HB4949 Enrolled LRB093 20898 RLC 46857 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Criminal Code of 1961 is amended by changing
5 Sections 24-1.1, 24-1.6, 24-3, 24-3.5, 24-3A, 24-5, and 33F-2
6 as follows:
 
7     (720 ILCS 5/24-1.1)  (from Ch. 38, par. 24-1.1)
8     Sec. 24-1.1. Unlawful Use or Possession of Weapons by
9 Felons or Persons in the Custody of the Department of
10 Corrections Facilities.
11     (a) It is unlawful for a person to knowingly possess on or
12 about his person or on his land or in his own abode or fixed
13 place of business any weapon prohibited under Section 24-1 of
14 this Act or any firearm or any firearm ammunition if the person
15 has been convicted of a felony under the laws of this State or
16 any other jurisdiction. This Section shall not apply if the
17 person has been granted relief by the Director of the
18 Department of State Police under Section 10 of the Firearm
19 Owners Identification Card Act.
20     (b) It is unlawful for any person confined in a penal
21 institution, which is a facility of the Illinois Department of
22 Corrections, to possess any weapon prohibited under Section
23 24-1 of this Code or any firearm or firearm ammunition,
24 regardless of the intent with which he possesses it.
25     (c) It shall be an affirmative defense to a violation of
26 subsection (b), that such possession was specifically
27 authorized by rule, regulation, or directive of the Illinois
28 Department of Corrections or order issued pursuant thereto.
29     (d) The defense of necessity is not available to a person
30 who is charged with a violation of subsection (b) of this
31 Section.
32     (e) Sentence. Violation of this Section by a person not

 

 

HB4949 Enrolled - 2 - LRB093 20898 RLC 46857 b

1 confined in a penal institution shall be a Class 3 felony for
2 which the person, if sentenced to a term of imprisonment, shall
3 be sentenced to no less than 2 years and no more than 10 years.
4 Violation of this Section by a person not confined in a penal
5 institution who has been convicted of a forcible felony, a
6 felony violation of Article 24 of this Code or of the Firearm
7 Owners Identification Card Act, stalking or aggravated
8 stalking, or a Class 2 or greater felony under the Illinois
9 Controlled Substances Act or the Cannabis Control Act is a
10 Class 2 felony for which the person, if sentenced to a term of
11 imprisonment, shall be sentenced to not less than 3 years and
12 not more than 14 years. Violation of this Section by a person
13 who is on parole or mandatory supervised release is a Class 2
14 felony for which the person, if sentenced to a term of
15 imprisonment, shall be sentenced to not less than 3 years and
16 not more than 14 years. Violation of this Section by a person
17 not confined in a penal institution is a Class X felony when
18 the firearm possessed is a machine gun. Any person who violates
19 this Section while confined in a penal institution, which is a
20 facility of the Illinois Department of Corrections, is guilty
21 of a Class 1 felony, if he possesses any weapon prohibited
22 under Section 24-1 of this Code regardless of the intent with
23 which he possesses it, a Class X felony if he possesses any
24 firearm, firearm ammunition or explosive, and a Class X felony
25 for which the offender shall be sentenced to not less than 12
26 years and not more than 50 years when the firearm possessed is
27 a machine gun. A violation of this Section while wearing or in
28 possession of body armor as defined in Section 33F-1 is a Class
29 X felony punishable by a term of imprisonment of not less than
30 10 years and not more than 40 years.
31 (Source: P.A. 91-544, eff. 1-1-00.)
 
