Full Text of SB0803 99th General Assembly
SB0803sam001 99TH GENERAL ASSEMBLY | Sen. William R. Haine Filed: 5/20/2015
| | 09900SB0803sam001 | | LRB099 06116 RLC 35817 a |
|
| 1 | | AMENDMENT TO SENATE BILL 803
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 803 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Firearm Owners Identification Card Act is | 5 | | amended by changing Sections 1.1, 2, and 3.1 and by adding | 6 | | Section 13.4 as follows:
| 7 | | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
| 8 | | Sec. 1.1. For purposes of this Act:
| 9 | | "Addicted to narcotics" means a person who has been: | 10 | | (1) convicted of an offense involving the use or | 11 | | possession of cannabis, a controlled substance, or | 12 | | methamphetamine within the past year; or | 13 | | (2) determined by the Department of State Police to be | 14 | | addicted to narcotics based upon federal law or federal | 15 | | guidelines. | 16 | | "Addicted to narcotics" does not include possession or use |
| | | 09900SB0803sam001 | - 2 - | LRB099 06116 RLC 35817 a |
|
| 1 | | of a prescribed controlled substance under the direction and | 2 | | authority of a physician or other person authorized to | 3 | | prescribe the controlled substance when the controlled | 4 | | substance is used in the prescribed manner. | 5 | | "Adjudicated as a mentally disabled person" means the | 6 | | person is the subject of a determination by a court, board, | 7 | | commission or other lawful authority that the person, as a | 8 | | result of marked subnormal intelligence, or mental illness, | 9 | | mental impairment, incompetency, condition, or disease: | 10 | | (1) presents a clear and present danger to himself, | 11 | | herself, or to others; | 12 | | (2) lacks the mental capacity to manage his or her own | 13 | | affairs or is adjudicated a disabled person as defined in | 14 | | Section 11a-2 of the Probate Act of 1975; | 15 | | (3) is not guilty in a criminal case by reason of | 16 | | insanity, mental disease or defect; | 17 | | (3.5) is guilty but mentally ill, as provided in | 18 | | Section 5-2-6 of the Unified Code of Corrections; | 19 | | (4) is incompetent to stand trial in a criminal case; | 20 | | (5) is not guilty by reason of lack of mental | 21 | | responsibility under Articles 50a and 72b of the Uniform | 22 | | Code of Military Justice, 10 U.S.C. 850a, 876b;
| 23 | | (6) is a sexually violent person under subsection (f) | 24 | | of Section 5 of the Sexually Violent Persons Commitment | 25 | | Act; | 26 | | (7) is a sexually dangerous person under the Sexually |
| | | 09900SB0803sam001 | - 3 - | LRB099 06116 RLC 35817 a |
|
| 1 | | Dangerous Persons Act; | 2 | | (8) is unfit to stand trial under the Juvenile Court | 3 | | Act of 1987; | 4 | | (9) is not guilty by reason of insanity under the | 5 | | Juvenile Court Act of 1987; | 6 | | (10) is subject to involuntary admission as an | 7 | | inpatient as defined in Section 1-119 of the Mental Health | 8 | | and Developmental Disabilities Code; | 9 | | (11) is subject to involuntary admission as an | 10 | | outpatient as defined in Section 1-119.1 of the Mental | 11 | | Health and Developmental Disabilities Code; | 12 | | (12) is subject to judicial admission as set forth in | 13 | | Section 4-500 of the Mental Health and Developmental | 14 | | Disabilities Code; or | 15 | | (13) is subject to the provisions of the Interstate | 16 | | Agreements on Sexually Dangerous Persons Act. | 17 | | "Clear and present danger" means a person who: | 18 | | (1) communicates a serious threat of physical violence | 19 | | against a reasonably identifiable victim or poses a clear | 20 | | and imminent risk of serious physical injury to himself, | 21 | | herself, or another person as determined by a physician, | 22 | | clinical psychologist, or qualified examiner; or | 23 | | (2) demonstrates threatening physical or verbal | 24 | | behavior, such as violent, suicidal, or assaultive | 25 | | threats, actions, or other behavior, as determined by a | 26 | | physician, clinical psychologist, qualified examiner, |
| | | 09900SB0803sam001 | - 4 - | LRB099 06116 RLC 35817 a |
|
| 1 | | school administrator, or law enforcement official. | 2 | | "Clinical psychologist" has the meaning provided in | 3 | | Section 1-103 of the Mental Health and Developmental | 4 | | Disabilities Code. | 5 | | "Controlled substance" means a controlled substance or | 6 | | controlled substance analog as defined in the Illinois | 7 | | Controlled Substances Act. | 8 | | "Counterfeit" means to copy or imitate, without legal | 9 | | authority, with
intent
to deceive. | 10 | | "Developmentally disabled" means a disability which is | 11 | | attributable to any other condition which results in impairment | 12 | | similar to that caused by an intellectual disability and which | 13 | | requires services similar to those required by intellectually | 14 | | disabled persons. The disability must originate before the age | 15 | | of 18
years, be expected to continue indefinitely, and | 16 | | constitute a substantial handicap. | 17 | | "Federally licensed firearm dealer" means a person who is | 18 | | licensed as a federal firearms dealer under Section 923 of the | 19 | | federal Gun Control Act of 1968 (18 U.S.C. 923).
