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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
CRIMINAL OFFENSES (720 ILCS 5/) Criminal Code of 1961.
720 ILCS 5/24‑6
(720 ILCS 5/24‑6) (from Ch. 38, par. 24‑6)
Sec. 24‑6.
Confiscation and disposition of weapons.
(a) Upon conviction of an offense in which a weapon was used or
possessed by the offender, any weapon seized shall be confiscated by the
trial court.
(b) Any stolen weapon so confiscated, when no longer
needed for evidentiary purposes, shall be returned to the person entitled to
possession, if known. After the
disposition of a criminal case or in any criminal case where a final judgment
in the case was not entered due to the death of the defendant, and when a
confiscated weapon is no longer needed for evidentiary purposes, and when in
due course no legitimate claim has been made for the weapon, the court may
transfer the weapon to the sheriff of the county who may proceed to
destroy it, or may in its discretion order the weapon preserved as
property of the governmental body whose police agency seized the weapon, or
may in its discretion order the weapon to be transferred to the Department
of State Police for use by the crime laboratory system, for training
purposes, or for any other application as deemed appropriate by the
Department. If, after the disposition of a criminal case, a need still
exists for the use of the confiscated weapon for evidentiary purposes, the
court may transfer the weapon to the custody of the State Department of
Corrections for preservation. The court may not order the transfer of the
weapon to any private individual or private organization other than to return
a stolen weapon to its rightful owner.
The provisions of this Section shall not apply to violations of the Fish
and Aquatic Life Code or the Wildlife Code. Confiscation
of weapons for Fish and Aquatic Life Code and Wildlife Code
violations shall be only as provided in those Codes.
(c) Any mental hospital that admits a person as an inpatient pursuant
to any of the provisions of the Mental Health and Developmental
Disabilities Code shall confiscate any firearms in the possession of that
person at the time of admission, or at any time the firearms are
discovered in the person's possession during the course of hospitalization.
The hospital shall, as soon as possible following confiscation, transfer
custody of the firearms to the appropriate law enforcement agency. The
hospital shall give written notice to the person from whom the firearm was
confiscated of the identity and address of the law enforcement agency to
which it has given the firearm.
The law enforcement agency shall maintain possession of any firearm it
obtains pursuant to this subsection for a minimum of 90 days. Thereafter,
the firearm may be disposed of pursuant to the provisions of subsection (b)
of this Section.
(Source: P.A. 91‑696, eff. 4‑13‑00.)
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720 ILCS 5/24‑7
(720 ILCS 5/24‑7)
Sec. 24‑7.
Weapons offenses; community service.
In addition to any other
sentence that may be imposed, a court shall order any person convicted of a
violation of this Article to perform community service for not less than 30 and
not more than 120 hours, if community service is available in the jurisdiction
and is funded and approved by the county board of the county where the
offense was committed. In addition, whenever any person is placed on
supervision for an alleged offense under this Article, the supervision shall be
conditioned upon the performance of the community service.
This Section does not apply when the court imposes a sentence of
incarceration.
(Source: P.A. 88‑558, eff. 1‑1‑95; 89‑8, eff. 3‑21‑95.)
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720 ILCS 5/24‑8
(720 ILCS 5/24‑8)
Sec. 24‑8.
Firearm tracing.
(a) Upon recovering a firearm from the possession
of anyone who is not permitted by federal or State
law
to possess a firearm, a local law enforcement agency shall
use the best available information, including a firearms trace when necessary,
to determine how and from whom the person gained
possession of the firearm.
Upon recovering a firearm that was used in the commission of any offense
classified as a felony or upon recovering a firearm that appears to have been
lost, mislaid,
stolen, or
otherwise unclaimed, a local law enforcement agency shall use the best
available
information, including a firearms trace when necessary, to determine prior
ownership of
the firearm.
(b) Local law enforcement shall, when appropriate, use the National
Tracing Center of the
Federal
Bureau of Alcohol, Tobacco and Firearms in complying with subsection (a) of
this Section.
(c) Local law enforcement agencies shall use the Illinois Department of
State Police Law Enforcement Agencies Data System (LEADS) Gun File to enter all
stolen, seized, or recovered firearms as prescribed by LEADS regulations and
policies.