32     (720 ILCS 5/24-1.6)
33     Sec. 24-1.6. Aggravated unlawful use of a weapon.
34     (a) A person commits the offense of aggravated unlawful use
35 of a weapon when he or she knowingly:

 

 

HB4949 Enrolled - 3 - LRB093 20898 RLC 46857 b

1         (1) Carries on or about his or her person or in any
2     vehicle or concealed on or about his or her person except
3     when on his or her land or in his or her abode or fixed
4     place of business any pistol, revolver, stun gun or taser
5     or other firearm; or
6         (2) Carries or possesses on or about his or her person,
7     upon any public street, alley, or other public lands within
8     the corporate limits of a city, village or incorporated
9     town, except when an invitee thereon or therein, for the
10     purpose of the display of such weapon or the lawful
11     commerce in weapons, or except when on his or her own land
12     or in his or her own abode or fixed place of business, any
13     pistol, revolver, stun gun or taser or other firearm; and
14         (3) One of the following factors is present:
15             (A) the firearm possessed was uncased, loaded and
16         immediately accessible at the time of the offense; or
17             (B) the firearm possessed was uncased, unloaded
18         and the ammunition for the weapon was immediately
19         accessible at the time of the offense; or
20             (C) the person possessing the firearm has not been
21         issued a currently valid Firearm Owner's
22         Identification Card; or
23             (D) the person possessing the weapon was
24         previously adjudicated a delinquent minor under the
25         Juvenile Court Act of 1987 for an act that if committed
26         by an adult would be a felony; or
27             (E) the person possessing the weapon was engaged in
28         a misdemeanor violation of the Cannabis Control Act or
29         in a misdemeanor violation of the Illinois Controlled
30         Substances Act; or
31             (F) the person possessing the weapon is a member of
32         a street gang or is engaged in street gang related
33         activity, as defined in Section 10 of the Illinois
34         Streetgang Terrorism Omnibus Prevention Act; or
35             (G) the person possessing the weapon had a order of
36         protection issued against him or her within the

 

 

HB4949 Enrolled - 4 - LRB093 20898 RLC 46857 b

1         previous 2 years; or
2             (H) the person possessing the weapon was engaged in
3         the commission or attempted commission of a
4         misdemeanor involving the use or threat of violence
5         against the person or property of another; or
6             (I) the person possessing the weapon was under 21
7         years of age and in possession of a handgun as defined
8         in Section 24-3, unless the person under 21 is engaged
9         in lawful activities under the Wildlife Code or
10         described in subsection 24-2(b)(1), (b)(3), or
11         24-2(f).
12     (b) "Stun gun or taser" as used in this Section has the
13 same definition given to it in Section 24-1 of this Code.
14     (c) This Section does not apply to or affect the
15 transportation or possession of weapons that:
16             (i) are broken down in a non-functioning state; or
17             (ii) are not immediately accessible; or
18             (iii) are unloaded and enclosed in a case, firearm
19         carrying box, shipping box, or other container by a
20         person who has been issued a currently valid Firearm
21         Owner's Identification Card.
22     (d) Sentence. Aggravated unlawful use of a weapon is a
23 Class 4 felony; a second or subsequent offense is a Class 2
24 felony. Aggravated unlawful use of a weapon by a person who has
25 been previously convicted of a felony in this State or another
26 jurisdiction is a Class 2 felony. Aggravated unlawful use of a
27 weapon while wearing or in possession of body armor as defined
28 in Section 33F-1 by a person who has not been issued a valid
29 Firearms Owner's Identification Card in accordance with
30 Section 5 of the Firearm Owners Identification Card Act is a
31 Class X felony.
32 (Source: P.A. 91-690, eff. 4-13-00.)
 
33     (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
34     Sec. 24-3. Unlawful Sale of Firearms.
35     (A) A person commits the offense of unlawful sale of

 

 