| 20 | | "Firearm" means any device, by
whatever name known, which | 21 | | is designed to expel a projectile or projectiles
by the action | 22 | | of an explosion, expansion of gas or escape of gas; excluding,
| 23 | | however:
| 24 | | (1) any pneumatic gun, spring gun, paint ball gun, or | 25 | | B-B gun which
expels a single globular projectile not | 26 | | exceeding .18 inch in
diameter or which has a maximum |
| | | 09900SB0803sam001 | - 5 - | LRB099 06116 RLC 35817 a |
|
| 1 | | muzzle velocity of less than 700 feet
per second;
| 2 | | (1.1) any pneumatic gun, spring gun, paint ball gun, or | 3 | | B-B gun which expels breakable paint balls containing | 4 | | washable marking colors;
| 5 | | (2) any device used exclusively for signalling or | 6 | | safety and required or
recommended by the United States | 7 | | Coast Guard or the Interstate Commerce
Commission;
| 8 | | (3) any device used exclusively for the firing of stud | 9 | | cartridges,
explosive rivets or similar industrial | 10 | | ammunition; and
| 11 | | (4) an antique firearm (other than a machine-gun) | 12 | | which, although
designed as a weapon, the Department of | 13 | | State Police finds by reason of
the date of its | 14 | | manufacture, value, design, and other characteristics is
| 15 | | primarily a collector's item and is not likely to be used | 16 | | as a weapon.
| 17 | | "Firearm ammunition" means any self-contained cartridge or | 18 | | shotgun
shell, by whatever name known, which is designed to be | 19 | | used or adaptable to
use in a firearm; excluding, however:
| 20 | | (1) any ammunition exclusively designed for use with a | 21 | | device used
exclusively for signalling or safety and | 22 | | required or recommended by the
United States Coast Guard or | 23 | | the Interstate Commerce Commission; and
| 24 | | (2) any ammunition designed exclusively for use with a | 25 | | stud or rivet
driver or other similar industrial | 26 | | ammunition. |
| | | 09900SB0803sam001 | - 6 - | LRB099 06116 RLC 35817 a |
|
| 1 | | "Gun show" means an event or function: | 2 | | (1) at which the sale and transfer of firearms is the | 3 | | regular and normal course of business and where 50 or more | 4 | | firearms are displayed, offered, or exhibited for sale, | 5 | | transfer, or exchange; or | 6 | | (2) at which not less than 10 gun show vendors display, | 7 | | offer, or exhibit for sale, sell, transfer, or exchange | 8 | | firearms.
| 9 | | "Gun show" includes the entire premises provided for an | 10 | | event or function, including parking areas for the event or | 11 | | function, that is sponsored to facilitate the purchase, sale, | 12 | | transfer, or exchange of firearms as described in this Section.
