Illinois General Assembly - Full Text of HB1891
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB1891  102nd General Assembly

HB1891 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1891

 

Introduced 2/17/2021, by Rep. Amy Elik and Andrew S. Chesney

 

SYNOPSIS AS INTRODUCED:
 
520 ILCS 5/2.33  from Ch. 61, par. 2.33
720 ILCS 5/24-1  from Ch. 38, par. 24-1
720 ILCS 5/24-3  from Ch. 38, par. 24-3

    Amends the Wildlife Code. Removes the prohibition on the use of a silencer or other device to muffle or mute the sound of the explosion or report resulting from the firing of any gun. Amends the Criminal Code of 2012. Provides that a person commits the offense of unlawful use of weapons when the person knowingly uses, attaches, or possesses with the intent to use or attach any device or attachment of any kind for silencing the report of any handgun, unless the use, attachment, or possession with the intent to use the device or attachment is on the premises of a firing or shooting range; or possesses any device or attachment of any kind designed, used, or intended for use in silencing the report of any other firearm if the device or attachment is not possessed in compliance with the National Firearms Act (rather than a person commits the offense of unlawful use of weapons when the person possesses any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm). Provides that a person commits the offense of unlawful sale or delivery of firearms when he or she knowingly transfers or gives a suppressor or silencer to a person not authorized to possess the suppressor or silencer under federal law. Provides that a violation of this provision is a Class 3 felony. Effective immediately.


LRB102 11927 KMF 17263 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1891LRB102 11927 KMF 17263 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 Wildlife Code is amended by changing
5Section 2.33 as follows:
 
6    (520 ILCS 5/2.33)  (from Ch. 61, par. 2.33)
7    Sec. 2.33. Prohibitions.
8    (a) It is unlawful to carry or possess any gun in any State
9refuge unless otherwise permitted by administrative rule.
10    (b) It is unlawful to use or possess any snare or
11snare-like device, deadfall, net, or pit trap to take any
12species, except that snares not powered by springs or other
13mechanical devices may be used to trap fur-bearing mammals, in
14water sets only, if at least one-half of the snare noose is
15located underwater at all times.
16    (c) It is unlawful for any person at any time to take a
17wild mammal protected by this Act from its den by means of any
18mechanical device, spade, or digging device or to use smoke or
19other gases to dislodge or remove such mammal except as
20provided in Section 2.37.
21    (d) It is unlawful to use a ferret or any other small
22mammal which is used in the same or similar manner for which
23ferrets are used for the purpose of frightening or driving any

 

 

HB1891- 2 -LRB102 11927 KMF 17263 b

1mammals from their dens or hiding places.
2    (e) (Blank).
3    (f) It is unlawful to use spears, gigs, hooks or any like
4device to take any species protected by this Act.
5    (g) It is unlawful to use poisons, chemicals or explosives
6for the purpose of taking any species protected by this Act.
7    (h) It is unlawful to hunt adjacent to or near any peat,
8grass, brush or other inflammable substance when it is
9burning.
10    (i) It is unlawful to take, pursue or intentionally harass
11or disturb in any manner any wild birds or mammals by use or
12aid of any vehicle or conveyance, except as permitted by the
13Code of Federal Regulations for the taking of waterfowl. It is
14also unlawful to use the lights of any vehicle or conveyance or
15any light from or any light connected to the vehicle or
16conveyance in any area where wildlife may be found except in
17accordance with Section 2.37 of this Act; however, nothing in
18this Section shall prohibit the normal use of headlamps for
19the purpose of driving upon a roadway. Striped skunk, opossum,
20red fox, gray fox, raccoon, bobcat, and coyote may be taken
21during the open season by use of a small light which is worn on
22the body or hand-held by a person on foot and not in any
23vehicle.
24    (j) It is unlawful to use any shotgun larger than 10 gauge
25while taking or attempting to take any of the species
26protected by this Act.