HB4949 Enrolled - 5 - LRB093 20898 RLC 46857 b

1 firearms when he or she knowingly does any of the following:
2         (a) Sells or gives any firearm of a size which may be
3     concealed upon the person to any person under 18 years of
4     age.
5         (b) Sells or gives any firearm to a person under 21
6     years of age who has been convicted of a misdemeanor other
7     than a traffic offense or adjudged delinquent.
8         (c) Sells or gives any firearm to any narcotic addict.
9         (d) Sells or gives any firearm to any person who has
10     been convicted of a felony under the laws of this or any
11     other jurisdiction.
12         (e) Sells or gives any firearm to any person who has
13     been a patient in a mental hospital within the past 5
14     years.
15         (f) Sells or gives any firearms to any person who is
16     mentally retarded.
17         (g) Delivers any firearm of a size which may be
18     concealed upon the person, incidental to a sale, without
19     withholding delivery of such firearm for at least 72 hours
20     after application for its purchase has been made, or
21     delivers any rifle, shotgun or other long gun, incidental
22     to a sale, without withholding delivery of such rifle,
23     shotgun or other long gun for at least 24 hours after
24     application for its purchase has been made. However, this
25     paragraph (g) does not apply to: (1) the sale of a firearm
26     to a law enforcement officer or a person who desires to
27     purchase a firearm for use in promoting the public interest
28     incident to his or her employment as a bank guard, armed
29     truck guard, or other similar employment; (2) a mail order
30     sale of a firearm to a nonresident of Illinois under which
31     the firearm is mailed to a point outside the boundaries of
32     Illinois; (3) the sale of a firearm to a nonresident of
33     Illinois while at a firearm showing or display recognized
34     by the Illinois Department of State Police; or (4) the sale
35     of a firearm to a dealer licensed as a federal firearms
36     dealer under Section 923 of the federal Gun Control Act of

 

 

HB4949 Enrolled - 6 - LRB093 20898 RLC 46857 b

1     1968 (18 U.S.C. 923).
2         (h) While holding any license as a dealer, importer,
3     manufacturer or pawnbroker under the federal Gun Control
4     Act of 1968, manufactures, sells or delivers to any
5     unlicensed person a handgun having a barrel, slide, frame
6     or receiver which is a die casting of zinc alloy or any
7     other nonhomogeneous metal which will melt or deform at a
8     temperature of less than 800 degrees Fahrenheit. For
9     purposes of this paragraph, (1) "firearm" is defined as in
10     the Firearm Owners Identification Card Act; and (2)
11     "handgun" is defined as a firearm designed to be held and
12     fired by the use of a single hand, and includes a
13     combination of parts from which such a firearm can be
14     assembled.
15         (i) Sells or gives a firearm of any size to any person
16     under 18 years of age who does not possess a valid Firearm
17     Owner's Identification Card.
18         (j) Sells or gives a firearm while engaged in the
19     business of selling firearms at wholesale or retail without
20     being licensed as a federal firearms dealer under Section
21     923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
22     In this paragraph (j):
23         A person "engaged in the business" means a person who
24     devotes time, attention, and labor to engaging in the
25     activity as a regular course of trade or business with the
26     principal objective of livelihood and profit, but does not
27     include a person who makes occasional repairs of firearms
28     or who occasionally fits special barrels, stocks, or
29     trigger mechanisms to firearms.
30         "With the principal objective of livelihood and
31     profit" means that the intent underlying the sale or
32     disposition of firearms is predominantly one of obtaining
33     livelihood and pecuniary gain, as opposed to other intents,
34     such as improving or liquidating a personal firearms
35     collection; however, proof of profit shall not be required
36     as to a person who engages in the regular and repetitive

 

 

