98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4715

 

Introduced , by Rep. Kelly M. Cassidy

 

SYNOPSIS AS INTRODUCED:
 
New Act
720 ILCS 5/24-3  from Ch. 38, par. 24-3

    Creates the Firearms Registration Act. Provides that every person in the State must register each firearm he or she owns or possesses in accordance with the Act. Provides that a person shall not purchase or possess ammunition within this State without having first obtained a registration certificate identifying a firearm that is suitable for use with that ammunition, or a receipt demonstrating that the person has applied to register a suitable firearm under the Act and that the application is pending. Provides that the Department of State Police must complete a background check of any person who applies for: (1) a registration certificate for a firearm that was lawfully owned or possessed on the effective date of the Act, was brought into the State by a new resident, or was acquired by operation of law upon the death of the former owner; or (2) a renewal of a registration certificate unless, within 12 months of the date the renewal application is submitted, the applicant passed a background check conducted by the Department in connection with the applicant's acquisition of another firearm. Provides exceptions. Amends the Criminal Code of 2012. Provides that it is a Class 2 felony to sell or transfer ownership of a firearm to another person without complying with the registration requirement of the Firearms Registration Act.


LRB098 17544 RLC 52653 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 1. Short title. This Act may be cited as the
5Firearms Registration Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Ammunition" has the same meaning as "firearm ammunition"
8in Section 1.1 of the Firearm Owners Identification Card Act.
9    "Applicant" means a person who is seeking the issuance or
10renewal of a registration certificate for a firearm that he or
11she owns or possesses.
12    "Department" means the Department of State Police.
13    "Firearm" has the same meaning as "firearm" in Section 1.1
14of the Firearm Owners Identification Card Act.
15    "Person" means any individual, corporation, company,
16association, firm, partnership, club, organization, society,
17joint stock company, or other entity.
18    "Registrant" means a person who has been issued a
19registration certificate for a firearm that he or she owns or
20possesses.
 
21    Section 10. Firearm registration requirement.
22    (a) Every person in this State must register each firearm

 

 

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1he or she owns or possesses in accordance with this Act.
2    (b) A person shall not deliver, receive, or obtain a
3firearm, until each of the following have occurred:
4        (1) the buyer or transferee has completed an
5    application to register the firearm under Section 25;
6        (2) the person transferring the firearm has verified
7    that the prospective registrant is the person whose
8    driver's license or other government-issued identification
9    card is contained in the application;
10        (3) the person transferring the firearm has
11    transmitted the completed application to register the
12    firearm to the Department of State Police in the manner
13    prescribed by the Department; and
14        (4) the person transferring the firearm has provided a
15    receipt for the application to the prospective registrant
16    on a form prescribed by the Department.
17    (c) A person has complied with subsection (a) of this
18Section for a firearm if he or she produces a valid receipt
19indicating that he or she has applied to register that firearm
20under this Act and the application is pending.
 
21    Section 15. Ammunition purchase, possession, delivery.
22    (a) A person shall not purchase or possess ammunition
23within this State without having first obtained a registration
24certificate identifying a firearm that is suitable for use with
25that ammunition, or a receipt demonstrating that the person has

 

 

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1applied to register a suitable firearm under this Act and that
2the application is pending.
3    (b) A person shall not deliver ammunition to any person
4within this State without having verified that the ammunition
5purchaser possesses a registration certificate for a firearm
6that is suitable for use with that ammunition, or a receipt
7demonstrating that the person has applied to register a
8suitable firearm under this Act and the application is pending.
 
9    Section 20. Exceptions.
10    Sections 10 and 15 do not apply to the ownership,
11possession, or receipt of a firearm or ammunition by, or
12delivery of a firearm or ammunition to:
13    (1) any law enforcement or corrections agency, or law
14enforcement or corrections officer acting within the course and
15scope of his or her employment or official duties;
16    (2) a United States Marshal or member of the Armed Forces
17of the United States or the National Guard, or a federal
18official, who is required to possess a firearm in the operation
19of his or her official duties;
20    (3) licensed firearms manufacturers, importers, or
21dealers, while engaged in the course and scope of their
22activities as licensees, provided that those persons are
23properly licensed under federal, State, and local law;
24    (4) a gunsmith who is in possession of a firearm solely for
25the purposes of service or repair;

 

 

