101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1879

 

Introduced 2/15/2019, by Sen. Paul Schimpf

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/1.1  from Ch. 38, par. 83-1.1
430 ILCS 65/3a  from Ch. 38, par. 83-3a
430 ILCS 68/5-125 new
720 ILCS 5/24-3  from Ch. 38, par. 24-3

    Amends the Firearm Dealer License Certification Act. Provides that the Act does not apply to any person, firm, corporation, or other entity who has been given, and is currently in possession of, a valid Federal Firearms License, during all State approved activities held at the World Shooting and Recreational Complex. Amends the Firearm Owners Identification Card Act and the Criminal Code of 2012 to make technical changes. Effective immediately.


SRS101 00019 JEJ 45019 b

 

 

A BILL FOR

 

SB1879SRS101 00019 JEJ 45019 b

1    AN ACT concerning firearms.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Owners Identification Card Act is
5amended by changing Sections 1.1 and 3a as follows:
 
6    (430 ILCS 65/1.1)  (from Ch. 38, par. 83-1.1)
7    Sec. 1.1. For purposes of this Act:
8    "Addicted to narcotics" means a person who has been:
9        (1) convicted of an offense involving the use or
10    possession of cannabis, a controlled substance, or
11    methamphetamine within the past year; or
12        (2) determined by the Department of State Police to be
13    addicted to narcotics based upon federal law or federal
14    guidelines.
15    "Addicted to narcotics" does not include possession or use
16of a prescribed controlled substance under the direction and
17authority of a physician or other person authorized to
18prescribe the controlled substance when the controlled
19substance is used in the prescribed manner.
20    "Adjudicated as a person with a mental disability" means
21the person is the subject of a determination by a court, board,
22commission or other lawful authority that the person, as a
23result of marked subnormal intelligence, or mental illness,

 

 

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1mental impairment, incompetency, condition, or disease:
2        (1) presents a clear and present danger to himself,
3    herself, or to others;
4        (2) lacks the mental capacity to manage his or her own
5    affairs or is adjudicated a person with a disability as
6    defined in Section 11a-2 of the Probate Act of 1975;
7        (3) is not guilty in a criminal case by reason of
8    insanity, mental disease or defect;
9        (3.5) is guilty but mentally ill, as provided in
10    Section 5-2-6 of the Unified Code of Corrections;
11        (4) is incompetent to stand trial in a criminal case;
12        (5) is not guilty by reason of lack of mental
13    responsibility under Articles 50a and 72b of the Uniform
14    Code of Military Justice, 10 U.S.C. 850a, 876b;
15        (6) is a sexually violent person under subsection (f)
16    of Section 5 of the Sexually Violent Persons Commitment
17    Act;
18        (7) is a sexually dangerous person under the Sexually
19    Dangerous Persons Act;
20        (8) is unfit to stand trial under the Juvenile Court
21    Act of 1987;
22        (9) is not guilty by reason of insanity under the
23    Juvenile Court Act of 1987;
24        (10) is subject to involuntary admission as an
25    inpatient as defined in Section 1-119 of the Mental Health
26    and Developmental Disabilities Code;

 

 

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1        (11) is subject to involuntary admission as an
2    outpatient as defined in Section 1-119.1 of the Mental
3    Health and Developmental Disabilities Code;
4        (12) is subject to judicial admission as set forth in
5    Section 4-500 of the Mental Health and Developmental
6    Disabilities Code; or
7        (13) is subject to the provisions of the Interstate
8    Agreements on Sexually Dangerous Persons Act.
9    "Clear and present danger" means a person who:
10        (1) communicates a serious threat of physical violence
11    against a reasonably identifiable victim or poses a clear
12    and imminent risk of serious physical injury to himself,
13    herself, or another person as determined by a physician,
14    clinical psychologist, or qualified examiner; or
15        (2) demonstrates threatening physical or verbal
16    behavior, such as violent, suicidal, or assaultive
17    threats, actions, or other behavior, as determined by a
18    physician, clinical psychologist, qualified examiner,
19    school administrator, or law enforcement official.
20    "Clinical psychologist" has the meaning provided in
21Section 1-103 of the Mental Health and Developmental
22Disabilities Code.
23    "Controlled substance" means a controlled substance or
24controlled substance analog as defined in the Illinois
25Controlled Substances Act.
26    "Counterfeit" means to copy or imitate, without legal

