Illinois General Assembly - Full Text of HB5849
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Full Text of HB5849  96th General Assembly

HB5849eng 96TH GENERAL ASSEMBLY

  
  
  

 


 
HB5849 Engrossed LRB096 19208 RLC 34599 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Criminal Code of 1961 is amended by changing
5 Sections 24-1, 24-1.6, 24-2, and 24-3 as follows:
 
6     (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
7     Sec. 24-1. Unlawful Use of Weapons.
8     (a) A person commits the offense of unlawful use of weapons
9 when he knowingly:
10         (1) Sells, manufactures, purchases, possesses or
11     carries any bludgeon, black-jack, slung-shot, sand-club,
12     sand-bag, metal knuckles or other knuckle weapon
13     regardless of its composition, throwing star, or any knife,
14     commonly referred to as a switchblade knife, which has a
15     blade that opens automatically by hand pressure applied to
16     a button, spring or other device in the handle of the
17     knife, or a ballistic knife, which is a device that propels
18     a knifelike blade as a projectile by means of a coil
19     spring, elastic material or compressed gas; or
20         (2) Carries or possesses with intent to use the same
21     unlawfully against another, a dagger, dirk, billy,
22     dangerous knife, razor, stiletto, broken bottle or other
23     piece of glass, stun gun or taser or any other dangerous or

 

 

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1     deadly weapon or instrument of like character; or
2         (3) Carries on or about his person or in any vehicle, a
3     tear gas gun projector or bomb or any object containing
4     noxious liquid gas or substance, other than an object
5     containing a non-lethal noxious liquid gas or substance
6     designed solely for personal defense carried by a person 18
7     years of age or older; or
8         (4) Carries or possesses in any vehicle or concealed on
9     or about his person except when on his land or in his own
10     abode, legal dwelling, or fixed place of business, or on
11     the land or in the legal dwelling of another person as an
12     invitee with that person's permission, any pistol,
13     revolver, stun gun or taser or other firearm, except that
14     this subsection (a) (4) does not apply to or affect
15     transportation of weapons that meet one of the following
16     conditions:
17             (i) are broken down in a non-functioning state; or
18             (ii) are not immediately accessible; or
19             (iii) are unloaded and enclosed in a firearm case,
20         firearm carrying box, shipping box, or other similar
21         portable container designed for the safe
22         transportation of firearms by a person who has been
23         issued a currently valid Firearm Owner's
24         Identification Card; or
25         (5) Sets a spring gun; or
26         (6) Possesses any device or attachment of any kind

 

 

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1     designed, used or intended for use in silencing the report
2     of any firearm; or
3         (7) Sells, manufactures, purchases, possesses or
4     carries:
5             (i) a machine gun, which shall be defined for the
6         purposes of this subsection as any weapon, which
7         shoots, is designed to shoot, or can be readily
8         restored to shoot, automatically more than one shot
9         without manually reloading by a single function of the
10         trigger, including the frame or receiver of any such
11         weapon, or sells, manufactures, purchases, possesses,
12         or carries any combination of parts designed or
13         intended for use in converting any weapon into a
14         machine gun, or any combination or parts from which a
15         machine gun can be assembled if such parts are in the
16         possession or under the control of a person;
17             (ii) any rifle having one or more barrels less than
18         16 inches in length or a shotgun having one or more
19         barrels less than 18 inches in length or any weapon
20         made from a rifle or shotgun, whether by alteration,
21         modification, or otherwise, if such a weapon as
22         modified has an overall length of less than 26 inches;
23         or
24             (iii) any bomb, bomb-shell, grenade, bottle or
25         other container containing an explosive substance of
26         over one-quarter ounce for like purposes, such as, but

 

 

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1         not limited to, black powder bombs and Molotov
2         cocktails or artillery projectiles; or
3         (8) Carries or possesses any firearm, stun gun or taser
4     or other deadly weapon in any place which is licensed to
5     sell intoxicating beverages, or at any public gathering
6     held pursuant to a license issued by any governmental body
7     or any public gathering at which an admission is charged,
8     excluding a place where a showing, demonstration or lecture
9     involving the exhibition of unloaded firearms is
10     conducted.
11         This subsection (a)(8) does not apply to any auction or
12     raffle of a firearm held pursuant to a license or permit
13     issued by a governmental body, nor does it apply to persons
14     engaged in firearm safety training courses; or
15         (9) Carries or possesses in a vehicle or on or about
16     his person any pistol, revolver, stun gun or taser or
17     firearm or ballistic knife, when he is hooded, robed or
18     masked in such manner as to conceal his identity; or
19         (10) Carries or possesses on or about his person, upon
20     any public street, alley, or other public lands within the
21     corporate limits of a city, village or incorporated town,
22     except when an invitee thereon or therein, for the purpose
23     of the display of such weapon or the lawful commerce in
24     weapons, or except when on his land or in his own abode,
25     legal dwelling, or fixed place of business, or on the land
26     or in the legal dwelling of another person as an invitee

 

 