 

 

HB1891- 3 -LRB102 11927 KMF 17263 b

1    (k) It is unlawful to use or possess in the field any
2shotgun shell loaded with a shot size larger than lead BB or
3steel T (.20 diameter) when taking or attempting to take any
4species of wild game mammals (excluding white-tailed deer),
5wild game birds, migratory waterfowl or migratory game birds
6protected by this Act, except white-tailed deer as provided
7for in Section 2.26 and other species as provided for by
8subsection (l) or administrative rule.
9    (l) It is unlawful to take any species of wild game, except
10white-tailed deer and fur-bearing mammals, with a shotgun
11loaded with slugs unless otherwise provided for by
12administrative rule.
13    (m) It is unlawful to use any shotgun capable of holding
14more than 3 shells in the magazine or chamber combined, except
15on game breeding and hunting preserve areas licensed under
16Section 3.27 and except as permitted by the Code of Federal
17Regulations for the taking of waterfowl. If the shotgun is
18capable of holding more than 3 shells, it shall, while being
19used on an area other than a game breeding and shooting
20preserve area licensed pursuant to Section 3.27, be fitted
21with a one piece plug that is irremovable without dismantling
22the shotgun or otherwise altered to render it incapable of
23holding more than 3 shells in the magazine and chamber,
24combined.
25    (n) It is unlawful for any person, except persons who
26possess a permit to hunt from a vehicle as provided in this

 

 

HB1891- 4 -LRB102 11927 KMF 17263 b

1Section and persons otherwise permitted by law, to have or
2carry any gun in or on any vehicle, conveyance or aircraft,
3unless such gun is unloaded and enclosed in a case, except that
4at field trials authorized by Section 2.34 of this Act,
5unloaded guns or guns loaded with blank cartridges only, may
6be carried on horseback while not contained in a case, or to
7have or carry any bow or arrow device in or on any vehicle
8unless such bow or arrow device is unstrung or enclosed in a
9case, or otherwise made inoperable.
10    (o) (Blank).
11    (p) It is unlawful to take game birds, migratory game
12birds or migratory waterfowl with a rifle, pistol, revolver or
13airgun.
14    (q) It is unlawful to fire a rifle, pistol, revolver or
15airgun on, over or into any waters of this State, including
16frozen waters.
17    (r) It is unlawful to discharge any gun or bow and arrow
18device along, upon, across, or from any public right-of-way or
19highway in this State.
20    (s) (Blank). It is unlawful to use a silencer or other
21device to muffle or mute the sound of the explosion or report
22resulting from the firing of any gun.
23    (t) It is unlawful for any person to take or attempt to
24take any species of wildlife or parts thereof, intentionally
25or wantonly allow a dog to hunt, within or upon the land of
26another, or upon waters flowing over or standing on the land of

 

 

HB1891- 5 -LRB102 11927 KMF 17263 b

1another, or to knowingly shoot a gun or bow and arrow device at
2any wildlife physically on or flying over the property of
3another without first obtaining permission from the owner or
4the owner's designee. For the purposes of this Section, the
5owner's designee means anyone who the owner designates in a
6written authorization and the authorization must contain (i)
7the legal or common description of property for such authority
8is given, (ii) the extent that the owner's designee is
9authorized to make decisions regarding who is allowed to take
10or attempt to take any species of wildlife or parts thereof,
11and (iii) the owner's notarized signature. Before enforcing
12this Section the law enforcement officer must have received
13notice from the owner or the owner's designee of a violation of
14this Section. Statements made to the law enforcement officer
15regarding this notice shall not be rendered inadmissible by
16the hearsay rule when offered for the purpose of showing the
17required notice.
18    (u) It is unlawful for any person to discharge any firearm
19for the purpose of taking any of the species protected by this
20Act, or hunt with gun or dog, or intentionally or wantonly
21allow a dog to hunt, within 300 yards of an inhabited dwelling
22without first obtaining permission from the owner or tenant,
23except that while trapping, hunting with bow and arrow,
24hunting with dog and shotgun using shot shells only, or
25hunting with shotgun using shot shells only, or providing
26outfitting services under a waterfowl outfitter permit, or on

 

 

