State of Illinois
90th General Assembly
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90_HB2992

      430 ILCS 65/1.1           from Ch. 38, par. 83-1.1
      430 ILCS 65/3             from Ch. 38, par. 83-3
      430 ILCS 65/4             from Ch. 38, par. 83-4
      430 ILCS 65/6.1 new
      430 ILCS 65/14            from Ch. 38, par. 83-14
      720 ILCS 5/2-7.1 new
      720 ILCS 5/2-7.2 new
      720 ILCS 5/2-23 new
      720 ILCS 5/5-2            from Ch. 38, par. 5-2
      720 ILCS 5/16-1           from Ch. 38, par. 16-1
      720 ILCS 5/16-16 new
      720 ILCS 5/16-16.1 new
      720 ILCS 5/24-1.1         from Ch. 38, par. 24-1.1
      720 ILCS 5/24-3           from Ch. 38, par. 24-3
      720 ILCS 5/24-3A
          Amends the Firearm  Owners  Identification  Card  Act  by
      adding  and  changing  provisions  relating  to  transfers of
      firearms, the counterfeiting and altering of  Firearm  Owners
      Identification  Cards,  penalties,  and other matters. Amends
      the Criminal Code of 1961  by  adding  and  changing  various
      firearms offenses and penalties.
                                                     LRB9009384RCmb
                                               LRB9009384RCmb
 1        AN  ACT  in  relation to criminal justice, amending named
 2    Acts.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Firearm Owners Identification Card Act is
 6    amended  by  changing  Sections  1.1, 3, 4, and 14 and adding
 7    Section 6.1 as follows:
 8        (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
 9        Sec. 1.1. For purposes of this Act:
10        "Counterfeit" means to copy  or  imitate,  without  legal
11    authority, with intent to deceive.
12        "Firearm" means any device, by whatever name known, which
13    is  designed  to  expel  a  projectile  or projectiles by the
14    action of an explosion, expansion of gas or  escape  of  gas;
15    excluding, however:
16             (1)  any  pneumatic  gun, spring gun, paint ball gun
17        or  B-B  gun  which  either  expels  a  single   globular
18        projectile  not  exceeding .18 inch in diameter and which
19        has a maximum muzzle velocity of less than 700  feet  per
20        second  or  breakable  paint  balls  containing  washable
21        marking colors;
22             (2)  any  device  used exclusively for signalling or
23        safety and required or recommended by the  United  States
24        Coast Guard or the Interstate Commerce Commission; or
25             (3)  any  device  used exclusively for the firing of
26        stud cartridges, explosive rivets or  similar  industrial
27        ammunition;
28             (4)  an  antique  firearm (other than a machine-gun)
29        which, although designed as a weapon, the  Department  of
30        State   Police  finds  by  reason  of  the  date  of  its
31        manufacture, value, design, and other characteristics  is
                            -2-                LRB9009384RCmb
 1        primarily a collector's item and is not likely to be used
 2        as a weapon.
 3        "Firearm  Ammunition"  means any self-contained cartridge
 4    or shotgun shell, by whatever name known, which  is  designed
 5    to  be  used  or  adaptable  to  use in a firearm; excluding,
 6    however:
 7             (1)  any ammunition  exclusively  designed  for  use
 8        with  a  device used exclusively for signalling or safety
 9        and required or recommended by the  United  States  Coast
10        Guard or the Interstate Commerce Commission; or
11             (2)  any  ammunition  designed  exclusively  for use
12        with a stud or rivet driver or other  similar  industrial
13        ammunition.
14        "Transfer"  means  the  actual, constructive or attempted
15    transfer of a firearm or firearm ammunition, with or  without
16    consideration,   whether   or   not   there   is   an  agency
17    relationship.
18    (Source: P.A. 86-349; 86-1265.)
19        (430 ILCS 65/3) (from Ch. 38, par. 83-3)
20        Sec. 3.  (a) Except as provided in Section 3a, no  person
21    within  this  State  may  knowingly  transfer, or cause to be
22    transferred, any firearm or any  firearm  ammunition  to  any
23    person  within  this State unless the transferee with whom he
24    deals   displays   a   currently   valid   Firearm    Owner's
25    Identification  Card  which has previously been issued in his
26    name by the Department of State Police under  the  provisions
27    of  this Act. In addition, all firearm transfers by federally
28    licensed firearm dealers are  subject  to  Section  3.1.  The
29    person  transferring the firearm or firearm ammunition shall,
30    at the time of the transfer, personally inspect  the  Firearm
31    Owner's  Identification  Card  to  verify the identity of the
32    person to whom the firearm or  firearm  ammunition  is  being
33    transferred.
                            -3-                LRB9009384RCmb
 1        (b)  Any person within this State who transfers or causes
 2    to  be  transferred  any  firearm shall keep a record of such
 3    transfer for a period of 10 years from the date of  transfer.