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1    (5) a common carrier, warehouseman, or other person engaged
2in the business of transporting or storing goods, to the extent
3that the possession or receipt of any firearm is in the
4ordinary course of business and not for the personal use of
5that person;
6    (6) a person who is under 18 years of age who is in
7possession of a registered firearm for lawful hunting or
8sporting purposes or for any other lawful recreational activity
9while under the direct supervision and control of the
10registrant;
11    (7) a person who is 18 years of age or older who is in
12possession of a registered firearm while accompanying the
13registrant and using the firearm for lawful hunting or sporting
14purposes or for any other lawful recreational activity;
15    (8) a new resident of this State who has brought his or her
16firearm into this State within the preceding 90 days, or who
17produces a valid receipt indicating that he or she has applied
18to register the firearm within this time period and the
19application is pending;
20    (9) nonresidents of the State participating in lawful
21hunting or sporting activity or other lawful recreational
22activity in this State, if their ownership or possession of a
23firearm for those purposes is lawful in the jurisdiction in
24which they reside, and that the weapon is transported in
25compliance with Section 926A of the federal Gun Control Act of
261968 (18 U.S.C. 926A);

 

 

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1    (10) a person being loaned a firearm solely for the purpose
2of shooting at targets, if the loan occurs on the premises of a
3properly licensed target facility, and the firearm is at all
4times kept within the premises of the target range;
5    (11) a person who has acquired a firearm by operation of
6law upon the death of the former owner of the firearm within
7the preceding 90 days, or who produces a valid receipt
8indicating that he or she has applied to register the firearm
9within this time period and the application is pending;
10    (12) a person lawfully transporting a firearm through this
11State in accordance with Section 926A of the federal Gun
12Control Act of 1968 (18 U.S.C. 926A);
13    (13) an adult family member of the registrant of the
14firearm if the registrant resides with the family member but is
15not currently present in the residence, if the family member
16does not maintain control over the firearm for more than 14
17consecutive days. This exception shall not apply if the
18registrant or the family member knows or has reasonable cause
19to believe that federal, State, or local law prohibits the
20family member from purchasing or possessing firearms, or the
21registrant knows or has reasonable cause to believe that the
22family member is likely to use the firearm for unlawful
23purposes;
24    (14) members of bona fide veterans organizations which
25receive firearms directly from the armed forces of the United
26States, while using the firearms for ceremonial purposes with

 

 

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1blank ammunition;
2    (15) color guards of bona fide veterans organizations or
3members of bona fide American Legion bands while using firearms
4for ceremonial purposes with blank ammunition;
5    (16) nonresidents while at a firearm showing or display
6recognized by the Department, provided that at all other times
7and in all other places the weapon is transported in compliance
8with Federal Gun Control Act of 1968 (18 U.S.C. 926A); or
9    (17) competitive shooting athletes whose competition
10firearms are sanctioned by the International Olympic
11Committee, the International Paralympic Committee, the
12International Shooting Sport Federation, or USA Shooting in
13connection with the athletes' training for and participation in
14shooting competitions at the 2016 Olympic and Paralympic Games
15and sanctioned test events leading up to the 2016 Olympic and
16Paralympic Games, provided that the weapons are transported in
17compliance with Federal Gun Control Act of 1968 (18 U.S.C.
18926A).
 
19    Section 25. Application to register a firearm.
20    (a) Any person who is required to register a firearm under
21this Act shall:
22        (1) For a newly purchased firearm:
23            (A) obtain a registration application from the
24        seller of the firearm to be registered; and
25            (B) complete and submit to the firearm seller the

 

 

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1        application, in writing, signed under penalty of
2        perjury, on a form prescribed by the Department.
3        (2) For a firearm that was lawfully owned or possessed
4    on the effective date of this Act, was brought into the
5    State by a new resident, or was acquired by operation of
6    law upon the death of the former owner:
7            (A) appear in person at a time and place designated
8        by the Department; and
9            (B) complete and submit to the Department the
10        application, in writing, signed under penalty of
11        perjury, on a form prescribed by the Department.
12    (b) Any person who is required to register a firearm must
13provide the following information on a registration
14application created by the Department, which form shall
15include:
16        (1) the applicant's full name and any other name by
17    which the applicant has ever been known;
18        (2) the home address and telephone number of the
19    applicant;
20        (3) the occupation, business address, and telephone
21    number of the applicant;
22        (4) the applicant's gender, race, height, weight, date
23    of birth, place of birth, country of citizenship, social
24    security number, and, if the applicant is not a United
25    States citizen, alien or admission number;
26        (5) a copy of the applicant's current driver's license

