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90_HB0916
430 ILCS 65/1.1 from Ch. 38, par. 83-1.1
430 ILCS 65/3 from Ch. 38, par. 83-3
430 ILCS 65/4 from Ch. 38, par. 83-4
430 ILCS 65/6.1 new
430 ILCS 65/14 from Ch. 38, par. 83-14
720 ILCS 5/2-7.1 new
720 ILCS 5/2-7.2 new
720 ILCS 5/2-23 new
720 ILCS 5/5-2 from Ch. 38, par. 5-2
720 ILCS 5/16-1 from Ch. 38, par. 16-1
720 ILCS 5/16-16 new
720 ILCS 5/16-16.1 new
720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1
720 ILCS 5/24-3 from Ch. 38, par. 24-3
720 ILCS 5/24-3A
Amends the Firearm Owners Identification Card Act by
adding and changing provisions relating to transfers of
firearms, the counterfeiting and altering of Firearm Owners
Identification Cards, penalties, and other matters. Amends
the Criminal Code of 1961 by adding and changing various
firearms offenses and penalties.
LRB9002575RCksA
LRB9002575RCksA
1 AN ACT in relation to criminal justice, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Firearm Owners Identification Card Act is
6 amended by changing Sections 1.1, 3, 4, and 14 and adding
7 Section 6.1 as follows:
8 (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
9 Sec. 1.1. For purposes of this Act:
10 "Counterfeit" means to copy or imitate, without legal
11 authority, with intent to deceive.
12 "Firearm" means any device, by whatever name known, which
13 is designed to expel a projectile or projectiles by the
14 action of an explosion, expansion of gas or escape of gas;
15 excluding, however:
16 (1) any pneumatic gun, spring gun, paint ball gun
17 or B-B gun which either expels a single globular
18 projectile not exceeding .18 inch in diameter and which
19 has a maximum muzzle velocity of less than 700 feet per
20 second or breakable paint balls containing washable
21 marking colors;
22 (2) any device used exclusively for signalling or
23 safety and required or recommended by the United States
24 Coast Guard or the Interstate Commerce Commission; or
25 (3) any device used exclusively for the firing of
26 stud cartridges, explosive rivets or similar industrial
27 ammunition;
28 (4) an antique firearm (other than a machine-gun)
29 which, although designed as a weapon, the Department of
30 State Police finds by reason of the date of its
31 manufacture, value, design, and other characteristics is
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1 primarily a collector's item and is not likely to be used
2 as a weapon.
3 "Firearm Ammunition" means any self-contained cartridge
4 or shotgun shell, by whatever name known, which is designed
5 to be used or adaptable to use in a firearm; excluding,
6 however:
7 (1) any ammunition exclusively designed for use
8 with a device used exclusively for signalling or safety
9 and required or recommended by the United States Coast
10 Guard or the Interstate Commerce Commission; or
11 (2) any ammunition designed exclusively for use
12 with a stud or rivet driver or other similar industrial
13 ammunition.
14 "Transfer" means the actual, constructive or attempted
15 transfer of a firearm or firearm ammunition, with or without
16 consideration, whether or not there is an agency
17 relationship.
18 (Source: P.A. 86-349; 86-1265.)
19 (430 ILCS 65/3) (from Ch. 38, par. 83-3)
20 Sec. 3. (a) Except as provided in Section 3a, no person
21 within this State may knowingly transfer, or cause to be
22 transferred, any firearm or any firearm ammunition to any
23 person within this State unless the transferee with whom he
24 deals displays a currently valid Firearm Owner's
25 Identification Card which has previously been issued in his
26 name by the Department of State Police under the provisions
27 of this Act. In addition, all firearm transfers by federally
28 licensed firearm dealers are subject to Section 3.1. The
29 person transferring the firearm or firearm ammunition shall,
30 at the time of the transfer, personally inspect the Firearm
31 Owner's Identification Card to verify the identity of the
32 person to whom the firearm or firearm ammunition is being
33 transferred.
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1 (b) Any person within this State who transfers or causes
2 to be transferred any firearm shall keep a record of such
3 transfer for a period of 10 years from the date of transfer.