| 13 | | "Gun show" does not include training or safety classes, | 14 | | competitive shooting events, such as rifle, shotgun, or handgun | 15 | | matches, trap, skeet, or sporting clays shoots, dinners, | 16 | | banquets, raffles, or
any other event where the sale or | 17 | | transfer of firearms is not the primary course of business. | 18 | | "Gun show promoter" means a person who organizes or | 19 | | operates a gun show. | 20 | | "Gun show vendor" means a person who exhibits, sells, | 21 | | offers for sale, transfers, or exchanges any firearms at a gun | 22 | | show, regardless of whether the person arranges with a gun show | 23 | | promoter for a fixed location from which to exhibit, sell, | 24 | | offer for sale, transfer, or exchange any firearm. | 25 | | "Intellectually disabled" means significantly subaverage | 26 | | general intellectual functioning which exists concurrently |
| | | 09900SB0803sam001 | - 7 - | LRB099 06116 RLC 35817 a |
|
| 1 | | with impairment in adaptive behavior and which originates | 2 | | before the age of 18 years. | 3 | | "Involuntarily admitted" has the meaning as prescribed in | 4 | | Sections 1-119 and 1-119.1 of the Mental Health and | 5 | | Developmental Disabilities Code. | 6 | | "Mental health facility" means any licensed private | 7 | | hospital or hospital affiliate, institution, or facility, or | 8 | | part thereof, and any facility, or part thereof, operated by | 9 | | the State or a political subdivision thereof which provide | 10 | | treatment of persons with mental illness and includes all | 11 | | hospitals, institutions, clinics, evaluation facilities, | 12 | | mental health centers, colleges, universities, long-term care | 13 | | facilities, and nursing homes, or parts thereof, which provide | 14 | | treatment of persons with mental illness whether or not the | 15 | | primary purpose is to provide treatment of persons with mental | 16 | | illness. | 17 | | "Patient" means: | 18 | | (1) a person who voluntarily receives mental health | 19 | | treatment as an in-patient or resident of any public or | 20 | | private mental health facility, unless the treatment was | 21 | | solely for an alcohol abuse disorder and no other secondary | 22 | | substance abuse disorder or mental illness; or | 23 | | (2) a person who voluntarily receives mental health | 24 | | treatment as an out-patient or is provided services by a | 25 | | public or private mental health facility, and who poses a | 26 | | clear and present danger to himself, herself, or to others. |
| | | 09900SB0803sam001 | - 8 - | LRB099 06116 RLC 35817 a |
|
| 1 | | "Physician" has the meaning as defined in Section 1-120 of | 2 | | the Mental Health and Developmental Disabilities Code. | 3 | | "Qualified examiner" has the meaning provided in Section | 4 | | 1-122 of the Mental Health and Developmental Disabilities Code. | 5 | | "Sanctioned competitive shooting event" means a shooting | 6 | | contest officially recognized by a national or state shooting | 7 | | sport association, and includes any sight-in or practice | 8 | | conducted in conjunction with the event.
| 9 | | "School administrator" means the person required to report | 10 | | under the School Administrator Reporting of Mental Health Clear | 11 | | and Present Danger Determinations Law. | 12 | | "Stun gun or taser" has the meaning ascribed to it in | 13 | | Section 24-1 of the Criminal Code of 2012. | 14 | | "Suppressor" means any device or attachment of any kind | 15 | | designed, used, or intended for use in silencing or suppressing | 16 | | the report of any firearm. | 17 | | (Source: P.A. 97-776, eff. 7-13-12; 97-1150, eff. 1-25-13; | 18 | | 97-1167, eff. 6-1-13; 98-63, eff. 7-9-13.)
| 19 | | (430 ILCS 65/2) (from Ch. 38, par. 83-2)
| 20 | | Sec. 2. Firearm Owner's Identification Card required; | 21 | | exceptions.
| 22 | | (a) (1) No person may acquire or possess any firearm, stun | 23 | | gun, suppressor, or taser within this State
without having | 24 | | in his or her possession a Firearm Owner's Identification | 25 | | Card
previously issued in his or her name by the Department |
| | | 09900SB0803sam001 | - 9 - | LRB099 06116 RLC 35817 a |
|
| 1 | | of State Police under
the provisions of this Act.
| 2 | | (2) No person may acquire or possess firearm ammunition | 3 | | within this
State without having in his or her possession a | 4 | | Firearm Owner's Identification
Card previously issued in | 5 | | his or her name by the Department of State Police
under the | 6 | | provisions of this Act.