 4    Such  record  shall  contain  the  date  of the transfer; the
 5    description, serial number or other  information  identifying
 6    the  firearm  if  no serial number is available; the name and
 7    address  of  the  person  to  whom  the  firearm   is   being
 8    transferred;  and,  if the transfer was completed within this
 9    State, the transferee's Firearm Owner's  Identification  Card
10    number.  The  record of transfer shall be made at the time of
11    transfer.  On demand of a peace officer such transferor shall
12    produce for inspection such record of transfer.
13        (c)  The  provisions  of  this  Section   regarding   the
14    transfer  of  firearm  ammunition  shall  not  apply to those
15    persons specified in paragraph (b) of Section 2 of this Act.
16        (d)  Sentence. (1) Except as set forth in  paragraph  (2)
17    of  this subsection (d), a person who violates subsection (a)
18    by transferring or causing to be transferred  in  this  State
19    any  firearm  to  a  person he or she knows or has reasonable
20    cause to believe does not possess  a  valid  Firearm  Owner's
21    Identification  Card  is guilty of a Class 4 felony. A person
22    who commits more than one  violation  of  subsection  (a)  as
23    described in this Section:
24             (A)  is  guilty  of a Class 3 felony for transfer of
25        not less than 2 firearms and not more than 5 firearms  at
26        the same time or within a one year period;
27             (B)  is  guilty  of a Class 2 felony for transfer of
28        not less than 6 firearms and not more than 10 firearms at
29        the same time or within a 2 year period;
30             (C)  is guilty of a Class 1 felony for  transfer  of
31        not  less  than 11 firearms and not more than 20 firearms
32        at the same time or within a 3 year period;
33             (D)  is guilty of a Class X  felony  for  which  the
34        person shall be sentenced to a term of imprisonment of no
                            -4-                LRB9009384RCmb
 1        less than 6 years and not more than 30 years for transfer
 2        of  not  less  than  21  firearms  and  not  more than 30
 3        firearms at the same time or within a 4 year period;
 4             (E)  is guilty of a Class X  felony  for  which  the
 5        person  shall  be  sentenced to a term of imprisonment of
 6        not less than 6 years and not  more  than  40  years  for
 7        transfer  of  not less than 31 firearms and not more than
 8        40 firearms at the same time or within a 5 year period;
 9             (F)  is guilty of a Class X  felony  for  which  the
10        person  shall  be  sentenced to a term of imprisonment of
11        not less than 6 years and not  more  than  50  years  for
12        transfer  of  more  than  40 firearms at the same time or
13        within a 6 year period.
14        (2)  A person who violates subsection (a) by transferring
15    or causing to be transferred in this State any firearm  to  a
16    person  he  or she knows or has reasonable cause to know does
17    not possess a valid Firearm Owner's  Identification  Card  is
18    guilty of a Class A misdemeanor if the person proves that the
19    transfer  of  the  firearm  was  to  a member of the person's
20    immediate family who is over the age of 18.  For the purposes
21    of this paragraph (2), "immediate family" means the  person's
22    spouse,  parent,  brother,  sister,  uncle,  aunt,  child, or
23    grandchild.
24        (3)  A person who violates subsection (a) by transferring
25    or causing to  be  transferred  in  this  State  any  firearm
26    ammunition  to  a  person  he  or she knows or has reasonable
27    cause to believe does not possess a currently  valid  Firearm
28    Owners Identification Card is guilty of a Class A misdemeanor
29    for  a  first  conviction,  a  Class  4  felony  for a second
30    conviction, and a Class 3 felony for a  third  or  subsequent
31    conviction.
32        (4)  A  person  who violates subsection (b) by failing to
33    keep records is guilty  of  a  Class  A  misdemeanor  if  the
34    failure  to  keep  records  is  not  willful.  A  person  who
                            -5-                LRB9009384RCmb
 1    willfully  fails to keep records of the transfer of a firearm
 2    is guilty of a Class 4 felony. A person who  willfully  fails
 3    to  keep  records  relating  to the transfer of more than one
 4    firearm:
 5             (A)  is guilty of a Class 3 felony for  transfer  of
 6        not  less than 2 firearms and not more than 5 firearms at
 7        the same time or within a 1 year period;
 8             (B)  is guilty of a Class 2 felony for  transfer  of
 9        not less than 6 firearms and not more than 10 firearms at
10        the same time or within a 2 year period;
11             (C)  is  guilty  of a Class 1 felony for transfer of
12        not less than 11 firearms and not more than  20  firearms
13        at the same time or within a 3 year period;
14             (D)  is  guilty  of  a  Class X felony for which the
15        person shall be sentenced to a term  of  imprisonment  of
16        not  less  than  6  years  and not more than 30 years for
17        transfer of not less than 21 firearms and not  more  than
18        30 firearms at the same time or within a 4 year period;
19             (E)  is  guilty  of  a  Class X felony for which the
20        person shall be sentenced to a term  of  imprisonment  of
21        not  less  than  6  years  and not more than 40 years for
22        transfer of not less than 31 firearms and not  more  than
23        40 firearms at the same time or within a 5 year period;
24             (F)  is  guilty  of  a  Class X felony for which the
25        person shall be sentenced to a term  of  imprisonment  of
26        not  less  than  6  years  and not more than 50 years for
27        transfer of more than 40 firearms at  the  same  time  or
28        within a 6 year period.
