Full Text of HB4117 100th General Assembly
HB4117eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Firearm Owners Identification Card Act is | 5 | | amended by changing Sections 1, 1.1, 2, and 3 as follows:
| 6 | | (430 ILCS 65/1) (from Ch. 38, par. 83-1)
| 7 | | Sec. 1. It is hereby declared as a matter of legislative | 8 | | determination that
in order to promote and protect the health, | 9 | | safety , and welfare of the
public, it is necessary and in the | 10 | | public interest to provide a system of
identifying persons who | 11 | | are not qualified to acquire or possess firearms, pre-packaged | 12 | | explosive components, firearm ammunition, stun guns, and | 13 | | tasers within the State of Illinois by the establishment of
a | 14 | | system of Firearm Owner's Identification Cards, thereby | 15 | | establishing a
practical and workable system by which law | 16 | | enforcement authorities will be
afforded an opportunity to | 17 | | identify those persons who are prohibited by
Section 24-3.1 of | 18 | | the Criminal Code of 2012, from
acquiring or possessing | 19 | | firearms and firearm ammunition and who are prohibited by this | 20 | | Act from acquiring stun guns and tasers.
| 21 | | (Source: P.A. 97-1150, eff. 1-25-13.)
| 22 | | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
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| 1 | | Sec. 1.1. For purposes of this Act:
| 2 | | "Addicted to narcotics" means a person who has been: | 3 | | (1) convicted of an offense involving the use or | 4 | | possession of cannabis, a controlled substance, or | 5 | | methamphetamine within the past year; or | 6 | | (2) determined by the Department of State Police to be | 7 | | addicted to narcotics based upon federal law or federal | 8 | | guidelines. | 9 | | "Addicted to narcotics" does not include possession or use | 10 | | of a prescribed controlled substance under the direction and | 11 | | authority of a physician or other person authorized to | 12 | | prescribe the controlled substance when the controlled | 13 | | substance is used in the prescribed manner. | 14 | | "Adjudicated as a person with a mental disability" means | 15 | | the person is the subject of a determination by a court, board, | 16 | | commission or other lawful authority that the person, as a | 17 | | result of marked subnormal intelligence, or mental illness, | 18 | | mental impairment, incompetency, condition, or disease: | 19 | | (1) presents a clear and present danger to himself, | 20 | | herself, or to others; | 21 | | (2) lacks the mental capacity to manage his or her own | 22 | | affairs or is adjudicated a person with a disability as | 23 | | defined in Section 11a-2 of the Probate Act of 1975; | 24 | | (3) is not guilty in a criminal case by reason of | 25 | | insanity, mental disease or defect; | 26 | | (3.5) is guilty but mentally ill, as provided in |
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| 1 | | Section 5-2-6 of the Unified Code of Corrections; | 2 | | (4) is incompetent to stand trial in a criminal case; | 3 | | (5) is not guilty by reason of lack of mental | 4 | | responsibility under Articles 50a and 72b of the Uniform | 5 | | Code of Military Justice, 10 U.S.C. 850a, 876b;
| 6 | | (6) is a sexually violent person under subsection (f) | 7 | | of Section 5 of the Sexually Violent Persons Commitment | 8 | | Act; | 9 | | (7) is a sexually dangerous person under the Sexually | 10 | | Dangerous Persons Act; | 11 | | (8) is unfit to stand trial under the Juvenile Court | 12 | | Act of 1987; | 13 | | (9) is not guilty by reason of insanity under the | 14 | | Juvenile Court Act of 1987; | 15 | | (10) is subject to involuntary admission as an | 16 | | inpatient as defined in Section 1-119 of the Mental Health | 17 | | and Developmental Disabilities Code; | 18 | | (11) is subject to involuntary admission as an | 19 | | outpatient as defined in Section 1-119.1 of the Mental | 20 | | Health and Developmental Disabilities Code; | 21 | | (12) is subject to judicial admission as set forth in | 22 | | Section 4-500 of the Mental Health and Developmental | 23 | | Disabilities Code; or | 24 | | (13) is subject to the provisions of the Interstate | 25 | | Agreements on Sexually Dangerous Persons Act. | 26 | | "Clear and present danger" means a person who: |
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| 1 | | (1) communicates a serious threat of physical violence | 2 | | against a reasonably identifiable victim or poses a clear | 3 | | and imminent risk of serious physical injury to himself, | 4 | | herself, or another person as determined by a physician, | 5 | | clinical psychologist, or qualified examiner; or | 6 | | (2) demonstrates threatening physical or verbal | 7 | | behavior, such as violent, suicidal, or assaultive | 8 | | threats, actions, or other behavior, as determined by a | 9 | | physician, clinical psychologist, qualified examiner, | 10 | | school administrator, or law enforcement official. | 11 | | "Clinical psychologist" has the meaning provided in | 12 | | Section 1-103 of the Mental Health and Developmental | 13 | | Disabilities Code. | 14 | | "Controlled substance" means a controlled substance or | 15 | | controlled substance analog as defined in the Illinois | 16 | | Controlled Substances Act. | 17 | | "Counterfeit" means to copy or imitate, without legal | 18 | | authority, with
intent
to deceive. | 19 | | "Federally licensed firearm dealer" means a person who is | 20 | | licensed as a federal firearms dealer under Section 923 of the | 21 | | federal Gun Control Act of 1968 (18 U.S.C. 923).