HB4949 Enrolled - 7 - LRB093 20898 RLC 46857 b

1     purchase and disposition of firearms for criminal purposes
2     or terrorism.
3         (k) Sells or transfers ownership of a firearm to a
4     person who does not display to the seller or transferor of
5     the firearm a currently valid Firearm Owner's
6     Identification Card that has previously been issued in the
7     transferee's name by the Department of State Police under
8     the provisions of the Firearm Owners Identification Card
9     Act. This paragraph (k) does not apply to the transfer of a
10     firearm to a person who is exempt from the requirement of
11     possessing a Firearm Owner's Identification Card under
12     Section 2 of the Firearm Owners Identification Card Act.
13     For the purposes of this Section, a currently valid Firearm
14     Owner's Identification Card means (i) a Firearm Owner's
15     Identification Card that has not expired or (ii) if the
16     transferor is licensed as a federal firearms dealer under
17     Section 923 of the federal Gun Control Act of 1968 (18
18     U.S.C. 923), an approval number issued in accordance with
19     Section 3.1 of the Firearm Owners Identification Card Act
20     shall be proof that the Firearm Owner's Identification Card
21     was valid.
22     (B) Paragraph (h) of subsection (A) does not include
23 firearms sold within 6 months after enactment of Public Act
24 78-355 (approved August 21, 1973, effective October 1, 1973),
25 nor is any firearm legally owned or possessed by any citizen or
26 purchased by any citizen within 6 months after the enactment of
27 Public Act 78-355 subject to confiscation or seizure under the
28 provisions of that Public Act. Nothing in Public Act 78-355
29 shall be construed to prohibit the gift or trade of any firearm
30 if that firearm was legally held or acquired within 6 months
31 after the enactment of that Public Act.
32     (C) Sentence.
33         (1) Any person convicted of unlawful sale of firearms
34     in violation of any of paragraphs (c) through (h) of
35     subsection (A) commits a Class 4 felony.
36         (2) Any person convicted of unlawful sale of firearms

 

 

HB4949 Enrolled - 8 - LRB093 20898 RLC 46857 b

1     in violation of paragraph (b) or (i) of subsection (A)
2     commits a Class 3 felony.
3         (3) Any person convicted of unlawful sale of firearms
4     in violation of paragraph (a) of subsection (A) commits a
5     Class 2 felony.
6         (4) Any person convicted of unlawful sale of firearms
7     in violation of paragraph (a), (b), or (i) of subsection
8     (A) in any school, on the real property comprising a
9     school, within 1,000 feet of the real property comprising a
10     school, at a school related activity, or on or within 1,000
11     feet of any conveyance owned, leased, or contracted by a
12     school or school district to transport students to or from
13     school or a school related activity, regardless of the time
14     of day or time of year at which the offense was committed,
15     commits a Class 1 felony. Any person convicted of a second
16     or subsequent violation of unlawful sale of firearms in
17     violation of paragraph (a), (b), or (i) of subsection (A)
18     in any school, on the real property comprising a school,
19     within 1,000 feet of the real property comprising a school,
20     at a school related activity, or on or within 1,000 feet of
21     any conveyance owned, leased, or contracted by a school or
22     school district to transport students to or from school or
23     a school related activity, regardless of the time of day or
24     time of year at which the offense was committed, commits a
25     Class 1 felony for which the sentence shall be a term of
26     imprisonment of no less than 5 years and no more than 15
27     years.
28         (5) Any person convicted of unlawful sale of firearms
29     in violation of paragraph (a) or (i) of subsection (A) in
30     residential property owned, operated, or managed by a
31     public housing agency or leased by a public housing agency
32     as part of a scattered site or mixed-income development, in
33     a public park, in a courthouse, on residential property
34     owned, operated, or managed by a public housing agency or
35     leased by a public housing agency as part of a scattered
36     site or mixed-income development, on the real property

 

 

HB4949 Enrolled - 9 - LRB093 20898 RLC 46857 b

1     comprising any public park, on the real property comprising
2     any courthouse, or on any public way within 1,000 feet of
3     the real property comprising any public park, courthouse,
4     or residential property owned, operated, or managed by a
5     public housing agency or leased by a public housing agency
6     as part of a scattered site or mixed-income development
7     commits a Class 2 felony.
8         (6) Any person convicted of unlawful sale of firearms
9     in violation of paragraph (j) of subsection (A) commits a
10     Class A misdemeanor. A second or subsequent violation is a
11     Class 4 felony.
12         (7) Any person convicted of unlawful sale of firearms
13     in violation of paragraph (k) of subsection (A) commits a
14     Class 4 felony. A third or subsequent conviction for a
15     violation of paragraph (k) of subsection (A) is a Class 1
16     felony.
17     (D) For purposes of this Section:
18     "School" means a public or private elementary or secondary
19 school, community college, college, or university.
20     "School related activity" means any sporting, social,
21 academic, or other activity for which students' attendance or
22 participation is sponsored, organized, or funded in whole or in
23 part by a school or school district.
24     (E) A prosecution for a violation of paragraph (k) of
25 subsection (A) of this Section may be commenced within 6 years
26 after the commission of the offense. A prosecution for a
27 violation of this Section other than paragraph (g) of
28 subsection (A) of this Section may be commenced within 5 years
29 after the commission of the offense defined in the particular
30 paragraph.
31 (Source: P.A. 93-162, eff. 7-10-03.)
 
