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90_HB2992
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.
LRB9009384RCmb
LRB9009384RCmb
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;
29 (viii) He or she has not been convicted within
30 the past 5 years of battery, assault, aggravated
31 assault, violation of an order of protection, or a
32 substantially similar offense in another
33 jurisdiction, in which a firearm was used or
34 possessed;
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1 (ix) He or she has not been convicted of
2 domestic battery or a substantially similar offense
3 in another jurisdiction committed on or after the
4 effective date of this amendatory Act of 1997; and
5 (x) He or she has not been convicted within
6 the past 5 years of domestic battery or a
7 substantially similar offense in another
8 jurisdiction committed before the effective date of
9 this amendatory Act of 1997.
10 (a-5) The application shall require the applicant to
11 list his or her social security number, the full maiden name
12 of his or her mother or other code name information
13 prescribed by the Director of State Police by rule, and his
14 or her driver's license number or State identification card
15 number.
16 (b) Each application form shall include the following
17 statement printed in bold type: "Warning: False statements
18 of the applicant shall result in prosecution for perjury in
19 accordance with Section 32-2 of the Criminal Code of 1961.".
20 (c) Upon such written consent, pursuant to Section 4,
21 paragraph (a) (2) (i), the parent or legal guardian giving
22 the consent shall be liable for any damages resulting from
23 the applicant's use of firearms or firearm ammunition.
24 (Source: P.A. 89-367, eff. 1-1-96; 90-493, eff. 1-1-98.)
25 (430 ILCS 65/6.1 new)
26 Sec. 6.1. Altered, forged or counterfeit Firearm Owner's
27 Identification Cards.
28 (a) Any person who forges or materially alters a Firearm
29 Owner's Identification Card or who counterfeits a Firearm
30 Owner's Identification Card commits a Class 2 felony.
31 (b) Any person who possesses a Firearm Owner's
32 Identification Card with knowledge that it has been forged or
33 materially altered commits a Class 2 felony. A person who
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1 possesses a Firearm Owner's Identification Card with
2 knowledge that it is counterfeit commits a Class 2 felony.
3 (430 ILCS 65/14) (from Ch. 38, par. 83-14)
4 Sec. 14. Sentence.
5 (a) A violation of paragraph (1) of subsection (a) of
6 Section 2, when the person's Firearm Owner's Identification
7 Card is expired but the person is not otherwise disqualified
8 from renewing the card, is a Class A misdemeanor.
9 (b) Except as provided in subsection (a) with respect to
10 an expired card, a violation of paragraph (1) of subsection
11 (a) of Section 2 is a Class A misdemeanor when the person
12 does not possess a currently valid Firearm Owner's
13 Identification Card, but is otherwise eligible under this
14 Act. A second or subsequent violation is a Class 4 felony.
15 (c) A violation of paragraph (1) of subsection (a) of
16 Section 2 is a Class 3 felony when:
17 (1) the person's Firearm Owner's Identification
18 Card is revoked or subject to revocation under Section 8;
19 or
20 (2) the person's Firearm Owner's Identification
21 Card is expired and not otherwise eligible for renewal
22 under this Act; or
23 (3) the person does not possess a currently valid
24 Firearm Owner's Identification Card, and the person is
25 not otherwise eligible under this Act.
26 (d) A violation of subsection (a) of Section 3 is a
27 Class 4 felony.
28 (e) Except as otherwise provided in Section 3, any other
29 violation of this Act is a Class A misdemeanor.
30 (Source: P.A. 88-680, eff. 1-1-95; 89-377, eff. 8-18-95.)
