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Full Text of HB3431  97th General Assembly

HB3431enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
HB3431 EnrolledLRB097 06691 RLC 46778 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 1961 is amended by changing
5Sections 16-16, 16-16.1, and 24-3 as follows:
 
6    (720 ILCS 5/16-16)
7    Sec. 16-16. Possession of a stolen firearm.
8    (a) A person commits possession of a stolen firearm when he
9or she, not being entitled to the possession of a firearm,
10possesses or delivers the firearm, knowing it to have been
11stolen or converted. It may be inferred that a person who
12possesses a firearm with knowledge that its serial number has
13been removed or altered has knowledge that the firearm is
14stolen or converted.
15    (b) Possession of a stolen firearm is a Class 2 felony.
16(Source: P.A. 91-544, eff. 1-1-00.)
 
17    (720 ILCS 5/16-16.1)
18    Sec. 16-16.1. Aggravated possession of a stolen firearm.
19    (a) A person commits aggravated possession of a stolen
20firearm when he or she:
21        (1) Not being entitled to the possession of not less
22    than 2 and not more than 5 firearms, possesses or delivers

 

 

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1    those firearms at the same time or within a one year
2    period, knowing the firearms to have been stolen or
3    converted.
4        (2) Not being entitled to the possession of not less
5    than 6 and not more than 10 firearms, possesses or delivers
6    those firearms at the same time or within a 2 year period,
7    knowing the firearms to have been stolen or converted.
8        (3) Not being entitled to the possession of not less
9    than 11 and not more than 20 firearms, possesses or
10    delivers those firearms at the same time or within a 3 year
11    period, knowing the firearms to have been stolen or
12    converted.
13        (4) Not being entitled to the possession of not less
14    than 21 and not more than 30 firearms, possesses or
15    delivers those firearms at the same time or within a 4 year
16    period, knowing the firearms to have been stolen or
17    converted.
18        (5) Not being entitled to the possession of more than
19    31 or more firearms, possesses or delivers those firearms
20    at the same time or within a 5 year period, knowing the
21    firearms to have been stolen or converted.
22    (b) It may be inferred that a person who possesses a
23firearm with knowledge that its serial number has been removed
24or altered has knowledge that the firearm is stolen or
25converted.
26    (c) Sentence.

 

 

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1        (1) A person who violates paragraph (1) of subsection
2    (a) of this Section commits a Class 1 felony.
3        (2) A person who violates paragraph (2) of subsection
4    (a) of this Section commits a Class X felony for which he
5    or she shall be sentenced to a term of imprisonment of not
6    less than 6 years and not more than 30 years.
7        (3) A person who violates paragraph (3) of subsection
8    (a) of this Section commits a Class X felony for which he
9    or she shall be sentenced to a term of imprisonment of not
10    less than 6 years and not more than 40 years.
11        (4) A person who violates paragraph (4) of subsection
12    (a) of this Section commits a Class X felony for which he
13    or she shall be sentenced to a term of imprisonment of not
14    less than 6 years and not more than 50 years.
15        (5) A person who violates paragraph (5) of subsection
16    (a) of this Section commits a Class X felony for which he
17    or she shall be sentenced to a term of imprisonment of not
18    less than 6 years and not more than 60 years.
19(Source: P.A. 91-544, eff. 1-1-00.)
 
20    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
21    Sec. 24-3. Unlawful sale or delivery of firearms Sale of
22Firearms.
23    (A) A person commits the offense of unlawful sale or
24delivery of firearms when he or she knowingly does any of the
25following:

 

 

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1        (a) Sells or gives any firearm of a size which may be
2    concealed upon the person to any person under 18 years of
3    age.
4        (b) Sells or gives any firearm to a person under 21
5    years of age who has been convicted of a misdemeanor other
6    than a traffic offense or adjudged delinquent.
7        (c) Sells or gives any firearm to any narcotic addict.
8        (d) Sells or gives any firearm to any person who has
9    been convicted of a felony under the laws of this or any
10    other jurisdiction.
11        (e) Sells or gives any firearm to any person who has
12    been a patient in a mental hospital within the past 5
13    years.
14        (f) Sells or gives any firearms to any person who is
15    mentally retarded.
16        (g) Delivers any firearm of a size which may be
17    concealed upon the person, incidental to a sale, without
18    withholding delivery of such firearm for at least 72 hours
19    after application for its purchase has been made, or
20    delivers any rifle, shotgun or other long gun, or a stun
21    gun or taser, incidental to a sale, without withholding
22    delivery of such rifle, shotgun or other long gun, or a
23    stun gun or taser for at least 24 hours after application
24    for its purchase has been made. However, this paragraph (g)
25    does not apply to: (1) the sale of a firearm to a law
26    enforcement officer if the seller of the firearm knows that

 

 

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1    the person to whom he or she is selling the firearm is a
2    law enforcement officer or the sale of a firearm to a
3    person who desires to purchase a firearm for use in
4    promoting the public interest incident to his or her
5    employment as a bank guard, armed truck guard, or other
6    similar employment; (2) a mail order sale of a firearm to a
7    nonresident of Illinois under which the firearm is mailed
8    to a point outside the boundaries of Illinois; (3) the sale
9    of a firearm to a nonresident of Illinois while at a
10    firearm showing or display recognized by the Illinois
11    Department of State Police; or (4) the sale of a firearm to
12    a dealer licensed as a federal firearms dealer under
13    Section 923 of the federal Gun Control Act of 1968 (18
14    U.S.C. 923). For purposes of this paragraph (g),
15    "application" means when the buyer and seller reach an
16    agreement to purchase a firearm.
17        (h) While holding any license as a dealer, importer,
18    manufacturer or pawnbroker under the federal Gun Control
19    Act of 1968, manufactures, sells or delivers to any
20    unlicensed person a handgun having a barrel, slide, frame
21    or receiver which is a die casting of zinc alloy or any
22    other nonhomogeneous metal which will melt or deform at a
23    temperature of less than 800 degrees Fahrenheit. For
24    purposes of this paragraph, (1) "firearm" is defined as in
25    the Firearm Owners Identification Card Act; and (2)
26    "handgun" is defined as a firearm designed to be held and