| 22 | | "Firearm" means any device, by
whatever name known, which | 23 | | is designed to expel a projectile or projectiles
by the action | 24 | | of an explosion, expansion of gas or escape of gas; excluding,
| 25 | | however:
| 26 | | (1) any pneumatic gun, spring gun, paint ball gun, or |
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| 1 | | B-B gun which
expels a single globular projectile not | 2 | | exceeding .18 inch in
diameter or which has a maximum | 3 | | muzzle velocity of less than 700 feet
per second;
| 4 | | (1.1) any pneumatic gun, spring gun, paint ball gun, or | 5 | | B-B gun which expels breakable paint balls containing | 6 | | washable marking colors; | 7 | | (2) any device used exclusively for signalling or | 8 | | safety and required or
recommended by the United States | 9 | | Coast Guard or the Interstate Commerce
Commission;
| 10 | | (3) any device used exclusively for the firing of stud | 11 | | cartridges,
explosive rivets or similar industrial | 12 | | ammunition; and
| 13 | | (4) an antique firearm (other than a machine-gun) | 14 | | which, although
designed as a weapon, the Department of | 15 | | State Police finds by reason of
the date of its | 16 | | manufacture, value, design, and other characteristics is
| 17 | | primarily a collector's item and is not likely to be used | 18 | | as a weapon.
| 19 | | "Firearm ammunition" means any self-contained cartridge or | 20 | | shotgun
shell, by whatever name known, which is designed to be | 21 | | used or adaptable to
use in a firearm; excluding, however:
| 22 | | (1) any ammunition exclusively designed for use with a | 23 | | device used
exclusively for signalling or safety and | 24 | | required or recommended by the
United States Coast Guard or | 25 | | the Interstate Commerce Commission; and
| 26 | | (2) any ammunition designed exclusively for use with a |
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| 1 | | stud or rivet
driver or other similar industrial | 2 | | ammunition. | 3 | | "Gun show" means an event or function: | 4 | | (1) at which the sale and transfer of firearms is the | 5 | | regular and normal course of business and where 50 or more | 6 | | firearms are displayed, offered, or exhibited for sale, | 7 | | transfer, or exchange; or | 8 | | (2) at which not less than 10 gun show vendors display, | 9 | | offer, or exhibit for sale, sell, transfer, or exchange | 10 | | firearms.
| 11 | | "Gun show" includes the entire premises provided for an | 12 | | event or function, including parking areas for the event or | 13 | | function, that is sponsored to facilitate the purchase, sale, | 14 | | transfer, or exchange of firearms as described in this Section.
| 15 | | Nothing in this definition shall be construed to exclude a gun | 16 | | show held in conjunction with competitive shooting events at | 17 | | the World Shooting Complex sanctioned by a national governing | 18 | | body in which the sale or transfer of firearms is authorized | 19 | | under subparagraph (5) of paragraph (g) of subsection (A) of | 20 | | Section 24-3 of the Criminal Code of 2012. | 21 | | Unless otherwise expressly stated, "gun show" does not | 22 | | include training or safety classes, competitive shooting | 23 | | events, such as rifle, shotgun, or handgun matches, trap, | 24 | | skeet, or sporting clays shoots, dinners, banquets, raffles, or
| 25 | | any other event where the sale or transfer of firearms is not | 26 | | the primary course of business. |
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| 1 | | "Gun show promoter" means a person who organizes or | 2 | | operates a gun show. | 3 | | "Gun show vendor" means a person who exhibits, sells, | 4 | | offers for sale, transfers, or exchanges any firearms at a gun | 5 | | show, regardless of whether the person arranges with a gun show | 6 | | promoter for a fixed location from which to exhibit, sell, | 7 | | offer for sale, transfer, or exchange any firearm. | 8 | | "Involuntarily admitted" has the meaning as prescribed in | 9 | | Sections 1-119 and 1-119.1 of the Mental Health and | 10 | | Developmental Disabilities Code. | 11 | | "Mental health facility" means any licensed private | 12 | | hospital or hospital affiliate, institution, or facility, or | 13 | | part thereof, and any facility, or part thereof, operated by | 14 | | the State or a political subdivision thereof which provide | 15 | | treatment of persons with mental illness and includes all | 16 | | hospitals, institutions, clinics, evaluation facilities, | 17 | | mental health centers, colleges, universities, long-term care | 18 | | facilities, and nursing homes, or parts thereof, which provide | 19 | | treatment of persons with mental illness whether or not the | 20 | | primary purpose is to provide treatment of persons with mental | 21 | | illness. | 22 | | "National governing body" means a group of persons who | 23 | | adopt rules and formulate policy on behalf of a national | 24 | | firearm sporting organization. | 25 | | "Patient" means: | 26 | | (1) a person who voluntarily receives mental health |
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| 1 | | treatment as an in-patient or resident of any public or | 2 | | private mental health facility, unless the treatment was | 3 | | solely for an alcohol abuse disorder and no other secondary | 4 | | substance abuse disorder or mental illness; or | 5 | | (2) a person who voluntarily receives mental health | 6 | | treatment as an out-patient or is provided services by a | 7 | | public or private mental health facility, and who poses a | 8 | | clear and present danger to himself, herself, or to others. | 9 | | "Person with a developmental disability" means a person | 10 | | with a disability which is attributable to any other condition | 11 | | which results in impairment similar to that caused by an | 12 | | intellectual disability and which requires services similar to | 13 | | those required by persons with intellectual disabilities. The | 14 | | disability must originate before the age of 18
years, be | 15 | | expected to continue indefinitely, and constitute a | 16 | | substantial disability. This disability results, in the | 17 | | professional opinion of a physician, clinical psychologist, or | 18 | | qualified examiner, in significant functional limitations in 3 | 19 | | or more of the following areas of major life activity: | 20 | | (i) self-care; | 21 | | (ii) receptive and expressive language; | 22 | | (iii) learning; | 23 | | (iv) mobility; or | 24 | | (v) self-direction. | 25 | | "Person with an intellectual disability" means a person | 26 | | with a significantly subaverage general intellectual |
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| 1 | | functioning which exists concurrently with impairment in | 2 | | adaptive behavior and which originates before the age of 18 | 3 | | years. | 4 | | "Physician" has the meaning as defined in Section 1-120 of | 5 | | the Mental Health and Developmental Disabilities Code. | 6 | | "Pre-packaged explosive components" has the same meaning | 7 | | ascribed to the term in Section 24-4.3 of the Criminal Code of | 8 | | 2012. | 9 | | "Qualified examiner" has the meaning provided in Section | 10 | | 1-122 of the Mental Health and Developmental Disabilities Code. | 11 | | "Sanctioned competitive shooting event" means a shooting | 12 | | contest officially recognized by a national or state shooting | 13 | | sport association, and includes any sight-in or practice | 14 | | conducted in conjunction with the event.