HB1891- 6 -LRB102 11927 KMF 17263 b

1licensed game breeding and hunting preserve areas, as defined
2in Section 3.27, on federally owned and managed lands and on
3Department owned, managed, leased, or controlled lands, a 100
4yard restriction shall apply.
5    (v) It is unlawful for any person to remove fur-bearing
6mammals from, or to move or disturb in any manner, the traps
7owned by another person without written authorization of the
8owner to do so.
9    (w) It is unlawful for any owner of a dog to knowingly or
10wantonly allow his or her dog to pursue, harass or kill deer,
11except that nothing in this Section shall prohibit the
12tracking of wounded deer with a dog in accordance with the
13provisions of Section 2.26 of this Code.
14    (x) It is unlawful for any person to wantonly or
15carelessly injure or destroy, in any manner whatsoever, any
16real or personal property on the land of another while engaged
17in hunting or trapping thereon.
18    (y) It is unlawful to hunt wild game protected by this Act
19between one half hour after sunset and one half hour before
20sunrise, except that hunting hours between one half hour after
21sunset and one half hour before sunrise may be established by
22administrative rule for fur-bearing mammals.
23    (z) It is unlawful to take any game bird (excluding wild
24turkeys and crippled pheasants not capable of normal flight
25and otherwise irretrievable) protected by this Act when not
26flying. Nothing in this Section shall prohibit a person from

 

 

HB1891- 7 -LRB102 11927 KMF 17263 b

1carrying an uncased, unloaded shotgun in a boat, while in
2pursuit of a crippled migratory waterfowl that is incapable of
3normal flight, for the purpose of attempting to reduce the
4migratory waterfowl to possession, provided that the attempt
5is made immediately upon downing the migratory waterfowl and
6is done within 400 yards of the blind from which the migratory
7waterfowl was downed. This exception shall apply only to
8migratory game birds that are not capable of normal flight.
9Migratory waterfowl that are crippled may be taken only with a
10shotgun as regulated by subsection (j) of this Section using
11shotgun shells as regulated in subsection (k) of this Section.
12    (aa) It is unlawful to use or possess any device that may
13be used for tree climbing or cutting, while hunting
14fur-bearing mammals, excluding coyotes.
15    (bb) It is unlawful for any person, except licensed game
16breeders, pursuant to Section 2.29 to import, carry into, or
17possess alive in this State any species of wildlife taken
18outside of this State, without obtaining permission to do so
19from the Director.
20    (cc) It is unlawful for any person to have in his or her
21possession any freshly killed species protected by this Act
22during the season closed for taking.
23    (dd) It is unlawful to take any species protected by this
24Act and retain it alive except as provided by administrative
25rule.
26    (ee) It is unlawful to possess any rifle while in the field

 

 

HB1891- 8 -LRB102 11927 KMF 17263 b

1during gun deer season except as provided in Section 2.26 and
2administrative rules.
3    (ff) It is unlawful for any person to take any species
4protected by this Act, except migratory waterfowl, during the
5gun deer hunting season in those counties open to gun deer
6hunting, unless he or she wears, when in the field, a cap and
7upper outer garment of a solid blaze orange color or solid
8blaze pink color, with such articles of clothing displaying a
9minimum of 400 square inches of blaze orange or solid blaze
10pink color material.
11    (gg) It is unlawful during the upland game season for any
12person to take upland game with a firearm unless he or she
13wears, while in the field, a cap of solid blaze orange color or
14solid blaze pink color. For purposes of this Act, upland game
15is defined as Bobwhite Quail, Hungarian Partridge, Ring-necked
16Pheasant, Eastern Cottontail and Swamp Rabbit.
17    (hh) It shall be unlawful to kill or cripple any species
18protected by this Act for which there is a bag limit without
19making a reasonable effort to retrieve such species and
20include such in the bag limit. It shall be unlawful for any
21person having control over harvested game mammals, game birds,
22or migratory game birds for which there is a bag limit to
23wantonly waste or destroy the usable meat of the game, except
24this shall not apply to wildlife taken under Sections 2.37 or
253.22 of this Code. For purposes of this subsection, "usable
26meat" means the breast meat of a game bird or migratory game

 

 

