Public Act 097-0347
 
HB3431 EnrolledLRB097 06691 RLC 46778 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Code of 1961 is amended by changing
Sections 16-16, 16-16.1, and 24-3 as follows:
 
    (720 ILCS 5/16-16)
    Sec. 16-16. Possession of a stolen firearm.
    (a) A person commits possession of a stolen firearm when he
or she, not being entitled to the possession of a firearm,
possesses or delivers the firearm, knowing it to have been
stolen or converted. It may be inferred that a person who
possesses a firearm with knowledge that its serial number has
been removed or altered has knowledge that the firearm is
stolen or converted.
    (b) Possession of a stolen firearm is a Class 2 felony.
(Source: P.A. 91-544, eff. 1-1-00.)
 
    (720 ILCS 5/16-16.1)
    Sec. 16-16.1. Aggravated possession of a stolen firearm.
    (a) A person commits aggravated possession of a stolen
firearm when he or she:
        (1) Not being entitled to the possession of not less
    than 2 and not more than 5 firearms, possesses or delivers
    those firearms at the same time or within a one year
    period, knowing the firearms to have been stolen or
    converted.
        (2) Not being entitled to the possession of not less
    than 6 and not more than 10 firearms, possesses or delivers
    those firearms at the same time or within a 2 year period,
    knowing the firearms to have been stolen or converted.
        (3) Not being entitled to the possession of not less
    than 11 and not more than 20 firearms, possesses or
    delivers those firearms at the same time or within a 3 year
    period, knowing the firearms to have been stolen or
    converted.
        (4) Not being entitled to the possession of not less
    than 21 and not more than 30 firearms, possesses or
    delivers those firearms at the same time or within a 4 year
    period, knowing the firearms to have been stolen or
    converted.
        (5) Not being entitled to the possession of more than
    31 or more firearms, possesses or delivers those firearms
    at the same time or within a 5 year period, knowing the
    firearms to have been stolen or converted.
    (b) It may be inferred that a person who possesses a
firearm with knowledge that its serial number has been removed
or altered has knowledge that the firearm is stolen or
converted.
    (c) Sentence.
        (1) A person who violates paragraph (1) of subsection
    (a) of this Section commits a Class 1 felony.
        (2) A person who violates paragraph (2) of subsection
    (a) of this Section commits a Class X felony for which he
    or she shall be sentenced to a term of imprisonment of not
    less than 6 years and not more than 30 years.
        (3) A person who violates paragraph (3) of subsection
    (a) of this Section commits a Class X felony for which he
    or she shall be sentenced to a term of imprisonment of not
    less than 6 years and not more than 40 years.
        (4) A person who violates paragraph (4) of subsection
    (a) of this Section commits a Class X felony for which he
    or she shall be sentenced to a term of imprisonment of not
    less than 6 years and not more than 50 years.
        (5) A person who violates paragraph (5) of subsection
    (a) of this Section commits a Class X felony for which he
    or she shall be sentenced to a term of imprisonment of not
    less than 6 years and not more than 60 years.
(Source: P.A. 91-544, eff. 1-1-00.)
 
    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
    Sec. 24-3. Unlawful sale or delivery of firearms Sale of
Firearms.
    (A) A person commits the offense of unlawful sale or
delivery of firearms when he or she knowingly does any of the
following:
        (a) Sells or gives any firearm of a size which may be
    concealed upon the person to any person under 18 years of
    age.
        (b) Sells or gives any firearm to a person under 21
    years of age who has been convicted of a misdemeanor other
    than a traffic offense or adjudged delinquent.
        (c) Sells or gives any firearm to any narcotic addict.
        (d) Sells or gives any firearm to any person who has
    been convicted of a felony under the laws of this or any
    other jurisdiction.
        (e) Sells or gives any firearm to any person who has
    been a patient in a mental hospital within the past 5
    years.
        (f) Sells or gives any firearms to any person who is
    mentally retarded.
        (g) Delivers any firearm of a size which may be
    concealed upon the person, incidental to a sale, without
    withholding delivery of such firearm for at least 72 hours
    after application for its purchase has been made, or
    delivers any rifle, shotgun or other long gun, or a stun
    gun or taser, incidental to a sale, without withholding
    delivery of such rifle, shotgun or other long gun, or a
    stun gun or taser for at least 24 hours after application
    for its purchase has been made. However, this paragraph (g)
    does not apply to: (1) the sale of a firearm to a law
    enforcement officer if the seller of the firearm knows that
    the person to whom he or she is selling the firearm is a
    law enforcement officer or the sale of a firearm to a
    person who desires to purchase a firearm for use in
    promoting the public interest incident to his or her
    employment as a bank guard, armed truck guard, or other
    similar employment; (2) a mail order sale of a firearm to a
    nonresident of Illinois under which the firearm is mailed
    to a point outside the boundaries of Illinois; (3) the sale
    of a firearm to a nonresident of Illinois while at a
    firearm showing or display recognized by the Illinois
    Department of State Police; or (4) the sale of a firearm to
    a dealer licensed as a federal firearms dealer under
    Section 923 of the federal Gun Control Act of 1968 (18
    U.S.C. 923). For purposes of this paragraph (g),
    "application" means when the buyer and seller reach an
    agreement to purchase a firearm.