| 15 | | "School administrator" means the person required to report | 16 | | under the School Administrator Reporting of Mental Health Clear | 17 | | and Present Danger Determinations Law. | 18 | | "Stun gun or taser" has the meaning ascribed to it in | 19 | | Section 24-1 of the Criminal Code of 2012. | 20 | | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143, | 21 | | eff. 7-27-15; 99-642, eff. 7-28-16.)
| 22 | | (430 ILCS 65/2) (from Ch. 38, par. 83-2)
| 23 | | Sec. 2. Firearm Owner's Identification Card required; | 24 | | exceptions.
| 25 | | (a) (1) No person may acquire or possess any firearm, |
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| 1 | | pre-packaged explosive components, stun gun, or taser within | 2 | | this State
without having in his or her possession a Firearm | 3 | | Owner's Identification Card
previously issued in his or her | 4 | | name by the Department of State Police under
the provisions of | 5 | | this Act.
| 6 | | (2) No person may acquire or possess firearm ammunition | 7 | | within this
State without having in his or her possession a | 8 | | Firearm Owner's Identification
Card previously issued in his or | 9 | | her name by the Department of State Police
under the provisions | 10 | | of this Act.
| 11 | | (b) The provisions of this Section regarding the possession | 12 | | of firearms, firearm ammunition, stun guns, and tasers do not | 13 | | apply to:
| 14 | | (1) United States Marshals, while engaged in the | 15 | | operation of their
official duties;
| 16 | | (2) Members of the Armed Forces of the United States or | 17 | | the National
Guard, while engaged in the operation of their | 18 | | official duties;
| 19 | | (3) Federal officials required to carry firearms, | 20 | | while engaged in the
operation of their official duties;
| 21 | | (4) Members of bona fide veterans organizations which | 22 | | receive firearms
directly from the armed forces of the | 23 | | United States, while using the
firearms for ceremonial | 24 | | purposes with blank ammunition;
| 25 | | (5) Nonresident hunters during hunting season, with | 26 | | valid nonresident
hunting licenses and while in an area |
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| 1 | | where hunting is permitted; however,
at all other times and | 2 | | in all other places these persons must have their
firearms | 3 | | unloaded and enclosed in a case;
| 4 | | (6) Those hunters exempt from obtaining a hunting | 5 | | license who are
required to submit their Firearm Owner's | 6 | | Identification Card when hunting
on Department of Natural | 7 | | Resources owned or managed sites;
| 8 | | (7) Nonresidents while on a firing or shooting range | 9 | | recognized by the
Department of State Police; however, | 10 | | these persons must at all other times
and in all other | 11 | | places have their firearms unloaded and enclosed in a case;
| 12 | | (8) Nonresidents while at a firearm showing or display | 13 | | recognized by
the Department of State Police; however, at | 14 | | all other times and in all
other places these persons must | 15 | | have their firearms unloaded and enclosed
in a case;
| 16 | | (9) Nonresidents whose firearms are unloaded and | 17 | | enclosed in a case;
| 18 | | (10) Nonresidents who are currently licensed or | 19 | | registered to possess a
firearm in their resident state;
| 20 | | (11) Unemancipated minors while in the custody and | 21 | | immediate control of
their parent or legal guardian or | 22 | | other person in loco parentis to the
minor if the parent or | 23 | | legal guardian or other person in loco parentis to
the | 24 | | minor has a currently valid Firearm Owner's Identification
| 25 | | Card;
| 26 | | (12) Color guards of bona fide veterans organizations |
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| 1 | | or members of bona
fide American Legion bands while using | 2 | | firearms for ceremonial purposes
with blank ammunition;
| 3 | | (13) Nonresident hunters whose state of residence does | 4 | | not require
them to be licensed or registered to possess a | 5 | | firearm and only during
hunting season, with valid hunting | 6 | | licenses, while accompanied by, and
using a firearm owned | 7 | | by, a person who possesses a valid Firearm Owner's
| 8 | | Identification Card and while in an area within a | 9 | | commercial club licensed
under the Wildlife Code where | 10 | | hunting is permitted and controlled, but in
no instance | 11 | | upon sites owned or managed by the Department of Natural
| 12 | | Resources;
| 13 | | (14) Resident hunters who are properly authorized to | 14 | | hunt and,
while accompanied by a person who possesses a | 15 | | valid Firearm Owner's
Identification Card, hunt in an area | 16 | | within a commercial club licensed
under the Wildlife Code | 17 | | where hunting is permitted and controlled;
| 18 | | (15) A person who is otherwise eligible to obtain a | 19 | | Firearm Owner's
Identification Card under this Act and is | 20 | | under the direct supervision of a
holder of a Firearm
| 21 | | Owner's Identification Card who is 21 years of age or older | 22 | | while the person is
on a firing or shooting range
or is a
| 23 | | participant in a firearms safety and training course | 24 | | recognized by a law
enforcement agency or a national, | 25 | | statewide shooting sports organization; and
| 26 | | (16) Competitive shooting athletes whose competition |
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| 1 | | firearms are sanctioned by the International Olympic | 2 | | Committee, the International Paralympic Committee, the | 3 | | International Shooting Sport Federation, or USA Shooting | 4 | | in connection with such athletes' training for and | 5 | | participation in shooting competitions at the 2016 Olympic | 6 | | and Paralympic Games and sanctioned test events leading up | 7 | | to the 2016 Olympic and Paralympic Games. | 8 | | (c) The provisions of this Section regarding the | 9 | | acquisition and possession
of firearms, pre-packaged explosive | 10 | | components, firearm ammunition, stun guns, and tasers do not | 11 | | apply to law enforcement officials
of this or any other | 12 | | jurisdiction, while engaged in the performance operation of | 13 | | their
official duties.
