97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3634

 

Introduced 2/24/2011, by Rep. Harry Osterman

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-1  from Ch. 38, par. 24-1
720 ILCS 5/24-1.6
720 ILCS 5/24-2
720 ILCS 5/24-3  from Ch. 38, par. 24-3

    Amends the Criminal Code of 1961. In provisions creating exemptions to the offenses of unlawful use of weapons and aggravated unlawful use of a weapon for transported weapons, requires the weapons to be "unloaded and enclosed in a firearm case, carrying box, shipping box, or other similar portable container designed for the safe transportation of firearms" (rather than "unloaded and enclosed in a case, firearm carrying box, shipping box, or other container"). Provides that it is a Class 1 felony to sell or give a firearm to a person whom the seller or giver knows is a street gang member. Effective immediately.


LRB097 08913 RLC 49045 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3634LRB097 08913 RLC 49045 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 1961 is amended by changing
5Sections 24-1, 24-1.6, 24-2, and 24-3 as follows:
 
6    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
7    Sec. 24-1. Unlawful Use of Weapons.
8    (a) A person commits the offense of unlawful use of weapons
9when he knowingly:
10        (1) Sells, manufactures, purchases, possesses or
11    carries any bludgeon, black-jack, slung-shot, sand-club,
12    sand-bag, metal knuckles or other knuckle weapon
13    regardless of its composition, throwing star, or any knife,
14    commonly referred to as a switchblade knife, which has a
15    blade that opens automatically by hand pressure applied to
16    a button, spring or other device in the handle of the
17    knife, or a ballistic knife, which is a device that propels
18    a knifelike blade as a projectile by means of a coil
19    spring, elastic material or compressed gas; or
20        (2) Carries or possesses with intent to use the same
21    unlawfully against another, a dagger, dirk, billy,
22    dangerous knife, razor, stiletto, broken bottle or other
23    piece of glass, stun gun or taser or any other dangerous or

 

 

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1    deadly weapon or instrument of like character; or
2        (3) Carries on or about his person or in any vehicle, a
3    tear gas gun projector or bomb or any object containing
4    noxious liquid gas or substance, other than an object
5    containing a non-lethal noxious liquid gas or substance
6    designed solely for personal defense carried by a person 18
7    years of age or older; or
8        (4) Carries or possesses in any vehicle or concealed on
9    or about his person except when on his land or in his own
10    abode, legal dwelling, or fixed place of business, or on
11    the land or in the legal dwelling of another person as an
12    invitee with that person's permission, any pistol,
13    revolver, stun gun or taser or other firearm, except that
14    this subsection (a) (4) does not apply to or affect
15    transportation of weapons that meet one of the following
16    conditions:
17            (i) are broken down in a non-functioning state; or
18            (ii) are not immediately accessible; or
19            (iii) are unloaded and enclosed in a firearm case,
20        firearm carrying box, shipping box, or other similar
21        portable container designed for the safe
22        transportation of firearms by a person who has been
23        issued a currently valid Firearm Owner's
24        Identification Card; or
25        (5) Sets a spring gun; or
26        (6) Possesses any device or attachment of any kind

 

 

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1    designed, used or intended for use in silencing the report
2    of any firearm; or
3        (7) Sells, manufactures, purchases, possesses or
4    carries:
5            (i) a machine gun, which shall be defined for the
6        purposes of this subsection as any weapon, which
7        shoots, is designed to shoot, or can be readily
8        restored to shoot, automatically more than one shot
9        without manually reloading by a single function of the
10        trigger, including the frame or receiver of any such
11        weapon, or sells, manufactures, purchases, possesses,
12        or carries any combination of parts designed or
13        intended for use in converting any weapon into a
14        machine gun, or any combination or parts from which a
15        machine gun can be assembled if such parts are in the
16        possession or under the control of a person;
17            (ii) any rifle having one or more barrels less than
18        16 inches in length or a shotgun having one or more
19        barrels less than 18 inches in length or any weapon
20        made from a rifle or shotgun, whether by alteration,
21        modification, or otherwise, if such a weapon as
22        modified has an overall length of less than 26 inches;
23        or
24            (iii) any bomb, bomb-shell, grenade, bottle or
25        other container containing an explosive substance of
26        over one-quarter ounce for like purposes, such as, but

 

 

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1        not limited to, black powder bombs and Molotov
2        cocktails or artillery projectiles; or
3        (8) Carries or possesses any firearm, stun gun or taser
4    or other deadly weapon in any place which is licensed to
5    sell intoxicating beverages, or at any public gathering
6    held pursuant to a license issued by any governmental body
7    or any public gathering at which an admission is charged,
8    excluding a place where a showing, demonstration or lecture
9    involving the exhibition of unloaded firearms is
10    conducted.
11        This subsection (a)(8) does not apply to any auction or
12    raffle of a firearm held pursuant to a license or permit
13    issued by a governmental body, nor does it apply to persons
14    engaged in firearm safety training courses; or
15        (9) Carries or possesses in a vehicle or on or about
16    his person any pistol, revolver, stun gun or taser or
17    firearm or ballistic knife, when he is hooded, robed or
18    masked in such manner as to conceal his identity; or
19        (10) Carries or possesses on or about his person, upon
20    any public street, alley, or other public lands within the
21    corporate limits of a city, village or incorporated town,
22    except when an invitee thereon or therein, for the purpose
23    of the display of such weapon or the lawful commerce in
24    weapons, or except when on his land or in his own abode,
25    legal dwelling, or fixed place of business, or on the land
26    or in the legal dwelling of another person as an invitee