HB1891- 9 -LRB102 11927 KMF 17263 b

1bird and the hind ham and front shoulders of a game mammal. It
2shall be unlawful for any person to place, leave, dump, or
3abandon a wildlife carcass or parts of it along or upon a
4public right-of-way or highway or on public or private
5property, including a waterway or stream, without the
6permission of the owner or tenant. It shall not be unlawful to
7discard game meat that is determined to be unfit for human
8consumption.
9    (ii) This Section shall apply only to those species
10protected by this Act taken within the State. Any species or
11any parts thereof, legally taken in and transported from other
12states or countries, may be possessed within the State, except
13as provided in this Section and Sections 2.35, 2.36 and 3.21.
14    (jj) (Blank).
15    (kk) Nothing contained in this Section shall prohibit the
16Director from issuing permits to paraplegics or to other
17persons with disabilities who meet the requirements set forth
18in administrative rule to shoot or hunt from a vehicle as
19provided by that rule, provided that such is otherwise in
20accord with this Act.
21    (ll) Nothing contained in this Act shall prohibit the
22taking of aquatic life protected by the Fish and Aquatic Life
23Code or birds and mammals protected by this Act, except deer
24and fur-bearing mammals, from a boat not camouflaged or
25disguised to alter its identity or to further provide a place
26of concealment and not propelled by sail or mechanical power.

 

 

HB1891- 10 -LRB102 11927 KMF 17263 b

1However, only shotguns not larger than 10 gauge nor smaller
2than .410 bore loaded with not more than 3 shells of a shot
3size no larger than lead BB or steel T (.20 diameter) may be
4used to take species protected by this Act.
5    (mm) Nothing contained in this Act shall prohibit the use
6of a shotgun, not larger than 10 gauge nor smaller than a 20
7gauge, with a rifled barrel.
8    (nn) It shall be unlawful to possess any species of
9wildlife or wildlife parts taken unlawfully in Illinois, any
10other state, or any other country, whether or not the wildlife
11or wildlife parts is indigenous to Illinois. For the purposes
12of this subsection, the statute of limitations for unlawful
13possession of wildlife or wildlife parts shall not cease until
142 years after the possession has permanently ended.
15(Source: P.A. 99-33, eff. 1-1-16; 99-143, eff. 7-27-15;
1699-642, eff. 7-28-16; 100-489, eff. 9-8-17; 100-949, eff.
171-1-19.)
 
18    Section 10. The Criminal Code of 2012 is amended by
19changing Sections 24-1 and 24-3 as follows:
 
20    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
21    Sec. 24-1. Unlawful use of weapons.
22    (a) A person commits the offense of unlawful use of
23weapons when he knowingly:
24        (1) Sells, manufactures, purchases, possesses or

 

 

HB1891- 11 -LRB102 11927 KMF 17263 b

1    carries any bludgeon, black-jack, slung-shot, sand-club,
2    sand-bag, metal knuckles or other knuckle weapon
3    regardless of its composition, throwing star, or any
4    knife, commonly referred to as a switchblade knife, which
5    has a blade that opens automatically by hand pressure
6    applied to a button, spring or other device in the handle
7    of the knife, or a ballistic knife, which is a device that
8    propels a knifelike blade as a projectile by means of a
9    coil spring, elastic material or compressed gas; or
10        (2) Carries or possesses with intent to use the same
11    unlawfully against another, a dagger, dirk, billy,
12    dangerous knife, razor, stiletto, broken bottle or other
13    piece of glass, stun gun or taser or any other dangerous or
14    deadly weapon or instrument of like character; or
15        (2.5) Carries or possesses with intent to use the same
16    unlawfully against another, any firearm in a church,
17    synagogue, mosque, or other building, structure, or place
18    used for religious worship; or
19        (3) Carries on or about his person or in any vehicle, a
20    tear gas gun projector or bomb or any object containing
21    noxious liquid gas or substance, other than an object
22    containing a non-lethal noxious liquid gas or substance
23    designed solely for personal defense carried by a person
24    18 years of age or older; or
25        (4) Carries or possesses in any vehicle or concealed
26    on or about his person except when on his land or in his

 

 