4 Such record shall contain the date of the transfer; the
5 description, serial number or other information identifying
6 the firearm if no serial number is available; the name and
7 address of the person to whom the firearm is being
8 transferred; and, if the transfer was completed within this
9 State, the transferee's Firearm Owner's Identification Card
10 number. The record of transfer shall be made at the time of
11 transfer. On demand of a peace officer such transferor shall
12 produce for inspection such record of transfer.
13 (c) The provisions of this Section regarding the
14 transfer of firearm ammunition shall not apply to those
15 persons specified in paragraph (b) of Section 2 of this Act.
16 (d) Sentence. (1) Except as set forth in paragraph (2)
17 of this subsection (d), a person who violates subsection (a)
18 by transferring or causing to be transferred in this State
19 any firearm to a person he or she knows or has reasonable
20 cause to believe does not possess a valid Firearm Owner's
21 Identification Card is guilty of a Class 4 felony. A person
22 who commits more than one violation of subsection (a) as
23 described in this Section:
24 (A) is guilty of a Class 3 felony for transfer of
25 not less than 2 firearms and not more than 5 firearms at
26 the same time or within a one year period;
27 (B) is guilty of a Class 2 felony for transfer of
28 not less than 6 firearms and not more than 10 firearms at
29 the same time or within a 2 year period;
30 (C) is guilty of a Class 1 felony for transfer of
31 not less than 11 firearms and not more than 20 firearms
32 at the same time or within a 3 year period;
33 (D) is guilty of a Class X felony for which the
34 person shall be sentenced to a term of imprisonment of no
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1 less than 6 years and not more than 30 years for transfer
2 of not less than 21 firearms and not more than 30
3 firearms at the same time or within a 4 year period;
4 (E) is guilty of a Class X felony for which the
5 person shall be sentenced to a term of imprisonment of
6 not less than 6 years and not more than 40 years for
7 transfer of not less than 31 firearms and not more than
8 40 firearms at the same time or within a 5 year period;
9 (F) is guilty of a Class X felony for which the
10 person shall be sentenced to a term of imprisonment of
11 not less than 6 years and not more than 50 years for
12 transfer of more than 40 firearms at the same time or
13 within a 6 year period.
14 (2) A person who violates subsection (a) by transferring
15 or causing to be transferred in this State any firearm to a
16 person he or she knows or has reasonable cause to know does
17 not possess a valid Firearm Owner's Identification Card is
18 guilty of a Class A misdemeanor if the person proves that the
19 transfer of the firearm was to a member of the person's
20 immediate family who is over the age of 18. For the purposes
21 of this paragraph (2), "immediate family" means the person's
22 spouse, parent, brother, sister, uncle, aunt, child, or
23 grandchild.
24 (3) A person who violates subsection (a) by transferring
25 or causing to be transferred in this State any firearm
26 ammunition to a person he or she knows or has reasonable
27 cause to believe does not possess a currently valid Firearm
28 Owners Identification Card is guilty of a Class A misdemeanor
29 for a first conviction, a Class 4 felony for a second
30 conviction, and a Class 3 felony for a third or subsequent
31 conviction.
32 (4) A person who violates subsection (b) by failing to
33 keep records is guilty of a Class A misdemeanor if the
34 failure to keep records is not willful. A person who
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1 willfully fails to keep records of the transfer of a firearm
2 is guilty of a Class 4 felony. A person who willfully fails
3 to keep records relating to the transfer of more than one
4 firearm:
5 (A) is guilty of a Class 3 felony for transfer of
6 not less than 2 firearms and not more than 5 firearms at
7 the same time or within a 1 year period;
8 (B) is guilty of a Class 2 felony for transfer of
9 not less than 6 firearms and not more than 10 firearms at
10 the same time or within a 2 year period;
11 (C) is guilty of a Class 1 felony for transfer of
12 not less than 11 firearms and not more than 20 firearms
13 at the same time or within a 3 year period;
14 (D) is guilty of a Class X felony for which the
15 person shall be sentenced to a term of imprisonment of
16 not less than 6 years and not more than 30 years for
17 transfer of not less than 21 firearms and not more than
18 30 firearms at the same time or within a 4 year period;
19 (E) is guilty of a Class X felony for which the
20 person shall be sentenced to a term of imprisonment of
21 not less than 6 years and not more than 40 years for
22 transfer of not less than 31 firearms and not more than
23 40 firearms at the same time or within a 5 year period;
24 (F) is guilty of a Class X felony for which the
25 person shall be sentenced to a term of imprisonment of
26 not less than 6 years and not more than 50 years for
27 transfer of more than 40 firearms at the same time or
28 within a 6 year period.