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1     with that person's permission, any pistol, revolver, stun
2     gun or taser or other firearm, except that this subsection
3     (a) (10) does not apply to or affect transportation of
4     weapons that meet one of the following conditions:
5             (i) are broken down in a non-functioning state; or
6             (ii) are not immediately accessible; or
7             (iii) are unloaded and enclosed in a firearm case,
8         firearm carrying box, shipping box, or other similar
9         portable container designed for the safe
10         transportation of firearms by a person who has been
11         issued a currently valid Firearm Owner's
12         Identification Card.
13         A "stun gun or taser", as used in this paragraph (a)
14     means (i) any device which is powered by electrical
15     charging units, such as, batteries, and which fires one or
16     several barbs attached to a length of wire and which, upon
17     hitting a human, can send out a current capable of
18     disrupting the person's nervous system in such a manner as
19     to render him incapable of normal functioning or (ii) any
20     device which is powered by electrical charging units, such
21     as batteries, and which, upon contact with a human or
22     clothing worn by a human, can send out current capable of
23     disrupting the person's nervous system in such a manner as
24     to render him incapable of normal functioning; or
25         (11) Sells, manufactures or purchases any explosive
26     bullet. For purposes of this paragraph (a) "explosive

 

 

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1     bullet" means the projectile portion of an ammunition
2     cartridge which contains or carries an explosive charge
3     which will explode upon contact with the flesh of a human
4     or an animal. "Cartridge" means a tubular metal case having
5     a projectile affixed at the front thereof and a cap or
6     primer at the rear end thereof, with the propellant
7     contained in such tube between the projectile and the cap;
8     or
9         (12) (Blank); or
10         (13) Carries or possesses on or about his or her person
11     while in a building occupied by a unit of government, a
12     billy club, other weapon of like character, or other
13     instrument of like character intended for use as a weapon.
14     For the purposes of this Section, "billy club" means a
15     short stick or club commonly carried by police officers
16     which is either telescopic or constructed of a solid piece
17     of wood or other man-made material.
18     (b) Sentence. A person convicted of a violation of
19 subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
20 subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
21 Class A misdemeanor. A person convicted of a violation of
22 subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
23 person convicted of a violation of subsection 24-1(a)(6) or
24 24-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
25 convicted of a violation of subsection 24-1(a)(7)(i) commits a
26 Class 2 felony and shall be sentenced to a term of imprisonment

 

 

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1 of not less than 3 years and not more than 7 years, unless the
2 weapon is possessed in the passenger compartment of a motor
3 vehicle as defined in Section 1-146 of the Illinois Vehicle
4 Code, or on the person, while the weapon is loaded, in which
5 case it shall be a Class X felony. A person convicted of a
6 second or subsequent violation of subsection 24-1(a)(4),
7 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
8 felony. The possession of each weapon in violation of this
9 Section constitutes a single and separate violation.
10     (c) Violations in specific places.
11         (1) A person who violates subsection 24-1(a)(6) or
12     24-1(a)(7) in any school, regardless of the time of day or
13     the time of year, in residential property owned, operated
14     or managed by a public housing agency or leased by a public
15     housing agency as part of a scattered site or mixed-income
16     development, in a public park, in a courthouse, on the real
17     property comprising any school, regardless of the time of
18     day or the time of year, on residential property owned,
19     operated or managed by a public housing agency or leased by
20     a public housing agency as part of a scattered site or
21     mixed-income development, on the real property comprising
22     any public park, on the real property comprising any
23     courthouse, in any conveyance owned, leased or contracted
24     by a school to transport students to or from school or a
25     school related activity, in any conveyance owned, leased,
26     or contracted by a public transportation agency, or on any

 

 

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1     public way within 1,000 feet of the real property
2     comprising any school, public park, courthouse, public
3     transportation facility, or residential property owned,
4     operated, or managed by a public housing agency or leased
5     by a public housing agency as part of a scattered site or
6     mixed-income development commits a Class 2 felony and shall
7     be sentenced to a term of imprisonment of not less than 3
8     years and not more than 7 years.
9         (1.5) A person who violates subsection 24-1(a)(4),
10     24-1(a)(9), or 24-1(a)(10) in any school, regardless of the
11     time of day or the time of year, in residential property
12     owned, operated, or managed by a public housing agency or
13     leased by a public housing agency as part of a scattered
14     site or mixed-income development, in a public park, in a
15     courthouse, on the real property comprising any school,
16     regardless of the time of day or the time of year, on
17     residential property owned, operated, or managed by a
18     public housing agency or leased by a public housing agency
19     as part of a scattered site or mixed-income development, on
20     the real property comprising any public park, on the real
21     property comprising any courthouse, in any conveyance
22     owned, leased, or contracted by a school to transport
23     students to or from school or a school related activity, in
24     any conveyance owned, leased, or contracted by a public
25     transportation agency, or on any public way within 1,000
26     feet of the real property comprising any school, public

 

 