| 7 | | (b) The provisions of this Section regarding the possession | 8 | | of firearms, firearm ammunition, stun guns, and tasers do not | 9 | | apply to:
| 10 | | (1) United States Marshals, while engaged in the | 11 | | operation of their
official duties;
| 12 | | (2) Members of the Armed Forces of the United States or | 13 | | the National
Guard, while engaged in the operation of their | 14 | | official duties;
| 15 | | (3) Federal officials required to carry firearms, | 16 | | while engaged in the
operation of their official duties;
| 17 | | (4) Members of bona fide veterans organizations which | 18 | | receive firearms
directly from the armed forces of the | 19 | | United States, while using the
firearms for ceremonial | 20 | | purposes with blank ammunition;
| 21 | | (5) Nonresident hunters during hunting season, with | 22 | | valid nonresident
hunting licenses and while in an area | 23 | | where hunting is permitted; however,
at all other times and | 24 | | in all other places these persons must have their
firearms | 25 | | unloaded and enclosed in a case;
| 26 | | (6) Those hunters exempt from obtaining a hunting |
| | | 09900SB0803sam001 | - 10 - | LRB099 06116 RLC 35817 a |
|
| 1 | | license who are
required to submit their Firearm Owner's | 2 | | Identification Card when hunting
on Department of Natural | 3 | | Resources owned or managed sites;
| 4 | | (7) Nonresidents while on a firing or shooting range | 5 | | recognized by the
Department of State Police; however, | 6 | | these persons must at all other times
and in all other | 7 | | places have their firearms unloaded and enclosed in a case;
| 8 | | (8) Nonresidents while at a firearm showing or display | 9 | | recognized by
the Department of State Police; however, at | 10 | | all other times and in all
other places these persons must | 11 | | have their firearms unloaded and enclosed
in a case;
| 12 | | (9) Nonresidents whose firearms are unloaded and | 13 | | enclosed in a case;
| 14 | | (10) Nonresidents who are currently licensed or | 15 | | registered to possess a
firearm , ammunition, or suppressor | 16 | | in their resident state;
| 17 | | (11) Unemancipated minors while in the custody and | 18 | | immediate control of
their parent or legal guardian or | 19 | | other person in loco parentis to the
minor if the parent or | 20 | | legal guardian or other person in loco parentis to
the | 21 | | minor has a currently valid Firearm Owner's Identification
| 22 | | Card;
| 23 | | (12) Color guards of bona fide veterans organizations | 24 | | or members of bona
fide American Legion bands while using | 25 | | firearms for ceremonial purposes
with blank ammunition;
| 26 | | (13) Nonresident hunters whose state of residence does |
| | | 09900SB0803sam001 | - 11 - | LRB099 06116 RLC 35817 a |
|
| 1 | | not require
them to be licensed or registered to possess a | 2 | | firearm and only during
hunting season, with valid hunting | 3 | | licenses, while accompanied by, and
using a firearm owned | 4 | | by, a person who possesses a valid Firearm Owner's
| 5 | | Identification Card and while in an area within a | 6 | | commercial club licensed
under the Wildlife Code where | 7 | | hunting is permitted and controlled, but in
no instance | 8 | | upon sites owned or managed by the Department of Natural
| 9 | | Resources;
| 10 | | (14) Resident hunters who are properly authorized to | 11 | | hunt and,
while accompanied by a person who possesses a | 12 | | valid Firearm Owner's
Identification Card, hunt in an area | 13 | | within a commercial club licensed
under the Wildlife Code | 14 | | where hunting is permitted and controlled;
| 15 | | (15) A person who is otherwise eligible to obtain a | 16 | | Firearm Owner's
Identification Card under this Act and is | 17 | | under the direct supervision of a
holder of a Firearm
| 18 | | Owner's Identification Card who is 21 years of age or older | 19 | | while the person is
on a firing or shooting range
or is a
| 20 | | participant in a firearms safety and training course | 21 | | recognized by a law
enforcement agency or a national, | 22 | | statewide shooting sports organization; and
| 23 | | (16) Competitive shooting athletes whose competition | 24 | | firearms are sanctioned by the International Olympic | 25 | | Committee, the International Paralympic Committee, the | 26 | | International Shooting Sport Federation, or USA Shooting |
| | | 09900SB0803sam001 | - 12 - | LRB099 06116 RLC 35817 a |
|
| 1 | | in connection with such athletes' training for and | 2 | | participation in shooting competitions at the 2016 Olympic | 3 | | and Paralympic Games and sanctioned test events leading up | 4 | | to the 2016 Olympic and Paralympic Games. | 5 | | (c) The provisions of this Section regarding the | 6 | | acquisition and possession
of firearms, firearm ammunition, | 7 | | stun guns, and tasers do not apply to law enforcement officials
| 8 | | of this or any other jurisdiction, while engaged in the | 9 | | operation of their
official duties.
| 10 | | (d) Any person who becomes a resident of this State, who is | 11 | | not otherwise prohibited from obtaining, possessing, or using a | 12 | | firearm or firearm ammunition, shall not be required to have a | 13 | | Firearm Owner's Identification Card to possess firearms or | 14 | | firearms ammunition until 60 calendar days after he or she | 15 | | obtains an Illinois driver's license or Illinois | 16 | | Identification Card. | 17 | | (Source: P.A. 96-7, eff. 4-3-09; 97-1131, eff. 1-1-13.)