29 (Source: P.A. 87-299.)
30 (430 ILCS 65/4) (from Ch. 38, par. 83-4)
31 Sec. 4. (a) Each applicant for a Firearm Owner's
32 Identification Card shall:
33 (1) Make application on blank forms prepared and
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1 furnished at convenient locations throughout the State by
2 the Department of State Police; and
3 (2) Submit evidence under penalty of perjury to the
4 Department of State Police that:
5 (i) He is 21 years of age or over, or if he is
6 under 21 years of age that he has the written
7 consent of his parent or legal guardian to possess
8 and acquire firearms and firearm ammunition and that
9 he has never been convicted of a misdemeanor other
10 than a traffic offense or adjudged delinquent,
11 provided, however, that such parent or legal
12 guardian is not an individual prohibited from having
13 a Firearm Owner's Identification Card and files an
14 affidavit with the Department as prescribed by the
15 Department stating that he is not an individual
16 prohibited from having a Card;
17 (ii) He has not been convicted of a felony
18 under the laws of this or any other jurisdiction;
19 (iii) He is not addicted to narcotics;
20 (iv) He has not been a patient in a mental
21 institution within the past 5 years;
22 (v) He is not mentally retarded;
23 (vi) He is not an alien who is unlawfully
24 present in the United States under the laws of the
25 United States;
26 (vii) He or she is not subject to an existing
27 order of protection prohibiting him or her from
28 possessing a firearm; and
29 (viii) He or she has not been convicted within
30 the past 5 years of domestic battery, battery,
31 assault, aggravated assault, violation of an order
32 of protection, or a substantially similar offense in
33 another jurisdiction, in which a firearm was used or
34 possessed.
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1 (a-5) The application shall require the applicant to
2 list his or her social security number, the full maiden name
3 of his or her mother or other code name information
4 prescribed by the Director of State Police by rule, and his
5 or her driver's license number or State identification card
6 number.
7 (b) Each application form shall include the following
8 statement printed in bold type: "Warning: False statements
9 of the applicant shall result in prosecution for perjury in
10 accordance with Section 32-2 of the Criminal Code of 1961.".
11 (c) Upon such written consent, pursuant to Section 4,
12 paragraph (a) (2) (i), the parent or legal guardian giving
13 the consent shall be liable for any damages resulting from
14 the applicant's use of firearms or firearm ammunition.
15 (Source: P.A. 88-680, eff. 1-1-95; 89-367, eff. 1-1-96.)
16 (430 ILCS 65/6.1 new)
17 Sec. 6.1. Altered, forged or counterfeit Firearm Owner's
18 Identification Cards.
19 (a) Any person who forges or materially alters a Firearm
20 Owner's Identification Card or who counterfeits a Firearm
21 Owner's Identification Card commits a Class 2 felony.
22 (b) Any person who possesses a Firearm Owner's
23 Identification Card with knowledge that it has been forged or
24 materially altered commits a Class 2 felony. A person who
25 possesses a Firearm Owner's Identification Card with
26 knowledge that it is counterfeit commits a Class 2 felony.
27 (430 ILCS 65/14) (from Ch. 38, par. 83-14)
28 Sec. 14. Sentence.
29 (a) A violation of paragraph (1) of subsection (a) of
30 Section 2, when the person's Firearm Owner's Identification
31 Card is expired but the person is not otherwise disqualified
32 from renewing the card, is a Class A misdemeanor.
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1 (b) Except as provided in subsection (a) with respect to
2 an expired card, a violation of paragraph (1) of subsection
3 (a) of Section 2 is a Class A misdemeanor when the person
4 does not possess a currently valid Firearm Owner's
5 Identification Card, but is otherwise eligible under this
6 Act. A second or subsequent violation is a Class 4 felony.
7 (c) A violation of paragraph (1) of subsection (a) of
8 Section 2 is a Class 3 felony when:
9 (1) the person's Firearm Owner's Identification
10 Card is revoked or subject to revocation under Section 8;
11 or
12 (2) the person's Firearm Owner's Identification
13 Card is expired and not otherwise eligible for renewal
14 under this Act; or
15 (3) the person does not possess a currently valid
16 Firearm Owner's Identification Card, and the person is
17 not otherwise eligible under this Act.