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1     park, courthouse, public transportation facility, or
2     residential property owned, operated, or managed by a
3     public housing agency or leased by a public housing agency
4     as part of a scattered site or mixed-income development
5     commits a Class 3 felony.
6         (2) A person who violates subsection 24-1(a)(1),
7     24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
8     time of day or the time of year, in residential property
9     owned, operated or managed by a public housing agency or
10     leased by a public housing agency as part of a scattered
11     site or mixed-income development, in a public park, in a
12     courthouse, on the real property comprising any school,
13     regardless of the time of day or the time of year, on
14     residential property owned, operated or managed by a public
15     housing agency or leased by a public housing agency as part
16     of a scattered site or mixed-income development, on the
17     real property comprising any public park, on the real
18     property comprising any courthouse, in any conveyance
19     owned, leased or contracted by a school to transport
20     students to or from school or a school related activity, in
21     any conveyance owned, leased, or contracted by a public
22     transportation agency, or on any public way within 1,000
23     feet of the real property comprising any school, public
24     park, courthouse, public transportation facility, or
25     residential property owned, operated, or managed by a
26     public housing agency or leased by a public housing agency

 

 

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1     as part of a scattered site or mixed-income development
2     commits a Class 4 felony. "Courthouse" means any building
3     that is used by the Circuit, Appellate, or Supreme Court of
4     this State for the conduct of official business.
5         (3) Paragraphs (1), (1.5), and (2) of this subsection
6     (c) shall not apply to law enforcement officers or security
7     officers of such school, college, or university or to
8     students carrying or possessing firearms for use in
9     training courses, parades, hunting, target shooting on
10     school ranges, or otherwise with the consent of school
11     authorities and which firearms are transported unloaded
12     enclosed in a suitable case, box, or transportation
13     package.
14         (4) For the purposes of this subsection (c), "school"
15     means any public or private elementary or secondary school,
16     community college, college, or university.
17         (5) For the purposes of this subsection (c), "public
18     transportation agency" means a public or private agency
19     that provides for the transportation or conveyance of
20     persons by means available to the general public, except
21     for transportation by automobiles not used for conveyance
22     of the general public as passengers; and "public
23     transportation facility" means a terminal or other place
24     where one may obtain public transportation.
25     (d) The presence in an automobile other than a public
26 omnibus of any weapon, instrument or substance referred to in

 

 

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1 subsection (a)(7) is prima facie evidence that it is in the
2 possession of, and is being carried by, all persons occupying
3 such automobile at the time such weapon, instrument or
4 substance is found, except under the following circumstances:
5 (i) if such weapon, instrument or instrumentality is found upon
6 the person of one of the occupants therein; or (ii) if such
7 weapon, instrument or substance is found in an automobile
8 operated for hire by a duly licensed driver in the due, lawful
9 and proper pursuit of his trade, then such presumption shall
10 not apply to the driver.
11     (e) Exemptions. Crossbows, Common or Compound bows and
12 Underwater Spearguns are exempted from the definition of
13 ballistic knife as defined in paragraph (1) of subsection (a)
14 of this Section.
15 (Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09;
16 95-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09;
17 96-742, eff. 8-25-09; revised 10-9-09.)
 
18     (720 ILCS 5/24-1.6)
19     Sec. 24-1.6. Aggravated unlawful use of a weapon.
20     (a) A person commits the offense of aggravated unlawful use
21 of a weapon when he or she knowingly:
22         (1) Carries on or about his or her person or in any
23     vehicle or concealed on or about his or her person except
24     when on his or her land or in his or her abode, legal
25     dwelling, or fixed place of business, or on the land or in

 

 

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1     the legal dwelling of another person as an invitee with
2     that person's permission, any pistol, revolver, stun gun or
3     taser or other firearm; or
4         (2) Carries or possesses on or about his or her person,
5     upon any public street, alley, or other public lands within
6     the corporate limits of a city, village or incorporated
7     town, except when an invitee thereon or therein, for the
8     purpose of the display of such weapon or the lawful
9     commerce in weapons, or except when on his or her own land
10     or in his or her own abode, legal dwelling, or fixed place
11     of business, or on the land or in the legal dwelling of
12     another person as an invitee with that person's permission,
13     any pistol, revolver, stun gun or taser or other firearm;
14     and
15         (3) One of the following factors is present:
16             (A) the firearm possessed was uncased, loaded and
17         immediately accessible at the time of the offense; or
18             (B) the firearm possessed was uncased, unloaded
19         and the ammunition for the weapon was immediately
20         accessible at the time of the offense; or
21             (C) the person possessing the firearm has not been
22         issued a currently valid Firearm Owner's
23         Identification Card; or
24             (D) the person possessing the weapon was
25         previously adjudicated a delinquent minor under the
26         Juvenile Court Act of 1987 for an act that if committed

 

 

