|
mentally
retarded.
|
(g) Delivers any firearm of a size which may be |
concealed upon the
person, incidental to a sale, without |
withholding delivery of such firearm
for at least 72 hours |
after application for its purchase has been made, or
|
delivers any rifle, shotgun or other long gun, or a stun |
gun or taser, incidental to a sale,
without withholding |
delivery of such rifle, shotgun or other long gun, or a |
stun gun or taser for
at least 24 hours after application |
for its purchase has been made.
However,
this paragraph (g) |
does not apply to: (1) the sale of a firearm
to a law |
enforcement officer if the seller of the firearm knows that |
the person to whom he or she is selling the firearm is a |
law enforcement officer or the sale of a firearm to a |
person who desires to purchase a firearm for
use in |
promoting the public interest incident to his or her |
employment as a
bank guard, armed truck guard, or other |
similar employment; (2) a mail
order sale of a firearm to a |
nonresident of Illinois under which the firearm
is mailed |
to a point outside the boundaries of Illinois; (3) the sale
|
of a firearm to a nonresident of Illinois while at a |
firearm showing or display
recognized by the Illinois |
Department of State Police; or (4) the sale of a
firearm to |
a dealer licensed as a federal firearms dealer under |
Section 923
of the federal Gun Control Act of 1968 (18 |
U.S.C. 923). For purposes of this paragraph (g), |
|
"application" means when the buyer and seller reach an |
agreement to purchase a firearm.
|
(h) While holding any license
as a dealer,
importer, |
manufacturer or pawnbroker
under the federal Gun Control |
Act of 1968,
manufactures, sells or delivers to any |
unlicensed person a handgun having
a barrel, slide, frame |
or receiver which is a die casting of zinc alloy or
any |
other nonhomogeneous metal which will melt or deform at a |
temperature
of less than 800 degrees Fahrenheit. For |
purposes of this paragraph, (1)
"firearm" is defined as in |
the Firearm Owners Identification Card Act; and (2)
|
"handgun" is defined as a firearm designed to be held
and |
fired by the use of a single hand, and includes a |
combination of parts from
which such a firearm can be |
assembled.
|
(i) Sells or gives a firearm of any size to any person |
under 18 years of
age who does not possess a valid Firearm |
Owner's Identification Card.
|
(j) Sells or gives a firearm while engaged in the |
business of selling
firearms at wholesale or retail without |
being licensed as a federal firearms
dealer under Section |
923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). |
In this paragraph (j):
|
A person "engaged in the business" means a person who |
devotes time,
attention, and
labor to
engaging in the |
activity as a regular course of trade or business with the
|
|
principal objective of livelihood and profit, but does not |
include a person who
makes occasional repairs of firearms |
or who occasionally fits special barrels,
stocks, or |
trigger mechanisms to firearms.
|
"With the principal objective of livelihood and |
profit" means that the
intent
underlying the sale or |
disposition of firearms is predominantly one of
obtaining |
livelihood and pecuniary gain, as opposed to other intents, |
such as
improving or liquidating a personal firearms |
collection; however, proof of
profit shall not be required |
as to a person who engages in the regular and
repetitive |
purchase and disposition of firearms for criminal purposes |
or
terrorism.
|
(k) Sells or transfers ownership of a firearm to a |
person who does not display to the seller or transferor of |
the firearm a currently valid Firearm Owner's |
Identification Card that has previously been issued in the |
transferee's name by the Department of State Police under |
the provisions of the Firearm Owners Identification Card |
Act. This paragraph (k) does not apply to the transfer of a |
firearm to a person who is exempt from the requirement of |
possessing a Firearm Owner's Identification Card under |
Section 2 of the Firearm Owners Identification Card Act. |
For the purposes of this Section, a currently valid Firearm |
Owner's Identification Card means (i) a Firearm Owner's |
Identification Card that has not expired or (ii) if the |
|
transferor is licensed as a federal firearms dealer under |
Section 923 of the federal Gun Control Act of 1968 (18 |
U.S.C. 923), an approval number issued in accordance with |
Section 3.1 of the Firearm Owners Identification Card Act |
shall be proof that the Firearm Owner's Identification Card |
was valid. |
(B) Paragraph (h) of subsection (A) does not include |
firearms sold within 6
months after enactment of Public
Act |
78-355 (approved August 21, 1973, effective October 1, 1973), |
nor is any
firearm legally owned or
possessed by any citizen or |
purchased by any citizen within 6 months after the
enactment of |
Public Act 78-355 subject
to confiscation or seizure under the |
provisions of that Public Act. Nothing in
Public Act 78-355 |
shall be construed to prohibit the gift or trade of
any firearm |
if that firearm was legally held or acquired within 6 months |
after
the enactment of that Public Act.