32     (720 ILCS 5/24-3.5)
33     Sec. 24-3.5. Unlawful purchase of a firearm.
34     (a) For purposes of this Section, "firearms transaction
35 record form" means a form:

 

 

HB4949 Enrolled - 10 - LRB093 20898 RLC 46857 b

1         (1) executed by a transferee of a firearm stating: (i)
2     the transferee's name and address (including county or
3     similar political subdivision); (ii) whether the
4     transferee is a citizen of the United States; (iii) the
5     transferee's State of residence; and (iv) the date and
6     place of birth, height, weight, and race of the transferee;
7     and
8         (2) on which the transferee certifies that he or she is
9     not prohibited by federal law from transporting or shipping
10     a firearm in interstate or foreign commerce or receiving a
11     firearm that has been shipped or transported in interstate
12     or foreign commerce or possessing a firearm in or affecting
13     commerce.
14     (b) A person commits the offense of unlawful purchase of a
15 firearm who knowingly purchases or attempts to purchase a
16 firearm with the intent to deliver that firearm to another
17 person who is prohibited by federal or State law from
18 possessing a firearm.
19     (c) A person commits the offense of unlawful purchase of a
20 firearm when he or she, in purchasing or attempting to purchase
21 a firearm, intentionally provides false or misleading
22 information on a United States Department of the Treasury,
23 Bureau of Alcohol, Tobacco and Firearms firearms transaction
24 record form.
25     (d) Exemption. It is not a violation of subsection (b) of
26 this Section for a person to make a gift or loan of a firearm to
27 a person who is not prohibited by federal or State law from
28 possessing a firearm if the transfer of the firearm is made in
29 accordance with Section 3 of the Firearm Owners Identification
30 Card Act.
31     (e) Sentence.
32         (1) A person who commits the offense of unlawful
33     purchase of a firearm:
34             (A) is guilty of a Class 4 felony for purchasing or
35         attempting to purchase one firearm;
36             (B) is guilty of a Class 3 felony for purchasing or

 

 

HB4949 Enrolled - 11 - LRB093 20898 RLC 46857 b

1         attempting to purchase not less than 2 firearms and not
2         more than 5 firearms at the same time or within a one
3         year period;
4             (C) is guilty of a Class 2 felony for purchasing or
5         attempting to purchase not less than 6 firearms and not
6         more than 10 firearms at the same time or within a 2
7         year period;
8             (D) is guilty of a Class 1 felony for purchasing or
9         attempting to purchase not less than 11 firearms and
10         not more than 20 firearms at the same time or within a
11         3 year period;
12             (E) is guilty of a Class X felony for which the
13         person shall be sentenced to a term of imprisonment of
14         not less than 6 years and not more than 30 years for
15         purchasing or attempting to purchase not less than 21
16         firearms and not more than 30 firearms at the same time
17         or within a 4 year period;
18             (F) is guilty of a Class X felony for which the
19         person shall be sentenced to a term of imprisonment of
20         not less than 6 years and not more than 40 years for
21         purchasing or attempting to purchase not less than 31
22         firearms and not more than 40 firearms at the same time
23         or within a 5 year period;
24             (G) is guilty of a Class X felony for which the
25         person shall be sentenced to a term of imprisonment of
26         not less than 6 years and not more than 50 years for
27         purchasing or attempting to purchase more than 40
28         firearms at the same time or within a 6 year period.
29         (2) In addition to any other penalty that may be
30     imposed for a violation of this Section, the court may
31     sentence a person convicted of a violation of subsection
32     (c) of this Section to a fine not to exceed $250,000 for
33     each violation.
34     (f) A prosecution for unlawful purchase of a firearm may be
35 commenced within 6 years after the commission of the offense.
36 (Source: P.A. 93-451, eff. 8-7-03.)
 