        (h) While holding any license as a dealer, importer,
    manufacturer or pawnbroker under the federal Gun Control
    Act of 1968, manufactures, sells or delivers to any
    unlicensed person a handgun having a barrel, slide, frame
    or receiver which is a die casting of zinc alloy or any
    other nonhomogeneous metal which will melt or deform at a
    temperature of less than 800 degrees Fahrenheit. For
    purposes of this paragraph, (1) "firearm" is defined as in
    the Firearm Owners Identification Card Act; and (2)
    "handgun" is defined as a firearm designed to be held and
    fired by the use of a single hand, and includes a
    combination of parts from which such a firearm can be
    assembled.
        (i) Sells or gives a firearm of any size to any person
    under 18 years of age who does not possess a valid Firearm
    Owner's Identification Card.
        (j) Sells or gives a firearm while engaged in the
    business of selling firearms at wholesale or retail without
    being licensed as a federal firearms dealer under Section
    923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
    In this paragraph (j):
        A person "engaged in the business" means a person who
    devotes time, attention, and labor to engaging in the
    activity as a regular course of trade or business with the
    principal objective of livelihood and profit, but does not
    include a person who makes occasional repairs of firearms
    or who occasionally fits special barrels, stocks, or
    trigger mechanisms to firearms.
        "With the principal objective of livelihood and
    profit" means that the intent underlying the sale or
    disposition of firearms is predominantly one of obtaining
    livelihood and pecuniary gain, as opposed to other intents,
    such as improving or liquidating a personal firearms
    collection; however, proof of profit shall not be required
    as to a person who engages in the regular and repetitive
    purchase and disposition of firearms for criminal purposes
    or terrorism.
        (k) Sells or transfers ownership of a firearm to a
    person who does not display to the seller or transferor of
    the firearm a currently valid Firearm Owner's
    Identification Card that has previously been issued in the
    transferee's name by the Department of State Police under
    the provisions of the Firearm Owners Identification Card
    Act. This paragraph (k) does not apply to the transfer of a
    firearm to a person who is exempt from the requirement of
    possessing a Firearm Owner's Identification Card under
    Section 2 of the Firearm Owners Identification Card Act.
    For the purposes of this Section, a currently valid Firearm
    Owner's Identification Card means (i) a Firearm Owner's
    Identification Card that has not expired or (ii) if the
    transferor is licensed as a federal firearms dealer under
    Section 923 of the federal Gun Control Act of 1968 (18
    U.S.C. 923), an approval number issued in accordance with
    Section 3.1 of the Firearm Owners Identification Card Act
    shall be proof that the Firearm Owner's Identification Card
    was valid.
        (l) Not being entitled to the possession of a firearm,
    delivers the firearm, knowing it to have been stolen or
    converted. It may be inferred that a person who possesses a
    firearm with knowledge that its serial number has been
    removed or altered has knowledge that the firearm is stolen
    or converted.
    (B) Paragraph (h) of subsection (A) does not include
firearms sold within 6 months after enactment of Public Act
78-355 (approved August 21, 1973, effective October 1, 1973),
nor is any firearm legally owned or possessed by any citizen or
purchased by any citizen within 6 months after the enactment of
Public Act 78-355 subject to confiscation or seizure under the
provisions of that Public Act. Nothing in Public Act 78-355
shall be construed to prohibit the gift or trade of any firearm
if that firearm was legally held or acquired within 6 months
after the enactment of that Public Act.
    (C) Sentence.
        (1) Any person convicted of unlawful sale or delivery
    of firearms in violation of paragraph (c), (e), (f), (g),
    or (h) of subsection (A) commits a Class 4 felony.
        (2) Any person convicted of unlawful sale or delivery
    of firearms in violation of paragraph (b) or (i) of
    subsection (A) commits a Class 3 felony.
        (3) Any person convicted of unlawful sale or delivery
    of firearms in violation of paragraph (a) of subsection (A)
    commits a Class 2 felony.