 

 

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1    with that person's permission, any pistol, revolver, stun
2    gun or taser or other firearm, except that this subsection
3    (a) (10) does not apply to or affect transportation of
4    weapons that meet one of the following conditions:
5            (i) are broken down in a non-functioning state; or
6            (ii) are not immediately accessible; or
7            (iii) are unloaded and enclosed in a firearm case,
8        firearm carrying box, shipping box, or other similar
9        portable container designed for the safe
10        transportation of firearms by a person who has been
11        issued a currently valid Firearm Owner's
12        Identification Card.
13        A "stun gun or taser", as used in this paragraph (a)
14    means (i) any device which is powered by electrical
15    charging units, such as, batteries, and which fires one or
16    several barbs attached to a length of wire and which, upon
17    hitting a human, can send out a current capable of
18    disrupting the person's nervous system in such a manner as
19    to render him incapable of normal functioning or (ii) any
20    device which is powered by electrical charging units, such
21    as batteries, and which, upon contact with a human or
22    clothing worn by a human, can send out current capable of
23    disrupting the person's nervous system in such a manner as
24    to render him incapable of normal functioning; or
25        (11) Sells, manufactures or purchases any explosive
26    bullet. For purposes of this paragraph (a) "explosive

 

 

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1    bullet" means the projectile portion of an ammunition
2    cartridge which contains or carries an explosive charge
3    which will explode upon contact with the flesh of a human
4    or an animal. "Cartridge" means a tubular metal case having
5    a projectile affixed at the front thereof and a cap or
6    primer at the rear end thereof, with the propellant
7    contained in such tube between the projectile and the cap;
8    or
9        (12) (Blank); or
10        (13) Carries or possesses on or about his or her person
11    while in a building occupied by a unit of government, a
12    billy club, other weapon of like character, or other
13    instrument of like character intended for use as a weapon.
14    For the purposes of this Section, "billy club" means a
15    short stick or club commonly carried by police officers
16    which is either telescopic or constructed of a solid piece
17    of wood or other man-made material.
18    (b) Sentence. A person convicted of a violation of
19subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
20subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
21Class A misdemeanor. A person convicted of a violation of
22subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
23person convicted of a violation of subsection 24-1(a)(6) or
2424-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
25convicted of a violation of subsection 24-1(a)(7)(i) commits a
26Class 2 felony and shall be sentenced to a term of imprisonment

 

 

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1of not less than 3 years and not more than 7 years, unless the
2weapon is possessed in the passenger compartment of a motor
3vehicle as defined in Section 1-146 of the Illinois Vehicle
4Code, or on the person, while the weapon is loaded, in which
5case it shall be a Class X felony. A person convicted of a
6second or subsequent violation of subsection 24-1(a)(4),
724-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
8felony. The possession of each weapon in violation of this
9Section constitutes a single and separate violation.
10    (c) Violations in specific places.
11        (1) A person who violates subsection 24-1(a)(6) or
12    24-1(a)(7) in any school, regardless of the time of day or
13    the time of year, in residential property owned, operated
14    or managed by a public housing agency or leased by a public
15    housing agency as part of a scattered site or mixed-income
16    development, in a public park, in a courthouse, on the real
17    property comprising any school, regardless of the time of
18    day or the time of year, on residential property owned,
19    operated or managed by a public housing agency or leased by
20    a public housing agency as part of a scattered site or
21    mixed-income development, on the real property comprising
22    any public park, on the real property comprising any
23    courthouse, in any conveyance owned, leased or contracted
24    by a school to transport students to or from school or a
25    school related activity, in any conveyance owned, leased,
26    or contracted by a public transportation agency, or on any

 

 

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1    public way within 1,000 feet of the real property
2    comprising any school, public park, courthouse, public
3    transportation facility, or residential property owned,
4    operated, or managed by a public housing agency or leased
5    by a public housing agency as part of a scattered site or
6    mixed-income development commits a Class 2 felony and shall
7    be sentenced to a term of imprisonment of not less than 3
8    years and not more than 7 years.
9        (1.5) A person who violates subsection 24-1(a)(4),
10    24-1(a)(9), or 24-1(a)(10) in any school, regardless of the
11    time of day or the time of year, in residential property
12    owned, operated, or managed by a public housing agency or
13    leased by a public housing agency as part of a scattered
14    site or mixed-income development, in a public park, in a
15    courthouse, on the real property comprising any school,
16    regardless of the time of day or the time of year, on
17    residential property owned, operated, or managed by a
18    public housing agency or leased by a public housing agency
19    as part of a scattered site or mixed-income development, on
20    the real property comprising any public park, on the real
21    property comprising any courthouse, in any conveyance
22    owned, leased, or contracted by a school to transport
23    students to or from school or a school related activity, in
24    any conveyance owned, leased, or contracted by a public
25    transportation agency, or on any public way within 1,000
26    feet of the real property comprising any school, public