| 14 | | (c-5) The provisions of paragraphs (1) and (2) of | 15 | | subsection (a) of this Section regarding the possession of | 16 | | firearms
and firearm ammunition do not apply to the holder of a | 17 | | valid concealed carry
license issued under the Firearm | 18 | | Concealed Carry Act who is in physical
possession of the | 19 | | concealed carry license. | 20 | | (c-10) The provisions of paragraph (1) of subsection (a) of | 21 | | this Section regarding the acquisition and possession of | 22 | | pre-packaged explosive components do not apply to: | 23 | | (1) Members of the Armed Services or Reserves | 24 | | Forces of the United States or the Illinois National Guard | 25 | | while in the performance of their official duty. | 26 | | (2) Persons licensed under State and federal law to |
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| 1 | | manufacture, import, or sell pre-packaged explosive | 2 | | components, and actually engaged in that business, but only | 3 | | with respect to activities which are within the lawful | 4 | | scope of the business, including the manufacture, | 5 | | transportation, or testing of pre-packaged explosive | 6 | | components. | 7 | | (3) Contractors or subcontractors engaged in the | 8 | | manufacture, transport, testing, delivery, transfer or | 9 | | sale, and lawful experimental activities under a contract | 10 | | or subcontract for the development and supply of the | 11 | | product to the United States government or any branch of | 12 | | the Armed Forces of the United States, when those | 13 | | activities are necessary and incident to fulfilling the | 14 | | terms of the contract. The exemption granted under this | 15 | | paragraph (3) shall also apply to any authorized agent of | 16 | | any contractor or subcontractor described in this | 17 | | paragraph (3) who is operating within the scope of his or | 18 | | her employment, when the activities involving the | 19 | | pre-packaged explosive components are necessary and | 20 | | incident to fulfilling the terms of the contract. | 21 | | (4) Sales clerks or retail merchants selling or | 22 | | transferring pre-packaged explosive components. | 23 | | (d) Any person who becomes a resident of this State, who is | 24 | | not otherwise prohibited from obtaining, possessing, or using a | 25 | | firearm or firearm ammunition, shall not be required to have a | 26 | | Firearm Owner's Identification Card to possess firearms or |
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| 1 | | firearms ammunition until 60 calendar days after he or she | 2 | | obtains an Illinois driver's license or Illinois | 3 | | Identification Card. | 4 | | (Source: P.A. 99-29, eff. 7-10-15.)
| 5 | | (430 ILCS 65/3) (from Ch. 38, par. 83-3) | 6 | | Sec. 3. (a) Except as provided in Section 3a, no person may | 7 | | knowingly
transfer, or cause to be transferred, any firearm, | 8 | | pre-packaged explosive components, firearm ammunition, stun | 9 | | gun, or taser to any person within this State unless the
| 10 | | transferee with whom he deals displays either: (1) a currently | 11 | | valid Firearm Owner's
Identification Card which has previously | 12 | | been issued in his or her name by the
Department of State | 13 | | Police under the provisions of this Act; or (2) a currently | 14 | | valid license to carry a concealed firearm which has previously | 15 | | been issued in his or her name by the
Department of State | 16 | | Police under the Firearm Concealed Carry Act. In addition,
all | 17 | | firearm, stun gun, and taser transfers by federally licensed | 18 | | firearm dealers are subject
to Section 3.1. | 19 | | (a-5) Any person who is not a federally licensed firearm | 20 | | dealer and who desires to transfer or sell a firearm while that | 21 | | person is on the grounds of a gun show must, before selling or | 22 | | transferring the firearm, request the Department of State | 23 | | Police to conduct a background check on the prospective | 24 | | recipient of the firearm in accordance with Section 3.1.
| 25 | | (a-10) Notwithstanding item (2) of subsection (a) of this |
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| 1 | | Section, any person who is not a federally licensed firearm | 2 | | dealer and who desires to transfer or sell a firearm or | 3 | | firearms to any person who is not a federally licensed firearm | 4 | | dealer shall, before selling or transferring the firearms, | 5 | | contact the Department of State Police with the transferee's or | 6 | | purchaser's Firearm Owner's Identification Card number to | 7 | | determine the validity of the transferee's or purchaser's | 8 | | Firearm Owner's Identification Card. This subsection shall not | 9 | | be effective until January 1, 2014. The Department of State | 10 | | Police may adopt rules concerning the implementation of this | 11 | | subsection. The Department of State Police shall provide the | 12 | | seller or transferor an approval number if the purchaser's | 13 | | Firearm Owner's Identification Card is valid. Approvals issued | 14 | | by the Department for the purchase of a firearm pursuant to | 15 | | this subsection are valid for 30 days from the date of issue. | 16 | | (a-15) The provisions of subsection (a-10) of this Section | 17 | | do not apply to: | 18 | | (1) transfers that occur at the place of business of a | 19 | | federally licensed firearm dealer, if the federally | 20 | | licensed firearm dealer conducts a background check on the | 21 | | prospective recipient of the firearm in accordance with | 22 | | Section 3.1 of this Act and follows all other applicable | 23 | | federal, State, and local laws as if he or she were the | 24 | | seller or transferor of the firearm, although the dealer is | 25 | | not required to accept the firearm into his or her | 26 | | inventory. The purchaser or transferee may be required by |