31 Section 10. The Criminal Code of 1961 is amended by
32 changing Sections 5-2, 16-1, 24-1.1, 24-3, and 24-3A and
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1 adding Sections 2-7.1, 2-7.2, 2-23, 16-16, and 16-16.1 as
2 follows:
3 (720 ILCS 5/2-7.1 new)
4 Sec. 2-7.1. "Firearm". "Firearm" has the meaning
5 ascribed to that term in Section 1.1 of the Firearm Owners
6 Identification Card Act.
7 (720 ILCS 5/2-7.2 new)
8 Sec. 2-7.2. "Firearm ammunition". "Firearm ammunition"
9 means any self-contained cartridge or shotgun shell, by
10 whatever name known, which is designed to be used or
11 adaptable to use in a firearm; excluding, however:
12 (1) any ammunition exclusively designed for use
13 with a device used exclusively for signalling or safety
14 and required or recommended by the United States Coast
15 Guard or the Interstate Commerce Commission; or
16 (2) any ammunition designed exclusively for use
17 with a stud or rivet driver or other similar industrial
18 ammunition.
19 (720 ILCS 5/2-23 new)
20 Sec. 2-23. "Transfer". "Transfer" means the actual,
21 constructive, or attempted transfer of an item, with or
22 without consideration, whether or not there is an agency
23 relationship.
24 (720 ILCS 5/5-2) (from Ch. 38, par. 5-2)
25 Sec. 5-2. When accountability exists.
26 A person is legally accountable for the conduct of
27 another when:
28 (a) Having a mental state described by the statute
29 defining the offense, he causes another to perform the
30 conduct, and the other person in fact or by reason of legal
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1 incapacity lacks such a mental state; or
2 (b) The statute defining the offense makes him so
3 accountable; or
4 (c) Either before or during the commission of an
5 offense, and with the intent to promote or facilitate such
6 commission, he solicits, aids, abets, agrees or attempts to
7 aid, such other person in the planning or commission of the
8 offense. However, a person is not so accountable, unless the
9 statute defining the offense provides otherwise, if:
10 (1) He is a victim of the offense committed; or
11 (2) The offense is so defined that his conduct was
12 inevitably incident to its commission; or
13 (3) Before the commission of the offense, he
14 terminates his effort to promote or facilitate such
15 commission, and does one of the following: wholly deprives
16 his prior efforts of effectiveness in such commission, or
17 gives timely warning to the proper law enforcement
18 authorities, or otherwise makes proper effort to prevent the
19 commission of the offense; or .
20 (d) He or she transfers a firearm, firearm ammunition,
21 or other dangerous weapon, explosive or device to a person
22 the transferor knows intends to use the firearm, firearm
23 ammunition, weapon, explosive, or device in the commission of
24 an offense.
25 (Source: Laws 1961, p. 1983.)
26 (720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
27 Sec. 16-1. Theft.
28 (a) A person commits theft when he knowingly:
29 (1) Obtains or exerts unauthorized control over
30 property of the owner; or
31 (2) Obtains by deception control over property of
32 the owner; or
33 (3) Obtains by threat control over property of the
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1 owner; or
2 (4) Obtains control over stolen property knowing
3 the property to have been stolen or under such
4 circumstances as would reasonably induce him to believe
5 that the property was stolen; or
6 (5) Obtains or exerts control over property in the
7 custody of any law enforcement agency which is explicitly
8 represented to him by any law enforcement officer or any
9 individual acting in behalf of a law enforcement agency
10 as being stolen, and
11 (A) Intends to deprive the owner permanently
12 of the use or benefit of the property; or
13 (B) Knowingly uses, conceals or abandons the
14 property in such manner as to deprive the owner
15 permanently of such use or benefit; or
16 (C) Uses, conceals, or abandons the property
17 knowing such use, concealment or abandonment
18 probably will deprive the owner permanently of such
19 use or benefit.
20 The term "firearm" for the purposes of this Section has
21 the meaning ascribed to it in Section 1.1 of the Firearm
22 Owners Identification Card Act.
23 (b) Sentence.
24 (1) Theft of property, other than a firearm, not
25 from the person and not exceeding $300 in value is a
26 Class A misdemeanor.
27 (2) A person who has been convicted of theft of
28 property not exceeding $300 in value, other than a
29 firearm and not from the person, who has been previously
30 convicted of any type of theft, robbery, armed robbery,
31 burglary, residential burglary, possession of burglary
32 tools or home invasion is guilty of a Class 4 felony.