 

 

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1authority, with intent to deceive.
2    "Federally licensed firearm dealer" means a person who is
3licensed as a federal firearms dealer under Section 923 of the
4federal Gun Control Act of 1968 (18 U.S.C. 923).
5    "Firearm" means any device, by whatever name known, which
6is designed to expel a projectile or projectiles by the action
7of an explosion, expansion of gas or escape of gas; excluding,
8however:
9        (1) any pneumatic gun, spring gun, paint ball gun, or
10    B-B gun which expels a single globular projectile not
11    exceeding .18 inch in diameter or which has a maximum
12    muzzle velocity of less than 700 feet per second;
13        (1.1) any pneumatic gun, spring gun, paint ball gun, or
14    B-B gun which expels breakable paint balls containing
15    washable marking colors;
16        (2) any device used exclusively for signalling or
17    safety and required or recommended by the United States
18    Coast Guard or the Interstate Commerce Commission;
19        (3) any device used exclusively for the firing of stud
20    cartridges, explosive rivets or similar industrial
21    ammunition; and
22        (4) an antique firearm (other than a machine-gun)
23    which, although designed as a weapon, the Department of
24    State Police finds by reason of the date of its
25    manufacture, value, design, and other characteristics is
26    primarily a collector's item and is not likely to be used

 

 

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1    as a weapon.
2    "Firearm ammunition" means any self-contained cartridge or
3shotgun shell, by whatever name known, which is designed to be
4used or adaptable to use in a firearm; excluding, however:
5        (1) any ammunition exclusively designed for use with a
6    device used exclusively for signalling or safety and
7    required or recommended by the United States Coast Guard or
8    the Interstate Commerce Commission; and
9        (2) any ammunition designed exclusively for use with a
10    stud or rivet driver or other similar industrial
11    ammunition.
12    "Gun show" means an event or function:
13        (1) at which the sale and transfer of firearms is the
14    regular and normal course of business and where 50 or more
15    firearms are displayed, offered, or exhibited for sale,
16    transfer, or exchange; or
17        (2) at which not less than 10 gun show vendors display,
18    offer, or exhibit for sale, sell, transfer, or exchange
19    firearms.
20    "Gun show" includes the entire premises provided for an
21event or function, including parking areas for the event or
22function, that is sponsored to facilitate the purchase, sale,
23transfer, or exchange of firearms as described in this Section.
24Nothing in this definition shall be construed to exclude a gun
25show held in conjunction with competitive shooting events at
26the World Shooting and Recreational Complex sanctioned by a

 

 

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1national governing body in which the sale or transfer of
2firearms is authorized under subparagraph (5) of paragraph (g)
3of subsection (A) of Section 24-3 of the Criminal Code of 2012.
4    Unless otherwise expressly stated, "gun show" does not
5include training or safety classes, competitive shooting
6events, such as rifle, shotgun, or handgun matches, trap,
7skeet, or sporting clays shoots, dinners, banquets, raffles, or
8any other event where the sale or transfer of firearms is not
9the primary course of business.
10    "Gun show promoter" means a person who organizes or
11operates a gun show.
12    "Gun show vendor" means a person who exhibits, sells,
13offers for sale, transfers, or exchanges any firearms at a gun
14show, regardless of whether the person arranges with a gun show
15promoter for a fixed location from which to exhibit, sell,
16offer for sale, transfer, or exchange any firearm.
17    "Involuntarily admitted" has the meaning as prescribed in
18Sections 1-119 and 1-119.1 of the Mental Health and
19Developmental Disabilities Code.
20    "Mental health facility" means any licensed private
21hospital or hospital affiliate, institution, or facility, or
22part thereof, and any facility, or part thereof, operated by
23the State or a political subdivision thereof which provide
24treatment of persons with mental illness and includes all
25hospitals, institutions, clinics, evaluation facilities,
26mental health centers, colleges, universities, long-term care