 

 

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1    park, courthouse, public transportation facility, or
2    residential property owned, operated, or managed by a
3    public housing agency or leased by a public housing agency
4    as part of a scattered site or mixed-income development
5    commits a Class 3 felony.
6        (2) A person who violates subsection 24-1(a)(1),
7    24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
8    time of day or the time of year, in residential property
9    owned, operated or managed by a public housing agency or
10    leased by a public housing agency as part of a scattered
11    site or mixed-income development, in a public park, in a
12    courthouse, on the real property comprising any school,
13    regardless of the time of day or the time of year, on
14    residential property owned, operated or managed by a public
15    housing agency or leased by a public housing agency as part
16    of a scattered site or mixed-income development, on the
17    real property comprising any public park, on the real
18    property comprising any courthouse, in any conveyance
19    owned, leased or contracted by a school to transport
20    students to or from school or a school related activity, in
21    any conveyance owned, leased, or contracted by a public
22    transportation agency, or on any public way within 1,000
23    feet of the real property comprising any school, public
24    park, courthouse, public transportation facility, or
25    residential property owned, operated, or managed by a
26    public housing agency or leased by a public housing agency

 

 

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1    as part of a scattered site or mixed-income development
2    commits a Class 4 felony. "Courthouse" means any building
3    that is used by the Circuit, Appellate, or Supreme Court of
4    this State for the conduct of official business.
5        (3) Paragraphs (1), (1.5), and (2) of this subsection
6    (c) shall not apply to law enforcement officers or security
7    officers of such school, college, or university or to
8    students carrying or possessing firearms for use in
9    training courses, parades, hunting, target shooting on
10    school ranges, or otherwise with the consent of school
11    authorities and which firearms are transported unloaded
12    enclosed in a suitable case, box, or transportation
13    package.
14        (4) For the purposes of this subsection (c), "school"
15    means any public or private elementary or secondary school,
16    community college, college, or university.
17        (5) For the purposes of this subsection (c), "public
18    transportation agency" means a public or private agency
19    that provides for the transportation or conveyance of
20    persons by means available to the general public, except
21    for transportation by automobiles not used for conveyance
22    of the general public as passengers; and "public
23    transportation facility" means a terminal or other place
24    where one may obtain public transportation.
25    (d) The presence in an automobile other than a public
26omnibus of any weapon, instrument or substance referred to in

 

 

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1subsection (a)(7) is prima facie evidence that it is in the
2possession of, and is being carried by, all persons occupying
3such automobile at the time such weapon, instrument or
4substance is found, except under the following circumstances:
5(i) if such weapon, instrument or instrumentality is found upon
6the person of one of the occupants therein; or (ii) if such
7weapon, instrument or substance is found in an automobile
8operated for hire by a duly licensed driver in the due, lawful
9and proper pursuit of his trade, then such presumption shall
10not apply to the driver.
11    (e) Exemptions. Crossbows, Common or Compound bows and
12Underwater Spearguns are exempted from the definition of
13ballistic knife as defined in paragraph (1) of subsection (a)
14of this Section.
15(Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09;
1695-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09;
1796-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)
 
18    (720 ILCS 5/24-1.6)
19    Sec. 24-1.6. Aggravated unlawful use of a weapon.
20    (a) A person commits the offense of aggravated unlawful use
21of a weapon when he or she knowingly:
22        (1) Carries on or about his or her person or in any
23    vehicle or concealed on or about his or her person except
24    when on his or her land or in his or her abode, legal
25    dwelling, or fixed place of business, or on the land or in

 

 

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1    the legal dwelling of another person as an invitee with
2    that person's permission, any pistol, revolver, stun gun or
3    taser or other firearm; or
4        (2) Carries or possesses on or about his or her person,
5    upon any public street, alley, or other public lands within
6    the corporate limits of a city, village or incorporated
7    town, except when an invitee thereon or therein, for the
8    purpose of the display of such weapon or the lawful
9    commerce in weapons, or except when on his or her own land
10    or in his or her own abode, legal dwelling, or fixed place
11    of business, or on the land or in the legal dwelling of
12    another person as an invitee with that person's permission,
13    any pistol, revolver, stun gun or taser or other firearm;
14    and
15        (3) One of the following factors is present:
16            (A) the firearm possessed was uncased, loaded and
17        immediately accessible at the time of the offense; or
18            (B) the firearm possessed was uncased, unloaded
19        and the ammunition for the weapon was immediately
20        accessible at the time of the offense; or
21            (C) the person possessing the firearm has not been
22        issued a currently valid Firearm Owner's
23        Identification Card; or
24            (D) the person possessing the weapon was
25        previously adjudicated a delinquent minor under the
26        Juvenile Court Act of 1987 for an act that if committed

 

 

