Full Text of SB0206 99th General Assembly
SB0206ham002 99TH GENERAL ASSEMBLY | Rep. Brandon W. Phelps Filed: 5/29/2016
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| 1 | | AMENDMENT TO SENATE BILL 206
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 206 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Wildlife Code is amended by changing | 5 | | Section 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 | 9 | | refuge unless otherwise permitted by administrative rule.
| 10 | | (b) It is unlawful to use or possess any snare or | 11 | | snare-like device,
deadfall, net, or pit trap to take any | 12 | | species, except that snares not
powered by springs or other | 13 | | mechanical devices may be used to trap
fur-bearing mammals, in | 14 | | water sets only, if at least one-half of the snare
noose is | 15 | | located underwater at all times.
| 16 | | (c) It is unlawful for any person at any time to take a |
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| 1 | | wild mammal
protected by this Act from its den by means of any | 2 | | mechanical device,
spade, or digging device or to use smoke or | 3 | | other gases to dislodge or
remove such mammal except as | 4 | | provided in Section 2.37.
| 5 | | (d) It is unlawful to use a ferret or any other small | 6 | | mammal which is
used in the same or similar manner for which | 7 | | ferrets are used for the
purpose of frightening or driving any | 8 | | mammals from their dens or hiding places.
| 9 | | (e) (Blank).
| 10 | | (f) It is unlawful to use spears, gigs, hooks or any like | 11 | | device to
take any species protected by this Act.
| 12 | | (g) It is unlawful to use poisons, chemicals or explosives | 13 | | for the
purpose of taking any species protected by this Act.
| 14 | | (h) It is unlawful to hunt adjacent to or near any peat, | 15 | | grass,
brush or other inflammable substance when it is burning.
| 16 | | (i) It is unlawful to take, pursue or intentionally harass | 17 | | or disturb
in any manner any wild birds or mammals by use or | 18 | | aid of any vehicle or
conveyance, except as permitted by the | 19 | | Code of Federal Regulations for the
taking of waterfowl. It is | 20 | | also unlawful to use the lights of any vehicle
or conveyance or | 21 | | any light from or any light connected to the
vehicle or | 22 | | conveyance in any area where wildlife may be found except in
| 23 | | accordance with Section 2.37 of this Act; however, nothing in | 24 | | this
Section shall prohibit the normal use of headlamps for the | 25 | | purpose of driving
upon a roadway. Striped skunk, opossum, red | 26 | | fox, gray
fox, raccoon, bobcat, and coyote may be taken during |
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| 1 | | the open season by use of a small
light which is worn on the | 2 | | body or hand-held by a person on foot and not in any
vehicle.
| 3 | | (j) It is unlawful to use any shotgun larger than 10 gauge | 4 | | while
taking or attempting to take any of the species protected | 5 | | by this Act.
| 6 | | (k) It is unlawful to use or possess in the field any | 7 | | shotgun shell loaded
with a shot size larger than lead BB or | 8 | | steel T (.20 diameter) when taking or
attempting to take any | 9 | | species of wild game mammals (excluding white-tailed
deer), | 10 | | wild game birds, migratory waterfowl or migratory game birds | 11 | | protected
by this Act, except white-tailed deer as provided for | 12 | | in Section 2.26 and other
species as provided for by subsection | 13 | | (l) or administrative rule.
| 14 | | (l) It is unlawful to take any species of wild game, except
| 15 | | white-tailed deer and fur-bearing mammals, with a shotgun | 16 | | loaded with slugs unless otherwise
provided for by | 17 | | administrative rule.
| 18 | | (m) It is unlawful to use any shotgun capable of holding | 19 | | more than 3
shells in the magazine or chamber combined, except | 20 | | on game breeding and
hunting preserve areas licensed under | 21 | | Section 3.27 and except as permitted by
the Code of Federal | 22 | | Regulations for the taking of waterfowl. If the shotgun
is | 23 | | capable of holding more than 3 shells, it shall, while being | 24 | | used on an
area other than a game breeding and shooting | 25 | | preserve area licensed
pursuant to Section 3.27, be fitted with | 26 | | a one piece plug that is
irremovable without dismantling the |
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| 1 | | shotgun or otherwise altered to
render it incapable of holding | 2 | | more than 3 shells in the magazine and
chamber, combined.
| 3 | | (n) It is unlawful for any person, except persons who | 4 | | possess a permit to
hunt from a vehicle as provided in this | 5 | | Section and persons otherwise permitted
by law, to have or | 6 | | carry any gun in or on any vehicle, conveyance or aircraft,
| 7 | | unless such gun is unloaded and enclosed in a case, except that | 8 | | at field trials
authorized by Section 2.34 of this Act, | 9 | | unloaded guns or guns loaded with blank
cartridges only, may be | 10 | | carried on horseback while not contained in a case, or
to have | 11 | | or carry any bow or arrow device in or on any vehicle unless | 12 | | such bow
or arrow device is unstrung or enclosed in a case, or | 13 | | otherwise made
inoperable.
| 14 | | (o) It is unlawful to use any crossbow for the purpose of | 15 | | taking any
wild birds or mammals, except as provided for in | 16 | | Section 2.5.
| 17 | | (p) It is unlawful to take game birds, migratory game birds | 18 | | or
migratory waterfowl with a rifle, pistol, revolver or | 19 | | airgun.
| 20 | | (q) It is unlawful to fire a rifle, pistol, revolver or | 21 | | airgun on,
over or into any waters of this State, including | 22 | | frozen waters.
| 23 | | (r) It is unlawful to discharge any gun or bow and arrow | 24 | | device
along, upon, across, or from any public right-of-way or | 25 | | highway in this State.
| 26 | | (s) (Blank) It is unlawful to use a silencer or other |
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| 1 | | device to muffle or
mute the sound of the explosion or report | 2 | | resulting from the firing of
any gun .