 

 

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1facilities, and nursing homes, or parts thereof, which provide
2treatment of persons with mental illness whether or not the
3primary purpose is to provide treatment of persons with mental
4illness.
5    "National governing body" means a group of persons who
6adopt rules and formulate policy on behalf of a national
7firearm sporting organization.
8    "Patient" means:
9        (1) a person who is admitted as an inpatient or
10    resident of a public or private mental health facility for
11    mental health treatment under Chapter III of the Mental
12    Health and Developmental Disabilities Code as an informal
13    admission, a voluntary admission, a minor admission, an
14    emergency admission, or an involuntary admission, unless
15    the treatment was solely for an alcohol abuse disorder; or
16        (2) a person who voluntarily or involuntarily receives
17    mental health treatment as an out-patient or is otherwise
18    provided services by a public or private mental health
19    facility, and who poses a clear and present danger to
20    himself, herself, or to others.
21    "Person with a developmental disability" means a person
22with a disability which is attributable to any other condition
23which results in impairment similar to that caused by an
24intellectual disability and which requires services similar to
25those required by persons with intellectual disabilities. The
26disability must originate before the age of 18 years, be

 

 

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1expected to continue indefinitely, and constitute a
2substantial disability. This disability results, in the
3professional opinion of a physician, clinical psychologist, or
4qualified examiner, in significant functional limitations in 3
5or more of the following areas of major life activity:
6        (i) self-care;
7        (ii) receptive and expressive language;
8        (iii) learning;
9        (iv) mobility; or
10        (v) self-direction.
11    "Person with an intellectual disability" means a person
12with a significantly subaverage general intellectual
13functioning which exists concurrently with impairment in
14adaptive behavior and which originates before the age of 18
15years.
16    "Physician" has the meaning as defined in Section 1-120 of
17the Mental Health and Developmental Disabilities Code.
18    "Qualified examiner" has the meaning provided in Section
191-122 of the Mental Health and Developmental Disabilities Code.
20    "Sanctioned competitive shooting event" means a shooting
21contest officially recognized by a national or state shooting
22sport association, and includes any sight-in or practice
23conducted in conjunction with the event.
24    "School administrator" means the person required to report
25under the School Administrator Reporting of Mental Health Clear
26and Present Danger Determinations Law.

 

 

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1    "Stun gun or taser" has the meaning ascribed to it in
2Section 24-1 of the Criminal Code of 2012.
3(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15;
499-642, eff. 7-28-16; 100-906, eff. 1-1-19.)
 
5    (430 ILCS 65/3a)  (from Ch. 38, par. 83-3a)
6    Sec. 3a. (a) Any resident of Illinois who has obtained a
7firearm owner's identification card pursuant to this Act and
8who is not otherwise prohibited from obtaining, possessing or
9using a firearm may purchase or obtain a rifle or shotgun or
10ammunition for a rifle or shotgun in Iowa, Missouri, Indiana,
11Wisconsin or Kentucky.
12    (b) Any resident of Iowa, Missouri, Indiana, Wisconsin or
13Kentucky or a non-resident with a valid non-resident hunting
14license, who is 18 years of age or older and who is not
15prohibited by the laws of Illinois, the state of his domicile,
16or the United States from obtaining, possessing or using a
17firearm, may purchase or obtain a rifle, shotgun or ammunition
18for a rifle or shotgun in Illinois.
19    (b-5) Any non-resident who is participating in a sanctioned
20competitive shooting event, who is 18 years of age or older and
21who is not prohibited by the laws of Illinois, the state of his
22or her domicile, or the United States from obtaining,
23possessing, or using a firearm, may purchase or obtain a
24shotgun or shotgun ammunition in Illinois for the purpose of
25participating in that event. A person may purchase or obtain a

 

 