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| 1 | | the federally licensed firearm dealer to pay a fee not to | 2 | | exceed $10 per firearm, which the dealer may retain as | 3 | | compensation for performing the functions required under | 4 | | this paragraph, plus the applicable fees authorized by | 5 | | Section 3.1; | 6 | | (2) transfers as a bona fide gift to the transferor's | 7 | | husband, wife, son, daughter, stepson, stepdaughter, | 8 | | father, mother, stepfather, stepmother, brother, sister, | 9 | | nephew, niece, uncle, aunt, grandfather, grandmother, | 10 | | grandson, granddaughter, father-in-law, mother-in-law, | 11 | | son-in-law, or daughter-in-law; | 12 | | (3) transfers by persons acting pursuant to operation | 13 | | of law or a court order; | 14 | | (4) transfers on the grounds of a gun show under | 15 | | subsection (a-5) of this Section; | 16 | | (5) the delivery of a firearm by its owner to a | 17 | | gunsmith for service or repair, the return of the firearm | 18 | | to its owner by the gunsmith, or the delivery of a firearm | 19 | | by a gunsmith to a federally licensed firearms dealer for | 20 | | service or repair and the return of the firearm to the | 21 | | gunsmith; | 22 | | (6) temporary transfers that occur while in the home of | 23 | | the unlicensed transferee, if the unlicensed transferee is | 24 | | not otherwise prohibited from possessing firearms and the | 25 | | unlicensed transferee reasonably believes that possession | 26 | | of the firearm is necessary to prevent imminent death or |
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| 1 | | great bodily harm to the unlicensed transferee; | 2 | | (7) transfers to a law enforcement or corrections | 3 | | agency or a law enforcement or corrections officer acting | 4 | | within the course and scope of his or her official duties; | 5 | | (8) transfers of firearms that have been rendered | 6 | | permanently inoperable to a nonprofit historical society, | 7 | | museum, or institutional collection; and | 8 | | (9) transfers to a person who is exempt from the | 9 | | requirement of possessing a Firearm Owner's Identification | 10 | | Card under Section 2 of this Act. | 11 | | (a-20) The Department of State Police shall develop an | 12 | | Internet-based system for individuals to determine the | 13 | | validity of a Firearm Owner's Identification Card prior to the | 14 | | sale or transfer of a firearm. The Department shall have the | 15 | | Internet-based system completed and available for use by July | 16 | | 1, 2015. The Department shall adopt rules not inconsistent with | 17 | | this Section to implement this system. | 18 | | (b) Any person within this State who transfers or causes to | 19 | | be
transferred any firearm, pre-packaged explosive components, | 20 | | stun gun, or taser shall keep a record of the such transfer for | 21 | | a period
of 10 years from the date of transfer. The Such record | 22 | | shall contain the date
of the transfer; the description, serial | 23 | | number or other information
identifying the firearm, | 24 | | pre-packaged explosive components, stun gun, or taser if no | 25 | | serial number is available; and, if the
transfer was completed | 26 | | within this State, the transferee's Firearm Owner's
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| 1 | | Identification Card number and any approval number or | 2 | | documentation provided by the Department of State Police under | 3 | | pursuant to subsection (a-10) of this Section. On or after | 4 | | January 1, 2006, the record shall contain the date of | 5 | | application for transfer of the firearm. On demand of a peace | 6 | | officer the such transferor
shall produce for inspection the | 7 | | such record of transfer. If the transfer or sale took place at | 8 | | a gun show, the record shall include the unique identification | 9 | | number. Failure to record the unique identification number or | 10 | | approval number is a petty offense.
| 11 | | (b-5) Any resident may purchase ammunition from a person | 12 | | within or outside of Illinois if shipment is by United States | 13 | | mail or by a private express carrier authorized by federal law | 14 | | to ship ammunition. Any resident purchasing ammunition within | 15 | | or outside the State of Illinois must provide the seller with a | 16 | | copy of his or her valid Firearm Owner's Identification Card or | 17 | | valid concealed carry license and either his or her Illinois | 18 | | driver's license or Illinois State Identification Card prior to | 19 | | the shipment of the ammunition. The ammunition may be shipped | 20 | | only to an address on either of those 2 documents. | 21 | | (c) The provisions of this Section regarding the transfer | 22 | | of firearm
ammunition shall not apply to those persons | 23 | | specified in paragraph (b) of
Section 2 of this Act. | 24 | | (Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15.) | 25 | | Section 10. The Criminal Code of 2012 is amended by |
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| 1 | | changing Section 24-1 and by adding Section 24-4.3 as follows:
| 2 | | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
| 3 | | Sec. 24-1. Unlawful use of weapons.
| 4 | | (a) A person commits the offense of unlawful use of weapons | 5 | | when
he knowingly:
| 6 | | (1) Sells, manufactures, purchases, possesses or | 7 | | carries any bludgeon,
black-jack, slung-shot, sand-club, | 8 | | sand-bag, metal knuckles or other knuckle weapon | 9 | | regardless of its composition, throwing star,
or any knife, | 10 | | commonly referred to as a switchblade knife, which has a
| 11 | | blade that opens automatically by hand pressure applied to | 12 | | a button,
spring or other device in the handle of the | 13 | | knife, or a ballistic knife,
which is a device that propels | 14 | | a knifelike blade as a projectile by means
of a coil | 15 | | spring, elastic material or compressed gas; or
| 16 | | (2) Carries or possesses with intent to use the same | 17 | | unlawfully
against another, a dagger, dirk, billy, | 18 | | dangerous knife, razor,
stiletto, broken bottle or other | 19 | | piece of glass, stun gun or taser or
any other dangerous or | 20 | | deadly weapon or instrument of like character; or
| 21 | | (3) Carries on or about his person or in any vehicle, a | 22 | | tear gas gun
projector or bomb or any object containing | 23 | | noxious liquid gas or
substance, other than an object | 24 | | containing a non-lethal noxious liquid gas
or substance | 25 | | designed solely for personal defense carried by a person 18
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| 1 | | years of age or older; or
| 2 | | (4) Carries or possesses in any vehicle or concealed on | 3 | | or about his
person except when on his land or in his own | 4 | | abode, legal dwelling, or fixed place of
business, or on | 5 | | the land or in the legal dwelling of another person as an | 6 | | invitee with that person's permission, any pistol, | 7 | | revolver, stun gun or taser or other firearm, except
that
| 8 | | this subsection (a) (4) does not apply to or affect | 9 | | transportation of weapons
that meet one of the following | 10 | | conditions:
| 11 | | (i) are broken down in a non-functioning state; or
| 12 | | (ii) are not immediately accessible; or
| 13 | | (iii) are unloaded and enclosed in a case, firearm | 14 | | carrying box,
shipping box, or other container by a | 15 | | person who has been issued a currently
valid Firearm | 16 | | Owner's
Identification Card; or | 17 | | (iv) are carried or possessed in accordance with | 18 | | the Firearm Concealed Carry Act by a person who has | 19 | | been issued a currently valid license under the Firearm | 20 | | Concealed Carry Act; or
| 21 | | (5) Sets a spring gun; or
| 22 | | (6) Possesses any device or attachment of any kind | 23 | | designed, used or
intended for use in silencing the report | 24 | | of any firearm; or
| 25 | | (7) Sells, manufactures, purchases, possesses or | 26 | | carries:
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| 1 | | (i) a machine gun, which shall be defined for the | 2 | | purposes of this
subsection as any weapon,
which | 3 | | shoots, is designed to shoot, or can be readily | 4 | | restored to shoot,
automatically more than one shot | 5 | | without manually reloading by a single
function of the | 6 | | trigger, including the frame or receiver
of any such | 7 | | weapon, or sells, manufactures, purchases, possesses, | 8 | | or
carries any combination of parts designed or | 9 | | intended for
use in converting any weapon into a | 10 | | machine gun, or any combination or
parts from which a | 11 | | machine gun can be assembled if such parts are in the
| 12 | | possession or under the control of a person;
| 13 | | (i-5) a trigger modification device. For purposes | 14 | | of this clause (i-5), "trigger modification device" | 15 | | means any part, or combination of parts, designed or | 16 | | intended to accelerate the rate of fire of a firearm, | 17 | | but does not convert the firearm into a machine gun, | 18 | | including, but not limited to: | 19 | | (A) any part, or combination of parts, | 20 | | designed or intended for use in modifying a firearm | 21 | | to use the recoil of the firearm to produce a rapid | 22 | | succession of trigger functions; or | 23 | | (B) any part, or combination of parts, | 24 | | designed or intended for use in modifying a firearm | 25 | | to produce multiple trigger functions through the | 26 | | use of an external mechanism; |
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| 1 | | (ii) any rifle having one or
more barrels less than | 2 | | 16 inches in length or a shotgun having one or more
| 3 | | barrels less than 18 inches in length or any weapon | 4 | | made from a rifle or
shotgun, whether by alteration, | 5 | | modification, or otherwise, if such a weapon
as | 6 | | modified has an overall length of less than 26 inches; | 7 | | or
| 8 | | (iii) any
bomb, bomb-shell, grenade, bottle or | 9 | | other container containing an
explosive substance of | 10 | | over one-quarter ounce for like purposes, such
as, but | 11 | | not limited to, black powder bombs and Molotov | 12 | | cocktails or
artillery projectiles; or
| 13 | | (8) Carries or possesses any firearm, stun gun or taser | 14 | | or other
deadly weapon in any place which is licensed to | 15 | | sell intoxicating
beverages, or at any public gathering | 16 | | held pursuant to a license issued
by any governmental body | 17 | | or any public gathering at which an admission
is charged, | 18 | | excluding a place where a showing, demonstration or lecture
| 19 | | involving the exhibition of unloaded firearms is | 20 | | conducted.
| 21 | | This subsection (a)(8) does not apply to any auction or | 22 | | raffle of a firearm
held pursuant to
a license or permit | 23 | | issued by a governmental body, nor does it apply to persons
| 24 | | engaged
in firearm safety training courses; or
| 25 | | (9) Carries or possesses in a vehicle or on or about | 26 | | his person any
pistol, revolver, stun gun or taser or |
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| 1 | | firearm or ballistic knife, when
he is hooded, robed or | 2 | | masked in such manner as to conceal his identity; or
| 3 | | (10) Carries or possesses on or about his person, upon | 4 | | any public street,
alley, or other public lands within the | 5 | | corporate limits of a city, village
or incorporated town, | 6 | | except when an invitee thereon or therein, for the
purpose | 7 | | of the display of such weapon or the lawful commerce in | 8 | | weapons, or
except when on his land or in his own abode, | 9 | | legal dwelling, or fixed place of business, or on the land | 10 | | or in the legal dwelling of another person as an invitee | 11 | | with that person's permission, any
pistol, revolver, stun | 12 | | gun or taser or other firearm, except that this
subsection | 13 | | (a) (10) does not apply to or affect transportation of | 14 | | weapons that
meet one of the following conditions:
| 15 | | (i) are broken down in a non-functioning state; or
| 16 | | (ii) are not immediately accessible; or
| 17 | | (iii) are unloaded and enclosed in a case, firearm | 18 | | carrying box,
shipping box, or other container by a | 19 | | person who has been issued a currently
valid Firearm | 20 | | Owner's
Identification Card; or
| 21 | | (iv) are carried or possessed in accordance with | 22 | | the Firearm Concealed Carry Act by a person who has | 23 | | been issued a currently valid license under the Firearm | 24 | | Concealed Carry Act. | 25 | | A "stun gun or taser", as used in this paragraph (a) | 26 | | means (i) any device
which is powered by electrical |
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| 1 | | charging units, such as, batteries, and
which fires one or | 2 | | several barbs attached to a length of wire and
which, upon | 3 | | hitting a human, can send out a current capable of | 4 | | disrupting
the person's nervous system in such a manner as | 5 | | to render him incapable of
normal functioning or (ii) any | 6 | | device which is powered by electrical
charging units, such | 7 | | as batteries, and which, upon contact with a human or
| 8 | | clothing worn by a human, can send out current capable of | 9 | | disrupting
the person's nervous system in such a manner as | 10 | | to render him incapable
of normal functioning; or
| 11 | | (11) Sells, manufactures or purchases any explosive | 12 | | bullet. For purposes
of this paragraph (a) "explosive | 13 | | bullet" means the projectile portion of
an ammunition | 14 | | cartridge which contains or carries an explosive charge | 15 | | which
will explode upon contact with the flesh of a human | 16 | | or an animal.