HB1891- 12 -LRB102 11927 KMF 17263 b

1    own abode, legal dwelling, or fixed place of business, or
2    on the land or in the legal dwelling of another person as
3    an invitee with that person's permission, any pistol,
4    revolver, stun gun or taser or other firearm, except that
5    this subsection (a) (4) does not apply to or affect
6    transportation of weapons that meet one of the following
7    conditions:
8            (i) are broken down in a non-functioning state; or
9            (ii) are not immediately accessible; or
10            (iii) are unloaded and enclosed in a case, firearm
11        carrying box, shipping box, or other container by a
12        person who has been issued a currently valid Firearm
13        Owner's Identification Card; or
14            (iv) are carried or possessed in accordance with
15        the Firearm Concealed Carry Act by a person who has
16        been issued a currently valid license under the
17        Firearm Concealed Carry Act; or
18        (5) Sets a spring gun; or
19        (6) Uses, attaches, or possesses with the intent to
20    use or attach Possesses any device or attachment of any
21    kind for designed, used or intended for use in silencing
22    the report of any handgun, unless the use, attachment, or
23    possession with the intent to use the device or attachment
24    is on the premises of a firing or shooting range; or
25    possesses any device or attachment of any kind designed,
26    used, or intended for use in silencing the report of any

 

 

HB1891- 13 -LRB102 11927 KMF 17263 b

1    other firearm if the device or attachment is not possessed
2    in compliance with the National Firearms Act 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
18        than 16 inches in length or a shotgun having one or
19        more barrels less than 18 inches in length or any
20        weapon made from a rifle or shotgun, whether by
21        alteration, modification, or otherwise, if such a
22        weapon as modified has an overall length of less than
23        26 inches; 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

 

 

HB1891- 14 -LRB102 11927 KMF 17263 b

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

 

 

HB1891- 15 -LRB102 11927 KMF 17263 b

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

 

 

HB1891- 16 -LRB102 11927 KMF 17263 b

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

 

 

HB1891- 17 -LRB102 11927 KMF 17263 b

1a person convicted of a violation of subsection 24-1(a)(6) or
224-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
3convicted of a violation of subsection 24-1(a)(7)(i) commits a
4Class 2 felony and shall be sentenced to a term of imprisonment
5of not less than 3 years and not more than 7 years, unless the
6weapon is possessed in the passenger compartment of a motor
7vehicle as defined in Section 1-146 of the Illinois Vehicle
8Code, or on the person, while the weapon is loaded, in which
9case it shall be a Class X felony. A person convicted of a
10second or subsequent violation of subsection 24-1(a)(4),
1124-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
12felony. A person convicted of a violation of subsection
1324-1(a)(2.5) commits a Class 2 felony. The possession of each
14weapon in violation of this Section constitutes a single and
15separate violation.
16    (c) Violations in specific places.
17        (1) A person who violates subsection 24-1(a)(6) or
18    24-1(a)(7) in any school, regardless of the time of day or
19    the time of year, in residential property owned, operated
20    or managed by a public housing agency or leased by a public
21    housing agency as part of a scattered site or mixed-income
22    development, in a public park, in a courthouse, on the
23    real property comprising any school, regardless of the
24    time of day or the time of year, on residential property
25    owned, operated or managed by a public housing agency or
26    leased by a public housing agency as part of a scattered

 

 

HB1891- 18 -LRB102 11927 KMF 17263 b

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

 

 

HB1891- 19 -LRB102 11927 KMF 17263 b

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

 

 

HB1891- 20 -LRB102 11927 KMF 17263 b

1    in any conveyance owned, leased, or contracted by a public
2    transportation agency, or on any public way within 1,000
3    feet of the real property comprising any school, public
4    park, courthouse, public transportation facility, or
5    residential property owned, operated, or managed by a
6    public housing agency or leased by a public housing agency
7    as part of a scattered site or mixed-income development
8    commits a Class 4 felony. "Courthouse" means any building
9    that is used by the Circuit, Appellate, or Supreme Court
10    of this State for the conduct of official business.
11        (3) Paragraphs (1), (1.5), and (2) of this subsection
12    (c) shall not apply to law enforcement officers or
13    security officers of such school, college, or university
14    or to students carrying or possessing firearms for use in
15    training courses, parades, hunting, target shooting on
16    school ranges, or otherwise with the consent of school
17    authorities and which firearms are transported unloaded
18    enclosed in a suitable case, box, or transportation
19    package.
20        (4) For the purposes of this subsection (c), "school"
21    means any public or private elementary or secondary
22    school, community college, college, or university.
23        (5) For the purposes of this subsection (c), "public
24    transportation agency" means a public or private agency
25    that provides for the transportation or conveyance of
26    persons by means available to the general public, except