 

 

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1    or other government-issued identification card containing
2    a photograph of the applicant;
3        (6) information concerning any denial or revocation of
4    a license, permit, or registration certificate pertaining
5    to any firearm owned or possessed by the applicant;
6        (7) the make, model, manufacturer's name, caliber or
7    gauge, and serial number of all firearms for which the
8    applicant seeks to obtain a registration certificate;
9        (8) the date the applicant acquired each firearm;
10        (9) the name, address, and telephone number of the
11    person from whom each firearm was obtained, and in the case
12    of a firearms dealer, the dealer's license number;
13        (10) the name of, and description of any instance in
14    which, any court, board, commission, or other lawful
15    authority has done either of the following, including dates
16    of commitment and release:
17            (A) determined that the applicant, as a result of
18        marked subnormal intelligence, mental illness,
19        incompetency, condition, or disease, was a danger to
20        himself or herself or others, lacked the mental
21        capacity to contract or manage his or her own affairs,
22        or was not guilty of a crime by reason of insanity or
23        incompetent to stand trial; or
24            (B) involuntarily committed the person to a mental
25        institution (including the name and address of the
26        institution);

 

 

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1        (11) an authorization and release to obtain
2    information relevant to the person's eligibility to
3    register a firearm under this Act, from any source, that
4    waives any right to confidentiality and requests the
5    disclosure of the information to the Department for the
6    sole purpose of determining the person's eligibility to
7    register a firearm under this Act;
8        (12) the applicant's right thumbprint;
9        (13) 2 identical color photographs of the applicant's
10    face, frontal view, 2 inches square in size, taken within
11    the 30 days immediately preceding the application, as
12    specified in rules of the Department; and
13        (14) any additional information the Department deems
14    necessary to process the application.
15    (c) The Department may charge a fee to cover the
16administrative costs of the registration for each firearm.
 
17    Section 30. Investigation by Department.
18    (a) In addition to the requirement of a background check
19upon sale of a firearm under Sections 3 and 3.1 of the Firearm
20Owners Identification Card Act, the Department must complete a
21background check of any person who applies for:
22        (1) a registration certificate for a firearm that was
23    lawfully owned or possessed on the effective date of this
24    Act, was brought into the State by a new resident, or was
25    acquired by operation of law upon the death of the former

 

 

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1    owner; or
2        (2) a renewal of a registration certificate unless,
3    within 12 months of the date the renewal application is
4    submitted, the applicant passed a background check
5    conducted by the Department in connection with the
6    applicant's acquisition of another firearm.
7    (b) The background check required by subsection (a) shall
8be equivalent in scope to the background check that is
9conducted upon transfer of a firearm under Sections 3 and 3.1
10of the Firearm Owners Identification Card Act.
11    (c) A registration certificate shall not be issued or
12renewed if the applicant is prohibited from purchasing or
13possessing a firearm under federal, State, or local law.
 
14    Section 35. Registration approval, denial, or revocation.
15    (a) After consideration of an application for a
16registration certificate or for renewal of a registration
17certificate and all information obtained relative to it, the
18Department shall either approve or deny the application and
19notify the applicant in writing of the decision, including the
20reason or reasons for denial, and the appeal procedures under
21Section 45.
22    (b) The Department may grant or renew a registration
23certificate only if the applicant is in compliance with this
24Act and all other applicable federal, State, and local laws
25relating to firearms and ammunition.

 

 

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1    (c) The Department shall deny the issuance or renewal of a
2registration certificate, or shall revoke an existing
3registration certificate:
4        (1) for failure to meet any of the requirements of this
5    Act, including the requirements for renewal under Section
6    55, or any other applicable federal, State, or local law
7    relating to firearms or ammunition;
8        (2) for fraud or misrepresentation in securing a
9    registration certificate;
10        (3) if the applicant is or becomes prohibited from
11    purchasing or possessing a firearm under federal, State, or
12    local law; or
13        (4) upon the occurrence of any event or circumstance
14    that would disqualify the registrant from being issued the
15    original registration certificate.
 