29    (Source: P.A. 87-299.)
30        (430 ILCS 65/4) (from Ch. 38, par. 83-4)
31        Sec.   4.  (a)  Each  applicant  for  a  Firearm  Owner's
32    Identification Card shall:
33             (1)  Make application on blank  forms  prepared  and
                            -6-                LRB9009384RCmb
 1        furnished at convenient locations throughout the State by
 2        the Department of State Police; and
 3             (2)  Submit evidence under penalty of perjury to the
 4        Department of State Police that:
 5                  (i)  He is 21 years of age or over, or if he is
 6             under  21  years  of  age  that  he  has the written
 7             consent of his parent or legal guardian  to  possess
 8             and acquire firearms and firearm ammunition and that
 9             he  has  never been convicted of a misdemeanor other
10             than  a  traffic  offense  or  adjudged  delinquent,
11             provided,  however,  that  such  parent   or   legal
12             guardian is not an individual prohibited from having
13             a  Firearm  Owner's Identification Card and files an
14             affidavit with the Department as prescribed  by  the
15             Department  stating  that  he  is  not an individual
16             prohibited from having a Card;
17                  (ii)  He has not been  convicted  of  a  felony
18             under the laws of this or any other jurisdiction;
19                  (iii)  He is not addicted to narcotics;
20                  (iv)  He  has  not  been  a patient in a mental
21             institution within the past 5 years;
22                  (v)  He is not mentally retarded;
23                  (vi)  He is not  an  alien  who  is  unlawfully
24             present  in  the United States under the laws of the
25             United States;
26                  (vii)  He or she is not subject to an  existing
27             order  of  protection  prohibiting  him  or her from
28             possessing a firearm;
29                  (viii) He or she has not been convicted  within
30             the  past  5  years  of battery, assault, aggravated
31             assault, violation of an order of protection,  or  a
32             substantially    similar    offense    in    another
33             jurisdiction,   in  which  a  firearm  was  used  or
34             possessed;
                            -7-                LRB9009384RCmb
 1                  (ix)  He or  she  has  not  been  convicted  of
 2             domestic  battery or a substantially similar offense
 3             in another jurisdiction committed on  or  after  the
 4             effective date of this amendatory Act of 1997; and
 5                  (x)  He  or  she  has not been convicted within
 6             the  past  5  years  of  domestic   battery   or   a
 7             substantially    similar    offense    in    another
 8             jurisdiction  committed before the effective date of
 9             this amendatory Act of 1997.
10        (a-5)  The application shall  require  the  applicant  to
11    list  his or her social security number, the full maiden name
12    of  his  or  her  mother  or  other  code  name   information
13    prescribed  by  the Director of State Police by rule, and his
14    or her driver's license number or State  identification  card
15    number.
16        (b)  Each  application  form  shall include the following
17    statement printed in bold type:  "Warning:  False  statements
18    of  the  applicant shall result in prosecution for perjury in
19    accordance with Section 32-2 of the Criminal Code of 1961.".
20        (c)  Upon such written consent, pursuant  to  Section  4,
21    paragraph  (a)  (2)  (i), the parent or legal guardian giving
22    the consent shall be liable for any  damages  resulting  from
23    the applicant's use of firearms or firearm ammunition.
24    (Source: P.A. 89-367, eff. 1-1-96; 90-493, eff. 1-1-98.)
25        (430 ILCS 65/6.1 new)
26        Sec. 6.1.  Altered, forged or counterfeit Firearm Owner's
27    Identification Cards.
28        (a)  Any person who forges or materially alters a Firearm
29    Owner's Identification Card or  who  counterfeits  a  Firearm
30    Owner's Identification Card commits a Class 2 felony.
31        (b)    Any   person   who  possesses  a  Firearm  Owner's
32    Identification Card with knowledge that it has been forged or
33    materially altered commits a Class 2 felony.   A  person  who
                            -8-                LRB9009384RCmb
 1    possesses   a   Firearm   Owner's  Identification  Card  with
 2    knowledge that it is counterfeit commits a Class 2 felony.
 3        (430 ILCS 65/14) (from Ch. 38, par. 83-14)
 4        Sec. 14.  Sentence.
 5        (a)  A violation of paragraph (1) of  subsection  (a)  of
 6    Section  2,  when the person's Firearm Owner's Identification
 7    Card is expired but the person is not otherwise  disqualified
 8    from renewing the card, is a Class A misdemeanor.
