Full Text of HB3431 97th General Assembly
HB3431enr 97TH GENERAL ASSEMBLY |
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| 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 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 | 9 | | or she, not
being entitled to the possession of a firearm, | 10 | | possesses or delivers the
firearm, knowing it to have been | 11 | | stolen or converted. It may be inferred that
a person who | 12 | | possesses a firearm with knowledge that its serial number has
| 13 | | been removed or altered has knowledge that the firearm is | 14 | | stolen 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 | 20 | | firearm 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 | 23 | | firearm with
knowledge that its serial number has been removed | 24 | | or altered has
knowledge that the firearm is stolen or | 25 | | converted.
| 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 | 22 | | Firearms .
| 23 | | (A) A person commits the offense of unlawful sale or | 24 | | delivery of firearms when he
or she knowingly does any of the | 25 | | following:
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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 | 2 | | firearms sold within 6
months after enactment of Public
Act | 3 | | 78-355 (approved August 21, 1973, effective October 1, 1973), | 4 | | nor is any
firearm legally owned or
possessed by any citizen or | 5 | | purchased by any citizen within 6 months after the
enactment of | 6 | | Public Act 78-355 subject
to confiscation or seizure under the | 7 | | provisions of that Public Act. Nothing in
Public Act 78-355 | 8 | | shall be construed to prohibit the gift or trade of
any firearm | 9 | | if that firearm was legally held or acquired within 6 months | 10 | | after
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
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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 | 11 | | school,
community college, college, or university.
| 12 | | "School related activity" means any sporting, social, | 13 | | academic, or
other activity for which students' attendance or | 14 | | participation is sponsored,
organized, or funded in whole or in | 15 | | part by a school or school district.
| 16 | | (E) A prosecution for a violation of paragraph (k) of | 17 | | subsection (A) of this Section may be commenced within 6 years | 18 | | after the commission of the offense. A prosecution for a | 19 | | violation of this Section other than paragraph (g) of | 20 | | subsection (A) of this Section may be commenced within 5 years | 21 | | after the commission of the offense defined in the particular | 22 | | paragraph.
| 23 | | (Source: P.A. 95-331, eff. 8-21-07; 95-735, eff. 7-16-08; | 24 | | 96-190, eff. 1-1-10.)
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