16    Section 40. Features and use of firearm registration
17certificates.
18    (a) If the application to register a firearm is approved,
19the Department shall issue to the registrant a registration
20certificate on a form prescribed by the Department for each
21firearm listed on the application. Each registration
22certificate must contain the date of the registration, a unique
23registration number, the registrant's name, residence address,
24date of birth, photograph, the make, model, manufacturer's
25name, caliber or gauge and serial number of the firearm, the

 

 

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1date the registration certificate expires, and any other
2personal information as may be required by the Department.
3    (b) The registration certificate shall not be transferable
4or assignable. The registration certificate shall be carried
5with the firearm if it is transported outside of the
6registrant's home. The registrant shall exhibit the
7registration certificate to any law enforcement officer upon
8request.
 
9    Section 45. Appeal procedure.
10    (a) If an application to register a firearm or to renew a
11registration certificate is denied, or if a registration
12certificate is revoked, the Department shall inform the
13applicant or registrant in writing of the reasons for the
14denial or revocation, and of the appeal procedures under this
15Section. The applicant may, within 30 days after receiving
16notice of the denial or revocation, file an appeal of the
17denial or revocation with the Department. The appeal must be
18made in writing, setting forth the specific grounds for the
19appeal.
20    (b) If the applicant or registrant submits a timely appeal,
21the Department shall hold a hearing to reconsider its decision.
22The Department shall provide a written decision regarding the
23appeal. The decision of the Department upon reconsideration
24shall be subject to judicial review.
25    (c) In the event that the decision to deny the application

 

 

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1or revoke the registration certificate is affirmed, the
2decision to deny the application or revoke the registration
3shall become final only after the time for judicial review of
4the decision upon reconsideration has expired.
 
5    Section 50. Surrender and removal of firearms upon denial
6or revocation of registration.
7    (a) When a decision to deny an application to register, to
8renew a registration certificate, or to revoke a registration
9certificate becomes final, the applicant or registrant must
10immediately surrender to the Department the firearm for which
11the applicant was denied registration or renewal or for which
12the registration certificate was revoked.
13    (b) If an applicant or registrant fails to surrender his or
14her firearm to the Department after the decision to deny an
15application to register, to renew or to revoke a registration
16certificate becomes final, the Department shall retrieve the
17firearm within 48 hours.
 
18    Section 55. Duration and renewal.
19    (a) Registration certificates shall expire automatically
20one year after the date of issuance. To apply for renewal of a
21registration certificate, the registrant shall complete an
22application for registration as described in Section 25.
23    (b) The Department shall mail renewal notices to each
24registrant at least 90 days prior to expiration of the

 

 

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1registration certificate. Applications for renewal shall be
2received by the Department 30 days prior to the expiration of
3the current registration certificate.
4    (c) The renewal process for all registrants shall include a
5background check, as provided in Section 30.
6    (d) The Department shall follow the procedures of Section
735 in approving or denying the application for renewal.
 
8    Section 60. Firearm registration records.
9    The Department shall retain an accurate record of each
10application for a registration certificate, received and acted
11upon, together with all other information pertaining to the
12application on all applications issued or denied under the
13provisions of this Act. The information shall be maintained in
14an accessible manner and available to all law enforcement
15agencies upon request.
 
16    Section 65. Reporting requirements for registrants.
17    A registrant shall report to the Department:
18    (1) Within 48 hours of the time he or she discovered or
19should have discovered any change in his or her status that
20would affect his or her eligibility to own or possess a firearm
21or registration certificate; and
22    (2) Within 14 days of the occurrence of:
23        (A) any change in the information appearing on the
24    registration certificate that would not affect his or her

 

 

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1    eligibility for the registration certificate; or
2        (B) the time he or she knew or should have known of the
3    loss, theft, or destruction of a registration certificate.
 
4    Section 70. Sentence.
5    (a) The following violations shall be a petty offense with
6a fine not to exceed $5,000:
7        (1) A new resident who brings a firearm into the State
8    and who fails to lawfully dispose of or apply to register
9    the firearm within 90 days of entering the State.
10        (2) A person who acquires a firearm by operation of law
11    upon the death of the former owner and who fails to
12    lawfully dispose of or apply to register the firearm within
13    90 days of acquiring the firearm.
14        (3) A person who owns or possesses a firearm in the
15    State on the effective date of this Act and fails to
16    lawfully dispose of or apply to register the firearm within
17    120 days of the effective date of this Act.
18    (b) A person who owns or possesses a firearm after his or
19her registration certificate for that firearm has been revoked
20is guilty of a Class 4 felony.
21    (c) Except as provided in subsections (a) and (b), any
22person who owns or possesses an unregistered firearm in the
23State that he or she did not own or possess on the effective
24date of this Act is guilty of a Class A misdemeanor.
25    (d) A person who knowingly enters false information on an