18 (d) A violation of subsection (a) of Section 3 is a
19 Class 4 felony.
20 (e) Except as otherwise provided in Section 3, any other
21 violation of this Act is a Class A misdemeanor.
22 (Source: P.A. 88-680, eff. 1-1-95; 89-377, eff. 8-18-95.)
23 Section 10. The Criminal Code of 1961 is amended by
24 changing Sections 5-2, 16-1, 24-1.1, 24-3, and 24-3A and
25 adding Sections 2-7.1, 2-7.2, 2-23, 16-16, and 16-16.1 as
26 follows:
27 (720 ILCS 5/2-7.1 new)
28 Sec. 2-7.1. "Firearm". "Firearm" has the meaning
29 ascribed to that term in Section 1.1 of the Firearm Owners
30 Identification Card Act.
31 (720 ILCS 5/2-7.2 new)
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1 Sec. 2-7.2. "Firearm ammunition". "Firearm ammunition"
2 means any self-contained cartridge or shotgun shell, by
3 whatever name known, which is designed to be used or
4 adaptable to use in a firearm; excluding, however:
5 (1) any ammunition exclusively designed for use
6 with a device used exclusively for signalling or safety
7 and required or recommended by the United States Coast
8 Guard or the Interstate Commerce Commission; or
9 (2) any ammunition designed exclusively for use
10 with a stud or rivet driver or other similar industrial
11 ammunition.
12 (720 ILCS 5/2-23 new)
13 Sec. 2-23. "Transfer". "Transfer" means the actual,
14 constructive, or attempted transfer of an item, with or
15 without consideration, whether or not there is an agency
16 relationship.
17 (720 ILCS 5/5-2) (from Ch. 38, par. 5-2)
18 Sec. 5-2. When accountability exists.
19 A person is legally accountable for the conduct of
20 another when:
21 (a) Having a mental state described by the statute
22 defining the offense, he causes another to perform the
23 conduct, and the other person in fact or by reason of legal
24 incapacity lacks such a mental state; or
25 (b) The statute defining the offense makes him so
26 accountable; or
27 (c) Either before or during the commission of an
28 offense, and with the intent to promote or facilitate such
29 commission, he solicits, aids, abets, agrees or attempts to
30 aid, such other person in the planning or commission of the
31 offense. However, a person is not so accountable, unless the
32 statute defining the offense provides otherwise, if:
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1 (1) He is a victim of the offense committed; or
2 (2) The offense is so defined that his conduct was
3 inevitably incident to its commission; or
4 (3) Before the commission of the offense, he
5 terminates his effort to promote or facilitate such
6 commission, and does one of the following: wholly deprives
7 his prior efforts of effectiveness in such commission, or
8 gives timely warning to the proper law enforcement
9 authorities, or otherwise makes proper effort to prevent the
10 commission of the offense; or .
11 (d) He or she transfers a firearm, firearm ammunition,
12 or other dangerous weapon, explosive or device to a person
13 the transferor knows intends to use the firearm, firearm
14 ammunition, weapon, explosive, or device in the commission of
15 an offense.
16 (Source: Laws 1961, p. 1983.)
17 (720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
18 Sec. 16-1. Theft.
19 (a) A person commits theft when he knowingly:
20 (1) Obtains or exerts unauthorized control over
21 property of the owner; or
22 (2) Obtains by deception control over property of
23 the owner; or
24 (3) Obtains by threat control over property of the
25 owner; or
26 (4) Obtains control over stolen property knowing
27 the property to have been stolen or under such
28 circumstances as would reasonably induce him to believe
29 that the property was stolen; or
30 (5) Obtains or exerts control over property in the
31 custody of any law enforcement agency which is explicitly
32 represented to him by any law enforcement officer or any
33 individual acting in behalf of a law enforcement agency
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1 as being stolen, and
2 (A) Intends to deprive the owner permanently
3 of the use or benefit of the property; or
4 (B) Knowingly uses, conceals or abandons the
5 property in such manner as to deprive the owner
6 permanently of such use or benefit; or
7 (C) Uses, conceals, or abandons the property
8 knowing such use, concealment or abandonment
9 probably will deprive the owner permanently of such
10 use or benefit.