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1        by an adult would be a felony; or
2            (E) the person possessing the weapon was engaged in
3        a misdemeanor violation of the Cannabis Control Act, in
4        a misdemeanor violation of the Illinois Controlled
5        Substances Act, or in a misdemeanor violation of the
6        Methamphetamine Control and Community Protection Act;
7        or
8            (F) (blank); or
9            (G) the person possessing the weapon had a order of
10        protection issued against him or her within the
11        previous 2 years; or
12            (H) the person possessing the weapon was engaged in
13        the commission or attempted commission of a
14        misdemeanor involving the use or threat of violence
15        against the person or property of another; or
16            (I) the person possessing the weapon was under 21
17        years of age and in possession of a handgun as defined
18        in Section 24-3, unless the person under 21 is engaged
19        in lawful activities under the Wildlife Code or
20        described in subsection 24-2(b)(1), (b)(3), or
21        24-2(f).
22    (b) "Stun gun or taser" as used in this Section has the
23same definition given to it in Section 24-1 of this Code.
24    (c) This Section does not apply to or affect the
25transportation or possession of weapons that:
26            (i) are broken down in a non-functioning state; or

 

 

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1            (ii) are not immediately accessible; or
2            (iii) are unloaded and enclosed in a firearm case,
3        firearm carrying box, shipping box, or other similar
4        portable container designed for the safe
5        transportation of firearms by a person who has been
6        issued a currently valid Firearm Owner's
7        Identification Card.
8    (d) Sentence.
9         (1) Aggravated unlawful use of a weapon is a Class 4
10    felony; a second or subsequent offense is a Class 2 felony
11    for which the person shall be sentenced to a term of
12    imprisonment of not less than 3 years and not more than 7
13    years.
14        (2) Except as otherwise provided in paragraphs (3) and
15    (4) of this subsection (d), a first offense of aggravated
16    unlawful use of a weapon committed with a firearm by a
17    person 18 years of age or older where the factors listed in
18    both items (A) and (C) of paragraph (3) of subsection (a)
19    are present is a Class 4 felony, for which the person shall
20    be sentenced to a term of imprisonment of not less than one
21    year and not more than 3 years.
22        (3) Aggravated unlawful use of a weapon by a person who
23    has been previously convicted of a felony in this State or
24    another jurisdiction is a Class 2 felony for which the
25    person shall be sentenced to a term of imprisonment of not
26    less than 3 years and not more than 7 years.

 

 

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1        (4) Aggravated unlawful use of a weapon while wearing
2    or in possession of body armor as defined in Section 33F-1
3    by a person who has not been issued a valid Firearms
4    Owner's Identification Card in accordance with Section 5 of
5    the Firearm Owners Identification Card Act is a Class X
6    felony.
7    (e) The possession of each firearm in violation of this
8Section constitutes a single and separate violation.
9(Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09;
1096-829, eff. 12-3-09; 96-1107, eff. 1-1-11.)
 
11    (720 ILCS 5/24-2)
12    Sec. 24-2. Exemptions.
13    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
1424-1(a)(13) and Section 24-1.6 do not apply to or affect any of
15the following:
16        (1) Peace officers, and any person summoned by a peace
17    officer to assist in making arrests or preserving the
18    peace, while actually engaged in assisting such officer.
19        (2) Wardens, superintendents and keepers of prisons,
20    penitentiaries, jails and other institutions for the
21    detention of persons accused or convicted of an offense,
22    while in the performance of their official duty, or while
23    commuting between their homes and places of employment.
24        (3) Members of the Armed Services or Reserve Forces of
25    the United States or the Illinois National Guard or the

 

 

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1    Reserve Officers Training Corps, while in the performance
2    of their official duty.
3        (4) Special agents employed by a railroad or a public
4    utility to perform police functions, and guards of armored
5    car companies, while actually engaged in the performance of
6    the duties of their employment or commuting between their
7    homes and places of employment; and watchmen while actually
8    engaged in the performance of the duties of their
9    employment.
10        (5) Persons licensed as private security contractors,
11    private detectives, or private alarm contractors, or
12    employed by an agency certified by the Department of
13    Professional Regulation, if their duties include the
14    carrying of a weapon under the provisions of the Private
15    Detective, Private Alarm, Private Security, Fingerprint
16    Vendor, and Locksmith Act of 2004, while actually engaged
17    in the performance of the duties of their employment or
18    commuting between their homes and places of employment,
19    provided that such commuting is accomplished within one
20    hour from departure from home or place of employment, as
21    the case may be. Persons exempted under this subdivision
22    (a)(5) shall be required to have completed a course of
23    study in firearms handling and training approved and
24    supervised by the Department of Professional Regulation as
25    prescribed by Section 28 of the Private Detective, Private
26    Alarm, Private Security, Fingerprint Vendor, and Locksmith

 

 