 

 

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1application to register a firearm, who knowingly gives a false
2answer to any question on the application, or who knowingly
3submits false evidence in connection with an application is
4guilty of a Class 2 felony.
5    (e) A person who acquires or possesses ammunition in
6violation of subsection (a) of Section 15 is guilty of a Class
7A misdemeanor.
8    (f) A person who transfers ammunition in violation of
9subsection (b) of Section 15 is guilty of a Class 4 felony.
10    (g) A firearm or ammunition owned or possessed in violation
11of this Act shall be subject to confiscation and forfeiture to
12the State.
 
13    Section 905. The Criminal Code of 2012 is amended by
14changing Section 24-3 as follows:
 
15    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
16    Sec. 24-3. Unlawful sale or delivery of firearms.
17    (A) A person commits the offense of unlawful sale or
18delivery of firearms when he or she knowingly does any of the
19following:
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

 

 

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1    than a traffic offense or adjudged delinquent.
2        (c) Sells or gives any firearm to any narcotic addict.
3        (d) Sells or gives any firearm to any person who has
4    been convicted of a felony under the laws of this or any
5    other jurisdiction.
6        (e) Sells or gives any firearm to any person who has
7    been a patient in a mental institution within the past 5
8    years. In this subsection (e):
9            "Mental institution" means any hospital,
10        institution, clinic, evaluation facility, mental
11        health center, or part thereof, which is used primarily
12        for the care or treatment of persons with mental
13        illness.
14            "Patient in a mental institution" means the person
15        was admitted, either voluntarily or involuntarily, to
16        a mental institution for mental health treatment,
17        unless the treatment was voluntary and solely for an
18        alcohol abuse disorder and no other secondary
19        substance abuse disorder or mental illness.
20        (f) Sells or gives any firearms to any person who is
21    intellectually disabled.
22        (g) Delivers any firearm of a size which may be
23    concealed upon the person, incidental to a sale, without
24    withholding delivery of such firearm for at least 72 hours
25    after application for its purchase has been made, or
26    delivers any rifle, shotgun or other long gun, or a stun

 

 

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1    gun or taser, incidental to a sale, without withholding
2    delivery of such rifle, shotgun or other long gun, or a
3    stun gun or taser for at least 24 hours after application
4    for its purchase has been made. However, this paragraph (g)
5    does not apply to: (1) the sale of a firearm to a law
6    enforcement officer if the seller of the firearm knows that
7    the person to whom he or she is selling the firearm is a
8    law enforcement officer or the sale of a firearm to a
9    person who desires to purchase a firearm for use in
10    promoting the public interest incident to his or her
11    employment as a bank guard, armed truck guard, or other
12    similar employment; (2) a mail order sale of a firearm to a
13    nonresident of Illinois under which the firearm is mailed
14    to a point outside the boundaries of Illinois; (3) the sale
15    of a firearm to a nonresident of Illinois while at a
16    firearm showing or display recognized by the Illinois
17    Department of State Police; or (4) the sale of a firearm to
18    a dealer licensed as a federal firearms dealer under
19    Section 923 of the federal Gun Control Act of 1968 (18
20    U.S.C. 923). For purposes of this paragraph (g),
21    "application" means when the buyer and seller reach an
22    agreement to purchase a firearm.
23        (h) While holding any license as a dealer, importer,
24    manufacturer or pawnbroker under the federal Gun Control
25    Act of 1968, manufactures, sells or delivers to any
26    unlicensed person a handgun having a barrel, slide, frame

 

 