11 The term "firearm" for the purposes of this Section has
12 the meaning ascribed to it in Section 1.1 of the Firearm
13 Owners Identification Card Act.
14 (b) Sentence.
15 (1) Theft of property, other than a firearm, not
16 from the person and not exceeding $300 in value is a
17 Class A misdemeanor.
18 (2) A person who has been convicted of theft of
19 property not exceeding $300 in value, other than a
20 firearm and not from the person, who has been previously
21 convicted of any type of theft, robbery, armed robbery,
22 burglary, residential burglary, possession of burglary
23 tools or home invasion is guilty of a Class 4 felony.
24 When a person has any such prior conviction, the
25 information or indictment charging that person shall
26 state such prior conviction so as to give notice of the
27 State's intention to treat the charge as a felony. The
28 fact of such prior conviction is not an element of the
29 offense and may not be disclosed to the jury during trial
30 unless otherwise permitted by issues properly raised
31 during such trial.
32 (3) (Blank). Theft of a firearm not from the person
33 regardless of value is a Class 4 felony. A second or
34 subsequent such offense is a Class 3 felony.
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1 (4) Theft of property from the person not exceeding
2 $300 in value, or theft of property exceeding $300 and
3 not exceeding $10,000 in value, is a Class 3 felony.
4 (5) Theft of property exceeding $10,000 and not
5 exceeding $100,000 in value is a Class 2 felony.
6 (6) Theft of property exceeding $100,000 in value
7 is a Class 1 felony.
8 (7) Theft by deception, as described by paragraph
9 (2) of subsection (a) of this Section, in which the
10 offender obtained money or property valued at $5,000 or
11 more from a victim 60 years of age or older is a Class 2
12 felony.
13 (c) When a charge of theft of property exceeding a
14 specified value is brought, the value of the property
15 involved is an element of the offense to be resolved by the
16 trier of fact as either exceeding or not exceeding the
17 specified value.
18 (Source: P.A. 89-377, eff. 8-18-95.)
19 (720 ILCS 5/16-16 new)
20 Sec. 16-16. Possession of a stolen firearm.
21 (a) A person commits possession of a stolen firearm when
22 he or she, not being entitled to the possession of a firearm,
23 possesses or delivers the firearm, knowing it to have been
24 stolen or converted. It may be inferred that a person who
25 possesses a firearm with knowledge that its serial number has
26 been removed or altered has knowledge that the firearm is
27 stolen or converted.
28 (b) Possession of a stolen firearm is a Class 2 felony.
29 (720 ILCS 5/16-16.1 new)
30 Sec. 16-16.1. Aggravated possession of a stolen firearm.
31 (a) A person commits aggravated possession of a stolen
32 firearm when he or she:
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1 (1) Not being entitled to the possession of not
2 less than 2 and not more than 5 firearms, possesses or
3 delivers those firearms at the same time or within a 1
4 year period, knowing the firearms to have been stolen or
5 converted.
6 (2) Not being entitled to the possession of not
7 less than 6 and not more than 10 firearms, possesses or
8 delivers those firearms at the same time or within a 2
9 year period, knowing the firearms to have been stolen or
10 converted.
11 (3) Not being entitled to the possession of not
12 less than 11 and not more than 20 firearms, possesses or
13 delivers those firearms at the same time or within a 3
14 year period, knowing the firearms to have been stolen or
15 converted.
16 (4) Not being entitled to the possession of not
17 less than 21 and not more than 30 firearms, possesses or
18 delivers those firearms at the same time or within a 4
19 year period, knowing the firearms to have been stolen or
20 converted.
21 (5) Not being entitled to the possession of not
22 less than 31 and not more than 40 firearms, possesses or
23 delivers those firearms at the same time or within a 5
24 year period, knowing the firearms to have been stolen or
25 converted.
26 (6) Not being entitled to the possession of more
27 than 40 firearms possesses or delivers those firearms at
28 the same time or within a 6 year period, knowing the
29 firearms to have been stolen or converted.
30 (b) It may be inferred that a person who possesses a
31 firearm with knowledge that its serial number has been
32 removed or altered has knowledge that the firearm is stolen
33 or converted.
34 (c) Sentence.
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1 (1) A person who violates paragraph (1) of
2 subsection (a) of this Section commits a Class 2 felony.
3 (2) A person who violates paragraph (2) of
4 subsection (a) of this Section commits a Class 1 felony.