 9        (b)  Except as provided in subsection (a) with respect to
10    an  expired  card, a violation of paragraph (1) of subsection
11    (a) of Section 2 is a Class A  misdemeanor  when  the  person
12    does   not   possess   a   currently  valid  Firearm  Owner's
13    Identification Card, but is  otherwise  eligible  under  this
14    Act.  A second or subsequent violation is a Class 4 felony.
15        (c)  A  violation  of  paragraph (1) of subsection (a) of
16    Section 2 is a Class 3 felony when:
17             (1)  the  person's  Firearm  Owner's  Identification
18        Card is revoked or subject to revocation under Section 8;
19        or
20             (2)  the  person's  Firearm  Owner's  Identification
21        Card is expired and not otherwise  eligible  for  renewal
22        under this Act; or
23             (3)  the  person  does not possess a currently valid
24        Firearm Owner's Identification Card, and  the  person  is
25        not otherwise eligible under this Act.
26        (d)  A  violation  of  subsection  (a)  of Section 3 is a
27    Class 4 felony.
28        (e)  Except as otherwise provided in Section 3, any other
29    violation of this Act is a Class A misdemeanor.
30    (Source: P.A. 88-680, eff. 1-1-95; 89-377, eff. 8-18-95.)
31        Section 10.  The Criminal Code  of  1961  is  amended  by
32    changing  Sections  5-2,  16-1,  24-1.1,  24-3, and 24-3A and
                            -9-                LRB9009384RCmb
 1    adding Sections 2-7.1, 2-7.2, 2-23,  16-16,  and  16-16.1  as
 2    follows:
 3        (720 ILCS 5/2-7.1 new)
 4        Sec.   2-7.1.  "Firearm".    "Firearm"  has  the  meaning
 5    ascribed to that term in Section 1.1 of  the  Firearm  Owners
 6    Identification Card Act.
 7        (720 ILCS 5/2-7.2 new)
 8        Sec.  2-7.2.  "Firearm  ammunition". "Firearm ammunition"
 9    means any  self-contained  cartridge  or  shotgun  shell,  by
10    whatever  name  known,  which  is  designed  to  be  used  or
11    adaptable to use in a firearm; excluding, however:
12             (1)  any  ammunition  exclusively  designed  for use
13        with a device used exclusively for signalling  or  safety
14        and  required  or  recommended by the United States Coast
15        Guard or the Interstate Commerce Commission; or
16             (2)  any ammunition  designed  exclusively  for  use
17        with  a  stud or rivet driver or other similar industrial
18        ammunition.
19        (720 ILCS 5/2-23 new)
20        Sec. 2-23.  "Transfer".   "Transfer"  means  the  actual,
21    constructive,  or  attempted  transfer  of  an  item, with or
22    without consideration, whether or  not  there  is  an  agency
23    relationship.
24        (720 ILCS 5/5-2) (from Ch. 38, par. 5-2)
25        Sec. 5-2.  When accountability exists.
26        A  person  is  legally  accountable  for  the  conduct of
27    another when:
28        (a)  Having a  mental  state  described  by  the  statute
29    defining  the  offense,  he  causes  another  to  perform the
30    conduct, and the other person in fact or by reason  of  legal
                            -10-               LRB9009384RCmb
 1    incapacity lacks such a mental state; or
 2        (b)  The  statute  defining  the  offense  makes  him  so
 3    accountable; or
 4        (c)  Either   before  or  during  the  commission  of  an
 5    offense, and with the intent to promote  or  facilitate  such
 6    commission,  he  solicits, aids, abets, agrees or attempts to
 7    aid, such other person in the planning or commission  of  the
 8    offense.  However, a person is not so accountable, unless the
 9    statute defining the offense provides otherwise, if:
10             (1)  He is a victim of the offense committed; or
11             (2)  The offense is so defined that his conduct  was
12    inevitably incident to its commission; or
13             (3)  Before   the  commission  of  the  offense,  he
14    terminates  his  effort  to  promote   or   facilitate   such
15    commission,  and  does  one of the following: wholly deprives
16    his prior efforts of effectiveness  in  such  commission,  or
17    gives   timely   warning   to   the  proper  law  enforcement
18    authorities, or otherwise makes proper effort to prevent  the
19    commission of the offense; or .
20        (d)  He  or  she transfers a firearm, firearm ammunition,
21    or other dangerous weapon, explosive or device  to  a  person
22    the  transferor  knows  intends  to  use the firearm, firearm
23    ammunition, weapon, explosive, or device in the commission of
24    an offense.
25    (Source: Laws 1961, p. 1983.)
26        (720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
27        Sec. 16-1.  Theft.
28        (a)  A person commits theft when he knowingly:
29             (1)  Obtains or  exerts  unauthorized  control  over
30        property of the owner; or
31             (2)  Obtains  by  deception control over property of
32        the owner; or
33             (3)  Obtains by threat control over property of  the
                            -11-               LRB9009384RCmb
 1        owner; or
 2             (4)  Obtains  control  over  stolen property knowing
 3        the  property  to  have  been  stolen   or   under   such
 4        circumstances  as  would reasonably induce him to believe
 5        that the property was stolen; or
 6             (5)  Obtains or exerts control over property in  the
 7        custody of any law enforcement agency which is explicitly
 8        represented  to him by any law enforcement officer or any
 9        individual acting in behalf of a law  enforcement  agency
10        as being stolen, and
11                  (A)  Intends  to  deprive the owner permanently
12             of the use or benefit of the property; or
13                  (B)  Knowingly uses, conceals or  abandons  the
14             property  in  such  manner  as  to deprive the owner
15             permanently of such use or benefit; or
16                  (C)  Uses, conceals, or abandons  the  property
17             knowing   such   use,   concealment  or  abandonment
18             probably will deprive the owner permanently of  such
19             use or benefit.