| 3 | | (t) It is unlawful for any person to take or attempt to | 4 | | take any species of wildlife or parts thereof, intentionally or | 5 | | wantonly allow a dog to
hunt, within or upon the land of | 6 | | another, or upon waters flowing over or
standing on the land of | 7 | | another, or to knowingly shoot a gun or bow and arrow device at | 8 | | any wildlife physically on or flying over the property of | 9 | | another without first obtaining permission from
the owner or | 10 | | the owner's designee. For the purposes of this Section, the | 11 | | owner's designee means anyone who the owner designates in a | 12 | | written authorization and the authorization must contain (i) | 13 | | the legal or common description of property for such authority | 14 | | is given, (ii) the extent that the owner's designee is | 15 | | authorized to make decisions regarding who is allowed to take | 16 | | or attempt to take any species of wildlife or parts thereof, | 17 | | and (iii) the owner's notarized signature. Before enforcing | 18 | | this
Section the law enforcement officer must have received | 19 | | notice from the
owner or the owner's designee of a violation of | 20 | | this Section. Statements made to the
law enforcement officer | 21 | | regarding this notice shall not be rendered
inadmissible by the | 22 | | hearsay rule when offered for the purpose of showing the
| 23 | | required notice.
| 24 | | (u) It is unlawful for any person to discharge any firearm | 25 | | for the purpose
of taking any of the species protected by this | 26 | | Act, or hunt with gun or
dog, or intentionally or wantonly |
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| 1 | | allow a dog to hunt, within 300 yards of an inhabited dwelling | 2 | | without
first obtaining permission from the owner or tenant, | 3 | | except that while
trapping, hunting with bow and arrow, hunting | 4 | | with dog and shotgun using shot
shells only, or hunting with | 5 | | shotgun using shot shells only, or providing outfitting | 6 | | services under a waterfowl outfitter permit, or
on licensed | 7 | | game breeding and hunting preserve areas, as defined in Section
| 8 | | 3.27, on
federally owned and managed lands and on Department | 9 | | owned, managed, leased, or
controlled lands, a 100 yard | 10 | | restriction shall apply.
| 11 | | (v) It is unlawful for any person to remove fur-bearing | 12 | | mammals from, or
to move or disturb in any manner, the traps | 13 | | owned by another person without
written authorization of the | 14 | | owner to do so.
| 15 | | (w) It is unlawful for any owner of a dog to knowingly or | 16 | | wantonly allow
his or her dog to pursue, harass or kill deer, | 17 | | except that nothing in this Section shall prohibit the tracking | 18 | | of wounded deer with a dog in accordance with the provisions of | 19 | | Section 2.26 of this Code.
| 20 | | (x) It is unlawful for any person to wantonly or carelessly | 21 | | injure
or destroy, in any manner whatsoever, any real or | 22 | | personal property on
the land of another while engaged in | 23 | | hunting or trapping thereon.
| 24 | | (y) It is unlawful to hunt wild game protected by this Act | 25 | | between one
half hour after sunset and one half hour before | 26 | | sunrise, except that
hunting hours between one half hour after |
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| 1 | | sunset and one half hour
before sunrise may be established by | 2 | | administrative rule for fur-bearing
mammals.
| 3 | | (z) It is unlawful to take any game bird (excluding wild | 4 | | turkeys and
crippled pheasants not capable of normal flight and | 5 | | otherwise irretrievable)
protected by this Act when not flying. | 6 | | Nothing in this Section shall prohibit
a person from carrying | 7 | | an uncased, unloaded shotgun in a boat, while in pursuit
of a | 8 | | crippled migratory waterfowl that is incapable of normal | 9 | | flight, for the
purpose of attempting to reduce the migratory | 10 | | waterfowl to possession, provided
that the attempt is made | 11 | | immediately upon downing the migratory waterfowl and
is done | 12 | | within 400 yards of the blind from which the migratory | 13 | | waterfowl was
downed. This exception shall apply only to | 14 | | migratory game birds that are not
capable of normal flight. | 15 | | Migratory waterfowl that are crippled may be taken
only with a | 16 | | shotgun as regulated by subsection (j) of this Section using
| 17 | | shotgun shells as regulated in subsection (k) of this Section.
| 18 | | (aa) It is unlawful to use or possess any device that may | 19 | | be used for
tree climbing or cutting, while hunting fur-bearing | 20 | | mammals, excluding coyotes.
| 21 | | (bb) It is unlawful for any person, except licensed game | 22 | | breeders,
pursuant to Section 2.29 to import, carry into, or | 23 | | possess alive in this
State any species of wildlife taken | 24 | | outside of this State, without
obtaining permission to do so | 25 | | from the Director.
| 26 | | (cc) It is unlawful for any person to have in his or her
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| 1 | | possession any freshly killed species protected by this Act | 2 | | during the season
closed for taking.
| 3 | | (dd) It is unlawful to take any species protected by this | 4 | | Act and retain
it alive except as provided by administrative | 5 | | rule.
| 6 | | (ee) It is unlawful to possess any rifle while in the field | 7 | | during gun
deer season except as provided in Section 2.26 and | 8 | | administrative rules.
| 9 | | (ff) It is unlawful for any person to take any species | 10 | | protected by
this Act, except migratory waterfowl, during the | 11 | | gun deer hunting season in
those counties open to gun deer | 12 | | hunting, unless he or she wears, when in
the field, a cap and | 13 | | upper outer garment of a solid blaze orange color, with
such | 14 | | articles of clothing displaying a minimum of 400 square inches | 15 | | of
blaze orange material.
| 16 | | (gg) It is unlawful during the upland game season for any | 17 | | person to take
upland game with a firearm unless he or she | 18 | | wears, while in the field, a
cap of solid blaze orange color. | 19 | | For purposes of this Act, upland game is
defined as Bobwhite | 20 | | Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
| 21 | | Cottontail and Swamp Rabbit.