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1shotgun or shotgun ammunition under this subsection only at the
2site where the sanctioned competitive shooting event is being
3held.
4    (b-10) Any non-resident registered competitor or attendee
5of a competitive shooting event held at the World Shooting and
6Recreational Complex sanctioned by a national governing body,
7who is not prohibited by the laws of Illinois, the state of his
8or her domicile, or the United States from obtaining,
9possessing, or using a firearm may purchase or obtain a rifle,
10shotgun, or other long gun or ammunition for a rifle, shotgun,
11or other long gun at the competitive shooting event. The
12sanctioning body shall provide a list of registered competitors
13and attendees as required under subparagraph (5) of paragraph
14(g) of subsection (A) of Section 24-3 of the Criminal Code of
152012. A competitor or attendee of a competitive shooting event
16who does not wish to purchase a firearm at the event is not
17required to register or have his or her name appear on a list
18of registered competitors and attendees provided to the
19Department of State Police by the sanctioning body.
20    (c) Any transaction under this Section is subject to the
21provisions of the Gun Control Act of 1968 (18 U.S.C. 922
22(b)(3)).
23(Source: P.A. 99-29, eff. 7-10-15.)
 
24    Section 10. The Firearm Dealer License Certification Act is
25amended by adding Section 5-125 as follows:
 

 

 

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1    (430 ILCS 68/5-125 new)
2    Sec. 5-125. World Shooting and Recreational Complex.
3    This Act shall not apply to any person, firm, corporation,
4or other entity who has been given, and is currently in
5possession of, a valid Federal Firearms License, during all
6State approved activities held at the World Shooting and
7Recreational Complex.
 
8    Section 15. The Criminal Code of 2012 is amended by
9changing Section 24-3 as follows:
 
10    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
11    Sec. 24-3. Unlawful sale or delivery of firearms.
12    (A) A person commits the offense of unlawful sale or
13delivery of firearms when he or she knowingly does any of the
14following:
15        (a) Sells or gives any firearm of a size which may be
16    concealed upon the person to any person under 18 years of
17    age.
18        (b) Sells or gives any firearm to a person under 21
19    years of age who has been convicted of a misdemeanor other
20    than a traffic offense or adjudged delinquent.
21        (c) Sells or gives any firearm to any narcotic addict.
22        (d) Sells or gives any firearm to any person who has
23    been convicted of a felony under the laws of this or any

 

 

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1    other jurisdiction.
2        (e) Sells or gives any firearm to any person who has
3    been a patient in a mental institution within the past 5
4    years. In this subsection (e):
5            "Mental institution" means any hospital,
6        institution, clinic, evaluation facility, mental
7        health center, or part thereof, which is used primarily
8        for the care or treatment of persons with mental
9        illness.
10            "Patient in a mental institution" means the person
11        was admitted, either voluntarily or involuntarily, to
12        a mental institution for mental health treatment,
13        unless the treatment was voluntary and solely for an
14        alcohol abuse disorder and no other secondary
15        substance abuse disorder or mental illness.
16        (f) Sells or gives any firearms to any person who is a
17    person with an intellectual disability.
18        (g) Delivers any firearm, incidental to a sale, without
19    withholding delivery of the firearm for at least 72 hours
20    after application for its purchase has been made, or
21    delivers a stun gun or taser, incidental to a sale, without
22    withholding delivery of the stun gun or taser for at least
23    24 hours after application for its purchase has been made.
24    However, this paragraph (g) does not apply to: (1) the sale
25    of a firearm to a law enforcement officer if the seller of
26    the firearm knows that the person to whom he or she is

 

 