33 When a person has any such prior conviction, the
34 information or indictment charging that person shall
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1 state such prior conviction so as to give notice of the
2 State's intention to treat the charge as a felony. The
3 fact of such prior conviction is not an element of the
4 offense and may not be disclosed to the jury during trial
5 unless otherwise permitted by issues properly raised
6 during such trial.
7 (3) (Blank). Theft of a firearm not from the person
8 regardless of value is a Class 4 felony. A second or
9 subsequent such offense is a Class 3 felony.
10 (4) Theft of property from the person not exceeding
11 $300 in value, or theft of property exceeding $300 and
12 not exceeding $10,000 in value, is a Class 3 felony.
13 (5) Theft of property exceeding $10,000 and not
14 exceeding $100,000 in value is a Class 2 felony.
15 (6) Theft of property exceeding $100,000 in value
16 is a Class 1 felony.
17 (7) Theft by deception, as described by paragraph
18 (2) of subsection (a) of this Section, in which the
19 offender obtained money or property valued at $5,000 or
20 more from a victim 60 years of age or older is a Class 2
21 felony.
22 (c) When a charge of theft of property exceeding a
23 specified value is brought, the value of the property
24 involved is an element of the offense to be resolved by the
25 trier of fact as either exceeding or not exceeding the
26 specified value.
27 (Source: P.A. 89-377, eff. 8-18-95.)
28 (720 ILCS 5/16-16 new)
29 Sec. 16-16. Possession of a stolen firearm.
30 (a) A person commits possession of a stolen firearm when
31 he or she, not being entitled to the possession of a firearm,
32 possesses or delivers the firearm, knowing it to have been
33 stolen or converted. It may be inferred that a person who
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1 possesses a firearm with knowledge that its serial number has
2 been removed or altered has knowledge that the firearm is
3 stolen or converted.
4 (b) Possession of a stolen firearm is a Class 2 felony.
5 (720 ILCS 5/16-16.1 new)
6 Sec. 16-16.1. Aggravated possession of a stolen firearm.
7 (a) A person commits aggravated possession of a stolen
8 firearm when he or she:
9 (1) Not being entitled to the possession of not
10 less than 2 and not more than 5 firearms, possesses or
11 delivers those firearms at the same time or within a 1
12 year period, knowing the firearms to have been stolen or
13 converted.
14 (2) Not being entitled to the possession of not
15 less than 6 and not more than 10 firearms, possesses or
16 delivers those firearms at the same time or within a 2
17 year period, knowing the firearms to have been stolen or
18 converted.
19 (3) Not being entitled to the possession of not
20 less than 11 and not more than 20 firearms, possesses or
21 delivers those firearms at the same time or within a 3
22 year period, knowing the firearms to have been stolen or
23 converted.
24 (4) Not being entitled to the possession of not
25 less than 21 and not more than 30 firearms, possesses or
26 delivers those firearms at the same time or within a 4
27 year period, knowing the firearms to have been stolen or
28 converted.
29 (5) Not being entitled to the possession of not
30 less than 31 and not more than 40 firearms, possesses or
31 delivers those firearms at the same time or within a 5
32 year period, knowing the firearms to have been stolen or
33 converted.
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1 (6) Not being entitled to the possession of more
2 than 40 firearms possesses or delivers those firearms at
3 the same time or within a 6 year period, knowing the
4 firearms to have been stolen or converted.
5 (b) It may be inferred that a person who possesses a
6 firearm with knowledge that its serial number has been
7 removed or altered has knowledge that the firearm is stolen
8 or converted.
9 (c) Sentence.
10 (1) A person who violates paragraph (1) of
11 subsection (a) of this Section commits a Class 2 felony.
12 (2) A person who violates paragraph (2) of
13 subsection (a) of this Section commits a Class 1 felony.
14 (3) A person who violates paragraph (3) of
15 subsection (a) of this Section commits a Class X felony
16 for which he or she shall be sentenced to a term of
17 imprisonment of not less than 6 years and not more than
18 30 years.
19 (4) A person who violates paragraph (4) of
20 subsection (a) of this Section commits a Class X felony
21 for which he or she shall be sentenced to a term of
22 imprisonment of not less than 6 years and not more than
23 40 years.