| 22 | | (hh) It shall be unlawful to kill or cripple any species | 23 | | protected by
this Act for which there is a bag limit without | 24 | | making a reasonable
effort to retrieve such species and include | 25 | | such in the bag limit. It shall be unlawful for any person | 26 | | having control over harvested game mammals, game birds, or |
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| 1 | | migratory game birds for which there is a bag limit to wantonly | 2 | | waste or destroy the usable meat of the game, except this shall | 3 | | not apply to wildlife taken under Sections 2.37 or 3.22 of this | 4 | | Code. For purposes of this subsection, "usable meat" means the | 5 | | breast meat of a game bird or migratory game bird and the hind | 6 | | ham and front shoulders of a game mammal. It shall be unlawful | 7 | | for any person to place, leave, dump, or abandon a wildlife | 8 | | carcass or parts of it along or upon a public right-of-way or | 9 | | highway or on public or private property, including a waterway | 10 | | or stream, without the permission of the owner or tenant. It | 11 | | shall not be unlawful to discard game meat that is determined | 12 | | to be unfit for human consumption.
| 13 | | (ii) This Section shall apply only to those species | 14 | | protected by this
Act taken within the State. Any species or | 15 | | any parts thereof, legally taken
in and transported from other | 16 | | states or countries, may be possessed
within the State, except | 17 | | as provided in this Section and Sections 2.35, 2.36
and 3.21.
| 18 | | (jj) (Blank).
| 19 | | (kk) Nothing contained in this Section shall prohibit the | 20 | | Director
from issuing permits to paraplegics or to other | 21 | | persons with disabilities who meet the
requirements set forth | 22 | | in administrative rule to shoot or hunt from a vehicle
as | 23 | | provided by that rule, provided that such is otherwise in | 24 | | accord with this
Act.
| 25 | | (ll) Nothing contained in this Act shall prohibit the | 26 | | taking of aquatic
life protected by the Fish and Aquatic Life |
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| 1 | | Code or birds and mammals
protected by this Act, except deer | 2 | | and fur-bearing mammals, from a boat not
camouflaged or | 3 | | disguised to alter its identity or to further provide a place
| 4 | | of concealment and not propelled by sail or mechanical power. | 5 | | However, only
shotguns not larger than 10 gauge nor smaller | 6 | | than .410 bore loaded with not
more than 3 shells of a shot | 7 | | size no larger than lead BB or steel T (.20
diameter) may be | 8 | | used to take species protected by this Act.
| 9 | | (mm) Nothing contained in this Act shall prohibit the use | 10 | | of a shotgun,
not larger than 10 gauge nor smaller than a 20 | 11 | | gauge, with a rifled barrel.
| 12 | | (nn) It shall be unlawful to possess any species of | 13 | | wildlife or wildlife parts taken unlawfully in Illinois, any | 14 | | other state, or any other country, whether or not the wildlife | 15 | | or wildlife parts is indigenous to Illinois. For the purposes | 16 | | of this subsection, the statute of limitations for unlawful | 17 | | possession of wildlife or wildlife parts shall not cease until | 18 | | 2 years after the possession has permanently ended. | 19 | | (Source: P.A. 98-119, eff. 1-1-14; 98-181, eff. 8-5-13; 98-183, | 20 | | eff. 1-1-14; 98-290, eff. 8-9-13; 98-756, eff. 7-16-14; 98-914, | 21 | | eff. 1-1-15; 99-33, eff. 1-1-16; 99-143, eff. 7-27-15; revised | 22 | | 10-20-15.)
| 23 | | Section 10. The Criminal Code of 2012 is amended by | 24 | | changing Section 24-1 and 24-3 as follows:
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| 1 | | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
| 2 | | Sec. 24-1. Unlawful use of weapons.
| 3 | | (a) A person commits the offense of unlawful use of weapons | 4 | | when
he knowingly:
| 5 | | (1) Sells, manufactures, purchases, possesses or | 6 | | carries any bludgeon,
black-jack, slung-shot, sand-club, | 7 | | sand-bag, metal knuckles or other knuckle weapon | 8 | | regardless of its composition, throwing star,
or any knife, | 9 | | commonly referred to as a switchblade knife, which has a
| 10 | | blade that opens automatically by hand pressure applied to | 11 | | a button,
spring or other device in the handle of the | 12 | | knife, or a ballistic knife,
which is a device that propels | 13 | | a knifelike blade as a projectile by means
of a coil | 14 | | spring, elastic material or compressed gas; or
| 15 | | (2) Carries or possesses with intent to use the same | 16 | | unlawfully
against another, a dagger, dirk, billy, | 17 | | dangerous knife, razor,
stiletto, broken bottle or other | 18 | | piece of glass, stun gun or taser or
any other dangerous or | 19 | | deadly weapon or instrument of like character; or
| 20 | | (3) Carries on or about his person or in any vehicle, a | 21 | | tear gas gun
projector or bomb or any object containing | 22 | | noxious liquid gas or
substance, other than an object | 23 | | containing a non-lethal noxious liquid gas
or substance | 24 | | designed solely for personal defense carried by a person 18
| 25 | | years of age or older; or
| 26 | | (4) Carries or possesses in any vehicle or concealed on |
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| 1 | | or about his
person except when on his land or in his own | 2 | | abode, legal dwelling, or fixed place of
business, or on | 3 | | the land or in the legal dwelling of another person as an | 4 | | invitee with that person's permission, any pistol, | 5 | | revolver, stun gun or taser or other firearm, except
that
| 6 | | this subsection (a) (4) does not apply to or affect | 7 | | transportation of weapons
that meet one of the following | 8 | | conditions:
| 9 | | (i) are broken down in a non-functioning state; or
| 10 | | (ii) are not immediately accessible; or
| 11 | | (iii) are unloaded and enclosed in a case, firearm | 12 | | carrying box,
shipping box, or other container by a | 13 | | person who has been issued a currently
valid Firearm | 14 | | Owner's
Identification Card; or | 15 | | (iv) are carried or possessed in accordance with | 16 | | the Firearm Concealed Carry Act by a person who has | 17 | | been issued a currently valid license under the Firearm | 18 | | Concealed Carry Act; or
| 19 | | (5) Sets a spring gun; or
| 20 | | (6) Uses, attaches, or possesses with the intent to use | 21 | | or attach Possesses any device or attachment of any kind | 22 | | for designed, used or