20        The  term  "firearm" for the purposes of this Section has
21    the meaning ascribed to it in  Section  1.1  of  the  Firearm
22    Owners Identification Card Act.
23        (b)  Sentence.
24             (1)  Theft  of  property,  other than a firearm, not
25        from the person and not exceeding  $300  in  value  is  a
26        Class A misdemeanor.
27             (2)  A  person  who  has  been convicted of theft of
28        property not  exceeding  $300  in  value,  other  than  a
29        firearm  and not from the person, who has been previously
30        convicted of any type of theft, robbery,  armed  robbery,
31        burglary,  residential  burglary,  possession of burglary
32        tools or home invasion is guilty of  a  Class  4  felony.
33        When   a  person  has  any  such  prior  conviction,  the
34        information or  indictment  charging  that  person  shall
                            -12-               LRB9009384RCmb
 1        state  such  prior conviction so as to give notice of the
 2        State's intention to treat the charge as a  felony.   The
 3        fact  of  such  prior conviction is not an element of the
 4        offense and may not be disclosed to the jury during trial
 5        unless otherwise  permitted  by  issues  properly  raised
 6        during such trial.
 7             (3)  (Blank). Theft of a firearm not from the person
 8        regardless  of  value  is  a Class 4 felony.  A second or
 9        subsequent such offense is a Class 3 felony.
10             (4)  Theft of property from the person not exceeding
11        $300 in value, or theft of property  exceeding  $300  and
12        not exceeding $10,000 in value, is a Class 3 felony.
13             (5)  Theft  of  property  exceeding  $10,000 and not
14        exceeding $100,000 in value is a Class 2 felony.
15             (6)  Theft of property exceeding $100,000  in  value
16        is a Class 1 felony.
17             (7)  Theft  by  deception, as described by paragraph
18        (2) of subsection (a)  of  this  Section,  in  which  the
19        offender  obtained  money or property valued at $5,000 or
20        more from a victim 60 years of age or older is a Class  2
21        felony.
22        (c)  When  a  charge  of  theft  of  property exceeding a
23    specified  value  is  brought,  the  value  of  the  property
24    involved is an element of the offense to be resolved  by  the
25    trier  of  fact  as  either  exceeding  or  not exceeding the
26    specified value.
27    (Source: P.A. 89-377, eff. 8-18-95.)
28        (720 ILCS 5/16-16 new)
29        Sec. 16-16. Possession of a stolen firearm.
30        (a)  A person commits possession of a stolen firearm when
31    he or she, not being entitled to the possession of a firearm,
32    possesses or delivers the firearm, knowing it  to  have  been
33    stolen  or  converted.   It may be inferred that a person who
                            -13-               LRB9009384RCmb
 1    possesses a firearm with knowledge that its serial number has
 2    been removed or altered has knowledge  that  the  firearm  is
 3    stolen or converted.
 4        (b)  Possession of a stolen firearm is a Class 2 felony.
 5        (720 ILCS 5/16-16.1 new)
 6        Sec. 16-16.1. Aggravated possession of a stolen firearm.
 7        (a)  A  person  commits aggravated possession of a stolen
 8    firearm when he or she:
 9             (1)  Not being entitled to  the  possession  of  not
10        less  than  2  and not more than 5 firearms, possesses or
11        delivers those firearms at the same time or  within  a  1
12        year  period, knowing the firearms to have been stolen or
13        converted.
14             (2)  Not being entitled to  the  possession  of  not
15        less  than  6 and not more than 10 firearms, possesses or
16        delivers those firearms at the same time or  within  a  2
17        year  period, knowing the firearms to have been stolen or
18        converted.
19             (3)  Not being entitled to  the  possession  of  not
20        less  than 11 and not more than 20 firearms, possesses or
21        delivers those firearms at the same time or  within  a  3
22        year  period, knowing the firearms to have been stolen or
23        converted.
24             (4)  Not being entitled to  the  possession  of  not
25        less  than 21 and not more than 30 firearms, possesses or
26        delivers those firearms at the same time or  within  a  4
27        year  period, knowing the firearms to have been stolen or
28        converted.
29             (5)  Not being entitled to  the  possession  of  not
30        less  than 31 and not more than 40 firearms, possesses or
31        delivers those firearms at the same time or  within  a  5
32        year  period, knowing the firearms to have been stolen or
33        converted.
                            -14-               LRB9009384RCmb
 1             (6)  Not being entitled to the  possession  of  more
 2        than  40 firearms possesses or delivers those firearms at
 3        the same time or within a  6  year  period,  knowing  the
 4        firearms to have been stolen or converted.