5 (3) A person who violates paragraph (3) of
6 subsection (a) of this Section commits a Class X felony
7 for which he or she shall be sentenced to a term of
8 imprisonment of not less than 6 years and not more than
9 30 years.
10 (4) A person who violates paragraph (4) of
11 subsection (a) of this Section commits a Class X felony
12 for which he or she shall be sentenced to a term of
13 imprisonment of not less than 6 years and not more than
14 40 years.
15 (5) A person who violates paragraph (5) of
16 subsection (a) of this Section commits a Class X felony
17 for which he or she shall be sentenced to a term of
18 imprisonment of not less than 6 years and not more than
19 50 years.
20 (6) A person who violates paragraph (6) of
21 subsection (a) of this Section commits a Class X felony
22 for which he or she shall be sentenced to a term of
23 imprisonment of not less than 6 years and not more than
24 60 years.
25 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
26 Sec. 24-1.1. Unlawful Use or Possession of Weapons by
27 Felons or Persons in the Custody of the Department of
28 Corrections Facilities.
29 (a) It is unlawful for a person to knowingly possess on
30 or about his person or on his land or in his own abode or
31 fixed place of business any weapon prohibited under Section
32 24-1 of this Act or any firearm or any firearm ammunition if
33 the person has been convicted of a felony under the laws of
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1 this State or any other jurisdiction. This Section shall not
2 apply if the person has been granted relief by the Director
3 of the Department of State Police under Section 10 of the
4 Firearm Owners Identification Card Act.
5 (b) It is unlawful for any person confined in a penal
6 institution, which is a facility of the Illinois Department
7 of Corrections, to possess any weapon prohibited under
8 Section 24-1 of this Code or any firearm or firearm
9 ammunition, regardless of the intent with which he possesses
10 it.
11 (c) It shall be an affirmative defense to a violation of
12 subsection (b), that such possession was specifically
13 authorized by rule, regulation, or directive of the Illinois
14 Department of Corrections or order issued pursuant thereto.
15 (d) The defense of necessity is not available to a
16 person who is charged with a violation of subsection (b) of
17 this Section.
18 (e) Sentence. Violation of this Section by a person not
19 confined in a penal institution shall be a Class 3 felony for
20 which the person, if sentenced to a term of imprisonment,
21 shall be sentenced to no less than 2 years and no more than
22 10 years. Violation of this Section by a person not confined
23 in a penal institution who has been convicted of a forcible
24 felony, a felony violation of Article 24 of this Code or of
25 the Firearm Owners Identification Card Act, stalking or
26 aggravated stalking, or a Class 2 or greater felony under the
27 Illinois Controlled Substances Act or the Cannabis Control
28 Act is a Class 2 felony for which the person, if sentenced to
29 a term of imprisonment, shall be sentenced to not less than 3
30 years and not more than 14 years. Violation of this Section
31 by a person who is on parole or mandatory supervised release
32 is a Class 2 felony for which the person, if sentenced to a
33 term of imprisonment, shall be sentenced to not less than 3
34 years and not more than 14 years. Violation of this Section
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1 by a person not confined in a penal institution is a Class X
2 felony when the firearm possessed is a machine gun. Any
3 person who violates this Section while confined in a penal
4 institution, which is a facility of the Illinois Department
5 of Corrections, is guilty of a Class 1 felony, if he
6 possesses any weapon prohibited under Section 24-1 of this
7 Code regardless of the intent with which he possesses it, and
8 a Class X felony if he possesses any firearm, firearm
9 ammunition or explosive and a Class X felony for which the
10 offender shall be sentenced to not less than 12 years and not
11 more than 50 years where the firearm possessed is a machine
12 gun.
13 (Source: P.A. 88-300.)