 

 

HB4949 Enrolled - 12 - LRB093 20898 RLC 46857 b

1     (720 ILCS 5/24-3A)
2     Sec. 24-3A. Gunrunning.
3     (a) A person commits gunrunning when he or she transfers 3
4 or more firearms in violation of any of the paragraphs of
5 Section 24-3 of this Code.
6     (b) Sentence. A person who commits gunrunning:
7         (1) is guilty of a Class 1 felony;
8         (2) is guilty of a Class X felony for which the
9     sentence shall be a term of imprisonment of not less than 8
10     years and not more than 40 years if the transfer is of not
11     less than 11 firearms and not more than 20 firearms;
12         (3) is guilty of a Class X felony for which the
13     sentence shall be a term of imprisonment of not less than
14     10 years and not more than 50 years if the transfer is of
15     more than 20 firearms.
16 A person who commits gunrunning by transferring firearms to a
17 person who, at the time of the commission of the offense, is
18 under 18 years of age is guilty of a Class X felony.
19 (Source: P.A. 91-13, eff. 1-1-00; 91-696, eff. 4-13-00.)
 
20     (720 ILCS 5/24-5)  (from Ch. 38, par. 24-5)
21     Sec. 24-5. Defacing identification marks of firearms.
22     (a) Any person who shall knowingly or intentionally change,
23 alter, remove or obliterate the name of the importer's or
24 manufacturer's serial number maker, model, manufacturer's
25 number or other mark of identification of any firearm commits a
26 Class 2 felony.
27     (b) A person who possesses Possession of any firearm upon
28 which any such importer's or manufacturer's serial number has
29 mark shall have been changed, altered, removed or obliterated
30 commits a Class 3 felony shall be prima facie evidence that the
31 possessor has changed, altered, removed or obliterated the
32 same.
33     (c) Nothing in this Section shall prevent a person from
34 making repairs, replacement of parts, or other changes to a

 

 

HB4949 Enrolled - 13 - LRB093 20898 RLC 46857 b

1 firearm if those repairs, replacement of parts, or changes
2 cause the removal of the name of the maker, model, or other
3 marks of identification other than the serial number on the
4 firearm's frame or receiver.
5     (d) A prosecution for a violation of this Section may be
6 commenced within 6 years after the commission of the offense.
7 (Source: P.A. 91-696, eff. 4-13-00.)
 
8     (720 ILCS 5/33F-2)  (from Ch. 38, par. 33F-2)
9     Sec. 33F-2. Unlawful use of body armor. A person commits
10 the offense of unlawful use of body armor when he knowingly
11 wears body armor and is in possession of a dangerous weapon,
12 other than a firearm, in the commission or attempted commission
13 of any offense.
14 (Source: P.A. 87-521.)
 
15     Section 10. The Marks and Serial Numbers Act is amended by
16 changing Section 1 as follows:
 
17     (720 ILCS 335/1)  (from Ch. 121 1/2, par. 157.13)
18     Sec. 1. Any person who removes, alters, defaces, covers or
19 destroys the manufacturers' serial number or any other
20 manufacturers' number or distinguishing identification mark
21 upon any machine or other article of merchandise, other than a
22 motor vehicle as defined in Section 1-146 of the Illinois
23 Vehicle Code or a firearm as defined in the Firearm Owners
24 Identification Card Act, for the purpose of concealing or
25 destroying the identity of such machine or other article of
26 merchandise shall be guilty of a Class B misdemeanor.
27 (Source: P.A. 78-255.)
 
28     Section 99. Effective date. This Act takes effect upon
29 becoming law.