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1         by an adult would be a felony; or
2             (E) the person possessing the weapon was engaged in
3         a misdemeanor violation of the Cannabis Control Act, in
4         a misdemeanor violation of the Illinois Controlled
5         Substances Act, or in a misdemeanor violation of the
6         Methamphetamine Control and Community Protection Act;
7         or
8             (F) (blank); or
9             (G) the person possessing the weapon had a order of
10         protection issued against him or her within the
11         previous 2 years; or
12             (H) the person possessing the weapon was engaged in
13         the commission or attempted commission of a
14         misdemeanor involving the use or threat of violence
15         against the person or property of another; or
16             (I) the person possessing the weapon was under 21
17         years of age and in possession of a handgun as defined
18         in Section 24-3, unless the person under 21 is engaged
19         in lawful activities under the Wildlife Code or
20         described in subsection 24-2(b)(1), (b)(3), or
21         24-2(f).
22     (b) "Stun gun or taser" as used in this Section has the
23 same definition given to it in Section 24-1 of this Code.
24     (c) This Section does not apply to or affect the
25 transportation or possession of weapons that:
26             (i) are broken down in a non-functioning state; or

 

 

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1             (ii) are not immediately accessible; or
2             (iii) are unloaded and enclosed in a firearm case,
3         firearm carrying box, shipping box, or other similar
4         portable container designed for the safe
5         transportation of firearms by a person who has been
6         issued a currently valid Firearm Owner's
7         Identification Card.
8     (d) Sentence. Aggravated unlawful use of a weapon is a
9 Class 4 felony; a second or subsequent offense is a Class 2
10 felony for which the person shall be sentenced to a term of
11 imprisonment of not less than 3 years and not more than 7
12 years. Aggravated unlawful use of a weapon by a person who has
13 been previously convicted of a felony in this State or another
14 jurisdiction is a Class 2 felony for which the person shall be
15 sentenced to a term of imprisonment of not less than 3 years
16 and not more than 7 years. Aggravated unlawful use of a weapon
17 while wearing or in possession of body armor as defined in
18 Section 33F-1 by a person who has not been issued a valid
19 Firearms Owner's Identification Card in accordance with
20 Section 5 of the Firearm Owners Identification Card Act is a
21 Class X felony. The possession of each firearm in violation of
22 this Section constitutes a single and separate violation.
23 (Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09;
24 96-829, eff. 12-3-09.)
 
25     (720 ILCS 5/24-2)

 

 

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1     Sec. 24-2. Exemptions.
2     (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
3 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of
4 the following:
5         (1) Peace officers, and any person summoned by a peace
6     officer to assist in making arrests or preserving the
7     peace, while actually engaged in assisting such officer.
8         (2) Wardens, superintendents and keepers of prisons,
9     penitentiaries, jails and other institutions for the
10     detention of persons accused or convicted of an offense,
11     while in the performance of their official duty, or while
12     commuting between their homes and places of employment.
13         (3) Members of the Armed Services or Reserve Forces of
14     the United States or the Illinois National Guard or the
15     Reserve Officers Training Corps, while in the performance
16     of their official duty.
17         (4) Special agents employed by a railroad or a public
18     utility to perform police functions, and guards of armored
19     car companies, while actually engaged in the performance of
20     the duties of their employment or commuting between their
21     homes and places of employment; and watchmen while actually
22     engaged in the performance of the duties of their
23     employment.
24         (5) Persons licensed as private security contractors,
25     private detectives, or private alarm contractors, or
26     employed by an agency certified by the Department of

 

 

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1     Professional Regulation, if their duties include the
2     carrying of a weapon under the provisions of the Private
3     Detective, Private Alarm, Private Security, Fingerprint
4     Vendor, and Locksmith Act of 2004, while actually engaged
5     in the performance of the duties of their employment or
6     commuting between their homes and places of employment,
7     provided that such commuting is accomplished within one
8     hour from departure from home or place of employment, as
9     the case may be. Persons exempted under this subdivision
10     (a)(5) shall be required to have completed a course of
11     study in firearms handling and training approved and
12     supervised by the Department of Professional Regulation as
13     prescribed by Section 28 of the Private Detective, Private
14     Alarm, Private Security, Fingerprint Vendor, and Locksmith
15     Act of 2004, prior to becoming eligible for this exemption.
16     The Department of Professional Regulation shall provide
17     suitable documentation demonstrating the successful
18     completion of the prescribed firearms training. Such
19     documentation shall be carried at all times when such
20     persons are in possession of a concealable weapon.
21         (6) Any person regularly employed in a commercial or
22     industrial operation as a security guard for the protection
23     of persons employed and private property related to such
24     commercial or industrial operation, while actually engaged
25     in the performance of his or her duty or traveling between
26     sites or properties belonging to the employer, and who, as

 

 