 5        (b)  It  may  be  inferred  that a person who possesses a
 6    firearm with  knowledge  that  its  serial  number  has  been
 7    removed  or  altered has knowledge that the firearm is stolen
 8    or converted.
 9        (c)  Sentence.
10             (1)  A  person  who  violates   paragraph   (1)   of
11        subsection (a) of this Section commits a Class 2 felony.
12             (2)  A   person   who   violates  paragraph  (2)  of
13        subsection (a) of this Section commits a Class 1 felony.
14             (3)  A  person  who  violates   paragraph   (3)   of
15        subsection  (a)  of this Section commits a Class X felony
16        for which he or she shall  be  sentenced  to  a  term  of
17        imprisonment  of  not less than 6 years and not more than
18        30 years.
19             (4)  A  person  who  violates   paragraph   (4)   of
20        subsection  (a)  of this Section commits a Class X felony
21        for which he or she shall  be  sentenced  to  a  term  of
22        imprisonment  of  not less than 6 years and not more than
23        40 years.
24             (5)  A  person  who  violates   paragraph   (5)   of
25        subsection  (a)  of this Section commits a Class X felony
26        for which he or she shall  be  sentenced  to  a  term  of
27        imprisonment  of  not less than 6 years and not more than
28        50 years.
29             (6)  A  person  who  violates   paragraph   (6)   of
30        subsection  (a)  of this Section commits a Class X felony
31        for which he or she shall  be  sentenced  to  a  term  of
32        imprisonment  of  not less than 6 years and not more than
33        60 years.
                            -15-               LRB9009384RCmb
 1        (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
 2        Sec. 24-1.1.  Unlawful Use or Possession  of  Weapons  by
 3    Felons  or  Persons  in  the  Custody  of  the  Department of
 4    Corrections Facilities.
 5        (a)  It is unlawful for a person to knowingly possess  on
 6    or  about  his  person  or on his land or in his own abode or
 7    fixed place of business any weapon prohibited  under  Section
 8    24-1  of this Act or any firearm or any firearm ammunition if
 9    the person has been convicted of a felony under the  laws  of
10    this State or any other jurisdiction.  This Section shall not
11    apply  if  the person has been granted relief by the Director
12    of the Department of State Police under  Section  10  of  the
13    Firearm Owners Identification Card Act.
14        (b)  It  is  unlawful  for any person confined in a penal
15    institution, which is a facility of the  Illinois  Department
16    of  Corrections,  to  possess  any  weapon  prohibited  under
17    Section   24-1  of  this  Code  or  any  firearm  or  firearm
18    ammunition, regardless of the intent with which he  possesses
19    it.
20        (c)  It shall be an affirmative defense to a violation of
21    subsection   (b),   that  such  possession  was  specifically
22    authorized by rule, regulation, or directive of the  Illinois
23    Department of Corrections or order issued pursuant thereto.
24        (d)  The  defense  of  necessity  is  not  available to a
25    person who is charged with a violation of subsection  (b)  of
26    this Section.
27        (e)  Sentence.  Violation of this Section by a person not
28    confined in a penal institution shall be a Class 3 felony for
29    which the person, if sentenced to  a  term  of  imprisonment,
30    shall  be  sentenced to no less than 2 years and no more than
31    10 years.  Violation of this Section by a person not confined
32    in a penal institution who has been convicted of  a  forcible
33    felony,  a  felony violation of Article 24 of this Code or of
34    the Firearm  Owners  Identification  Card  Act,  stalking  or
                            -16-               LRB9009384RCmb
 1    aggravated stalking, or a Class 2 or greater felony under the
 2    Illinois  Controlled  Substances  Act or the Cannabis Control
 3    Act is a Class 2 felony for which the person, if sentenced to
 4    a term of imprisonment, shall be sentenced to not less than 3
 5    years and not more than 14 years.  Violation of this  Section
 6    by  a person who is on parole or mandatory supervised release
 7    is a Class 2 felony for which the person, if sentenced  to  a
 8    term  of  imprisonment, shall be sentenced to not less than 3
 9    years and not more than 14 years.  Violation of this  Section
10    by  a person not confined in a penal institution is a Class X
11    felony when the firearm  possessed  is  a  machine  gun.  Any
12    person  who  violates  this Section while confined in a penal
13    institution, which is a facility of the  Illinois  Department
14    of  Corrections,  is  guilty  of  a  Class  1  felony,  if he
15    possesses any weapon prohibited under Section  24-1  of  this
16    Code regardless of the intent with which he possesses it, and
17    a  Class  X  felony  if  he  possesses  any  firearm, firearm
18    ammunition or explosive and a Class X felony  for  which  the
19    offender shall be sentenced to not less than 12 years and not
20    more  than  50 years where the firearm possessed is a machine
21    gun.
22    (Source: P.A. 88-300.)