|
(C) Sentence.
|
(1) Any person convicted of unlawful sale of firearms |
in violation of
paragraph any of paragraphs (c), (e), (f), |
(g), or through (h) of subsection (A) commits a Class
4
|
felony.
|
(2) Any person convicted of unlawful sale of firearms |
in violation of
paragraph (b) or (i) of subsection (A) |
commits a Class 3 felony.
|
(3) Any person convicted of unlawful sale of firearms |
in violation of
paragraph (a) of subsection (A) commits a |
|
Class 2 felony.
|
(4) Any person convicted of unlawful sale of firearms |
in violation of
paragraph (a), (b), or (i) of subsection |
(A) in any school, on the real
property comprising a |
school, within 1,000 feet of the real property comprising
a |
school, at a school related activity, or on or within 1,000 |
feet of any
conveyance owned, leased, or contracted by a |
school or school district to
transport students to or from |
school or a school related activity,
regardless of the time |
of day or time of year at which the offense
was committed, |
commits a Class 1 felony. Any person convicted of a second
|
or subsequent violation of unlawful sale of firearms in |
violation of paragraph
(a), (b), or (i) of subsection (A) |
in any school, on the real property
comprising a school, |
within 1,000 feet of the real property comprising a
school, |
at a school related activity, or on or within 1,000 feet of |
any
conveyance owned, leased, or contracted by a school or |
school district to
transport students to or from school or |
a school related activity,
regardless of the time of day or |
time of year at which the offense
was committed, commits a |
Class 1 felony for which the sentence shall be a
term of |
imprisonment of no less than 5 years and no more than 15 |
years.
|
(5) Any person convicted of unlawful sale of firearms |
in violation of
paragraph (a) or (i) of subsection (A) in |
residential property owned,
operated, or managed by a |
|
public housing agency or leased by a public housing
agency |
as part of a scattered site or mixed-income development, in |
a public
park, in a
courthouse, on residential property |
owned, operated, or managed by a public
housing agency or |
leased by a public housing agency as part of a scattered |
site
or mixed-income development, on the real property |
comprising any public park,
on the real
property comprising |
any courthouse, or on any public way within 1,000 feet
of |
the real property comprising any public park, courthouse, |
or residential
property owned, operated, or managed by a |
public housing agency or leased by a
public housing agency |
as part of a scattered site or mixed-income development
|
commits a
Class 2 felony.
|
(6) Any person convicted of unlawful sale of firearms |
in violation of
paragraph (j) of subsection (A) commits a |
Class A misdemeanor. A second or
subsequent violation is a |
Class 4 felony. |
(7) Any person convicted of unlawful sale of firearms |
in violation of paragraph (k) of subsection (A) commits a |
Class 4 felony. A third or subsequent conviction for a |
violation of paragraph (k) of subsection (A) is a Class 1 |
felony.
|
(8) A person 18 years of age or older convicted of |
unlawful sale of firearms in violation of paragraph (a) or |
(i) of subsection (A), when the firearm that was sold or |
given to another person under 18 years of age was used in |
|
the commission of or attempt to commit a forcible felony, |
shall be fined or imprisoned, or both, not to exceed the |
maximum provided for the most serious forcible felony so |
committed or attempted by the person under 18 years of age |
who was sold or given the firearm. |
(9) Any person convicted of unlawful sale of firearms |
in violation of
paragraph (d) of subsection (A) commits a |
Class 3 felony. |
(D) For purposes of this Section:
|
"School" means a public or private elementary or secondary |
school,
community college, college, or university.
|
"School related activity" means any sporting, social, |
academic, or
other activity for which students' attendance or |
participation is sponsored,
organized, or funded in whole or in |
part by a school or school district.
|
(E) A prosecution for a violation of paragraph (k) of |
subsection (A) of this Section may be commenced within 6 years |
after the commission of the offense. A prosecution for a |
violation of this Section other than paragraph (g) of |
subsection (A) of this Section may be commenced within 5 years |
after the commission of the offense defined in the particular |
paragraph.
|
(Source: P.A. 94-6, eff. 1-1-06; 94-284, eff. 7-21-05; 95-331, |
eff. 8-21-07; 95-735, eff. 7-16-08.)