        (4) Any person convicted of unlawful sale or delivery
    of firearms in violation of paragraph (a), (b), or (i) of
    subsection (A) in any school, on the real property
    comprising a school, within 1,000 feet of the real property
    comprising a school, at a school related activity, or on or
    within 1,000 feet of any conveyance owned, leased, or
    contracted by a school or school district to transport
    students to or from school or a school related activity,
    regardless of the time of day or time of year at which the
    offense was committed, commits a Class 1 felony. Any person
    convicted of a second or subsequent violation of unlawful
    sale or delivery of firearms in violation of paragraph (a),
    (b), or (i) of subsection (A) in any school, on the real
    property comprising a school, within 1,000 feet of the real
    property comprising a school, at a school related activity,
    or on or within 1,000 feet of any conveyance owned, leased,
    or contracted by a school or school district to transport
    students to or from school or a school related activity,
    regardless of the time of day or time of year at which the
    offense was committed, commits a Class 1 felony for which
    the sentence shall be a term of imprisonment of no less
    than 5 years and no more than 15 years.
        (5) Any person convicted of unlawful sale or delivery
    of firearms in violation of paragraph (a) or (i) of
    subsection (A) in residential property owned, operated, or
    managed by a public housing agency or leased by a public
    housing agency as part of a scattered site or mixed-income
    development, in a public park, in a courthouse, on
    residential property owned, operated, or managed by a
    public housing agency or leased by a public housing agency
    as part of a scattered site or mixed-income development, on
    the real property comprising any public park, on the real
    property comprising any courthouse, or on any public way
    within 1,000 feet of the real property comprising any
    public park, courthouse, or residential property owned,
    operated, or managed by a public housing agency or leased
    by a public housing agency as part of a scattered site or
    mixed-income development commits a Class 2 felony.
        (6) Any person convicted of unlawful sale or delivery
    of firearms in violation of paragraph (j) of subsection (A)
    commits a Class A misdemeanor. A second or subsequent
    violation is a Class 4 felony.
        (7) Any person convicted of unlawful sale or delivery
    of firearms in violation of paragraph (k) of subsection (A)
    commits a Class 4 felony. A third or subsequent conviction
    for a violation of paragraph (k) of subsection (A) is a
    Class 1 felony.
        (8) A person 18 years of age or older convicted of
    unlawful sale or delivery of firearms in violation of
    paragraph (a) or (i) of subsection (A), when the firearm
    that was sold or given to another person under 18 years of
    age was used in the commission of or attempt to commit a
    forcible felony, shall be fined or imprisoned, or both, not
    to exceed the maximum provided for the most serious
    forcible felony so committed or attempted by the person
    under 18 years of age who was sold or given the firearm.
        (9) Any person convicted of unlawful sale or delivery
    of firearms in violation of paragraph (d) of subsection (A)
    commits a Class 3 felony.
        (10) Any person convicted of unlawful sale or delivery
    of firearms in violation of paragraph (l) of subsection (A)
    commits a Class 2 felony if the delivery is of one firearm.
    Any person convicted of unlawful sale or delivery of
    firearms in violation of paragraph (l) of subsection (A)
    commits a Class 1 felony if the delivery is of not less
    than 2 and not more than 5 firearms at the same time or
    within a one year period. Any person convicted of unlawful
    sale or delivery of firearms in violation of paragraph (l)
    of subsection (A) commits a Class X felony for which he or
    she shall be sentenced to a term of imprisonment of not
    less than 6 years and not more than 30 years if the
    delivery is of not less than 6 and not more than 10
    firearms at the same time or within a 2 year period. Any
    person convicted of unlawful sale or delivery of firearms
    in violation of paragraph (l) of subsection (A) commits a
    Class X felony for which he or she shall be sentenced to a
    term of imprisonment of not less than 6 years and not more
    than 40 years if the delivery is of not less than 11 and
    not more than 20 firearms at the same time or within a 3
    year period. Any person convicted of unlawful sale or
    delivery of firearms in violation of paragraph (l) of
    subsection (A) commits a Class X felony for which he or she
    shall be sentenced to a term of imprisonment of not less
    than 6 years and not more than 50 years if the delivery is
    of not less than 21 and not more than 30 firearms at the
    same time or within a 4 year period. Any person convicted
    of unlawful sale or delivery of firearms in violation of
    paragraph (l) of subsection (A) commits a Class X felony
    for which he or she shall be sentenced to a term of
    imprisonment of not less than 6 years and not more than 60
    years if the delivery is of 31 or more firearms at the same
    time or within a 5 year period.
    (D) For purposes of this Section:
    "School" means a public or private elementary or secondary
school, community college, college, or university.
    "School related activity" means any sporting, social,
academic, or other activity for which students' attendance or
participation is sponsored, organized, or funded in whole or in
part by a school or school district.
    (E) A prosecution for a violation of paragraph (k) of
subsection (A) of this Section may be commenced within 6 years
after the commission of the offense. A prosecution for a
violation of this Section other than paragraph (g) of
subsection (A) of this Section may be commenced within 5 years
after the commission of the offense defined in the particular
paragraph.
(Source: P.A. 95-331, eff. 8-21-07; 95-735, eff. 7-16-08;
96-190, eff. 1-1-10.)