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1    Act of 2004, prior to becoming eligible for this exemption.
2    The Department of Professional Regulation shall provide
3    suitable documentation demonstrating the successful
4    completion of the prescribed firearms training. Such
5    documentation shall be carried at all times when such
6    persons are in possession of a concealable weapon.
7        (6) Any person regularly employed in a commercial or
8    industrial operation as a security guard for the protection
9    of persons employed and private property related to such
10    commercial or industrial operation, while actually engaged
11    in the performance of his or her duty or traveling between
12    sites or properties belonging to the employer, and who, as
13    a security guard, is a member of a security force of at
14    least 5 persons registered with the Department of
15    Professional Regulation; provided that such security guard
16    has successfully completed a course of study, approved by
17    and supervised by the Department of Professional
18    Regulation, consisting of not less than 40 hours of
19    training that includes the theory of law enforcement,
20    liability for acts, and the handling of weapons. A person
21    shall be considered eligible for this exemption if he or
22    she has completed the required 20 hours of training for a
23    security officer and 20 hours of required firearm training,
24    and has been issued a firearm control card by the
25    Department of Professional Regulation. Conditions for the
26    renewal of firearm control cards issued under the

 

 

HB3634- 18 -LRB097 08913 RLC 49045 b

1    provisions of this Section shall be the same as for those
2    cards issued under the provisions of the Private Detective,
3    Private Alarm, Private Security, Fingerprint Vendor, and
4    Locksmith Act of 2004. Such firearm control card shall be
5    carried by the security guard at all times when he or she
6    is in possession of a concealable weapon.
7        (7) Agents and investigators of the Illinois
8    Legislative Investigating Commission authorized by the
9    Commission to carry the weapons specified in subsections
10    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
11    any investigation for the Commission.
12        (8) Persons employed by a financial institution for the
13    protection of other employees and property related to such
14    financial institution, while actually engaged in the
15    performance of their duties, commuting between their homes
16    and places of employment, or traveling between sites or
17    properties owned or operated by such financial
18    institution, provided that any person so employed has
19    successfully completed a course of study, approved by and
20    supervised by the Department of Professional Regulation,
21    consisting of not less than 40 hours of training which
22    includes theory of law enforcement, liability for acts, and
23    the handling of weapons. A person shall be considered to be
24    eligible for this exemption if he or she has completed the
25    required 20 hours of training for a security officer and 20
26    hours of required firearm training, and has been issued a

 

 

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1    firearm control card by the Department of Professional
2    Regulation. Conditions for renewal of firearm control
3    cards issued under the provisions of this Section shall be
4    the same as for those issued under the provisions of the
5    Private Detective, Private Alarm, Private Security,
6    Fingerprint Vendor, and Locksmith Act of 2004. Such firearm
7    control card shall be carried by the person so trained at
8    all times when such person is in possession of a
9    concealable weapon. For purposes of this subsection,
10    "financial institution" means a bank, savings and loan
11    association, credit union or company providing armored car
12    services.
13        (9) Any person employed by an armored car company to
14    drive an armored car, while actually engaged in the
15    performance of his duties.
16        (10) Persons who have been classified as peace officers
17    pursuant to the Peace Officer Fire Investigation Act.
18        (11) Investigators of the Office of the State's
19    Attorneys Appellate Prosecutor authorized by the board of
20    governors of the Office of the State's Attorneys Appellate
21    Prosecutor to carry weapons pursuant to Section 7.06 of the
22    State's Attorneys Appellate Prosecutor's Act.
23        (12) Special investigators appointed by a State's
24    Attorney under Section 3-9005 of the Counties Code.
25        (12.5) Probation officers while in the performance of
26    their duties, or while commuting between their homes,

 

 

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1    places of employment or specific locations that are part of
2    their assigned duties, with the consent of the chief judge
3    of the circuit for which they are employed.
4        (13) Court Security Officers while in the performance
5    of their official duties, or while commuting between their
6    homes and places of employment, with the consent of the
7    Sheriff.
8        (13.5) A person employed as an armed security guard at
9    a nuclear energy, storage, weapons or development site or
10    facility regulated by the Nuclear Regulatory Commission
11    who has completed the background screening and training
12    mandated by the rules and regulations of the Nuclear
13    Regulatory Commission.
14        (14) Manufacture, transportation, or sale of weapons
15    to persons authorized under subdivisions (1) through
16    (13.5) of this subsection to possess those weapons.
17    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1824-1.6 do not apply to or affect any of the following:
19        (1) Members of any club or organization organized for
20    the purpose of practicing shooting at targets upon
21    established target ranges, whether public or private, and
22    patrons of such ranges, while such members or patrons are
23    using their firearms on those target ranges.
24        (2) Duly authorized military or civil organizations
25    while parading, with the special permission of the
26    Governor.