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1     a security guard, is a member of a security force of at
2     least 5 persons registered with the Department of
3     Professional Regulation; provided that such security guard
4     has successfully completed a course of study, approved by
5     and supervised by the Department of Professional
6     Regulation, consisting of not less than 40 hours of
7     training that includes the theory of law enforcement,
8     liability for acts, and the handling of weapons. A person
9     shall be considered eligible for this exemption if he or
10     she has completed the required 20 hours of training for a
11     security officer and 20 hours of required firearm training,
12     and has been issued a firearm control card by the
13     Department of Professional Regulation. Conditions for the
14     renewal of firearm control cards issued under the
15     provisions of this Section shall be the same as for those
16     cards issued under the provisions of the Private Detective,
17     Private Alarm, Private Security, Fingerprint Vendor, and
18     Locksmith Act of 2004. Such firearm control card shall be
19     carried by the security guard at all times when he or she
20     is in possession of a concealable weapon.
21         (7) Agents and investigators of the Illinois
22     Legislative Investigating Commission authorized by the
23     Commission to carry the weapons specified in subsections
24     24-1(a)(3) and 24-1(a)(4), while on duty in the course of
25     any investigation for the Commission.
26         (8) Persons employed by a financial institution for the

 

 

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1     protection of other employees and property related to such
2     financial institution, while actually engaged in the
3     performance of their duties, commuting between their homes
4     and places of employment, or traveling between sites or
5     properties owned or operated by such financial
6     institution, provided that any person so employed has
7     successfully completed a course of study, approved by and
8     supervised by the Department of Professional Regulation,
9     consisting of not less than 40 hours of training which
10     includes theory of law enforcement, liability for acts, and
11     the handling of weapons. A person shall be considered to be
12     eligible for this exemption if he or she has completed the
13     required 20 hours of training for a security officer and 20
14     hours of required firearm training, and has been issued a
15     firearm control card by the Department of Professional
16     Regulation. Conditions for renewal of firearm control
17     cards issued under the provisions of this Section shall be
18     the same as for those issued under the provisions of the
19     Private Detective, Private Alarm, Private Security,
20     Fingerprint Vendor, and Locksmith Act of 2004. Such firearm
21     control card shall be carried by the person so trained at
22     all times when such person is in possession of a
23     concealable weapon. For purposes of this subsection,
24     "financial institution" means a bank, savings and loan
25     association, credit union or company providing armored car
26     services.

 

 

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1         (9) Any person employed by an armored car company to
2     drive an armored car, while actually engaged in the
3     performance of his duties.
4         (10) Persons who have been classified as peace officers
5     pursuant to the Peace Officer Fire Investigation Act.
6         (11) Investigators of the Office of the State's
7     Attorneys Appellate Prosecutor authorized by the board of
8     governors of the Office of the State's Attorneys Appellate
9     Prosecutor to carry weapons pursuant to Section 7.06 of the
10     State's Attorneys Appellate Prosecutor's Act.
11         (12) Special investigators appointed by a State's
12     Attorney under Section 3-9005 of the Counties Code.
13         (12.5) Probation officers while in the performance of
14     their duties, or while commuting between their homes,
15     places of employment or specific locations that are part of
16     their assigned duties, with the consent of the chief judge
17     of the circuit for which they are employed.
18         (13) Court Security Officers while in the performance
19     of their official duties, or while commuting between their
20     homes and places of employment, with the consent of the
21     Sheriff.
22         (13.5) A person employed as an armed security guard at
23     a nuclear energy, storage, weapons or development site or
24     facility regulated by the Nuclear Regulatory Commission
25     who has completed the background screening and training
26     mandated by the rules and regulations of the Nuclear

 

 

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1     Regulatory Commission.
2         (14) Manufacture, transportation, or sale of weapons
3     to persons authorized under subdivisions (1) through
4     (13.5) of this subsection to possess those weapons.
5     (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
6 24-1.6 do not apply to or affect any of the following:
7         (1) Members of any club or organization organized for
8     the purpose of practicing shooting at targets upon
9     established target ranges, whether public or private, and
10     patrons of such ranges, while such members or patrons are
11     using their firearms on those target ranges.
12         (2) Duly authorized military or civil organizations
13     while parading, with the special permission of the
14     Governor.
15         (3) Hunters, trappers or fishermen with a license or
16     permit while engaged in hunting, trapping or fishing.
17         (4) Transportation of weapons that are broken down in a
18     non-functioning state or are not immediately accessible.
19         (5) Carrying or possessing any pistol, revolver, stun
20     gun or taser or other firearm on the land or in the legal
21     dwelling of another person as an invitee with that person's
22     permission.
23     (c) Subsection 24-1(a)(7) does not apply to or affect any
24 of the following:
25         (1) Peace officers while in performance of their
26     official duties.