"Cartridge" means a tubular metal case having | 17 | | a projectile affixed at the
front thereof and a cap or | 18 | | primer at the rear end thereof, with the
propellant | 19 | | contained in such tube between the projectile and the cap; | 20 | | or
| 21 | | (12) (Blank); or
| 22 | | (13) Carries or possesses on or about his or her person | 23 | | while in a building occupied by a unit of government, a | 24 | | billy club, other weapon of like character, or other | 25 | | instrument of like character intended for use as a weapon. | 26 | | For the purposes of this Section, "billy club" means a |
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| 1 | | short stick or club commonly carried by police officers | 2 | | which is either telescopic or constructed of a solid piece | 3 | | of wood or other man-made material. | 4 | | (b) Sentence. A person convicted of a violation of | 5 | | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| 6 | | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | 7 | | Class A
misdemeanor.
A person convicted of a violation of | 8 | | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a | 9 | | person
convicted of a violation of subsection 24-1(a)(6) or | 10 | | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | 11 | | convicted of a violation of subsection
24-1(a)(7)(i) or | 12 | | 24-1(a)(7)(i-5) commits a Class 2 felony and shall be sentenced | 13 | | to a term of imprisonment of not less than 3 years and not more | 14 | | than 7 years, unless the weapon is possessed in the
passenger | 15 | | compartment of a motor vehicle as defined in Section 1-146 of | 16 | | the
Illinois Vehicle Code, or on the person, while the weapon | 17 | | is loaded, in which
case it shall be a Class X felony. A person | 18 | | convicted of a
second or subsequent violation of subsection | 19 | | 24-1(a)(4), 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a | 20 | | Class 3 felony. The possession of each weapon in violation of | 21 | | this Section constitutes a single and separate violation.
| 22 | | (c) Violations in specific places.
| 23 | | (1) A person who violates subsection 24-1(a)(6) or | 24 | | 24-1(a)(7) in any
school, regardless of the time of day or | 25 | | the time of year, in residential
property owned, operated | 26 | | or managed by a public housing agency or
leased by
a public |
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| 1 | | housing agency as part of a scattered site or mixed-income
| 2 | | development, in a
public park, in a courthouse, on the real | 3 | | property comprising any school,
regardless of the
time of | 4 | | day or the time of year, on residential property owned, | 5 | | operated
or
managed by a public housing agency
or leased by | 6 | | a public housing agency as part of a scattered site or
| 7 | | mixed-income development,
on the real property comprising | 8 | | any
public park, on the real property comprising any | 9 | | courthouse, in any conveyance
owned, leased or contracted | 10 | | by a school to
transport students to or from school or a | 11 | | school related activity, in any conveyance
owned, leased, | 12 | | or contracted by a public transportation agency, or on any
| 13 | | public way within 1,000 feet of the real property | 14 | | comprising any school,
public park, courthouse, public | 15 | | transportation facility, or residential property owned, | 16 | | operated, or managed
by a public housing agency
or leased | 17 | | by a public housing agency as part of a scattered site or
| 18 | | mixed-income development
commits a Class 2 felony and shall | 19 | | be sentenced to a term of imprisonment of not less than 3 | 20 | | years and not more than 7 years.
| 21 | | (1.5) A person who violates subsection 24-1(a)(4), | 22 | | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | 23 | | time of day or the time of year,
in residential property | 24 | | owned, operated, or managed by a public
housing
agency
or | 25 | | leased by a public housing agency as part of a scattered | 26 | | site or
mixed-income development,
in
a public
park, in a |
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| 1 | | courthouse, on the real property comprising any school, | 2 | | regardless
of the time of day or the time of year, on | 3 | | residential property owned,
operated, or managed by a | 4 | | public housing agency
or leased by a public housing agency | 5 | | as part of a scattered site or
mixed-income development,
on | 6 | | the real property
comprising any public park, on the real | 7 | | property comprising any courthouse, in
any conveyance | 8 | | owned, leased, or contracted by a school to transport | 9 | | students
to or from school or a school related activity, in | 10 | | any conveyance
owned, leased, or contracted by a public | 11 | | transportation agency, or on any public way within
1,000 | 12 | | feet of the real property comprising any school, public | 13 | | park, courthouse,
public transportation facility, or | 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 | | commits a Class 3 felony.
| 18 | | (2) A person who violates subsection 24-1(a)(1), | 19 | | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | 20 | | time of day or the time of year, in
residential property | 21 | | owned, operated or managed by a public housing
agency
or | 22 | | leased by a public housing agency as part of a scattered | 23 | | site or
mixed-income development,
in
a public park, in a | 24 | | courthouse, on the real property comprising any school,
| 25 | | regardless of the time of day or the time of year, on | 26 | | residential property
owned, operated or managed by a public |
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| 1 | | housing agency
or leased by a public housing agency as part | 2 | | of a scattered site or
mixed-income development,
on the | 3 | | real property
comprising any public park, on the real | 4 | | property comprising any courthouse, in
any conveyance | 5 | | owned, leased or contracted by a school to transport | 6 | | students
to or from school or a school related activity, in | 7 | | any conveyance
owned, leased, or contracted by a public | 8 | | transportation agency, or on any public way within
1,000 | 9 | | feet of the real property comprising any school, public | 10 | | park, courthouse,
public transportation facility, or | 11 | | residential property owned, operated, or managed by a | 12 | | public
housing agency or leased by a public housing agency | 13 | | as part of a scattered
site or mixed-income development | 14 | | commits a Class 4 felony. "Courthouse"
means any building | 15 | | that is used by the Circuit, Appellate, or Supreme Court of
| 16 | | this State for the conduct of official business.