 

 

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1        (3) Hunters, trappers or fishermen with a license or
2    permit while engaged in hunting, trapping or fishing.
3        (4) Transportation of weapons that are broken down in a
4    non-functioning state or are not immediately accessible.
5        (5) Carrying or possessing any pistol, revolver, stun
6    gun or taser or other firearm on the land or in the legal
7    dwelling of another person as an invitee with that person's
8    permission.
9    (c) Subsection 24-1(a)(7) does not apply to or affect any
10of the following:
11        (1) Peace officers while in performance of their
12    official duties.
13        (2) Wardens, superintendents and keepers of prisons,
14    penitentiaries, jails and other institutions for the
15    detention of persons accused or convicted of an offense.
16        (3) Members of the Armed Services or Reserve Forces of
17    the United States or the Illinois National Guard, while in
18    the performance of their official duty.
19        (4) Manufacture, transportation, or sale of machine
20    guns to persons authorized under subdivisions (1) through
21    (3) of this subsection to possess machine guns, if the
22    machine guns are broken down in a non-functioning state or
23    are not immediately accessible.
24        (5) Persons licensed under federal law to manufacture
25    any weapon from which 8 or more shots or bullets can be
26    discharged by a single function of the firing device, or

 

 

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1    ammunition for such weapons, and actually engaged in the
2    business of manufacturing such weapons or ammunition, but
3    only with respect to activities which are within the lawful
4    scope of such business, such as the manufacture,
5    transportation, or testing of such weapons or ammunition.
6    This exemption does not authorize the general private
7    possession of any weapon from which 8 or more shots or
8    bullets can be discharged by a single function of the
9    firing device, but only such possession and activities as
10    are within the lawful scope of a licensed manufacturing
11    business described in this paragraph.
12        During transportation, such weapons shall be broken
13    down in a non-functioning state or not immediately
14    accessible.
15        (6) The manufacture, transport, testing, delivery,
16    transfer or sale, and all lawful commercial or experimental
17    activities necessary thereto, of rifles, shotguns, and
18    weapons made from rifles or shotguns, or ammunition for
19    such rifles, shotguns or weapons, where engaged in by a
20    person operating as a contractor or subcontractor pursuant
21    to a contract or subcontract for the development and supply
22    of such rifles, shotguns, weapons or ammunition to the
23    United States government or any branch of the Armed Forces
24    of the United States, when such activities are necessary
25    and incident to fulfilling the terms of such contract.
26        The exemption granted under this subdivision (c)(6)

 

 

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1    shall also apply to any authorized agent of any such
2    contractor or subcontractor who is operating within the
3    scope of his employment, where such activities involving
4    such weapon, weapons or ammunition are necessary and
5    incident to fulfilling the terms of such contract.
6        During transportation, any such weapon shall be broken
7    down in a non-functioning state, or not immediately
8    accessible.
9    (d) Subsection 24-1(a)(1) does not apply to the purchase,
10possession or carrying of a black-jack or slung-shot by a peace
11officer.
12    (e) Subsection 24-1(a)(8) does not apply to any owner,
13manager or authorized employee of any place specified in that
14subsection nor to any law enforcement officer.
15    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
16Section 24-1.6 do not apply to members of any club or
17organization organized for the purpose of practicing shooting
18at targets upon established target ranges, whether public or
19private, while using their firearms on those target ranges.
20    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
21to:
22        (1) Members of the Armed Services or Reserve Forces of
23    the United States or the Illinois National Guard, while in
24    the performance of their official duty.
25        (2) Bonafide collectors of antique or surplus military
26    ordinance.

 

 

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1        (3) Laboratories having a department of forensic
2    ballistics, or specializing in the development of
3    ammunition or explosive ordinance.
4        (4) Commerce, preparation, assembly or possession of
5    explosive bullets by manufacturers of ammunition licensed
6    by the federal government, in connection with the supply of
7    those organizations and persons exempted by subdivision
8    (g)(1) of this Section, or like organizations and persons
9    outside this State, or the transportation of explosive
10    bullets to any organization or person exempted in this
11    Section by a common carrier or by a vehicle owned or leased
12    by an exempted manufacturer.
13    (g-5) Subsection 24-1(a)(6) does not apply to or affect
14persons licensed under federal law to manufacture any device or
15attachment of any kind designed, used, or intended for use in
16silencing the report of any firearm, firearms, or ammunition
17for those firearms equipped with those devices, and actually
18engaged in the business of manufacturing those devices,
19firearms, or ammunition, but only with respect to activities
20that are within the lawful scope of that business, such as the
21manufacture, transportation, or testing of those devices,
22firearms, or ammunition. This exemption does not authorize the
23general private possession of any device or attachment of any
24kind designed, used, or intended for use in silencing the
25report of any firearm, but only such possession and activities
26as are within the lawful scope of a licensed manufacturing

 

 

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1business described in this subsection (g-5). During
2transportation, those devices shall be detached from any weapon
3or not immediately accessible.
4    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
524-1.6 do not apply to or affect any parole agent or parole
6supervisor who meets the qualifications and conditions
7prescribed in Section 3-14-1.5 of the Unified Code of
8Corrections.
9    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
1024-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
11athlete's possession, transport on official Olympic and
12Paralympic transit systems established for athletes, or use of
13competition firearms sanctioned by the International Olympic
14Committee, the International Paralympic Committee, the
15International Shooting Sport Federation, or USA Shooting in
16connection with such athlete's training for and participation
17in shooting competitions at the 2016 Olympic and Paralympic
18Games and sanctioned test events leading up to the 2016 Olympic
19and Paralympic Games.
20    (h) An information or indictment based upon a violation of
21any subsection of this Article need not negative any exemptions
22contained in this Article. The defendant shall have the burden
23of proving such an exemption.
24    (i) Nothing in this Article shall prohibit, apply to, or
25affect the transportation, carrying, or possession, of any
26pistol or revolver, stun gun, taser, or other firearm consigned