 

 

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1         (2) Wardens, superintendents and keepers of prisons,
2     penitentiaries, jails and other institutions for the
3     detention of persons accused or convicted of an offense.
4         (3) Members of the Armed Services or Reserve Forces of
5     the United States or the Illinois National Guard, while in
6     the performance of their official duty.
7         (4) Manufacture, transportation, or sale of machine
8     guns to persons authorized under subdivisions (1) through
9     (3) of this subsection to possess machine guns, if the
10     machine guns are broken down in a non-functioning state or
11     are not immediately accessible.
12         (5) Persons licensed under federal law to manufacture
13     any weapon from which 8 or more shots or bullets can be
14     discharged by a single function of the firing device, or
15     ammunition for such weapons, and actually engaged in the
16     business of manufacturing such weapons or ammunition, but
17     only with respect to activities which are within the lawful
18     scope of such business, such as the manufacture,
19     transportation, or testing of such weapons or ammunition.
20     This exemption does not authorize the general private
21     possession of any weapon from which 8 or more shots or
22     bullets can be discharged by a single function of the
23     firing device, but only such possession and activities as
24     are within the lawful scope of a licensed manufacturing
25     business described in this paragraph.
26         During transportation, such weapons shall be broken

 

 

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1     down in a non-functioning state or not immediately
2     accessible.
3         (6) The manufacture, transport, testing, delivery,
4     transfer or sale, and all lawful commercial or experimental
5     activities necessary thereto, of rifles, shotguns, and
6     weapons made from rifles or shotguns, or ammunition for
7     such rifles, shotguns or weapons, where engaged in by a
8     person operating as a contractor or subcontractor pursuant
9     to a contract or subcontract for the development and supply
10     of such rifles, shotguns, weapons or ammunition to the
11     United States government or any branch of the Armed Forces
12     of the United States, when such activities are necessary
13     and incident to fulfilling the terms of such contract.
14         The exemption granted under this subdivision (c)(6)
15     shall also apply to any authorized agent of any such
16     contractor or subcontractor who is operating within the
17     scope of his employment, where such activities involving
18     such weapon, weapons or ammunition are necessary and
19     incident to fulfilling the terms of such contract.
20         During transportation, any such weapon shall be broken
21     down in a non-functioning state, or not immediately
22     accessible.
23     (d) Subsection 24-1(a)(1) does not apply to the purchase,
24 possession or carrying of a black-jack or slung-shot by a peace
25 officer.
26     (e) Subsection 24-1(a)(8) does not apply to any owner,

 

 

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1 manager or authorized employee of any place specified in that
2 subsection nor to any law enforcement officer.
3     (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
4 Section 24-1.6 do not apply to members of any club or
5 organization organized for the purpose of practicing shooting
6 at targets upon established target ranges, whether public or
7 private, while using their firearms on those target ranges.
8     (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
9 to:
10         (1) Members of the Armed Services or Reserve Forces of
11     the United States or the Illinois National Guard, while in
12     the performance of their official duty.
13         (2) Bonafide collectors of antique or surplus military
14     ordinance.
15         (3) Laboratories having a department of forensic
16     ballistics, or specializing in the development of
17     ammunition or explosive ordinance.
18         (4) Commerce, preparation, assembly or possession of
19     explosive bullets by manufacturers of ammunition licensed
20     by the federal government, in connection with the supply of
21     those organizations and persons exempted by subdivision
22     (g)(1) of this Section, or like organizations and persons
23     outside this State, or the transportation of explosive
24     bullets to any organization or person exempted in this
25     Section by a common carrier or by a vehicle owned or leased
26     by an exempted manufacturer.

 

 

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1     (g-5) Subsection 24-1(a)(6) does not apply to or affect
2 persons licensed under federal law to manufacture any device or
3 attachment of any kind designed, used, or intended for use in
4 silencing the report of any firearm, firearms, or ammunition
5 for those firearms equipped with those devices, and actually
6 engaged in the business of manufacturing those devices,
7 firearms, or ammunition, but only with respect to activities
8 that are within the lawful scope of that business, such as the
9 manufacture, transportation, or testing of those devices,
10 firearms, or ammunition. This exemption does not authorize the
11 general private possession of any device or attachment of any
12 kind designed, used, or intended for use in silencing the
13 report of any firearm, but only such possession and activities
14 as are within the lawful scope of a licensed manufacturing
15 business described in this subsection (g-5). During
16 transportation, those devices shall be detached from any weapon
17 or not immediately accessible.
18     (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
19 24-1.6 do not apply to or affect any parole agent or parole
20 supervisor who meets the qualifications and conditions
21 prescribed in Section 3-14-1.5 of the Unified Code of
22 Corrections.
23     (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
24 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
25 athlete's possession, transport on official Olympic and
26 Paralympic transit systems established for athletes, or use of

 

 

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1 competition firearms sanctioned by the International Olympic
2 Committee, the International Paralympic Committee, the
3 International Shooting Sport Federation, or USA Shooting in
4 connection with such athlete's training for and participation
5 in shooting competitions at the 2016 Olympic and Paralympic
6 Games and sanctioned test events leading up to the 2016 Olympic
7 and Paralympic Games.
8     (h) An information or indictment based upon a violation of
9 any subsection of this Article need not negative any exemptions
10 contained in this Article. The defendant shall have the burden
11 of proving such an exemption.
12     (i) Nothing in this Article shall prohibit, apply to, or
13 affect the transportation, carrying, or possession, of any
14 pistol or revolver, stun gun, taser, or other firearm consigned
15 to a common carrier operating under license of the State of
16 Illinois or the federal government, where such transportation,
17 carrying, or possession is incident to the lawful
18 transportation in which such common carrier is engaged; and
19 nothing in this Article shall prohibit, apply to, or affect the
20 transportation, carrying, or possession of any pistol,
21 revolver, stun gun, taser, or other firearm, not the subject of
22 and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
23 this Article, which is unloaded and enclosed in a firearm case,
24 firearm carrying box, shipping box, or other similar portable
25 container designed for the safe transportation of firearms, by
26 the possessor of a valid Firearm Owners Identification Card.