 

 

HB1891- 21 -LRB102 11927 KMF 17263 b

1    for transportation by automobiles not used for conveyance
2    of the general public as passengers; and "public
3    transportation facility" means a terminal or other place
4    where one may obtain public transportation.
5    (d) The presence in an automobile other than a public
6omnibus of any weapon, instrument or substance referred to in
7subsection (a)(7) is prima facie evidence that it is in the
8possession of, and is being carried by, all persons occupying
9such automobile at the time such weapon, instrument or
10substance is found, except under the following circumstances:
11(i) if such weapon, instrument or instrumentality is found
12upon the person of one of the occupants therein; or (ii) if
13such weapon, instrument or substance is found in an automobile
14operated for hire by a duly licensed driver in the due, lawful
15and proper pursuit of his or her trade, then such presumption
16shall not apply to the driver.
17    (e) Exemptions.
18        (1) Crossbows, Common or Compound bows and Underwater
19    Spearguns are exempted from the definition of ballistic
20    knife as defined in paragraph (1) of subsection (a) of
21    this Section.
22        (2) The provision of paragraph (1) of subsection (a)
23    of this Section prohibiting the sale, manufacture,
24    purchase, possession, or carrying of any knife, commonly
25    referred to as a switchblade knife, which has a blade that
26    opens automatically by hand pressure applied to a button,

 

 

HB1891- 22 -LRB102 11927 KMF 17263 b

1    spring or other device in the handle of the knife, does not
2    apply to a person who possesses a currently valid Firearm
3    Owner's Identification Card previously issued in his or
4    her name by the Department of State Police or to a person
5    or an entity engaged in the business of selling or
6    manufacturing switchblade knives.
7(Source: P.A. 100-82, eff. 8-11-17; 101-223, eff. 1-1-20.)
 
8    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
9    Sec. 24-3. Unlawful sale or delivery of firearms.
10    (A) A person commits the offense of unlawful sale or
11delivery of firearms when he or she knowingly does any of the
12following:
13        (a) Sells or gives any firearm of a size which may be
14    concealed upon the person to any person under 18 years of
15    age.
16        (b) Sells or gives any firearm to a person under 21
17    years of age who has been convicted of a misdemeanor other
18    than a traffic offense or adjudged delinquent.
19        (c) Sells or gives any firearm to any narcotic addict.
20        (d) Sells or gives any firearm to any person who has
21    been convicted of a felony under the laws of this or any
22    other jurisdiction.
23        (e) Sells or gives any firearm to any person who has
24    been a patient in a mental institution within the past 5
25    years. In this subsection (e):

 

 

HB1891- 23 -LRB102 11927 KMF 17263 b

1            "Mental institution" means any hospital,
2        institution, clinic, evaluation facility, mental
3        health center, or part thereof, which is used
4        primarily for the care or treatment of persons with
5        mental illness.
6            "Patient in a mental institution" means the person
7        was admitted, either voluntarily or involuntarily, to
8        a mental institution for mental health treatment,
9        unless the treatment was voluntary and solely for an
10        alcohol abuse disorder and no other secondary
11        substance abuse disorder or mental illness.
12        (f) Sells or gives any firearms to any person who is a
13    person with an intellectual disability.
14        (g) Delivers any firearm, incidental to a sale,
15    without withholding delivery of the firearm for at least
16    72 hours after application for its purchase has been made,
17    or delivers a stun gun or taser, incidental to a sale,
18    without withholding delivery of the stun gun or taser for
19    at least 24 hours after application for its purchase has
20    been made. However, this paragraph (g) does not apply to:
21    (1) the sale of a firearm to a law enforcement officer if
22    the seller of the firearm knows that the person to whom he
23    or she is selling the firearm is a law enforcement officer
24    or the sale of a firearm to a person who desires to
25    purchase a firearm for use in promoting the public
26    interest incident to his or her employment as a bank

