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Public Act 097-0347
Public Act 0347 97TH GENERAL ASSEMBLY
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Public Act 097-0347
| | HB3431 Enrolled | LRB097 06691 RLC 46778 b |
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| 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
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| 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.)
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Effective Date: 1/1/2012
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