 

 

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1 (Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07;
2 95-885, eff. 1-1-09; 96-7, eff. 4-3-09; 96-230, eff. 1-1-10;
3 96-742, eff. 8-25-09; revised 10-9-09.)
 
4     (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
5     Sec. 24-3. Unlawful Sale of Firearms.
6     (A) A person commits the offense of unlawful sale of
7 firearms when he or she knowingly does any of the following:
8         (a) Sells or gives any firearm of a size which may be
9     concealed upon the person to any person under 18 years of
10     age.
11         (b) Sells or gives any firearm to a person under 21
12     years of age who has been convicted of a misdemeanor other
13     than a traffic offense or adjudged delinquent.
14         (c) Sells or gives any firearm to any narcotic addict.
15         (d) Sells or gives any firearm to any person who has
16     been convicted of a felony under the laws of this or any
17     other jurisdiction.
18         (e) Sells or gives any firearm to any person who has
19     been a patient in a mental hospital within the past 5
20     years.
21         (f) Sells or gives any firearms to any person who is
22     mentally retarded.
23         (g) Delivers any firearm of a size which may be
24     concealed upon the person, incidental to a sale, without
25     withholding delivery of such firearm for at least 72 hours

 

 

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1     after application for its purchase has been made, or
2     delivers any rifle, shotgun or other long gun, or a stun
3     gun or taser, incidental to a sale, without withholding
4     delivery of such rifle, shotgun or other long gun, or a
5     stun gun or taser for at least 24 hours after application
6     for its purchase has been made. However, this paragraph (g)
7     does not apply to: (1) the sale of a firearm to a law
8     enforcement officer if the seller of the firearm knows that
9     the person to whom he or she is selling the firearm is a
10     law enforcement officer or the sale of a firearm to a
11     person who desires to purchase a firearm for use in
12     promoting the public interest incident to his or her
13     employment as a bank guard, armed truck guard, or other
14     similar employment; (2) a mail order sale of a firearm to a
15     nonresident of Illinois under which the firearm is mailed
16     to a point outside the boundaries of Illinois; (3) the sale
17     of a firearm to a nonresident of Illinois while at a
18     firearm showing or display recognized by the Illinois
19     Department of State Police; or (4) the sale of a firearm to
20     a dealer licensed as a federal firearms dealer under
21     Section 923 of the federal Gun Control Act of 1968 (18
22     U.S.C. 923). For purposes of this paragraph (g),
23     "application" means when the buyer and seller reach an
24     agreement to purchase a firearm.
25         (h) While holding any license as a dealer, importer,
26     manufacturer or pawnbroker under the federal Gun Control

 

 

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1     Act of 1968, manufactures, sells or delivers to any
2     unlicensed person a handgun having a barrel, slide, frame
3     or receiver which is a die casting of zinc alloy or any
4     other nonhomogeneous metal which will melt or deform at a
5     temperature of less than 800 degrees Fahrenheit. For
6     purposes of this paragraph, (1) "firearm" is defined as in
7     the Firearm Owners Identification Card Act; and (2)
8     "handgun" is defined as a firearm designed to be held and
9     fired by the use of a single hand, and includes a
10     combination of parts from which such a firearm can be
11     assembled.
12         (i) Sells or gives a firearm of any size to any person
13     under 18 years of age who does not possess a valid Firearm
14     Owner's Identification Card.
15         (j) Sells or gives a firearm while engaged in the
16     business of selling firearms at wholesale or retail without
17     being licensed as a federal firearms dealer under Section
18     923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
19     In this paragraph (j):
20         A person "engaged in the business" means a person who
21     devotes time, attention, and labor to engaging in the
22     activity as a regular course of trade or business with the
23     principal objective of livelihood and profit, but does not
24     include a person who makes occasional repairs of firearms
25     or who occasionally fits special barrels, stocks, or
26     trigger mechanisms to firearms.