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1    selling the firearm is a law enforcement officer or the
2    sale of a firearm to a person who desires to purchase a
3    firearm for use in promoting the public interest incident
4    to his or her employment as a bank guard, armed truck
5    guard, or other similar employment; (2) a mail order sale
6    of a firearm from a federally licensed firearms dealer to a
7    nonresident of Illinois under which the firearm is mailed
8    to a federally licensed firearms dealer outside the
9    boundaries of Illinois; (3) (blank); (4) the sale of a
10    firearm to a dealer licensed as a federal firearms dealer
11    under Section 923 of the federal Gun Control Act of 1968
12    (18 U.S.C. 923); or (5) the transfer or sale of any rifle,
13    shotgun, or other long gun to a resident registered
14    competitor or attendee or non-resident registered
15    competitor or attendee by any dealer licensed as a federal
16    firearms dealer under Section 923 of the federal Gun
17    Control Act of 1968 at competitive shooting events held at
18    the World Shooting and Recreational Complex sanctioned by a
19    national governing body. For purposes of transfers or sales
20    under subparagraph (5) of this paragraph (g), the
21    Department of Natural Resources shall give notice to the
22    Department of State Police at least 30 calendar days prior
23    to any competitive shooting events at the World Shooting
24    and Recreational Complex sanctioned by a national
25    governing body. The notification shall be made on a form
26    prescribed by the Department of State Police. The

 

 

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1    sanctioning body shall provide a list of all registered
2    competitors and attendees at least 24 hours before the
3    events to the Department of State Police. Any changes to
4    the list of registered competitors and attendees shall be
5    forwarded to the Department of State Police as soon as
6    practicable. The Department of State Police must destroy
7    the list of registered competitors and attendees no later
8    than 30 days after the date of the event. Nothing in this
9    paragraph (g) relieves a federally licensed firearm dealer
10    from the requirements of conducting a NICS background check
11    through the Illinois Point of Contact under 18 U.S.C.
12    922(t). For purposes of this paragraph (g), "application"
13    means when the buyer and seller reach an agreement to
14    purchase a firearm. For purposes of this paragraph (g),
15    "national governing body" means a group of persons who
16    adopt rules and formulate policy on behalf of a national
17    firearm sporting organization.
18        (h) While holding any license as a dealer, importer,
19    manufacturer or pawnbroker under the federal Gun Control
20    Act of 1968, manufactures, sells or delivers to any
21    unlicensed person a handgun having a barrel, slide, frame
22    or receiver which is a die casting of zinc alloy or any
23    other nonhomogeneous metal which will melt or deform at a
24    temperature of less than 800 degrees Fahrenheit. For
25    purposes of this paragraph, (1) "firearm" is defined as in
26    the Firearm Owners Identification Card Act; and (2)

 

 

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1    "handgun" is defined as a firearm designed to be held and
2    fired by the use of a single hand, and includes a
3    combination of parts from which such a firearm can be
4    assembled.
5        (i) Sells or gives a firearm of any size to any person
6    under 18 years of age who does not possess a valid Firearm
7    Owner's Identification Card.
8        (j) Sells or gives a firearm while engaged in the
9    business of selling firearms at wholesale or retail without
10    being licensed as a federal firearms dealer under Section
11    923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
12    In this paragraph (j):
13        A person "engaged in the business" means a person who
14    devotes time, attention, and labor to engaging in the
15    activity as a regular course of trade or business with the
16    principal objective of livelihood and profit, but does not
17    include a person who makes occasional repairs of firearms
18    or who occasionally fits special barrels, stocks, or
19    trigger mechanisms to firearms.
20        "With the principal objective of livelihood and
21    profit" means that the intent underlying the sale or
22    disposition of firearms is predominantly one of obtaining
23    livelihood and pecuniary gain, as opposed to other intents,
24    such as improving or liquidating a personal firearms
25    collection; however, proof of profit shall not be required
26    as to a person who engages in the regular and repetitive

 

 