23        (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
24        Sec. 24-3.  Unlawful transfer Sale of firearms. A  person
25    commits  the  offense  of  unlawful transfer sale of firearms
26    when he or she knowingly:
27        (a)  Transfers or possesses with intent to transfer Sells
28    or gives any firearm of a size which may  be  concealed  upon
29    the  person  to  any person he or she knows or has reasonable
30    cause to believe is under 18 years of age; or
31        (b)  Transfers or possesses with intent to transfer Sells
32    or gives any firearm to a person  he  or  she  knows  or  has
33    reasonable  cause to believe is under 21 years of age who has
                            -17-               LRB9009384RCmb
 1    been convicted of a misdemeanor other than a traffic  offense
 2    or adjudged delinquent; or
 3        (c)  Transfers or possesses with intent to transfer Sells
 4    or  gives  any  firearm  to any person he or she knows or has
 5    reasonable cause to believe is a narcotic addict; or
 6        (d)  Transfers or possesses with intent to transfer Sells
 7    or gives any firearm to any person he or  she  knows  or  has
 8    reasonable  cause  to  believe  who  has  been convicted of a
 9    felony under the laws of this or any other jurisdiction; or
10        (e)  Transfers or possesses with intent to transfer Sells
11    or gives any firearm to any person he or  she  knows  or  has
12    reasonable  cause  to  believe  who  has  been a patient in a
13    mental hospital within the past 5 years; or
14        (f)  Transfers or possesses with intent to transfer Sells
15    or gives any firearms to any person he or she  knows  or  has
16    reasonable cause to believe who is mentally retarded; or
17        (g)  Knowingly  transfers  delivers any firearm of a size
18    which may be concealed upon the person, incidental to a sale,
19    without withholding delivery of such firearm for at least  72
20    hours  after  application  for its purchase has been made, or
21    delivers any rifle, shotgun or other long gun, incidental  to
22    a  sale,  without withholding delivery of such rifle, shotgun
23    or other long gun for at least 24 hours after application for
24    its purchase has been made. However, this paragraph shall not
25    apply to: (1) the sale of a  firearm  to  a  law  enforcement
26    officer or a person who desires to purchase a firearm for use
27    in  promoting  the public interest incident to his employment
28    as  a  bank  guard,  armed  truck  guard,  or  other  similar
29    employment; or (2) a mail  order  sale  of  a  firearm  to  a
30    nonresident  of Illinois under which the firearm is mailed to
31    a point outside the boundaries of Illinois; or (3)  the  sale
32    of  a firearm to a nonresident of Illinois while at a firearm
33    showing or display recognized by the Illinois  Department  of
34    State  Police;  or  (4)  the  sale  of  a firearm to a dealer
                            -18-               LRB9009384RCmb
 1    licensed under the Federal Firearms Act of the United States;
 2    or
 3        (h)  While holding any license  under  the  Federal  "Gun
 4    Control  Act  of  1968",  as  amended, as a dealer, importer,
 5    manufacturer or pawnbroker; knowingly manufactures, sells  or
 6    delivers  to any unlicensed person a handgun having a barrel,
 7    slide, frame or receiver which is a die casting of zinc alloy
 8    or any other nonhomogeneous metal which will melt  or  deform
 9    at  a  temperature  of  less than 800 degrees Fahrenheit. For
10    purposes of this paragraph, (1) "firearm" is  defined  as  in
11    the  Firearm  Owners Identification Card Act "An Act relating
12    to the acquisition, possession and transfer of  firearms  and
13    firearm  ammunition,  to  provide a penalty for the violation
14    thereof  and  to  make   an   appropriation   in   connection
15    therewith",   approved   August  3,  1967,  as  amended;  (2)
16    "handgun" is defined as a firearm designed  to  be  held  and
17    fired by the use of a single hand, and includes a combination
18    of parts from which a firearm can be assembled; or
19        (i)  Transfers or possesses with intent to transfer Sells
20    or gives a firearm of  any size to any person he or she knows
21    or  has  reasonable cause to believe is under 18 years of age
22    who does not possess a valid Firearm  Owner's  Identification
23    Card.
24        (j)  Paragraph  (h)  of  this  Section  shall not include
25    firearms  sold  within  6  months  after  enactment  of  this
26    amendatory Act of 1973, nor shall any firearm  legally  owned
27    or  possessed  by  any  citizen  or  purchased by any citizen
28    within 6 months after the enactment of this amendatory Act of
29    1973  be  subject  to  confiscation  or  seizure  under   the
30    provisions  of  this  amendatory Act of 1973. Nothing in this
31    amendatory Act of 1973 shall be  construed  to  prohibit  the
32    gift or trade of any firearm if that firearm was legally held
33    or  acquired  within  6  months  after  the enactment of this
34    amendatory Act of 1973.
                            -19-               LRB9009384RCmb
 1        (k)  Sentence.
 2        Any   person  convicted  of  unlawful  transfer  sale  of
 3    firearms in  violation of paragraph (c), (e),  (f),  (g),  or
 4    paragraphs (b) through (h) commits a Class 4 felony.