 

 

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1to a common carrier operating under license of the State of
2Illinois or the federal government, where such transportation,
3carrying, or possession is incident to the lawful
4transportation in which such common carrier is engaged; and
5nothing in this Article shall prohibit, apply to, or affect the
6transportation, carrying, or possession of any pistol,
7revolver, stun gun, taser, or other firearm, not the subject of
8and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
9this Article, which is unloaded and enclosed in a firearm case,
10firearm carrying box, shipping box, or other similar portable
11container designed for the safe transportation of firearms, by
12the possessor of a valid Firearm Owners Identification Card.
13(Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07;
1495-885, eff. 1-1-09; 96-7, eff. 4-3-09; 96-230, eff. 1-1-10;
1596-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)
 
16    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
17    Sec. 24-3. Unlawful Sale of Firearms.
18    (A) A person commits the offense of unlawful sale of
19firearms when he or she knowingly does any of the following:
20        (a) Sells or gives any firearm of a size which may be
21    concealed upon the person to any person under 18 years of
22    age.
23        (b) Sells or gives any firearm to a person under 21
24    years of age who has been convicted of a misdemeanor other
25    than a traffic offense or adjudged delinquent.

 

 

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1        (c) Sells or gives any firearm to any narcotic addict.
2        (d) Sells or gives any firearm to any person who has
3    been convicted of a felony under the laws of this or any
4    other jurisdiction.
5        (e) Sells or gives any firearm to any person who has
6    been a patient in a mental hospital within the past 5
7    years.
8        (f) Sells or gives any firearms to any person who is
9    mentally retarded.
10        (g) Delivers any firearm of a size which may be
11    concealed upon the person, incidental to a sale, without
12    withholding delivery of such firearm for at least 72 hours
13    after application for its purchase has been made, or
14    delivers any rifle, shotgun or other long gun, or a stun
15    gun or taser, incidental to a sale, without withholding
16    delivery of such rifle, shotgun or other long gun, or a
17    stun gun or taser for at least 24 hours after application
18    for its purchase has been made. However, this paragraph (g)
19    does not apply to: (1) the sale of a firearm to a law
20    enforcement officer if the seller of the firearm knows that
21    the person to whom he or she is selling the firearm is a
22    law enforcement officer or the sale of a firearm to a
23    person who desires to purchase a firearm for use in
24    promoting the public interest incident to his or her
25    employment as a bank guard, armed truck guard, or other
26    similar employment; (2) a mail order sale of a firearm to a

 

 

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1    nonresident of Illinois under which the firearm is mailed
2    to a point outside the boundaries of Illinois; (3) the sale
3    of a firearm to a nonresident of Illinois while at a
4    firearm showing or display recognized by the Illinois
5    Department of State Police; or (4) the sale of a firearm to
6    a dealer licensed as a federal firearms dealer under
7    Section 923 of the federal Gun Control Act of 1968 (18
8    U.S.C. 923). For purposes of this paragraph (g),
9    "application" means when the buyer and seller reach an
10    agreement to purchase a firearm.
11        (h) While holding any license as a dealer, importer,
12    manufacturer or pawnbroker under the federal Gun Control
13    Act of 1968, manufactures, sells or delivers to any
14    unlicensed person a handgun having a barrel, slide, frame
15    or receiver which is a die casting of zinc alloy or any
16    other nonhomogeneous metal which will melt or deform at a
17    temperature of less than 800 degrees Fahrenheit. For
18    purposes of this paragraph, (1) "firearm" is defined as in
19    the Firearm Owners Identification Card Act; and (2)
20    "handgun" is defined as a firearm designed to be held and
21    fired by the use of a single hand, and includes a
22    combination of parts from which such a firearm can be
23    assembled.
24        (i) Sells or gives a firearm of any size to any person
25    under 18 years of age who does not possess a valid Firearm
26    Owner's Identification Card.

 

 

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1        (j) Sells or gives a firearm while engaged in the
2    business of selling firearms at wholesale or retail without
3    being licensed as a federal firearms dealer under Section
4    923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
5    In this paragraph (j):
6        A person "engaged in the business" means a person who
7    devotes time, attention, and labor to engaging in the
8    activity as a regular course of trade or business with the
9    principal objective of livelihood and profit, but does not
10    include a person who makes occasional repairs of firearms
11    or who occasionally fits special barrels, stocks, or
12    trigger mechanisms to firearms.
13        "With the principal objective of livelihood and
14    profit" means that the intent underlying the sale or
15    disposition of firearms is predominantly one of obtaining
16    livelihood and pecuniary gain, as opposed to other intents,
17    such as improving or liquidating a personal firearms
18    collection; however, proof of profit shall not be required
19    as to a person who engages in the regular and repetitive
20    purchase and disposition of firearms for criminal purposes
21    or terrorism.
22        (k) Sells or transfers ownership of a firearm to a
23    person who does not display to the seller or transferor of
24    the firearm a currently valid Firearm Owner's
25    Identification Card that has previously been issued in the
26    transferee's name by the Department of State Police under