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1    purchase and disposition of firearms for criminal purposes
2    or terrorism.
3        (k) Sells or transfers ownership of a firearm to a
4    person who does not display to the seller or transferor of
5    the firearm either: (1) a currently valid Firearm Owner's
6    Identification Card that has previously been issued in the
7    transferee's name by the Department of State Police under
8    the provisions of the Firearm Owners Identification Card
9    Act; or (2) a currently valid license to carry a concealed
10    firearm that has previously been issued in the transferee's
11    name by the Department of State Police under the Firearm
12    Concealed Carry Act. This paragraph (k) does not apply to
13    the transfer of a firearm to a person who is exempt from
14    the requirement of possessing a Firearm Owner's
15    Identification Card under Section 2 of the Firearm Owners
16    Identification Card Act. For the purposes of this Section,
17    a currently valid Firearm Owner's Identification Card
18    means (i) a Firearm Owner's Identification Card that has
19    not expired or (ii) an approval number issued in accordance
20    with subsection (a-10) of subsection 3 or Section 3.1 of
21    the Firearm Owners Identification Card Act shall be proof
22    that the Firearm Owner's Identification Card was valid.
23            (1) In addition to the other requirements of this
24        paragraph (k), all persons who are not federally
25        licensed firearms dealers must also have complied with
26        subsection (a-10) of Section 3 of the Firearm Owners

 

 

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1        Identification Card Act by determining the validity of
2        a purchaser's Firearm Owner's Identification Card.
3            (2) All sellers or transferors who have complied
4        with the requirements of subparagraph (1) of this
5        paragraph (k) shall not be liable for damages in any
6        civil action arising from the use or misuse by the
7        transferee of the firearm transferred, except for
8        willful or wanton misconduct on the part of the seller
9        or transferor.
10        (l) Not being entitled to the possession of a firearm,
11    delivers the firearm, knowing it to have been stolen or
12    converted. It may be inferred that a person who possesses a
13    firearm with knowledge that its serial number has been
14    removed or altered has knowledge that the firearm is stolen
15    or converted.
16    (B) Paragraph (h) of subsection (A) does not include
17firearms sold within 6 months after enactment of Public Act
1878-355 (approved August 21, 1973, effective October 1, 1973),
19nor is any firearm legally owned or possessed by any citizen or
20purchased by any citizen within 6 months after the enactment of
21Public Act 78-355 subject to confiscation or seizure under the
22provisions of that Public Act. Nothing in Public Act 78-355
23shall be construed to prohibit the gift or trade of any firearm
24if that firearm was legally held or acquired within 6 months
25after the enactment of that Public Act.
26    (C) Sentence.

 

 

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1        (1) Any person convicted of unlawful sale or delivery
2    of firearms in violation of paragraph (c), (e), (f), (g),
3    or (h) of subsection (A) commits a Class 4 felony.
4        (2) Any person convicted of unlawful sale or delivery
5    of firearms in violation of paragraph (b) or (i) of
6    subsection (A) commits a Class 3 felony.
7        (3) Any person convicted of unlawful sale or delivery
8    of firearms in violation of paragraph (a) of subsection (A)
9    commits a Class 2 felony.
10        (4) Any person convicted of unlawful sale or delivery
11    of firearms in violation of paragraph (a), (b), or (i) of
12    subsection (A) in any school, on the real property
13    comprising a school, within 1,000 feet of the real property
14    comprising a school, at a school related activity, or on or
15    within 1,000 feet of any conveyance owned, leased, or
16    contracted by a school or school district to transport
17    students to or from school or a school related activity,
18    regardless of the time of day or time of year at which the
19    offense was committed, commits a Class 1 felony. Any person
20    convicted of a second or subsequent violation of unlawful
21    sale or delivery of firearms in violation of paragraph (a),
22    (b), or (i) of subsection (A) in any school, on the real
23    property comprising a school, within 1,000 feet of the real
24    property comprising a school, at a school related activity,
25    or on or within 1,000 feet of any conveyance owned, leased,
26    or contracted by a school or school district to transport

 

 