 

 

HB1891- 24 -LRB102 11927 KMF 17263 b

1    guard, armed truck guard, or other similar employment; (2)
2    a mail order sale of a firearm from a federally licensed
3    firearms dealer to a nonresident of Illinois under which
4    the firearm is mailed to a federally licensed firearms
5    dealer outside the boundaries of Illinois; (3) (blank);
6    (4) the sale of a firearm to a dealer licensed as a federal
7    firearms dealer under Section 923 of the federal Gun
8    Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or
9    sale of any rifle, shotgun, or other long gun to a resident
10    registered competitor or attendee or non-resident
11    registered competitor or attendee by any dealer licensed
12    as a federal firearms dealer under Section 923 of the
13    federal Gun Control Act of 1968 at competitive shooting
14    events held at the World Shooting Complex sanctioned by a
15    national governing body. For purposes of transfers or
16    sales under subparagraph (5) of this paragraph (g), the
17    Department of Natural Resources shall give notice to the
18    Department of State Police at least 30 calendar days prior
19    to any competitive shooting events at the World Shooting
20    Complex sanctioned by a national governing body. The
21    notification shall be made on a form prescribed by the
22    Department of State Police. The sanctioning body shall
23    provide a list of all registered competitors and attendees
24    at least 24 hours before the events to the Department of
25    State Police. Any changes to the list of registered
26    competitors and attendees shall be forwarded to the

 

 

HB1891- 25 -LRB102 11927 KMF 17263 b

1    Department of State Police as soon as practicable. The
2    Department of State Police must destroy the list of
3    registered competitors and attendees no later than 30 days
4    after the date of the event. Nothing in this paragraph (g)
5    relieves a federally licensed firearm dealer from the
6    requirements of conducting a NICS background check through
7    the Illinois Point of Contact under 18 U.S.C. 922(t). For
8    purposes of this paragraph (g), "application" means when
9    the buyer and seller reach an agreement to purchase a
10    firearm. For purposes of this paragraph (g), "national
11    governing body" means a group of persons who adopt rules
12    and formulate policy on behalf of a national firearm
13    sporting organization.
14        (h) While holding any license as a dealer, importer,
15    manufacturer or pawnbroker under the federal Gun Control
16    Act of 1968, manufactures, sells or delivers to any
17    unlicensed person a handgun having a barrel, slide, frame
18    or receiver which is a die casting of zinc alloy or any
19    other nonhomogeneous metal which will melt or deform at a
20    temperature of less than 800 degrees Fahrenheit. For
21    purposes of this paragraph, (1) "firearm" is defined as in
22    the Firearm Owners Identification Card Act; and (2)
23    "handgun" is defined as a firearm designed to be held and
24    fired by the use of a single hand, and includes a
25    combination of parts from which such a firearm can be
26    assembled.

 

 

HB1891- 26 -LRB102 11927 KMF 17263 b

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

 

 

HB1891- 27 -LRB102 11927 KMF 17263 b

1    the firearm either: (1) a currently valid Firearm Owner's
2    Identification Card that has previously been issued in the
3    transferee's name by the Department of State Police under
4    the provisions of the Firearm Owners Identification Card
5    Act; or (2) a currently valid license to carry a concealed
6    firearm that has previously been issued in the
7    transferee's name by the Department of State Police under
8    the Firearm Concealed Carry Act. This paragraph (k) does
9    not apply to the transfer of a firearm to a person who is
10    exempt from the requirement of possessing a Firearm
11    Owner's Identification Card under Section 2 of the Firearm
12    Owners Identification Card Act. For the purposes of this
13    Section, a currently valid Firearm Owner's Identification
14    Card means (i) a Firearm Owner's Identification Card that
15    has not expired or (ii) an approval number issued in
16    accordance with subsection (a-10) of subsection 3 or
17    Section 3.1 of the Firearm Owners Identification Card Act
18    shall be proof that the Firearm Owner's Identification
19    Card was valid.
20            (1) In addition to the other requirements of this
21        paragraph (k), all persons who are not federally
22        licensed firearms dealers must also have complied with
23        subsection (a-10) of Section 3 of the Firearm Owners
24        Identification Card Act by determining the validity of
25        a purchaser's Firearm Owner's Identification Card.
26            (2) All sellers or transferors who have complied