 

 

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

 

 

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1    or terrorism.
2        (k) Sells or transfers ownership of a firearm to a
3    person who does not display to the seller or transferor of
4    the firearm a currently valid Firearm Owner's
5    Identification Card that has previously been issued in the
6    transferee's name by the Department of State Police under
7    the provisions of the Firearm Owners Identification Card
8    Act. This paragraph (k) does not apply to the transfer of a
9    firearm to a person who is exempt from the requirement of
10    possessing a Firearm Owner's Identification Card under
11    Section 2 of the Firearm Owners Identification Card Act.
12    For the purposes of this Section, a currently valid Firearm
13    Owner's Identification Card means (i) a Firearm Owner's
14    Identification Card that has not expired or (ii) if the
15    transferor is licensed as a federal firearms dealer under
16    Section 923 of the federal Gun Control Act of 1968 (18
17    U.S.C. 923), an approval number issued in accordance with
18    Section 3.1 of the Firearm Owners Identification Card Act
19    shall be proof that the Firearm Owner's Identification Card
20    was valid.
21        (l) Not being entitled to the possession of a firearm,
22    delivers the firearm, knowing it to have been stolen or
23    converted. It may be inferred that a person who possesses a
24    firearm with knowledge that its serial number has been
25    removed or altered has knowledge that the firearm is stolen
26    or converted.

 

 

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1    (B) Paragraph (h) of subsection (A) does not include
2firearms sold within 6 months after enactment of Public Act
378-355 (approved August 21, 1973, effective October 1, 1973),
4nor is any firearm legally owned or possessed by any citizen or
5purchased by any citizen within 6 months after the enactment of
6Public Act 78-355 subject to confiscation or seizure under the
7provisions of that Public Act. Nothing in Public Act 78-355
8shall be construed to prohibit the gift or trade of any firearm
9if that firearm was legally held or acquired within 6 months
10after the enactment of that Public Act.
11    (C) Sentence.
12        (1) Any person convicted of unlawful sale or delivery
13    of firearms in violation of paragraph (c), (e), (f), (g),
14    or (h) of subsection (A) commits a Class 4 felony.
15        (2) Any person convicted of unlawful sale or delivery
16    of firearms in violation of paragraph (b) or (i) of
17    subsection (A) commits a Class 3 felony.
18        (3) Any person convicted of unlawful sale or delivery
19    of firearms in violation of paragraph (a) of subsection (A)
20    commits a Class 2 felony.
21        (4) Any person convicted of unlawful sale or delivery
22    of firearms in violation of paragraph (a), (b), or (i) of
23    subsection (A) in any school, on the real property
24    comprising a school, within 1,000 feet of the real property
25    comprising a school, at a school related activity, or on or
26    within 1,000 feet of any conveyance owned, leased, or

 

 

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

 

 

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1    property comprising any courthouse, or on any public way
2    within 1,000 feet of the real property comprising any
3    public park, courthouse, 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.
7        (6) Any person convicted of unlawful sale or delivery
8    of firearms in violation of paragraph (j) of subsection (A)
9    commits a Class A misdemeanor. A second or subsequent
10    violation is a Class 4 felony.
11        (7) Any person convicted of unlawful sale or delivery
12    of firearms in violation of paragraph (k) of subsection (A)
13    commits a Class 4 felony. A third or subsequent conviction
14    for a violation of paragraph (k) of subsection (A) is a
15    Class 1 felony.
16        (8) A person 18 years of age or older convicted of
17    unlawful sale or delivery of firearms in violation of
18    paragraph (a) or (i) of subsection (A), when the firearm
19    that was sold or given to another person under 18 years of
20    age was used in the commission of or attempt to commit a
21    forcible felony, shall be fined or imprisoned, or both, not
22    to exceed the maximum provided for the most serious
23    forcible felony so committed or attempted by the person
24    under 18 years of age who was sold or given the firearm.
25        (9) Any person convicted of unlawful sale or delivery
26    of firearms in violation of paragraph (d) of subsection (A)

 

 

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

 

 

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1    of not less than 21 and not more than 30 firearms at the
2    same time or within a 4 year period. Any person convicted
3    of unlawful sale or delivery of firearms in violation of
4    paragraph (l) of subsection (A) commits a Class X felony
5    for which he or she shall be sentenced to a term of
6    imprisonment of not less than 6 years and not more than 60
7    years if the delivery is of 31 or more firearms at the same
8    time or within a 5 year period.
9    (D) For purposes of this Section:
10    "School" means a public or private elementary or secondary
11school, community college, college, or university.
12    "School related activity" means any sporting, social,
13academic, or other activity for which students' attendance or
14participation is sponsored, organized, or funded in whole or in
15part by a school or school district.
16    (E) A prosecution for a violation of paragraph (k) of
17subsection (A) of this Section may be commenced within 6 years
18after the commission of the offense. A prosecution for a
19violation of this Section other than paragraph (g) of
20subsection (A) of this Section may be commenced within 5 years
21after the commission of the offense defined in the particular
22paragraph.
23(Source: P.A. 95-331, eff. 8-21-07; 95-735, eff. 7-16-08;
2496-190, eff. 1-1-10.)