| 17 | | (3) Paragraphs (1), (1.5), and (2) of this subsection | 18 | | (c) shall not
apply to law
enforcement officers or security | 19 | | officers of such school, college, or
university or to | 20 | | students carrying or possessing firearms for use in | 21 | | training
courses, parades, hunting, target shooting on | 22 | | school ranges, or otherwise with
the consent of school | 23 | | authorities and which firearms are transported unloaded
| 24 | | enclosed in a suitable case, box, or transportation | 25 | | package.
| 26 | | (4) For the purposes of this subsection (c), "school" |
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| 1 | | means any public or
private elementary or secondary school, | 2 | | community college, college, or
university.
| 3 | | (5) For the purposes of this subsection (c), "public | 4 | | transportation agency" means a public or private agency | 5 | | that provides for the transportation or conveyance of
| 6 | | persons by means available to the general public, except | 7 | | for transportation
by automobiles not used for conveyance | 8 | | of the general public as passengers; and "public | 9 | | transportation facility" means a terminal or other place
| 10 | | where one may obtain public transportation.
| 11 | | (d) The presence in an automobile other than a public | 12 | | omnibus of any
weapon, instrument or substance referred to in | 13 | | subsection (a)(7) is
prima facie evidence that it is in the | 14 | | possession of, and is being
carried by, all persons occupying | 15 | | such automobile at the time such
weapon, instrument or | 16 | | substance is found, except under the following
circumstances: | 17 | | (i) if such weapon, instrument or instrumentality is
found upon | 18 | | the person of one of the occupants therein; or (ii) if such
| 19 | | weapon, instrument or substance is found in an automobile | 20 | | operated for
hire by a duly licensed driver in the due, lawful | 21 | | and proper pursuit of
his trade, then such presumption shall | 22 | | not apply to the driver.
| 23 | | (e) Exemptions. | 24 | | (1) Crossbows, Common or Compound bows and Underwater
| 25 | | Spearguns are exempted from the definition of ballistic | 26 | | knife as defined in
paragraph (1) of subsection (a) of this |
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| 1 | | Section. | 2 | | (2) The provision of paragraph (1) of subsection (a) of | 3 | | this Section prohibiting the sale, manufacture, purchase, | 4 | | possession, or carrying of any knife, commonly referred to | 5 | | as a switchblade knife, which has a
blade that opens | 6 | | automatically by hand pressure applied to a button,
spring | 7 | | or other device in the handle of the knife, does not apply | 8 | | to a person who possesses a currently valid Firearm Owner's | 9 | | Identification Card previously issued in his or her name by | 10 | | the Department of State Police or to a person or an entity | 11 | | engaged in the business of selling or manufacturing | 12 | | switchblade knives.
| 13 | | (Source: P.A. 99-29, eff. 7-10-15; 100-82, eff. 8-11-17.)
| 14 | | (720 ILCS 5/24-4.3 new) | 15 | | Sec. 24-4.3. Unlawful sale or delivery of pre-packaged | 16 | | explosive components. | 17 | | (a) A person commits unlawful sale or delivery of | 18 | | pre-packaged explosive components when he or she knowingly does | 19 | | any of the following: | 20 | | (1) Sells or gives pre-packaged explosive components | 21 | | to a person who is disqualified under the Firearm Owners | 22 | | Identification Card Act. | 23 | | (2) Sells or transfers pre-packaged explosive | 24 | | components to a person who does not display to the seller | 25 | | or transferor of the pre-packaged explosive components a |
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| 1 | | currently valid Firearm Owner's Identification Card that | 2 | | has previously been issued in the transferee's name by the | 3 | | Department of State Police under the Firearm Owners | 4 | | Identification Card Act. This paragraph (2) does not apply | 5 | | to the transfer of pre-packaged explosive components to a | 6 | | person who is exempt from the requirement of possessing a | 7 | | Firearm Owner's Identification Card under Section 2 of the | 8 | | Firearm Owners Identification Card Act. For the purposes of | 9 | | this Section, a currently valid Firearm Owner's | 10 | | Identification Card means a Firearm Owner's Identification | 11 | | Card that has not expired. | 12 | | (3) Sells or gives pre-packaged explosive components | 13 | | while engaged in the business of selling pre-packaged | 14 | | explosive components at wholesale or retail without being | 15 | | licensed as a federal firearms dealer under Section 923 of | 16 | | the federal Gun Control Act of 1968 (18 U.S.C. 923). In | 17 | | this paragraph (3), a person "engaged in the business" | 18 | | means a person who devotes time, attention, and labor to | 19 | | engaging in the activity as a regular course of trade or | 20 | | business with the principal objective of livelihood and | 21 | | profit. | 22 | | (b) For the purposes of this Section, "pre-packaged | 23 | | explosive components" means a pre-packaged product containing | 24 | | 2 or more unmixed, commercially manufactured chemical | 25 | | substances that are not independently classified as explosives | 26 | | but which when mixed or combined, results in an explosive |
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| 1 | | material subject to regulation by the federal Bureau of | 2 | | Alcohol, Tobacco, Firearms, and Explosives under Title 27 CFR | 3 | | Part 555. | 4 | | (c) All sellers or transferors who have complied with the | 5 | | requirements of this Section shall not be liable for damages in | 6 | | any civil action arising from the use or misuse by the | 7 | | transferee of the pre-packaged explosive components | 8 | | transferred, except for willful or wanton misconduct on the | 9 | | part of the seller or transferor. | 10 | | (d) Sentence. Any person who is convicted of unlawful sale | 11 | | or delivery of pre-packaged explosive components commits a | 12 | | Class 4 felony.
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 430 ILCS 65/1 | from Ch. 38, par. 83-1 | | 4 | | 430 ILCS 65/1.1 | from Ch. 38, par. 83-1.1 | | 5 | | 430 ILCS 65/2 | from Ch. 38, par. 83-2 | | 6 | | 430 ILCS 65/3 | from Ch. 38, par. 83-3 | | 7 | | 720 ILCS 5/24-1 | from Ch. 38, par. 24-1 | | 8 | | 720 ILCS 5/24-4.3 new | |
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