 

 

HB1891- 28 -LRB102 11927 KMF 17263 b

1        with the requirements of subparagraph (1) of this
2        paragraph (k) shall not be liable for damages in any
3        civil action arising from the use or misuse by the
4        transferee of the firearm transferred, except for
5        willful or wanton misconduct on the part of the seller
6        or transferor.
7        (l) Not being entitled to the possession of a firearm,
8    delivers the firearm, knowing it to have been stolen or
9    converted. It may be inferred that a person who possesses
10    a firearm with knowledge that its serial number has been
11    removed or altered has knowledge that the firearm is
12    stolen or converted.
13        (m) Transfers or gives a suppressor or silencer to a
14    person not authorized to possess the suppressor or
15    silencer under federal law.
16    (B) Paragraph (h) of subsection (A) does not include
17firearms sold within 6 months after enactment of Public Act
1878-355 (approved August 21, 1973, effective October 1, 1973),
19nor is any firearm legally owned or possessed by any citizen or
20purchased by any citizen within 6 months after the enactment
21of Public Act 78-355 subject to confiscation or seizure under
22the provisions of that Public Act. Nothing in Public Act
2378-355 shall be construed to prohibit the gift or trade of any
24firearm if that firearm was legally held or acquired within 6
25months after the enactment of that Public Act.
26    (C) Sentence.

 

 

HB1891- 29 -LRB102 11927 KMF 17263 b

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

 

 

HB1891- 30 -LRB102 11927 KMF 17263 b

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

 

 

HB1891- 31 -LRB102 11927 KMF 17263 b

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

 

 

HB1891- 32 -LRB102 11927 KMF 17263 b

1    than 2 and not more than 5 firearms at the same time or
2    within a one year period. Any person convicted of unlawful
3    sale or delivery of firearms in violation of paragraph (l)
4    of subsection (A) commits a Class X felony for which he or
5    she shall be sentenced to a term of imprisonment of not
6    less than 6 years and not more than 30 years if the
7    delivery is of not less than 6 and not more than 10
8    firearms at the same time or within a 2 year period. Any
9    person convicted of unlawful sale or delivery of firearms
10    in violation of paragraph (l) of subsection (A) commits a
11    Class X felony for which he or she shall be sentenced to a
12    term of imprisonment of not less than 6 years and not more
13    than 40 years if the delivery is of not less than 11 and
14    not more than 20 firearms at the same time or within a 3
15    year period. Any person convicted of unlawful sale or
16    delivery of firearms in violation of paragraph (l) of
17    subsection (A) commits a Class X felony for which he or she
18    shall be sentenced to a term of imprisonment of not less
19    than 6 years and not more than 50 years if the delivery is
20    of not less than 21 and not more than 30 firearms at the
21    same time or within a 4 year period. Any person convicted
22    of unlawful sale or delivery of firearms in violation of
23    paragraph (l) of subsection (A) commits a Class X felony
24    for which he or she shall be sentenced to a term of
25    imprisonment of not less than 6 years and not more than 60
26    years if the delivery is of 31 or more firearms at the same

 

 

HB1891- 33 -LRB102 11927 KMF 17263 b

1    time or within a 5 year period.
2    (D) For purposes of this Section:
3    "School" means a public or private elementary or secondary
4school, community college, college, or university.
5    "School related activity" means any sporting, social,
6academic, or other activity for which students' attendance or
7participation is sponsored, organized, or funded in whole or
8in part by a school or school district.
9    (E) A prosecution for a violation of paragraph (k) of
10subsection (A) of this Section may be commenced within 6 years
11after the commission of the offense. A prosecution for a
12violation of this Section other than paragraph (g) of
13subsection (A) of this Section may be commenced within 5 years
14after the commission of the offense defined in the particular
15paragraph.
16(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15;
1799-642, eff. 7-28-16; 100-606, eff. 1-1-19.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.