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1    students to or from school or a school related activity,
2    regardless of the time of day or time of year at which the
3    offense was committed, commits a Class 1 felony for which
4    the sentence shall be a term of imprisonment of no less
5    than 5 years and no more than 15 years.
6        (5) Any person convicted of unlawful sale or delivery
7    of firearms in violation of paragraph (a) or (i) of
8    subsection (A) in residential property owned, operated, or
9    managed by a public housing agency or leased by a public
10    housing agency as part of a scattered site or mixed-income
11    development, in a public park, in a courthouse, on
12    residential property owned, operated, or managed by a
13    public housing agency or leased by a public housing agency
14    as part of a scattered site or mixed-income development, on
15    the real property comprising any public park, on the real
16    property comprising any courthouse, or on any public way
17    within 1,000 feet of the real property comprising any
18    public park, courthouse, or residential property owned,
19    operated, or managed by a public housing agency or leased
20    by a public housing agency as part of a scattered site or
21    mixed-income development commits a Class 2 felony.
22        (6) Any person convicted of unlawful sale or delivery
23    of firearms in violation of paragraph (j) of subsection (A)
24    commits a Class A misdemeanor. A second or subsequent
25    violation is a Class 4 felony.
26        (7) Any person convicted of unlawful sale or delivery

 

 

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1    of firearms in violation of paragraph (k) of subsection (A)
2    commits a Class 4 felony, except that a violation of
3    subparagraph (1) of paragraph (k) of subsection (A) shall
4    not be punishable as a crime or petty offense. A third or
5    subsequent conviction for a violation of paragraph (k) of
6    subsection (A) is a Class 1 felony.
7        (8) A person 18 years of age or older convicted of
8    unlawful sale or delivery of firearms in violation of
9    paragraph (a) or (i) of subsection (A), when the firearm
10    that was sold or given to another person under 18 years of
11    age was used in the commission of or attempt to commit a
12    forcible felony, shall be fined or imprisoned, or both, not
13    to exceed the maximum provided for the most serious
14    forcible felony so committed or attempted by the person
15    under 18 years of age who was sold or given the firearm.
16        (9) Any person convicted of unlawful sale or delivery
17    of firearms in violation of paragraph (d) of subsection (A)
18    commits a Class 3 felony.
19        (10) Any person convicted of unlawful sale or delivery
20    of firearms in violation of paragraph (l) of subsection (A)
21    commits a Class 2 felony if the delivery is of one firearm.
22    Any person convicted of unlawful sale or delivery of
23    firearms in violation of paragraph (l) of subsection (A)
24    commits a Class 1 felony if the delivery is of not less
25    than 2 and not more than 5 firearms at the same time or
26    within a one year period. Any person convicted of unlawful

 

 

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1    sale or delivery of firearms in violation of paragraph (l)
2    of subsection (A) commits a Class X felony for which he or
3    she shall be sentenced to a term of imprisonment of not
4    less than 6 years and not more than 30 years if the
5    delivery is of not less than 6 and not more than 10
6    firearms at the same time or within a 2 year period. Any
7    person convicted of unlawful sale or delivery of firearms
8    in violation of paragraph (l) of subsection (A) commits a
9    Class X felony for which he or she shall be sentenced to a
10    term of imprisonment of not less than 6 years and not more
11    than 40 years if the delivery is of not less than 11 and
12    not more than 20 firearms at the same time or within a 3
13    year period. Any person convicted of unlawful sale or
14    delivery of firearms in violation of paragraph (l) of
15    subsection (A) commits a Class X felony for which he or she
16    shall be sentenced to a term of imprisonment of not less
17    than 6 years and not more than 50 years if the delivery is
18    of not less than 21 and not more than 30 firearms at the
19    same time or within a 4 year period. Any person convicted
20    of unlawful sale or delivery of firearms in violation of
21    paragraph (l) of subsection (A) 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 60
24    years if the delivery is of 31 or more firearms at the same
25    time or within a 5 year period.
26    (D) For purposes of this Section:

 

 

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1    "School" means a public or private elementary or secondary
2school, community college, college, or university.
3    "School related activity" means any sporting, social,
4academic, or other activity for which students' attendance or
5participation is sponsored, organized, or funded in whole or in
6part by a school or school district.
7    (E) A prosecution for a violation of paragraph (k) of
8subsection (A) of this Section may be commenced within 6 years
9after the commission of the offense. A prosecution for a
10violation of this Section other than paragraph (g) of
11subsection (A) of this Section may be commenced within 5 years
12after the commission of the offense defined in the particular
13paragraph.
14(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15;
1599-642, eff. 7-28-16; 100-606, eff. 1-1-19.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.