intended for use in silencing the | 23 | | report of any handgun, unless the use, attachment, or | 24 | | possession with the intent to use the device or attachment | 25 | | is on the premises of a firing or shooting range; or | 26 | | possesses any device or attachment of any kind designed, |
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| 1 | | used, or intended for use in silencing the report of any | 2 | | other firearm if the device or attachment is not possessed | 3 | | in compliance with the National Firearms Act firearm ; or
| 4 | | (7) Sells, manufactures, purchases, possesses or | 5 | | carries:
| 6 | | (i) a machine gun, which shall be defined for the | 7 | | purposes of this
subsection as any weapon,
which | 8 | | shoots, is designed to shoot, or can be readily | 9 | | restored to shoot,
automatically more than one shot | 10 | | without manually reloading by a single
function of the | 11 | | trigger, including the frame or receiver
of any such | 12 | | weapon, or sells, manufactures, purchases, possesses, | 13 | | or
carries any combination of parts designed or | 14 | | intended for
use in converting any weapon into a | 15 | | machine gun, or any combination or
parts from which a | 16 | | machine gun can be assembled if such parts are in the
| 17 | | possession or under the control of a person;
| 18 | | (ii) any rifle having one or
more barrels less than | 19 | | 16 inches in length or a shotgun having one or more
| 20 | | barrels less than 18 inches in length or any weapon | 21 | | made from a rifle or
shotgun, whether by alteration, | 22 | | modification, or otherwise, if such a weapon
as | 23 | | modified has an overall length of less than 26 inches; | 24 | | or
| 25 | | (iii) any
bomb, bomb-shell, grenade, bottle or | 26 | | other container containing an
explosive substance of |
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| 1 | | over one-quarter ounce for like purposes, such
as, but | 2 | | not limited to, black powder bombs and Molotov | 3 | | cocktails or
artillery projectiles; or
| 4 | | (8) Carries or possesses any firearm, stun gun or taser | 5 | | or other
deadly weapon in any place which is licensed to | 6 | | sell intoxicating
beverages, or at any public gathering | 7 | | held pursuant to a license issued
by any governmental body | 8 | | or any public gathering at which an admission
is charged, | 9 | | excluding a place where a showing, demonstration or lecture
| 10 | | involving the exhibition of unloaded firearms is | 11 | | conducted.
| 12 | | This subsection (a)(8) does not apply to any auction or | 13 | | raffle of a firearm
held pursuant to
a license or permit | 14 | | issued by a governmental body, nor does it apply to persons
| 15 | | engaged
in firearm safety training courses; or
| 16 | | (9) Carries or possesses in a vehicle or on or about | 17 | | his person any
pistol, revolver, stun gun or taser or | 18 | | firearm or ballistic knife, when
he is hooded, robed or | 19 | | masked in such manner as to conceal his identity; or
| 20 | | (10) Carries or possesses on or about his person, upon | 21 | | any public street,
alley, or other public lands within the | 22 | | corporate limits of a city, village
or incorporated town, | 23 | | except when an invitee thereon or therein, for the
purpose | 24 | | of the display of such weapon or the lawful commerce in | 25 | | weapons, or
except when on his land or in his own abode, | 26 | | legal dwelling, or fixed place of business, or on the land |
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| 1 | | or in the legal dwelling of another person as an invitee | 2 | | with that person's permission, any
pistol, revolver, stun | 3 | | gun or taser or other firearm, except that this
subsection | 4 | | (a) (10) does not apply to or affect transportation of | 5 | | weapons that
meet one of the following conditions:
| 6 | | (i) are broken down in a non-functioning state; or
| 7 | | (ii) are not immediately accessible; or
| 8 | | (iii) are unloaded and enclosed in a case, firearm | 9 | | carrying box,
shipping box, or other container by a | 10 | | person who has been issued a currently
valid Firearm | 11 | | Owner's
Identification Card; or
| 12 | | (iv) are carried or possessed in accordance with | 13 | | the Firearm Concealed Carry Act by a person who has | 14 | | been issued a currently valid license under the Firearm | 15 | | Concealed Carry Act. | 16 | | A "stun gun or taser", as used in this paragraph (a) | 17 | | means (i) any device
which is powered by electrical | 18 | | charging units, such as, batteries, and
which fires one or | 19 | | several barbs attached to a length of wire and
which, upon | 20 | | hitting a human, can send out a current capable of | 21 | | disrupting
the person's nervous system in such a manner as | 22 | | to render him incapable of
normal functioning or (ii) any | 23 | | device which is powered by electrical
charging units, such | 24 | | as batteries, and which, upon contact with a human or
| 25 | | clothing worn by a human, can send out current capable of | 26 | | disrupting
the person's nervous system in such a manner as |
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| 1 | | to render him incapable
of normal functioning; or
| 2 | | (11) Sells, manufactures or purchases any explosive | 3 | | bullet. For purposes
of this paragraph (a) "explosive | 4 | | bullet" means the projectile portion of
an ammunition | 5 | | cartridge which contains or carries an explosive charge | 6 | | which
will explode upon contact with the flesh of a human | 7 | | or an animal.
"Cartridge" means a tubular metal case having | 8 | | a projectile affixed at the
front thereof and a cap or | 9 | | primer at the rear end thereof, with the
propellant | 10 | | contained in such tube between the projectile and the cap; | 11 | | or
| 12 | | (12) (Blank); or
| 13 | | (13) Carries or possesses on or about his or her person | 14 | | while in a building occupied by a unit of government, a | 15 | | billy club, other weapon of like character, or other | 16 | | instrument of like character intended for use as a weapon. | 17 | | For the purposes of this Section, "billy club" means a | 18 | | short stick or club commonly carried by police officers | 19 | | which is either telescopic or constructed of a solid piece | 20 | | of wood or other man-made material. | 21 | | (b) Sentence. A person convicted of a violation of | 22 | | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| 23 | | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | 24 | | Class A
misdemeanor.