14 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
15 Sec. 24-3. Unlawful transfer Sale of firearms. A person
16 commits the offense of unlawful transfer sale of firearms
17 when he or she knowingly:
18 (a) Transfers or possesses with intent to transfer Sells
19 or gives any firearm of a size which may be concealed upon
20 the person to any person he or she knows or has reasonable
21 cause to believe is under 18 years of age; or
22 (b) Transfers or possesses with intent to transfer Sells
23 or gives any firearm to a person he or she knows or has
24 reasonable cause to believe is under 21 years of age who has
25 been convicted of a misdemeanor other than a traffic offense
26 or adjudged delinquent; or
27 (c) Transfers or possesses with intent to transfer Sells
28 or gives any firearm to any person he or she knows or has
29 reasonable cause to believe is a narcotic addict; or
30 (d) Transfers or possesses with intent to transfer Sells
31 or gives any firearm to any person he or she knows or has
32 reasonable cause to believe who has been convicted of a
33 felony under the laws of this or any other jurisdiction; or
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1 (e) Transfers or possesses with intent to transfer Sells
2 or gives any firearm to any person he or she knows or has
3 reasonable cause to believe who has been a patient in a
4 mental hospital within the past 5 years; or
5 (f) Transfers or possesses with intent to transfer Sells
6 or gives any firearms to any person he or she knows or has
7 reasonable cause to believe who is mentally retarded; or
8 (g) Knowingly transfers delivers any firearm of a size
9 which may be concealed upon the person, incidental to a sale,
10 without withholding delivery of such firearm for at least 72
11 hours after application for its purchase has been made, or
12 delivers any rifle, shotgun or other long gun, incidental to
13 a sale, without withholding delivery of such rifle, shotgun
14 or other long gun for at least 24 hours after application for
15 its purchase has been made. However, this paragraph shall not
16 apply to: (1) the sale of a firearm to a law enforcement
17 officer or a person who desires to purchase a firearm for use
18 in promoting the public interest incident to his employment
19 as a bank guard, armed truck guard, or other similar
20 employment; or (2) a mail order sale of a firearm to a
21 nonresident of Illinois under which the firearm is mailed to
22 a point outside the boundaries of Illinois; or (3) the sale
23 of a firearm to a nonresident of Illinois while at a firearm
24 showing or display recognized by the Illinois Department of
25 State Police; or (4) the sale of a firearm to a dealer
26 licensed under the Federal Firearms Act of the United States;
27 or
28 (h) While holding any license under the Federal "Gun
29 Control Act of 1968", as amended, as a dealer, importer,
30 manufacturer or pawnbroker; knowingly manufactures, sells or
31 delivers to any unlicensed person a handgun having a barrel,
32 slide, frame or receiver which is a die casting of zinc alloy
33 or any other nonhomogeneous metal which will melt or deform
34 at a temperature of less than 800 degrees Fahrenheit. For
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1 purposes of this paragraph, (1) "firearm" is defined as in
2 the Firearm Owners Identification Card Act "An Act relating
3 to the acquisition, possession and transfer of firearms and
4 firearm ammunition, to provide a penalty for the violation
5 thereof and to make an appropriation in connection
6 therewith", approved August 3, 1967, as amended; (2)
7 "handgun" is defined as a firearm designed to be held and
8 fired by the use of a single hand, and includes a combination
9 of parts from which a firearm can be assembled; or
10 (i) Transfers or possesses with intent to transfer Sells
11 or gives a firearm of any size to any person he or she knows
12 or has reasonable cause to believe is under 18 years of age
13 who does not possess a valid Firearm Owner's Identification
14 Card.
15 (j) Paragraph (h) of this Section shall not include
16 firearms sold within 6 months after enactment of this
17 amendatory Act of 1973, nor shall any firearm legally owned
18 or possessed by any citizen or purchased by any citizen
19 within 6 months after the enactment of this amendatory Act of
20 1973 be subject to confiscation or seizure under the
21 provisions of this amendatory Act of 1973. Nothing in this
22 amendatory Act of 1973 shall be construed to prohibit the
23 gift or trade of any firearm if that firearm was legally held
24 or acquired within 6 months after the enactment of this
25 amendatory Act of 1973.
26 (k) Sentence.
27 Any person convicted of unlawful transfer sale of
28 firearms in violation of paragraph (c), (e), (f), (g), or
29 paragraphs (b) through (h) commits a Class 4 felony.