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1    or receiver which is a die casting of zinc alloy or any
2    other nonhomogeneous metal which will melt or deform at a
3    temperature of less than 800 degrees Fahrenheit. For
4    purposes of this paragraph, (1) "firearm" is defined as in
5    the Firearm Owners Identification Card Act; and (2)
6    "handgun" is defined as a firearm designed to be held and
7    fired by the use of a single hand, and includes a
8    combination of parts from which such a firearm can be
9    assembled.
10        (i) Sells or gives a firearm of any size to any person
11    under 18 years of age who does not possess a valid Firearm
12    Owner's Identification Card.
13        (j) Sells or gives a firearm while engaged in the
14    business of selling firearms at wholesale or retail without
15    being licensed as a federal firearms dealer under Section
16    923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
17    In this paragraph (j):
18        A person "engaged in the business" means a person who
19    devotes time, attention, and labor to engaging in the
20    activity as a regular course of trade or business with the
21    principal objective of livelihood and profit, but does not
22    include a person who makes occasional repairs of firearms
23    or who occasionally fits special barrels, stocks, or
24    trigger mechanisms to firearms.
25        "With the principal objective of livelihood and
26    profit" means that the intent underlying the sale or

 

 

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1    disposition of firearms is predominantly one of obtaining
2    livelihood and pecuniary gain, as opposed to other intents,
3    such as improving or liquidating a personal firearms
4    collection; however, proof of profit shall not be required
5    as to a person who engages in the regular and repetitive
6    purchase and disposition of firearms for criminal purposes
7    or terrorism.
8        (k) Sells or transfers ownership of a firearm to a
9    person who does not display to the seller or transferor of
10    the firearm a currently valid Firearm Owner's
11    Identification Card that has previously been issued in the
12    transferee's name by the Department of State Police under
13    the provisions of the Firearm Owners Identification Card
14    Act. This paragraph (k) does not apply to the transfer of a
15    firearm to a person who is exempt from the requirement of
16    possessing a Firearm Owner's Identification Card under
17    Section 2 of the Firearm Owners Identification Card Act.
18    For the purposes of this Section, a currently valid Firearm
19    Owner's Identification Card means (i) a Firearm Owner's
20    Identification Card that has not expired or (ii) an
21    approval number issued in accordance with subsection
22    (a-10) of subsection 3 or Section 3.1 of the Firearm Owners
23    Identification Card Act shall be proof that the Firearm
24    Owner's Identification Card was valid.
25            (1) In addition to the other requirements of this
26        paragraph (k), all persons who are not federally

 

 

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1        licensed firearms dealers must also have complied with
2        subsection (a-10) of Section 3 of the Firearm Owners
3        Identification Card Act by determining the validity of
4        a purchaser's Firearm Owner's Identification Card.
5            (2) All sellers or transferors who have complied
6        with the requirements of subparagraph (1) of this
7        paragraph (k) shall not be liable for damages in any
8        civil action arising from the use or misuse by the
9        transferee of the firearm transferred, except for
10        willful or wanton misconduct on the part of the seller
11        or transferor.
12        (l) Not being entitled to the possession of a firearm,
13    delivers the firearm, knowing it to have been stolen or
14    converted. It may be inferred that a person who possesses a
15    firearm with knowledge that its serial number has been
16    removed or altered has knowledge that the firearm is stolen
17    or converted.
18        (m) Sells or transfers ownership of a firearm to
19    another person without complying with the registration
20    requirement of Section 10 of the Firearms Registration Act.
21    This paragraph (m) does not apply when the transferee is
22    one of the persons listed in Section 20 of the Firearms
23    Registration Act.
24    (B) Paragraph (h) of subsection (A) does not include
25firearms sold within 6 months after enactment of Public Act
2678-355 (approved August 21, 1973, effective October 1, 1973),

 

 

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1nor is any firearm legally owned or possessed by any citizen or
2purchased by any citizen within 6 months after the enactment of
3Public Act 78-355 subject to confiscation or seizure under the
4provisions of that Public Act. Nothing in Public Act 78-355
5shall be construed to prohibit the gift or trade of any firearm
6if that firearm was legally held or acquired within 6 months
7after the enactment of that Public Act.
8    (C) Sentence.
9        (1) Any person convicted of unlawful sale or delivery
10    of firearms in violation of paragraph (c), (e), (f), (g),
11    or (h) of subsection (A) commits a Class 4 felony.
12        (2) Any person convicted of unlawful sale or delivery
13    of firearms in violation of paragraph (b) or (i) of
14    subsection (A) commits a Class 3 felony.
15        (3) Any person convicted of unlawful sale or delivery
16    of firearms in violation of paragraph (a) or (m) of
17    subsection (A) commits a Class 2 felony.
18        (4) Any person convicted of unlawful sale or delivery
19    of firearms in violation of paragraph (a), (b), or (i) of
20    subsection (A) in any school, on the real property
21    comprising a school, within 1,000 feet of the real property
22    comprising a school, at a school related activity, or on or
23    within 1,000 feet of any conveyance owned, leased, or
24    contracted by a school or school district to transport
25    students to or from school or a school related activity,
26    regardless of the time of day or time of year at which the