 5        Any   person  convicted  of  unlawful  transfer  sale  of
 6    firearms in violation of paragraph (a), (b), or (i) commits a
 7    Class 3 felony.  Any person convicted  of  unlawful  transfer
 8    sale  of firearms in violation of paragraph (a) or (i) in any
 9    school, regardless of the time of day or the time of year, in
10    residential property owned, operated, and managed by a public
11    housing agency, in a public park, in  a  courthouse,  on  the
12    real  property  comprising any school, regardless of the time
13    of day or the time of year, on  residential  property  owned,
14    operated, and managed by a public housing agency, on the real
15    property  comprising  any  public  park, on the real property
16    comprising any courthouse, in any conveyance  owned,  leased,
17    or  contracted  by  a school to transport students to or from
18    school or a school related activity, or  on  any  public  way
19    within 1,000 feet of the real property comprising any school,
20    public  park,  courthouse,  or  residential  property  owned,
21    operated,  and  managed  by a public housing agency commits a
22    Class 2 felony.
23        A person convicted of unlawful transfer  of  firearms  in
24    violation of paragraph (d) commits a Class 2 felony.
25    (Source: P.A. 88-680, eff. 1-1-95.)
26        (720 ILCS 5/24-3A)
27        Sec. 24-3A.  Gunrunning.
28        (a)  A  person  commits gunrunning when he or she commits
29    more than one violation of paragraph (a), (b), (d), or (i) of
30    Section 24-3 of this Code.
31        (b)  A person who commits  more  than  one  violation  of
32    paragraph (a), (b), or (i) of Section 24-3 of this Code:
33             (1)  is  guilty  of  a  Class 2 felony for which the
                            -20-               LRB9009384RCmb
 1        person, if sentenced to a term of imprisonment, shall  be
 2        sentenced  to  no  less  than 3 years and no more than 14
 3        years for unlawful transfer of not less than  2  firearms
 4        and not more than 5 firearms at the same time or within a
 5        one year period;
 6             (2)  is  guilty  of  a  Class 1 felony for which the
 7        person, if sentenced to a term of imprisonment, shall  be
 8        sentenced  to  no  less  than 4 years and no more than 30
 9        years for unlawful transfer of not less than  6  firearms
10        and  not more than 10 firearms at the same time or within
11        a 2 year period;
12             (3)  is guilty of a Class X  felony  for  which  the
13        person shall be sentenced to a term of imprisonment of no
14        less  than 6 years and no more than 30 years for unlawful
15        transfer of not less than 11 firearms and not  more  than
16        20 firearms at the same time or within a 3 year period;
17             (4)  is  guilty  of  a  Class X felony for which the
18        person shall be sentenced to a term of imprisonment of no
19        less than 6 years and no more than 40 years for  unlawful
20        transfer  of  not less than 21 firearms and not more than
21        30 firearms at the same time or within a 4 year period;
22             (5)  is guilty of a Class X  felony  for  which  the
23        person shall be sentenced to a term of imprisonment of no
24        less  than 6 years and no more than 50 years for unlawful
25        transfer of not less than 31 firearms and not  more  than
26        40 firearms at the same time or within a 5 year period;
27             (6)  is  guilty  of  a  Class X felony for which the
28        person shall be sentenced to a term of imprisonment of no
29        less than 6 years and no more than 60 years for  unlawful
30        transfer  of  more  than  40 firearms at the same time or
31        within a 6 year period.
32        (c)  A person who commits  more  than  one  violation  of
33    paragraph (d) of Section 24-3 of this Code:
34             (1)  is  guilty  of  a  Class 1 felony for which the
                            -21-               LRB9009384RCmb
 1        person, if sentenced to a term of imprisonment, shall  be
 2        sentenced  to  no  less  than 4 years and no more than 30
 3        years for unlawful transfer of 2  firearms  at  the  same
 4        time or within a 2 year period;
 5             (2)  is  guilty  of  a  Class X felony for which the
 6        person, if sentenced to a term of imprisonment, shall  be
 7        sentenced  to  no  less  than 6 years and no more than 30
 8        years for unlawful transfer of not less than  3  firearms
 9        and not more than 5 firearms at the same time or within a
10        3 year period;
11             (3)  is  guilty  of  a  Class X felony for which the
12        person shall be sentenced to a term of imprisonment of no
13        less than 6 years and no more than 40 years for  unlawful
14        transfer of not less than 6 firearms and not more than 10
15        firearms at the same time or within a 4 year period;
16             (4)  is  guilty  of  a  Class X felony for which the
17        person shall be sentenced to a term of imprisonment of no
18        less than 6 years and no more than 50 years for  unlawful
19        transfer  of  not less than 11 firearms and not more than
20        20 firearms at the same time or within a 5 year period;
21             (5)  is guilty of a Class X  felony  for  which  the
22        person shall be sentenced to a term of imprisonment of no
23        less  than 6 years and no more than 60 years for unlawful
24        transfer of more than 20 firearms at  the  same  time  or
25        within  a  6 year period. transfers 3 or more firearms in
26        violation of any of the paragraphs  of  Section  24-3  of
27        this Code.
28        (b)  Sentence.  A person who commits gunrunning is guilty
29    of a Class 1 felony.
30    (Source: P.A. 88-680, eff. 1-1-95.)

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