30 Any person convicted of unlawful transfer sale of
31 firearms in violation of paragraph (a), (b), or (i) commits a
32 Class 3 felony. Any person convicted of unlawful transfer
33 sale of firearms in violation of paragraph (a) or (i) in any
34 school, regardless of the time of day or the time of year, in
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1 residential property owned, operated, and managed by a public
2 housing agency, in a public park, in a courthouse, on the
3 real property comprising any school, regardless of the time
4 of day or the time of year, on residential property owned,
5 operated, and managed by a public housing agency, on the real
6 property comprising any public park, on the real property
7 comprising any courthouse, in any conveyance owned, leased,
8 or contracted by a school to transport students to or from
9 school or a school related activity, or on any public way
10 within 1,000 feet of the real property comprising any school,
11 public park, courthouse, or residential property owned,
12 operated, and managed by a public housing agency commits a
13 Class 2 felony.
14 A person convicted of unlawful transfer of firearms in
15 violation of paragraph (d) commits a Class 2 felony.
16 (Source: P.A. 88-680, eff. 1-1-95.)
17 (720 ILCS 5/24-3A)
18 Sec. 24-3A. Gunrunning.
19 (a) A person commits gunrunning when he or she commits
20 more than one violation of paragraph (a), (b), (d), or (i) of
21 Section 24-3 of this Code.
22 (b) A person who commits more than one violation of
23 paragraph (a), (b), or (i) of Section 24-3 of this Code:
24 (1) is guilty of a Class 2 felony for which the
25 person, if sentenced to a term of imprisonment, shall be
26 sentenced to no less than 3 years and no more than 14
27 years for unlawful transfer of not less than 2 firearms
28 and not more than 5 firearms at the same time or within a
29 one year period;
30 (2) is guilty of a Class 1 felony for which the
31 person, if sentenced to a term of imprisonment, shall be
32 sentenced to no less than 4 years and no more than 30
33 years for unlawful transfer of not less than 6 firearms
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1 and not more than 10 firearms at the same time or within
2 a 2 year period;
3 (3) is guilty of a Class X felony for which the
4 person shall be sentenced to a term of imprisonment of no
5 less than 6 years and no more than 30 years for unlawful
6 transfer of not less than 11 firearms and not more than
7 20 firearms at the same time or within a 3 year period;
8 (4) is guilty of a Class X felony for which the
9 person shall be sentenced to a term of imprisonment of no
10 less than 6 years and no more than 40 years for unlawful
11 transfer of not less than 21 firearms and not more than
12 30 firearms at the same time or within a 4 year period;
13 (5) is guilty of a Class X felony for which the
14 person shall be sentenced to a term of imprisonment of no
15 less than 6 years and no more than 50 years for unlawful
16 transfer of not less than 31 firearms and not more than
17 40 firearms at the same time or within a 5 year period;
18 (6) is guilty of a Class X felony for which the
19 person shall be sentenced to a term of imprisonment of no
20 less than 6 years and no more than 60 years for unlawful
21 transfer of more than 40 firearms at the same time or
22 within a 6 year period.
23 (c) A person who commits more than one violation of
24 paragraph (d) of Section 24-3 of this Code:
25 (1) is guilty of a Class 1 felony for which the
26 person, if sentenced to a term of imprisonment, shall be
27 sentenced to no less than 4 years and no more than 30
28 years for unlawful transfer of 2 firearms at the same
29 time or within a 2 year period;
30 (2) is guilty of a Class X felony for which the
31 person, if sentenced to a term of imprisonment, shall be
32 sentenced to no less than 6 years and no more than 30
33 years for unlawful transfer of not less than 3 firearms
34 and not more than 5 firearms at the same time or within a
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1 3 year period;
2 (3) is guilty of a Class X felony for which the
3 person shall be sentenced to a term of imprisonment of no
4 less than 6 years and no more than 40 years for unlawful
5 transfer of not less than 6 firearms and not more than 10
6 firearms at the same time or within a 4 year period;
7 (4) is guilty of a Class X felony for which the
8 person shall be sentenced to a term of imprisonment of no
9 less than 6 years and no more than 50 years for unlawful
10 transfer of not less than 11 firearms and not more than
11 20 firearms at the same time or within a 5 year period;
12 (5) is guilty of a Class X felony for which the
13 person shall be sentenced to a term of imprisonment of no
14 less than 6 years and no more than 60 years for unlawful
15 transfer of more than 20 firearms at the same time or
16 within a 6 year period. transfers 3 or more firearms in
17 violation of any of the paragraphs of Section 24-3 of
18 this Code.
19 (b) Sentence. A person who commits gunrunning is guilty
20 of a Class 1 felony.
21 (Source: P.A. 88-680, eff. 1-1-95.)