 

 

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1         "With the principal objective of livelihood and
2     profit" means that the intent underlying the sale or
3     disposition of firearms is predominantly one of obtaining
4     livelihood and pecuniary gain, as opposed to other intents,
5     such as improving or liquidating a personal firearms
6     collection; however, proof of profit shall not be required
7     as to a person who engages in the regular and repetitive
8     purchase and disposition of firearms for criminal purposes
9     or terrorism.
10         (k) Sells or transfers ownership of a firearm to a
11     person who does not display to the seller or transferor of
12     the firearm a currently valid Firearm Owner's
13     Identification Card that has previously been issued in the
14     transferee's name by the Department of State Police under
15     the provisions of the Firearm Owners Identification Card
16     Act. This paragraph (k) does not apply to the transfer of a
17     firearm to a person who is exempt from the requirement of
18     possessing a Firearm Owner's Identification Card under
19     Section 2 of the Firearm Owners Identification Card Act.
20     For the purposes of this Section, a currently valid Firearm
21     Owner's Identification Card means (i) a Firearm Owner's
22     Identification Card that has not expired or (ii) if the
23     transferor is licensed as a federal firearms dealer under
24     Section 923 of the federal Gun Control Act of 1968 (18
25     U.S.C. 923), an approval number issued in accordance with
26     Section 3.1 of the Firearm Owners Identification Card Act

 

 

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1     shall be proof that the Firearm Owner's Identification Card
2     was valid.
3         (l) Sells or gives any firearm to any person whom the
4     seller or giver knows is a street gang member. For purposes
5     of this paragraph (l): "street gang member" has the meaning
6     ascribed to the term "street gang member" in Section 10 of
7     the Illinois Streetgang Terrorism Omnibus Prevention Act.
8     (B) Paragraph (h) of subsection (A) does not include
9 firearms sold within 6 months after enactment of Public Act
10 78-355 (approved August 21, 1973, effective October 1, 1973),
11 nor is any firearm legally owned or possessed by any citizen or
12 purchased by any citizen within 6 months after the enactment of
13 Public Act 78-355 subject to confiscation or seizure under the
14 provisions of that Public Act. Nothing in Public Act 78-355
15 shall be construed to prohibit the gift or trade of any firearm
16 if that firearm was legally held or acquired within 6 months
17 after the enactment of that Public Act.
18     (C) Sentence.
19         (1) Any person convicted of unlawful sale of firearms
20     in violation of paragraph (c), (e), (f), (g), or (h) of
21     subsection (A) commits a Class 4 felony.
22         (2) Any person convicted of unlawful sale of firearms
23     in violation of paragraph (b) or (i) of subsection (A)
24     commits a Class 3 felony.
25         (3) Any person convicted of unlawful sale of firearms
26     in violation of paragraph (a) of subsection (A) commits a

 

 

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

 

 

HB5849 Engrossed - 32 - LRB096 19208 RLC 34599 b

1     public housing agency or leased by a public housing agency
2     as part of a scattered site or mixed-income development, in
3     a public park, in a courthouse, on residential property
4     owned, operated, or managed by a public housing agency or
5     leased by a public housing agency as part of a scattered
6     site or mixed-income development, on the real property
7     comprising any public park, on the real property comprising
8     any courthouse, or on any public way within 1,000 feet of
9     the real property comprising any public park, courthouse,
10     or residential property owned, operated, or managed by a
11     public housing agency or leased by a public housing agency
12     as part of a scattered site or mixed-income development
13     commits a Class 2 felony.
14         (6) Any person convicted of unlawful sale of firearms
15     in violation of paragraph (j) of subsection (A) commits a
16     Class A misdemeanor. A second or subsequent violation is a
17     Class 4 felony.
18         (7) Any person convicted of unlawful sale of firearms
19     in violation of paragraph (k) of subsection (A) commits a
20     Class 4 felony. A third or subsequent conviction for a
21     violation of paragraph (k) of subsection (A) is a Class 1
22     felony.
23         (8) A person 18 years of age or older convicted of
24     unlawful sale of firearms in violation of paragraph (a) or
25     (i) of subsection (A), when the firearm that was sold or
26     given to another person under 18 years of age was used in

 

 

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1     the commission of or attempt to commit a forcible felony,
2     shall be fined or imprisoned, or both, not to exceed the
3     maximum provided for the most serious forcible felony so
4     committed or attempted by the person under 18 years of age
5     who was sold or given the firearm.
6         (9) Any person convicted of unlawful sale of firearms
7     in violation of paragraph (d) of subsection (A) commits a
8     Class 3 felony.
9         (10) Any person convicted of unlawful sale of firearms
10     in violation of paragraph (l) of subsection (A) commits a
11     Class 1 felony.
12     (D) For purposes of this Section:
13     "School" means a public or private elementary or secondary
14 school, community college, college, or university.
15     "School related activity" means any sporting, social,
16 academic, or other activity for which students' attendance or
17 participation is sponsored, organized, or funded in whole or in
18 part by a school or school district.
19     (E) A prosecution for a violation of paragraph (k) of
20 subsection (A) of this Section may be commenced within 6 years
21 after the commission of the offense. A prosecution for a
22 violation of this Section other than paragraph (g) of
23 subsection (A) of this Section may be commenced within 5 years
24 after the commission of the offense defined in the particular
25 paragraph.
26 (Source: P.A. 95-331, eff. 8-21-07; 95-735, eff. 7-16-08;

 

 

HB5849 Engrossed - 34 - LRB096 19208 RLC 34599 b

1 96-190, eff. 1-1-10.)
 
2     Section 99. Effective date. This Act takes effect upon
3 becoming law.