24 (5) A person who violates paragraph (5) of
25 subsection (a) of this Section commits a Class X felony
26 for which he or she shall be sentenced to a term of
27 imprisonment of not less than 6 years and not more than
28 50 years.
29 (6) A person who violates paragraph (6) of
30 subsection (a) of this Section commits a Class X felony
31 for which he or she shall be sentenced to a term of
32 imprisonment of not less than 6 years and not more than
33 60 years.
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1 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
2 Sec. 24-1.1. Unlawful Use or Possession of Weapons by
3 Felons or Persons in the Custody of the Department of
4 Corrections Facilities.
5 (a) It is unlawful for a person to knowingly possess on
6 or about his person or on his land or in his own abode or
7 fixed place of business any weapon prohibited under Section
8 24-1 of this Act or any firearm or any firearm ammunition if
9 the person has been convicted of a felony under the laws of
10 this State or any other jurisdiction. This Section shall not
11 apply if the person has been granted relief by the Director
12 of the Department of State Police under Section 10 of the
13 Firearm Owners Identification Card Act.
14 (b) It is unlawful for any person confined in a penal
15 institution, which is a facility of the Illinois Department
16 of Corrections, to possess any weapon prohibited under
17 Section 24-1 of this Code or any firearm or firearm
18 ammunition, regardless of the intent with which he possesses
19 it.
20 (c) It shall be an affirmative defense to a violation of
21 subsection (b), that such possession was specifically
22 authorized by rule, regulation, or directive of the Illinois
23 Department of Corrections or order issued pursuant thereto.
24 (d) The defense of necessity is not available to a
25 person who is charged with a violation of subsection (b) of
26 this Section.
27 (e) Sentence. Violation of this Section by a person not
28 confined in a penal institution shall be a Class 3 felony for
29 which the person, if sentenced to a term of imprisonment,
30 shall be sentenced to no less than 2 years and no more than
31 10 years. Violation of this Section by a person not confined
32 in a penal institution who has been convicted of a forcible
33 felony, a felony violation of Article 24 of this Code or of
34 the Firearm Owners Identification Card Act, stalking or
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1 aggravated stalking, or a Class 2 or greater felony under the
2 Illinois Controlled Substances Act or the Cannabis Control
3 Act is a Class 2 felony for which the person, if sentenced to
4 a term of imprisonment, shall be sentenced to not less than 3
5 years and not more than 14 years. Violation of this Section
6 by a person who is on parole or mandatory supervised release
7 is a Class 2 felony for which the person, if sentenced to a
8 term of imprisonment, shall be sentenced to not less than 3
9 years and not more than 14 years. Violation of this Section
10 by a person not confined in a penal institution is a Class X
11 felony when the firearm possessed is a machine gun. Any
12 person who violates this Section while confined in a penal
13 institution, which is a facility of the Illinois Department
14 of Corrections, is guilty of a Class 1 felony, if he
15 possesses any weapon prohibited under Section 24-1 of this
16 Code regardless of the intent with which he possesses it, and
17 a Class X felony if he possesses any firearm, firearm
18 ammunition or explosive and a Class X felony for which the
19 offender shall be sentenced to not less than 12 years and not
20 more than 50 years where the firearm possessed is a machine
21 gun.
22 (Source: P.A. 88-300.)