A person convicted of a violation of | 25 | | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a | 26 | | person
convicted of a violation of subsection 24-1(a)(6) or |
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| 1 | | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | 2 | | convicted of a violation of subsection
24-1(a)(7)(i) commits a | 3 | | Class 2 felony and shall be sentenced to a term of imprisonment | 4 | | of not less than 3 years and not more than 7 years, unless the | 5 | | weapon is possessed in the
passenger compartment of a motor | 6 | | vehicle as defined in Section 1-146 of the
Illinois Vehicle | 7 | | Code, or on the person, while the weapon is loaded, in which
| 8 | | case it shall be a Class X felony. A person convicted of a
| 9 | | second or subsequent violation of subsection 24-1(a)(4), | 10 | | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 | 11 | | felony. The possession of each weapon in violation of this | 12 | | Section constitutes a single and separate violation.
| 13 | | (c) Violations in specific places.
| 14 | | (1) A person who violates subsection 24-1(a)(6) or | 15 | | 24-1(a)(7) in any
school, regardless of the time of day or | 16 | | the time of year, in residential
property owned, operated | 17 | | or 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 the real | 20 | | property comprising any school,
regardless of the
time of | 21 | | day or the time of year, on residential property owned, | 22 | | operated
or
managed by a public housing agency
or leased by | 23 | | a public housing agency as part of a scattered site or
| 24 | | mixed-income development,
on the real property comprising | 25 | | any
public park, on the real property comprising any | 26 | | courthouse, in any conveyance
owned, leased or contracted |
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| 1 | | by a school to
transport students to or from school or a | 2 | | school related activity, in any conveyance
owned, leased, | 3 | | or contracted by a public transportation agency, or on any
| 4 | | public way within 1,000 feet of the real property | 5 | | comprising any school,
public park, courthouse, public | 6 | | transportation facility, or residential property owned, | 7 | | operated, or managed
by a public housing agency
or leased | 8 | | by a public housing agency as part of a scattered site or
| 9 | | mixed-income development
commits a Class 2 felony and shall | 10 | | be sentenced to a term of imprisonment of not less than 3 | 11 | | years and not more than 7 years.
| 12 | | (1.5) A person who violates subsection 24-1(a)(4), | 13 | | 24-1(a)(9), or
24-1(a)(10) 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,
on | 23 | | the real property
comprising any public park, on the real | 24 | | 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, in |
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| 1 | | 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 3 felony.
| 9 | | (2) A person who violates subsection 24-1(a)(1), | 10 | | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | 11 | | time of day or the time of year, in
residential property | 12 | | owned, operated or managed by a public housing
agency
or | 13 | | leased by a public housing agency as part of a scattered | 14 | | site or
mixed-income development,
in
a public park, in a | 15 | | courthouse, on the real property comprising any school,
| 16 | | regardless of the time of day or the time of year, on | 17 | | residential property
owned, operated or managed by a public | 18 | | housing agency
or leased by a public housing agency as part | 19 | | of a scattered site or
mixed-income development,
on the | 20 | | real property
comprising any public park, on the real | 21 | | property comprising any courthouse, in
any conveyance | 22 | | owned, leased or contracted by a school to transport | 23 | | students
to or from school or a school related activity, in | 24 | | any conveyance
owned, leased, or contracted by a public | 25 | | transportation agency, or on any public way within
1,000 | 26 | | feet of the real property comprising any school, public |
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| 1 | | park, courthouse,
public transportation facility, or | 2 | | residential property owned, operated, or managed by a | 3 | | public
housing agency or leased by a public housing agency | 4 | | as part of a scattered
site or mixed-income development | 5 | | commits a Class 4 felony. "Courthouse"
means any building | 6 | | that is used by the Circuit, Appellate, or Supreme Court of
| 7 | | this State for the conduct of official business.
| 8 | | (3) Paragraphs (1), (1.5), and (2) of this subsection | 9 | | (c) shall not
apply to law
enforcement officers or security | 10 | | officers of such school, college, or
university or to | 11 | | students carrying or possessing firearms for use in | 12 | | training
courses, parades, hunting, target shooting on | 13 | | school ranges, or otherwise with
the consent of school | 14 | | authorities and which firearms are transported unloaded
| 15 | | enclosed in a suitable case, box, or transportation | 16 | | package.
| 17 | | (4) For the purposes of this subsection (c), "school" | 18 | | means any public or
private elementary or secondary school, | 19 | | community college, college, or
university.
| 20 | | (5) For the purposes of this subsection (c), "public | 21 | | transportation agency" means a public or private agency | 22 | | that provides for the transportation or conveyance of
| 23 | | persons by means available to the general public, except | 24 | | for transportation
by automobiles not used for conveyance | 25 | | of the general public as passengers; and "public | 26 | | transportation facility" means a terminal or other place
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| 1 | | where one may obtain public transportation.
| 2 | | (d) The presence in an automobile other than a public | 3 | | omnibus of any
weapon, instrument or substance referred to in | 4 | | subsection (a)(7) is
prima facie evidence that it is in the | 5 | | possession of, and is being
carried by, all persons occupying | 6 | | such automobile at the time such
weapon, instrument or | 7 | | substance is found, except under the following
circumstances: | 8 | | (i) if such weapon, instrument or instrumentality is
found upon | 9 | | the person of one of the occupants therein; or (ii) if such
| 10 | | weapon, instrument or substance is found in an automobile | 11 | | operated for
hire by a duly licensed driver in the due, lawful | 12 | | and proper pursuit of
his trade, then such presumption shall | 13 | | not apply to the driver.