| 18 | | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
| 19 | | Sec. 3.1. Dial up system. | 20 | | (a) The Department of State Police shall provide
a dial up | 21 | | telephone system or utilize other existing technology which | 22 | | shall be used by any federally licensed
firearm dealer, gun | 23 | | show promoter, or gun show vendor who is to transfer a firearm, | 24 | | stun gun, suppressor, or taser under the provisions of this
| 25 | | Act. The Department of State Police may utilize existing |
| | | 09900SB0803sam001 | - 13 - | LRB099 06116 RLC 35817 a |
|
| 1 | | technology which
allows the caller to be charged a fee not to | 2 | | exceed $2. Fees collected by the Department of
State Police | 3 | | shall be deposited in the State Police Services Fund and used
| 4 | | to provide the service.
| 5 | | (b) Upon receiving a request from a federally licensed | 6 | | firearm dealer, gun show promoter, or gun show vendor, the
| 7 | | Department of State Police shall immediately approve, or within | 8 | | the time
period established by Section 24-3 of the Criminal | 9 | | Code of 2012 regarding
the delivery of firearms, stun guns, | 10 | | suppressors, and tasers notify the inquiring dealer, gun show | 11 | | promoter, or gun show vendor of any objection that
would | 12 | | disqualify the transferee from acquiring or possessing a | 13 | | firearm, stun gun, suppressor, or taser. In
conducting the | 14 | | inquiry, the Department of State Police shall initiate and
| 15 | | complete an automated search of its criminal history record | 16 | | information
files and those of the Federal Bureau of | 17 | | Investigation, including the
National Instant Criminal | 18 | | Background Check System, and of the files of
the Department of | 19 | | Human Services relating to mental health and
developmental | 20 | | disabilities to obtain
any felony conviction or patient | 21 | | hospitalization information which would
disqualify a person | 22 | | from obtaining or require revocation of a currently
valid | 23 | | Firearm Owner's Identification Card. | 24 | | (c) If receipt of a firearm or suppressor would not violate | 25 | | Section 24-3 of the Criminal Code of 2012, federal law, or this | 26 | | Act the Department of State Police shall: |
| | | 09900SB0803sam001 | - 14 - | LRB099 06116 RLC 35817 a |
|
| 1 | | (1) assign a unique identification number to the | 2 | | transfer; and | 3 | | (2) provide the licensee, gun show promoter, or gun | 4 | | show vendor with the number. | 5 | | (d) Approvals issued by the Department of State Police for | 6 | | the purchase of a firearm are valid for 30 days from the date | 7 | | of issue.
| 8 | | (e) (1) The Department of State Police must act as the | 9 | | Illinois Point of Contact
for the National Instant Criminal | 10 | | Background Check System. | 11 | | (2) The Department of State Police and the Department of | 12 | | Human Services shall, in accordance with State and federal law | 13 | | regarding confidentiality, enter into a memorandum of | 14 | | understanding with the Federal Bureau of Investigation for the | 15 | | purpose of implementing the National Instant Criminal | 16 | | Background Check System in the State. The Department of State | 17 | | Police shall report the name, date of birth, and physical | 18 | | description of any person prohibited from possessing a firearm | 19 | | pursuant to the Firearm Owners Identification Card Act or 18 | 20 | | U.S.C. 922(g) and (n) to the National Instant Criminal | 21 | | Background Check System Index, Denied Persons Files.
| 22 | | (3) The Department of State Police shall provide notice of | 23 | | the disqualification of a person under subsection (b) of this | 24 | | Section or the revocation of a person's Firearm Owner's | 25 | | Identification Card under Section 8 of this Act, and the reason | 26 | | for the disqualification or revocation, to all law enforcement |
| | | 09900SB0803sam001 | - 15 - | LRB099 06116 RLC 35817 a |
|
| 1 | | agencies with jurisdiction to assist with the seizure of the | 2 | | person's Firearm Owner's Identification Card. | 3 | | (f) The Department of State Police shall adopt rules not | 4 | | inconsistent with this Section to implement this
system.