23 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
24 Sec. 24-3. Unlawful transfer Sale of firearms. A person
25 commits the offense of unlawful transfer sale of firearms
26 when he or she knowingly:
27 (a) Transfers or possesses with intent to transfer Sells
28 or gives any firearm of a size which may be concealed upon
29 the person to any person he or she knows or has reasonable
30 cause to believe is under 18 years of age; or
31 (b) Transfers or possesses with intent to transfer Sells
32 or gives any firearm to a person he or she knows or has
33 reasonable cause to believe is under 21 years of age who has
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1 been convicted of a misdemeanor other than a traffic offense
2 or adjudged delinquent; or
3 (c) Transfers or possesses with intent to transfer Sells
4 or gives any firearm to any person he or she knows or has
5 reasonable cause to believe is a narcotic addict; or
6 (d) Transfers or possesses with intent to transfer Sells
7 or gives any firearm to any person he or she knows or has
8 reasonable cause to believe who has been convicted of a
9 felony under the laws of this or any other jurisdiction; or
10 (e) Transfers or possesses with intent to transfer Sells
11 or gives any firearm to any person he or she knows or has
12 reasonable cause to believe who has been a patient in a
13 mental hospital within the past 5 years; or
14 (f) Transfers or possesses with intent to transfer Sells
15 or gives any firearms to any person he or she knows or has
16 reasonable cause to believe who is mentally retarded; or
17 (g) Knowingly transfers delivers any firearm of a size
18 which may be concealed upon the person, incidental to a sale,
19 without withholding delivery of such firearm for at least 72
20 hours after application for its purchase has been made, or
21 delivers any rifle, shotgun or other long gun, incidental to
22 a sale, without withholding delivery of such rifle, shotgun
23 or other long gun for at least 24 hours after application for
24 its purchase has been made. However, this paragraph shall not
25 apply to: (1) the sale of a firearm to a law enforcement
26 officer or a person who desires to purchase a firearm for use
27 in promoting the public interest incident to his employment
28 as a bank guard, armed truck guard, or other similar
29 employment; or (2) a mail order sale of a firearm to a
30 nonresident of Illinois under which the firearm is mailed to
31 a point outside the boundaries of Illinois; or (3) the sale
32 of a firearm to a nonresident of Illinois while at a firearm
33 showing or display recognized by the Illinois Department of
34 State Police; or (4) the sale of a firearm to a dealer
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1 licensed under the Federal Firearms Act of the United States;
2 or
3 (h) While holding any license under the Federal "Gun
4 Control Act of 1968", as amended, as a dealer, importer,
5 manufacturer or pawnbroker; knowingly manufactures, sells or
6 delivers to any unlicensed person a handgun having a barrel,
7 slide, frame or receiver which is a die casting of zinc alloy
8 or any other nonhomogeneous metal which will melt or deform
9 at a 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 "An Act relating
12 to the acquisition, possession and transfer of firearms and
13 firearm ammunition, to provide a penalty for the violation
14 thereof and to make an appropriation in connection
15 therewith", approved August 3, 1967, as amended; (2)
16 "handgun" is defined as a firearm designed to be held and
17 fired by the use of a single hand, and includes a combination
18 of parts from which a firearm can be assembled; or
19 (i) Transfers or possesses with intent to transfer Sells
20 or gives a firearm of any size to any person he or she knows
21 or has reasonable cause to believe is under 18 years of age
22 who does not possess a valid Firearm Owner's Identification
23 Card.
24 (j) Paragraph (h) of this Section shall not include
25 firearms sold within 6 months after enactment of this
26 amendatory Act of 1973, nor shall any firearm legally owned
27 or possessed by any citizen or purchased by any citizen
28 within 6 months after the enactment of this amendatory Act of
29 1973 be subject to confiscation or seizure under the
30 provisions of this amendatory Act of 1973. Nothing in this
31 amendatory Act of 1973 shall be construed to prohibit the
32 gift or trade of any firearm if that firearm was legally held
33 or acquired within 6 months after the enactment of this
34 amendatory Act of 1973.
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1 (k) Sentence.
2 Any person convicted of unlawful transfer sale of
3 firearms in violation of paragraph (c), (e), (f), (g), or
4 paragraphs (b) through (h) commits a Class 4 felony.
5 Any person convicted of unlawful transfer sale of
6 firearms in violation of paragraph (a), (b), or (i) commits a
7 Class 3 felony. Any person convicted of unlawful transfer
8 sale of firearms in violation of paragraph (a) or (i) in any
9 school, regardless of the time of day or the time of year, in
10 residential property owned, operated, and managed by a public
11 housing agency, in a public park, in a courthouse, on the
12 real property comprising any school, regardless of the time
13 of day or the time of year, on residential property owned,
14 operated, and managed by a public housing agency, on the real
15 property comprising any public park, on the real property
16 comprising any courthouse, in any conveyance owned, leased,
17 or contracted by a school to transport students to or from
18 school or a school related activity, or on any public way
19 within 1,000 feet of the real property comprising any school,
20 public park, courthouse, or residential property owned,
21 operated, and managed by a public housing agency commits a
22 Class 2 felony.
23 A person convicted of unlawful transfer of firearms in
24 violation of paragraph (d) commits a Class 2 felony.