| 14 | | (e) Exemptions. Crossbows, Common or Compound bows and | 15 | | Underwater
Spearguns are exempted from the definition of | 16 | | ballistic knife as defined in
paragraph (1) of subsection (a) | 17 | | of this Section.
| 18 | | (Source: P.A. 99-29, eff. 7-10-15.)
| 19 | | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| 20 | | Sec. 24-3. Unlawful sale or delivery of firearms.
| 21 | | (A) A person commits the offense of unlawful sale or | 22 | | delivery of firearms when he
or she knowingly does any of the | 23 | | following:
| 24 | | (a) Sells or gives any firearm of a size which may be | 25 | | concealed upon the
person to any person under 18 years of |
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| 1 | | age.
| 2 | | (b) Sells or gives any firearm to a person under 21 | 3 | | years of age who has
been convicted of a misdemeanor other | 4 | | than a traffic offense or adjudged
delinquent.
| 5 | | (c) Sells or gives any firearm to any narcotic addict.
| 6 | | (d) Sells or gives any firearm to any person who has | 7 | | been convicted of a
felony under the laws of this or any | 8 | | other jurisdiction.
| 9 | | (e) Sells or gives any firearm to any person who has | 10 | | been a patient in a
mental institution within the past 5 | 11 | | years. In this subsection (e): | 12 | | "Mental institution" means any hospital, | 13 | | institution, clinic, evaluation facility, mental | 14 | | health center, or part thereof, which is used primarily | 15 | | for the care or treatment of persons with mental | 16 | | illness. | 17 | | "Patient in a mental institution" means the person | 18 | | was admitted, either voluntarily or involuntarily, to | 19 | | a mental institution for mental health treatment, | 20 | | unless the treatment was voluntary and solely for an | 21 | | alcohol abuse disorder and no other secondary | 22 | | substance abuse disorder or mental illness.
| 23 | | (f) Sells or gives any firearms to any person who is a | 24 | | person with an intellectual disability.
| 25 | | (g) Delivers any firearm of a size which may be | 26 | | concealed upon the
person, incidental to a sale, without |
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| 1 | | withholding delivery of such firearm
for at least 72 hours | 2 | | after application for its purchase has been made, or
| 3 | | delivers any rifle, shotgun or other long gun, or a stun | 4 | | gun or taser, incidental to a sale,
without withholding | 5 | | delivery of such rifle, shotgun or other long gun, or a | 6 | | stun gun or taser for
at least 24 hours after application | 7 | | for its purchase has been made.
However,
this paragraph (g) | 8 | | does not apply to: (1) the sale of a firearm
to a law | 9 | | enforcement officer if the seller of the firearm knows that | 10 | | the person to whom he or she is selling the firearm is a | 11 | | law enforcement officer or the sale of a firearm to a | 12 | | person who desires to purchase a firearm for
use in | 13 | | promoting the public interest incident to his or her | 14 | | employment as a
bank guard, armed truck guard, or other | 15 | | similar employment; (2) a mail
order sale of a firearm from | 16 | | a federally licensed firearms dealer to a nonresident of | 17 | | Illinois under which the firearm
is mailed to a federally | 18 | | licensed firearms dealer outside the boundaries of | 19 | | Illinois; (3) the sale
of a firearm to a nonresident of | 20 | | Illinois while at a firearm showing or display
recognized | 21 | | by the Illinois Department of State Police; (4) the sale of | 22 | | a
firearm to a dealer licensed as a federal firearms dealer | 23 | | under Section 923
of the federal Gun Control Act of 1968 | 24 | | (18 U.S.C. 923); or (5) the transfer or sale of any rifle, | 25 | | shotgun, or other long gun to a resident registered | 26 | | competitor or attendee or non-resident registered |
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| 1 | | competitor or attendee by any dealer licensed as a federal | 2 | | firearms dealer under Section 923 of the federal Gun | 3 | | Control Act of 1968 at competitive shooting events held at | 4 | | the World Shooting Complex sanctioned by a national | 5 | | governing body. For purposes of transfers or sales under | 6 | | subparagraph (5) of this paragraph (g), the Department of | 7 | | Natural Resources shall give notice to the Department of | 8 | | State Police at least 30 calendar days prior to any | 9 | | competitive shooting events at the World Shooting Complex | 10 | | sanctioned by a national governing body. The notification | 11 | | shall be made on a form prescribed by the Department of | 12 | | State Police. The sanctioning body shall provide a list of | 13 | | all registered competitors and attendees at least 24 hours | 14 | | before the events to the Department of State Police. Any | 15 | | changes to the list of registered competitors and attendees | 16 | | shall be forwarded to the Department of State Police as | 17 | | soon as practicable. The Department of State Police must | 18 | | destroy the list of registered competitors and attendees no | 19 | | later than 30 days after the date of the event. Nothing in | 20 | | this paragraph (g) relieves a federally licensed firearm | 21 | | dealer from the requirements of conducting a NICS | 22 | | background check through the Illinois Point of Contact | 23 | | under 18 U.S.C. 922(t). For purposes of this paragraph (g), | 24 | | "application" means when the buyer and seller reach an | 25 | | agreement to purchase a firearm.