 

 

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1    the provisions of the Firearm Owners Identification Card
2    Act. This paragraph (k) does not apply to the transfer of a
3    firearm to a person who is exempt from the requirement of
4    possessing a Firearm Owner's Identification Card under
5    Section 2 of the Firearm Owners Identification Card Act.
6    For the purposes of this Section, a currently valid Firearm
7    Owner's Identification Card means (i) a Firearm Owner's
8    Identification Card that has not expired or (ii) if the
9    transferor is licensed as a federal firearms dealer under
10    Section 923 of the federal Gun Control Act of 1968 (18
11    U.S.C. 923), an approval number issued in accordance with
12    Section 3.1 of the Firearm Owners Identification Card Act
13    shall be proof that the Firearm Owner's Identification Card
14    was valid.
15        (l) Sells or gives any firearm to any person whom the
16    seller or giver knows is a street gang member. For purposes
17    of this paragraph (l): "street gang member" has the meaning
18    ascribed to the term "street gang member" in Section 10 of
19    the Illinois Streetgang Terrorism Omnibus Prevention Act.
20    (B) Paragraph (h) of subsection (A) does not include
21firearms sold within 6 months after enactment of Public Act
2278-355 (approved August 21, 1973, effective October 1, 1973),
23nor is any firearm legally owned or possessed by any citizen or
24purchased by any citizen within 6 months after the enactment of
25Public Act 78-355 subject to confiscation or seizure under the
26provisions of that Public Act. Nothing in Public Act 78-355

 

 

HB3634- 31 -LRB097 08913 RLC 49045 b

1shall be construed to prohibit the gift or trade of any firearm
2if that firearm was legally held or acquired within 6 months
3after the enactment of that Public Act.
4    (C) Sentence.
5        (1) Any person convicted of unlawful sale of firearms
6    in violation of paragraph (c), (e), (f), (g), or (h) of
7    subsection (A) commits a Class 4 felony.
8        (2) Any person convicted of unlawful sale of firearms
9    in violation of paragraph (b) or (i) of subsection (A)
10    commits a Class 3 felony.
11        (3) Any person convicted of unlawful sale of firearms
12    in violation of paragraph (a) of subsection (A) commits a
13    Class 2 felony.
14        (4) Any person convicted of unlawful sale of firearms
15    in violation of paragraph (a), (b), or (i) of subsection
16    (A) in any school, on the real property comprising a
17    school, within 1,000 feet of the real property comprising a
18    school, at a school related activity, or on or within 1,000
19    feet of any conveyance owned, leased, or contracted by a
20    school or school district to transport students to or from
21    school or a school related activity, regardless of the time
22    of day or time of year at which the offense was committed,
23    commits a Class 1 felony. Any person convicted of a second
24    or subsequent violation of unlawful sale of firearms in
25    violation of paragraph (a), (b), or (i) of subsection (A)
26    in any school, on the real property comprising a school,

 

 

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

 

 

HB3634- 33 -LRB097 08913 RLC 49045 b

1    in violation of paragraph (j) of subsection (A) commits a
2    Class A misdemeanor. A second or subsequent violation is a
3    Class 4 felony.
4        (7) Any person convicted of unlawful sale of firearms
5    in violation of paragraph (k) of subsection (A) commits a
6    Class 4 felony. A third or subsequent conviction for a
7    violation of paragraph (k) of subsection (A) is a Class 1
8    felony.
9        (8) A person 18 years of age or older convicted of
10    unlawful sale of firearms in violation of paragraph (a) or
11    (i) of subsection (A), when the firearm that was sold or
12    given to another person under 18 years of age was used in
13    the commission of or attempt to commit a forcible felony,
14    shall be fined or imprisoned, or both, not to exceed the
15    maximum provided for the most serious forcible felony so
16    committed or attempted by the person under 18 years of age
17    who was sold or given the firearm.
18        (9) Any person convicted of unlawful sale of firearms
19    in violation of paragraph (d) of subsection (A) commits a
20    Class 3 felony.
21        (10) Any person convicted of unlawful sale of firearms
22    in violation of paragraph (l) of subsection (A) commits a
23    Class 1 felony.
24    (D) For purposes of this Section:
25    "School" means a public or private elementary or secondary
26school, community college, college, or university.

 

 

HB3634- 34 -LRB097 08913 RLC 49045 b

1    "School related activity" means any sporting, social,
2academic, or other activity for which students' attendance or
3participation is sponsored, organized, or funded in whole or in
4part by a school or school district.
5    (E) A prosecution for a violation of paragraph (k) of
6subsection (A) of this Section may be commenced within 6 years
7after the commission of the offense. A prosecution for a
8violation of this Section other than paragraph (g) of
9subsection (A) of this Section may be commenced within 5 years
10after the commission of the offense defined in the particular
11paragraph.
12(Source: P.A. 95-331, eff. 8-21-07; 95-735, eff. 7-16-08;
1396-190, eff. 1-1-10.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.