25 (Source: P.A. 88-680, eff. 1-1-95.)
26 (720 ILCS 5/24-3A)
27 Sec. 24-3A. Gunrunning.
28 (a) A person commits gunrunning when he or she commits
29 more than one violation of paragraph (a), (b), (d), or (i) of
30 Section 24-3 of this Code.
31 (b) A person who commits more than one violation of
32 paragraph (a), (b), or (i) of Section 24-3 of this Code:
33 (1) is guilty of a Class 2 felony for which the
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1 person, if sentenced to a term of imprisonment, shall be
2 sentenced to no less than 3 years and no more than 14
3 years for unlawful transfer of not less than 2 firearms
4 and not more than 5 firearms at the same time or within a
5 one year period;
6 (2) is guilty of a Class 1 felony for which the
7 person, if sentenced to a term of imprisonment, shall be
8 sentenced to no less than 4 years and no more than 30
9 years for unlawful transfer of not less than 6 firearms
10 and not more than 10 firearms at the same time or within
11 a 2 year period;
12 (3) 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 30 years for unlawful
15 transfer of not less than 11 firearms and not more than
16 20 firearms at the same time or within a 3 year period;
17 (4) is guilty of a Class X felony for which the
18 person shall be sentenced to a term of imprisonment of no
19 less than 6 years and no more than 40 years for unlawful
20 transfer of not less than 21 firearms and not more than
21 30 firearms at the same time or within a 4 year period;
22 (5) is guilty of a Class X felony for which the
23 person shall be sentenced to a term of imprisonment of no
24 less than 6 years and no more than 50 years for unlawful
25 transfer of not less than 31 firearms and not more than
26 40 firearms at the same time or within a 5 year period;
27 (6) is guilty of a Class X felony for which the
28 person shall be sentenced to a term of imprisonment of no
29 less than 6 years and no more than 60 years for unlawful
30 transfer of more than 40 firearms at the same time or
31 within a 6 year period.
32 (c) A person who commits more than one violation of
33 paragraph (d) of Section 24-3 of this Code:
34 (1) is guilty of a Class 1 felony for which the
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1 person, if sentenced to a term of imprisonment, shall be
2 sentenced to no less than 4 years and no more than 30
3 years for unlawful transfer of 2 firearms at the same
4 time or within a 2 year period;
5 (2) is guilty of a Class X felony for which the
6 person, if sentenced to a term of imprisonment, shall be
7 sentenced to no less than 6 years and no more than 30
8 years for unlawful transfer of not less than 3 firearms
9 and not more than 5 firearms at the same time or within a
10 3 year period;
11 (3) is guilty of a Class X felony for which the
12 person shall be sentenced to a term of imprisonment of no
13 less than 6 years and no more than 40 years for unlawful
14 transfer of not less than 6 firearms and not more than 10
15 firearms at the same time or within a 4 year period;
16 (4) is guilty of a Class X felony for which the
17 person shall be sentenced to a term of imprisonment of no
18 less than 6 years and no more than 50 years for unlawful
19 transfer of not less than 11 firearms and not more than
20 20 firearms at the same time or within a 5 year period;
21 (5) is guilty of a Class X felony for which the
22 person shall be sentenced to a term of imprisonment of no
23 less than 6 years and no more than 60 years for unlawful
24 transfer of more than 20 firearms at the same time or
25 within a 6 year period. transfers 3 or more firearms in
26 violation of any of the paragraphs of Section 24-3 of
27 this Code.
28 (b) Sentence. A person who commits gunrunning is guilty
29 of a Class 1 felony.
30 (Source: P.A. 88-680, eff. 1-1-95.)