For purposes of this | 26 | | paragraph (g), "national governing body" means a group of |
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| 1 | | persons who adopt rules and formulate policy on behalf of a | 2 | | national firearm sporting organization.
| 3 | | (h) While holding any license
as a dealer,
importer, | 4 | | manufacturer or pawnbroker
under the federal Gun Control | 5 | | Act of 1968,
manufactures, sells or delivers to any | 6 | | unlicensed person a handgun having
a barrel, slide, frame | 7 | | or receiver which is a die casting of zinc alloy or
any | 8 | | other nonhomogeneous metal which will melt or deform at a | 9 | | temperature
of less than 800 degrees Fahrenheit. For | 10 | | purposes of this paragraph, (1)
"firearm" is defined as in | 11 | | the Firearm Owners Identification Card Act; and (2)
| 12 | | "handgun" is defined as a firearm designed to be held
and | 13 | | fired by the use of a single hand, and includes a | 14 | | combination of parts from
which such a firearm can be | 15 | | assembled.
| 16 | | (i) Sells or gives a firearm of any size to any person | 17 | | under 18 years of
age who does not possess a valid Firearm | 18 | | Owner's Identification Card.
| 19 | | (j) Sells or gives a firearm while engaged in the | 20 | | business of selling
firearms at wholesale or retail without | 21 | | being licensed as a federal firearms
dealer under Section | 22 | | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | 23 | | In this paragraph (j):
| 24 | | A person "engaged in the business" means a person who | 25 | | devotes time,
attention, and
labor to
engaging in the | 26 | | activity as a regular course of trade or business with the
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| 1 | | principal objective of livelihood and profit, but does not | 2 | | include a person who
makes occasional repairs of firearms | 3 | | or who occasionally fits special barrels,
stocks, or | 4 | | trigger mechanisms to firearms.
| 5 | | "With the principal objective of livelihood and | 6 | | profit" means that the
intent
underlying the sale or | 7 | | disposition of firearms is predominantly one of
obtaining | 8 | | livelihood and pecuniary gain, as opposed to other intents, | 9 | | such as
improving or liquidating a personal firearms | 10 | | collection; however, proof of
profit shall not be required | 11 | | as to a person who engages in the regular and
repetitive | 12 | | purchase and disposition of firearms for criminal purposes | 13 | | or
terrorism.
| 14 | | (k) Sells or transfers ownership of a firearm to a | 15 | | person who does not display to the seller or transferor of | 16 | | the firearm either: (1) a currently valid Firearm Owner's | 17 | | Identification Card that has previously been issued in the | 18 | | transferee's name by the Department of State Police under | 19 | | the provisions of the Firearm Owners Identification Card | 20 | | Act; or (2) a currently valid license to carry a concealed | 21 | | firearm that has previously been issued in the transferee's | 22 | | name by the
Department of State Police under the Firearm | 23 | | Concealed Carry Act. This paragraph (k) does not apply to | 24 | | the transfer of a firearm to a person who is exempt from | 25 | | the requirement of possessing a Firearm Owner's | 26 | | Identification Card under Section 2 of the Firearm Owners |
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| 1 | | Identification Card Act. For the purposes of this Section, | 2 | | a currently valid Firearm Owner's Identification Card | 3 | | means (i) a Firearm Owner's Identification Card that has | 4 | | not expired or (ii) an approval number issued in accordance | 5 | | with subsection (a-10) of subsection 3 or Section 3.1 of | 6 | | the Firearm Owners Identification Card Act shall be proof | 7 | | that the Firearm Owner's Identification Card was valid. | 8 | | (1) In addition to the other requirements of this | 9 | | paragraph (k), all persons who are not federally | 10 | | licensed firearms dealers must also have complied with | 11 | | subsection (a-10) of Section 3 of the Firearm Owners | 12 | | Identification Card Act by determining the validity of | 13 | | a purchaser's Firearm Owner's Identification Card. | 14 | | (2) All sellers or transferors who have complied | 15 | | with the requirements of subparagraph (1) of this | 16 | | paragraph (k) shall not be liable for damages in any | 17 | | civil action arising from the use or misuse by the | 18 | | transferee of the firearm transferred, except for | 19 | | willful or wanton misconduct on the part of the seller | 20 | | or transferor. | 21 | | (l) Not
being entitled to the possession of a firearm, | 22 | | delivers the
firearm, knowing it to have been stolen or | 23 | | converted. It may be inferred that
a person who possesses a | 24 | | firearm with knowledge that its serial number has
been | 25 | | removed or altered has knowledge that the firearm is stolen | 26 | | or converted. |
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| 1 | | (m) Transfers or gives a suppressor or silencer to a person | 2 | | not authorized to possess the suppressor or silencer under | 3 | | federal law. | 4 | | (B) Paragraph (h) of subsection (A) does not include | 5 | | firearms sold within 6
months after enactment of Public
Act | 6 | | 78-355 (approved August 21, 1973, effective October 1, 1973), | 7 | | nor is any
firearm legally owned or
possessed by any citizen or | 8 | | purchased by any citizen within 6 months after the
enactment of | 9 | | Public Act 78-355 subject
to confiscation or seizure under the | 10 | | provisions of that Public Act. Nothing in
Public Act 78-355 | 11 | | shall be construed to prohibit the gift or trade of
any firearm | 12 | | if that firearm was legally held or acquired within 6 months | 13 | | after
the enactment of that Public Act.
| 14 | | (C) Sentence.
| 15 | | (1) Any person convicted of unlawful sale or delivery | 16 | | of firearms in violation of
paragraph (c), (e), (f), (g), | 17 | | or (h) of subsection (A) commits a Class
4
felony.
| 18 | | (2) Any person convicted of unlawful sale or delivery | 19 | | of firearms in violation of
paragraph (b) or (i) , or (m) of | 20 | | subsection (A) commits a Class 3 felony.
| 21 | | (3) Any person convicted of unlawful sale or delivery | 22 | | of firearms in violation of
paragraph (a) of subsection (A) | 23 | | commits a Class 2 felony.
| 24 | | (4) Any person convicted of unlawful sale or delivery | 25 | | of firearms in violation of
paragraph (a), (b), or (i) of | 26 | | subsection (A) in any school, on the real
property |
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| 1 | | comprising a school, within 1,000 feet of the real property | 2 | | comprising
a school, at a school related activity, or on or | 3 | | within 1,000 feet of any
conveyance owned, leased, or | 4 | | contracted by a school or school district to
transport | 5 | | students to or from school or a school related activity,
| 6 | | regardless of the time of day or time of year at which the | 7 | | offense
was committed, commits a Class 1 felony. Any person | 8 | | convicted of a second
or subsequent violation of unlawful | 9 | | sale or delivery of firearms in violation of paragraph
(a), | 10 | | (b), or (i) of subsection (A) in any school, on the real | 11 | | property
comprising a school, within 1,000 feet of the real | 12 | | property comprising a
school, at a school related activity, | 13 | | or on or within 1,000 feet of any
conveyance owned, leased, | 14 | | or contracted by a school or school district to
transport | 15 | | students to or from school or a school related activity,
| 16 | | regardless of the time of day or time of year at which the | 17 | | offense
was committed, commits a Class 1 felony for which | 18 | | the sentence shall be a
term of imprisonment of no less | 19 | | than 5 years and no more than 15 years.