(Source: P.A. 91‑364, eff. 1‑1‑00; 92‑300, eff. 1‑1‑02.)
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720 ILCS 5/24‑9
(720 ILCS 5/24‑9)
Sec. 24‑9.
Firearms; Child Protection.
(a) Except as provided in
subsection (c), it is unlawful
for any person to
store or leave, within premises under his or her control, a firearm if
the
person knows or has reason to believe that a minor under the age of 14
years who does not have a Firearm Owners Identification Card is likely to gain
access to the firearm without the lawful permission
of the minor's parent, guardian, or person having charge of the minor, and
the minor causes death or great bodily harm with the firearm, unless
the firearm is:
(1) secured by a device or mechanism, other than the |
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firearm safety, designed to render a firearm temporarily inoperable; or
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(2) placed in a securely locked box or container; or
(3) placed in some other location that a reasonable
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person would believe to be secure from a minor under the age of 14 years.
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(b) Sentence. A person who violates this Section is guilty of a Class C
misdemeanor and shall be fined not less than $1,000. A second or subsequent
violation of this Section is a Class A misdemeanor.
(c) Subsection (a) does not apply:
(1) if the minor under 14 years of age gains access
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to a firearm and uses it in a lawful act of self‑defense or defense of another; or
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(2) to any firearm obtained by a minor under the age
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of 14 because of an unlawful entry of the premises by the minor or another person.
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(d) For the purposes of this Section, "firearm" has the meaning ascribed
to it in Section 1.1 of the Firearm Owners Identification Card Act.
(Source: P.A. 91‑18, eff. 1‑1‑00.)
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(720 ILCS 5/24‑9.5) Sec. 24‑9.5. Handgun safety devices. (a) It is unlawful for a person licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923) to offer for sale, sell, or transfer a handgun to a person not licensed under that Act, unless he or she sells or includes with the handgun a device or mechanism, other than the firearm safety, designed to render the handgun temporarily inoperable or inaccessible. This includes but is not limited to: (1) An external device that is: (i) attached to the handgun with a key or
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(ii) designed to prevent the handgun from being
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discharged unless the device has been deactivated.
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(2) An integrated mechanical safety, disabling, or
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(i) built into the handgun; and
(ii) designed to prevent the handgun from being
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discharged unless the device has been deactivated.
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(b) Sentence. A person who violates this Section is
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guilty of a Class C misdemeanor and shall be fined not less than $1,000. A second or subsequent violation of this Section is a Class A misdemeanor.
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(c) For the purposes of this Section, "handgun" has the
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meaning ascribed to it in clause (h)(2) of subsection (A) of Section 24‑3 of this Code.
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(d) This Section does not apply to:
(1) the purchase, sale, or transportation of a
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handgun to or by a federally licensed firearms dealer or manufacturer that provides or services a handgun for:
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(i) personnel of any unit of the federal
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(ii) members of the armed forces of the United
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States or the National Guard;
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(iii) law enforcement personnel of the State or
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any local law enforcement agency in the State while acting within the scope of their official duties; and
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(iv) an organization that is required by federal
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law governing its specific business or activity to maintain handguns and applicable ammunition;
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(2) a firearm modified to be permanently inoperative;
(3) the sale or transfer of a handgun by a federally
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licensed firearms dealer or manufacturer described in item (1) of this subsection (d);
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(4) the sale or transfer of a handgun by a federally
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licensed firearms dealer or manufacturer to a lawful customer outside the State; or
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(5) an antique firearm.
(Source: P.A. 94‑390, eff. 1‑1‑06.)
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(720 ILCS 5/24‑10) Sec. 24‑10. Municipal ordinance regulating firearms; affirmative defense to a violation. It is an affirmative defense to a violation of a municipal ordinance that prohibits, regulates, or restricts the private ownership of firearms if the individual who is charged with the violation used the firearm in an act of self‑defense or defense of another as defined in Sections 7‑1 and 7‑2 of this Code when on his or her land or in his or her abode or fixed place of business.
(Source: P.A. 93‑1048, eff. 11‑16‑04.)
(720 ILCS 5/Art. 24.5 heading)
ARTICLE 24.5.
NITROUS OXIDE
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