|
(720 ILCS 5/24-3.7 new) |
|
Sec. 24-3.7. Use of a stolen firearm in the commission of |
an offense. |
(a) A person commits the offense of use of a stolen firearm |
in the commission of an offense when he or she knowingly uses a |
stolen firearm in the commission of any offense and the person |
knows that the firearm was stolen. |
(b) Sentence. Use of a stolen firearm in the commission of |
an offense is a Class 2 felony.
|
Section 10. The Unified Code of Corrections is amended by |
changing Section 5-8-4 as follows:
|
(730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
|
Sec. 5-8-4. Concurrent and Consecutive Terms of |
Imprisonment.
|
(a) When multiple sentences of imprisonment are imposed on |
a
defendant at the same time, or when a term of imprisonment is
|
imposed on a defendant who is already subject to sentence in
|
this State or in another state, or for a sentence imposed by
|
any district court of the United States, the sentences shall
|
run concurrently or consecutively as determined by the court.
|
When one of the offenses for which a defendant was
convicted |
was a violation of Section 32-5.2 of the Criminal
Code of 1961 |
and the offense was committed in attempting or
committing a |
forcible felony,
the court may impose consecutive sentences. |
When a term of imprisonment is imposed on a defendant by an |
|
Illinois circuit
court and the defendant is subsequently |
sentenced to a term of imprisonment
by another state or by a |
district court of the United States, the Illinois
circuit court |
which imposed the sentence may order that the Illinois sentence
|
be made concurrent with the sentence imposed by the other state |
or district
court of the United States. The defendant must |
apply to the circuit court
within 30 days after the defendant's |
sentence imposed by the other state
or district of the United |
States is finalized.
The court shall impose consecutive |
sentences if:
|
(i) one of the offenses for which
defendant was |
convicted was first degree murder or a Class X or Class 1 |
felony
and the
defendant inflicted severe bodily injury, or
|
(ii) the defendant was
convicted of a violation of |
Section 12-13, 12-14, or 12-14.1 of
the Criminal Code of
|
1961, or
|
(iii) the defendant was convicted of armed violence |
based upon
the predicate offense of solicitation of murder, |
solicitation of murder for
hire, heinous battery, |
aggravated battery of a senior citizen, criminal sexual
|
assault, a violation of subsection (g) of Section 5 of the |
Cannabis Control
Act, cannabis trafficking, a violation of |
subsection (a) of Section 401 of
the Illinois Controlled |
Substances Act, controlled substance trafficking
involving |
a Class X felony amount of controlled substance under |
Section 401 of
the Illinois Controlled Substances Act, a |
|
violation of the Methamphetamine Control and Community |
Protection Act,
calculated criminal drug conspiracy, or |
streetgang criminal drug
conspiracy, or
|
(iv) the defendant was convicted of the offense of |
leaving the
scene of a motor vehicle accident involving |
death or personal
injuries under Section 11-401 and either: |
(A) aggravated driving under the
influence of alcohol, |
other drug or drugs, or intoxicating compound
or compounds, |
or any combination thereof under Section 11-501 of
the |
Illinois Vehicle Code, or (B) reckless homicide under |
Section 9-3 of
the Criminal Code of 1961, or both an |
offense described in subdivision (A) and
an offense |
described in subdivision (B), or |
(v) the defendant was convicted of a violation of |
Section 9-3.1 (concealment of homicidal death) or Section |
12-20.5 (dismembering a human body) of the Criminal Code of |
1961, or
|
(vi) the defendant was convicted of a violation of |
Section 24-3.7 (use of a stolen firearm in the commission |
of an offense) of the Criminal Code of 1961, |
in which event the
court shall enter sentences to run |
consecutively. Sentences shall
run concurrently unless |
otherwise specified by the court.
|
(b) Except in cases where consecutive sentences are |
mandated, the court
shall impose concurrent sentences unless,
|
having regard to the nature and circumstances of the offense
|
|
and the history and character of the defendant, it is of the
|
opinion that consecutive sentences are required to
protect the |
public
from further criminal conduct by the defendant, the |
basis for
which the court shall set forth in the record.
|
(c) (1) For sentences imposed under law in effect prior to
|
February 1, 1978 the aggregate
maximum of consecutive |
sentences shall not exceed the maximum
term authorized |
under Section 5-8-1 for the 2 most serious
felonies |
involved. The aggregate minimum period of consecutive
|
sentences shall not exceed the highest minimum term |
authorized
under Section 5-8-1 for the 2 most serious |
felonies involved.