| 20 | | (5) Any person convicted of unlawful sale or delivery | 21 | | of firearms in violation of
paragraph (a) or (i) of | 22 | | subsection (A) in residential property owned,
operated, or | 23 | | managed by a public housing agency or leased by a public | 24 | | housing
agency as part of a scattered site or mixed-income | 25 | | development, in a public
park, in a
courthouse, on | 26 | | residential property owned, operated, or managed by a |
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| 1 | | public
housing agency or leased by a public housing agency | 2 | | as part of a scattered site
or mixed-income development, on | 3 | | the real property comprising any public park,
on the real
| 4 | | property comprising any courthouse, or on any public way | 5 | | within 1,000 feet
of the real property comprising any | 6 | | public park, courthouse, or residential
property owned, | 7 | | operated, or managed by a public housing agency or leased | 8 | | by a
public housing agency as part of a scattered site or | 9 | | mixed-income development
commits a
Class 2 felony.
| 10 | | (6) Any person convicted of unlawful sale or delivery | 11 | | of firearms in violation of
paragraph (j) of subsection (A) | 12 | | commits a Class A misdemeanor. A second or
subsequent | 13 | | violation is a Class 4 felony. | 14 | | (7) Any person convicted of unlawful sale or delivery | 15 | | of firearms in violation of paragraph (k) of subsection (A) | 16 | | commits a Class 4 felony, except that a violation of | 17 | | subparagraph (1) of paragraph (k) of subsection (A) shall | 18 | | not be punishable as a crime or petty offense. A third or | 19 | | subsequent conviction for a violation of paragraph (k) of | 20 | | subsection (A) is a Class 1 felony.
| 21 | | (8) A person 18 years of age or older convicted of | 22 | | unlawful sale or delivery of firearms in violation of | 23 | | paragraph (a) or (i) of subsection (A), when the firearm | 24 | | that was sold or given to another person under 18 years of | 25 | | age was used in the commission of or attempt to commit a | 26 | | forcible felony, shall be fined or imprisoned, or both, not |
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| 1 | | to exceed the maximum provided for the most serious | 2 | | forcible felony so committed or attempted by the person | 3 | | under 18 years of age who was sold or given the firearm. | 4 | | (9) Any person convicted of unlawful sale or delivery | 5 | | of firearms in violation of
paragraph (d) of subsection (A) | 6 | | commits a Class 3 felony. | 7 | | (10) Any person convicted of unlawful sale or delivery | 8 | | of firearms in violation of paragraph (l) of subsection (A) | 9 | | commits a Class 2 felony if the delivery is of one firearm. | 10 | | Any person convicted of unlawful sale or delivery of | 11 | | firearms in violation of paragraph (l) of subsection (A) | 12 | | commits a Class 1 felony if the delivery is of not less | 13 | | than 2 and not more than 5 firearms at the
same time or | 14 | | within a one year period. Any person convicted of unlawful | 15 | | sale or delivery of firearms in violation of paragraph (l) | 16 | | of subsection (A) commits a Class X felony for which he or | 17 | | she shall be sentenced
to a term of imprisonment of not | 18 | | less than 6 years and not more than 30
years if the | 19 | | delivery is of not less than 6 and not more than 10 | 20 | | firearms at the
same time or within a 2 year period. Any | 21 | | person convicted of unlawful sale or delivery of firearms | 22 | | in violation of paragraph (l) of subsection (A) commits a | 23 | | Class X felony for which he or she shall be sentenced
to a | 24 | | term of imprisonment of not less than 6 years and not more | 25 | | than 40
years if the delivery is of not less than 11 and | 26 | | not more than 20 firearms at the
same time or within a 3 |
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| 1 | | year period. Any person convicted of unlawful sale or | 2 | | delivery of firearms in violation of paragraph (l) of | 3 | | subsection (A) commits a Class X felony for which he or she | 4 | | shall be sentenced
to a term of imprisonment of not less | 5 | | than 6 years and not more than 50
years if the delivery is | 6 | | of not less than 21 and not more than 30 firearms at the
| 7 | | same time or within a 4 year period. Any person convicted | 8 | | of unlawful sale or delivery of firearms in violation of | 9 | | paragraph (l) of subsection (A) commits a Class X felony | 10 | | for which he or she shall be sentenced
to a term of | 11 | | imprisonment of not less than 6 years and not more than 60
| 12 | | years if the delivery is of 31 or more firearms at the
same | 13 | | time or within a 5 year period. | 14 | | (D) For purposes of this Section:
| 15 | | "School" means a public or private elementary or secondary | 16 | | school,
community college, college, or university.
| 17 | | "School related activity" means any sporting, social, | 18 | | academic, or
other activity for which students' attendance or | 19 | | participation is sponsored,
organized, or funded in whole or in | 20 | | part by a school or school district.
| 21 | | (E) A prosecution for a violation of paragraph (k) of | 22 | | subsection (A) of this Section may be commenced within 6 years | 23 | | after the commission of the offense. A prosecution for a | 24 | | violation of this Section other than paragraph (g) of | 25 | | subsection (A) of this Section may be commenced within 5 years | 26 | | after the commission of the offense defined in the particular |
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| 1 | | paragraph.
| 2 | | (Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15; | 3 | | 99-143, eff. 7-27-15; revised 10-16-15.)
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.".
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