 

 

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

 

 

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1    operated, or managed by a public housing agency or leased
2    by a public housing agency as part of a scattered site or
3    mixed-income development commits a Class 2 felony.
4        (6) Any person convicted of unlawful sale or delivery
5    of firearms in violation of paragraph (j) of subsection (A)
6    commits a Class A misdemeanor. A second or subsequent
7    violation is a Class 4 felony.
8        (7) Any person convicted of unlawful sale or delivery
9    of firearms in violation of paragraph (k) of subsection (A)
10    commits a Class 4 felony, except that a violation of
11    subparagraph (1) of paragraph (k) of subsection (A) shall
12    not be punishable as a crime or petty offense. A third or
13    subsequent conviction for a violation of paragraph (k) of
14    subsection (A) is a Class 1 felony.
15        (8) A person 18 years of age or older convicted of
16    unlawful sale or delivery of firearms in violation of
17    paragraph (a) or (i) of subsection (A), when the firearm
18    that was sold or given to another person under 18 years of
19    age was used in the commission of or attempt to commit a
20    forcible felony, shall be fined or imprisoned, or both, not
21    to exceed the maximum provided for the most serious
22    forcible felony so committed or attempted by the person
23    under 18 years of age who was sold or given the firearm.
24        (9) Any person convicted of unlawful sale or delivery
25    of firearms in violation of paragraph (d) of subsection (A)
26    commits a Class 3 felony.

 

 

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1        (10) Any person convicted of unlawful sale or delivery
2    of firearms in violation of paragraph (l) of subsection (A)
3    commits a Class 2 felony if the delivery is of one firearm.
4    Any person convicted of unlawful sale or delivery of
5    firearms in violation of paragraph (l) of subsection (A)
6    commits a Class 1 felony if the delivery is of not less
7    than 2 and not more than 5 firearms at the same time or
8    within a one year period. Any person convicted of unlawful
9    sale or delivery of firearms in violation of paragraph (l)
10    of subsection (A) commits a Class X felony for which he or
11    she shall be sentenced to a term of imprisonment of not
12    less than 6 years and not more than 30 years if the
13    delivery is of not less than 6 and not more than 10
14    firearms at the same time or within a 2 year period. Any
15    person convicted of unlawful sale or delivery of firearms
16    in violation of paragraph (l) of subsection (A) commits a
17    Class X felony for which he or she shall be sentenced to a
18    term of imprisonment of not less than 6 years and not more
19    than 40 years if the delivery is of not less than 11 and
20    not more than 20 firearms at the same time or within a 3
21    year period. Any person convicted of unlawful sale or
22    delivery of firearms in violation of paragraph (l) of
23    subsection (A) commits a Class X felony for which he or she
24    shall be sentenced to a term of imprisonment of not less
25    than 6 years and not more than 50 years if the delivery is
26    of not less than 21 and not more than 30 firearms at the

 

 

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1    same time or within a 4 year period. Any person convicted
2    of unlawful sale or delivery of firearms in violation of
3    paragraph (l) of subsection (A) commits a Class X felony
4    for which he or she shall be sentenced to a term of
5    imprisonment of not less than 6 years and not more than 60
6    years if the delivery is of 31 or more firearms at the same
7    time or within a 5 year period.
8    (D) For purposes of this Section:
9    "School" means a public or private elementary or secondary
10school, community college, college, or university.
11    "School related activity" means any sporting, social,
12academic, or other activity for which students' attendance or
13participation is sponsored, organized, or funded in whole or in
14part by a school or school district.
15    (E) A prosecution for a violation of paragraph (k) of
16subsection (A) of this Section may be commenced within 6 years
17after the commission of the offense. A prosecution for a
18violation of this Section other than paragraph (g) of
19subsection (A) of this Section may be commenced within 5 years
20after the commission of the offense defined in the particular
21paragraph.
22(Source: P.A. 97-227, eff. 1-1-12; 97-347, eff. 1-1-12; 97-813,
23eff. 7-13-12; 97-1167, eff. 6-1-13; 98-508, eff. 8-19-13.)