When sentenced only for misdemeanors, a |
defendant shall not
be consecutively sentenced to more than |
the maximum for one
Class A misdemeanor.
|
(2) For sentences imposed under the law
in effect on or |
after February 1, 1978, the aggregate
of consecutive |
sentences for offenses that were committed as part of a |
single
course of conduct during which there was no |
substantial change in the nature of
the criminal objective |
shall not exceed the sum of the
maximum terms authorized |
under Section 5-8-2 for the 2 most
serious felonies |
involved, but no such limitation shall apply for offenses
|
that were not committed as part of a single course of |
conduct during which
there was no substantial change in the |
nature of the criminal objective.
When sentenced only for |
misdemeanors,
a defendant shall not be consecutively |
|
sentenced to more than
the maximum for one Class A |
misdemeanor.
|
(d) An offender serving a sentence for a misdemeanor who is
|
convicted of a felony and sentenced to imprisonment shall be
|
transferred to the Department of Corrections, and the
|
misdemeanor sentence shall be merged in and run concurrently
|
with the felony sentence.
|
(e) In determining the manner in which consecutive |
sentences
of imprisonment, one or more of which is for a |
felony, will be
served, the Department of Corrections shall |
treat the offender
as though he had been committed for a single |
term with the
following incidents:
|
(1) the maximum period of a term of imprisonment shall
|
consist of the aggregate of the maximums of the imposed
|
indeterminate terms, if any, plus the aggregate of the
|
imposed determinate sentences for felonies plus
the |
aggregate of the imposed determinate sentences for |
misdemeanors
subject to paragraph (c) of this Section;
|
(2) the parole or mandatory supervised release term |
shall be
as provided in paragraph (e) of Section 5-8-1 of |
this Code for
the most serious of the offenses involved;
|
(3) the minimum period of imprisonment shall be the
|
aggregate of the minimum and determinate periods of |
imprisonment
imposed by the court, subject to paragraph (c) |
of this Section; and
|
(4) the offender shall be awarded credit against the
|
|
aggregate maximum term and the aggregate minimum term of
|
imprisonment for all time served in an institution since |
the
commission of the offense or offenses and as a |
consequence
thereof at the rate specified in Section 3-6-3 |
of this Code.
|
(f) A sentence of an offender committed to the Department |
of
Corrections at the time of the commission of the offense |
shall be served
consecutive to the sentence under which he is |
held by the Department of
Corrections. However, in case such |
offender shall be sentenced to
punishment by death, the |
sentence shall be executed at such time as the
court may fix |
without regard to the sentence under which such offender
may be |
held by the Department.
|
(g) A sentence under Section 3-6-4 for escape or attempted |
escape
shall be served consecutive to the terms under which the |
offender is
held by the Department of Corrections.
|
(h) If a person charged with a felony commits a separate |
felony while
on pre-trial release or in pretrial detention in a |
county jail facility
or county detention facility, the |
sentences imposed upon conviction of these
felonies shall be |
served consecutively regardless of the order in which the
|
judgments of conviction are entered.
|
(h-1) If a person commits a battery against a county |
correctional officer or sheriff's employee while serving a |
sentence or in pretrial detention in a county jail facility, |
then the sentence imposed upon conviction of the battery shall |
|
be served consecutively with the sentence imposed upon |
conviction of the earlier misdemeanor or felony, regardless of |
the order in which the
judgments of conviction are entered.
|
(i) If a person admitted to bail following conviction of a |
felony
commits a separate felony while free on bond or if a |
person detained in a
county jail facility or county detention |
facility following conviction of a
felony commits a separate |
felony while in detention, any sentence following
conviction of |
the separate felony shall be consecutive to that of the
|
original sentence for which the defendant was on bond or |
detained.
|
(j) If a person is found to be in possession of an item of |
contraband, as defined in clause (c)(2) of Section 31A-1.1 of |
the Criminal Code of 1961, while serving a sentence in a penal |
institution or while in pre-trial detention in a county jail, |
the sentence imposed upon conviction for the offense of |
possessing contraband in a penal institution shall be served |
consecutively to the sentence imposed for the offense in which |
the person is serving sentence in the county jail or serving |
pretrial detention, regardless of the order in which the |
judgments of conviction are entered. |
(Source: P.A. 94-556, eff. 9-11-05; 94-985, eff. 1-1-07; |
95-379, eff. 8-23-07; 95-766, eff. 1-1-09.)
|