| 5 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-63, eff. 7-9-13.) | 6 | | (430 ILCS 65/13.4 new) | 7 | | Sec. 13.4. Firearm transfer certification. | 8 | | (a) The Director of State Police, or his or her designee, | 9 | | may not make a certification under this
Section that the | 10 | | Director knows to be untrue. The Director may not refuse to | 11 | | provide certification based on a generalized
objection to | 12 | | private persons or entities making, possessing, or receiving | 13 | | firearms or any
certain type of firearm, or suppressors, the | 14 | | possession of which is not prohibited by State law. | 15 | | (b)
Upon receiving a federal firearm transfer form (ATF | 16 | | Form 1 or Form 4), the Director
of State Police, or his or her | 17 | | designee, shall provide certification if the applicant: | 18 | | (1) is not prohibited by law from receiving or | 19 | | possessing the firearm or suppressor; or | 20 | | (2) is not the subject of a proceeding that could | 21 | | result in the applicant being prohibited by
law from | 22 | | receiving or possessing the firearm or suppressor. | 23 | | (c) The Director of State Police, or his or her designee, | 24 | | signing the federal transfer form shall: | 25 | | (1) return the federal transfer form to the applicant |
| | | 09900SB0803sam001 | - 16 - | LRB099 06116 RLC 35817 a |
|
| 1 | | within 15 calendar days; or | 2 | | (2) if the applicant is denied, provide to the | 3 | | applicant the reasons for denial in writing
within 15 | 4 | | calendar days. | 5 | | Section 10. The Wildlife Code is amended by changing | 6 | | Section 2.33 and by adding Section 2.33-2 as follows:
| 7 | | (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
| 8 | | Sec. 2.33. Prohibitions.
| 9 | | (a) It is unlawful to carry or possess any gun in any
State | 10 | | refuge unless otherwise permitted by administrative rule.
| 11 | | (b) It is unlawful to use or possess any snare or | 12 | | snare-like device,
deadfall, net, or pit trap to take any | 13 | | species, except that snares not
powered by springs or other | 14 | | mechanical devices may be used to trap
fur-bearing mammals, in | 15 | | water sets only, if at least one-half of the snare
noose is | 16 | | located underwater at all times.
| 17 | | (c) It is unlawful for any person at any time to take a | 18 | | wild mammal
protected by this Act from its den by means of any | 19 | | mechanical device,
spade, or digging device or to use smoke or | 20 | | other gases to dislodge or
remove such mammal except as | 21 | | provided in Section 2.37.
| 22 | | (d) It is unlawful to use a ferret or any other small | 23 | | mammal which is
used in the same or similar manner for which | 24 | | ferrets are used for the
purpose of frightening or driving any |
| | | 09900SB0803sam001 | - 17 - | LRB099 06116 RLC 35817 a |
|
| 1 | | mammals from their dens or hiding places.
| 2 | | (e) (Blank).
| 3 | | (f) It is unlawful to use spears, gigs, hooks or any like | 4 | | device to
take any species protected by this Act.
| 5 | | (g) It is unlawful to use poisons, chemicals or explosives | 6 | | for the
purpose of taking any species protected by this Act.
| 7 | | (h) It is unlawful to hunt adjacent to or near any peat, | 8 | | grass,
brush or other inflammable substance when it is burning.
| 9 | | (i) It is unlawful to take, pursue or intentionally harass | 10 | | or disturb
in any manner any wild birds or mammals by use or | 11 | | aid of any vehicle or
conveyance, except as permitted by the | 12 | | Code of Federal Regulations for the
taking of waterfowl. It is | 13 | | also unlawful to use the lights of any vehicle
or conveyance or | 14 | | any light from or any light connected to the
vehicle or | 15 | | conveyance in any area where wildlife may be found except in
| 16 | | accordance with Section 2.37 of this Act; however, nothing in | 17 | | this
Section shall prohibit the normal use of headlamps for the | 18 | | purpose of driving
upon a roadway. Striped skunk, opossum, red | 19 | | fox, gray
fox, raccoon and coyote may be taken during the open | 20 | | season by use of a small
light which is worn on the body or | 21 | | hand-held by a person on foot and not in any
vehicle.
| 22 | | (j) It is unlawful to use any shotgun larger than 10 gauge | 23 | | while
taking or attempting to take any of the species protected | 24 | | by this Act.
| 25 | | (k) It is unlawful to use or possess in the field any | 26 | | shotgun shell loaded
with a shot size larger than lead BB or |
| | | 09900SB0803sam001 | - 18 - | LRB099 06116 RLC 35817 a |
|
| 1 | | steel T (.20 diameter) when taking or
attempting to take any | 2 | | species of wild game mammals (excluding white-tailed
deer), | 3 | | wild game birds, migratory waterfowl or migratory game birds | 4 | | protected
by this Act, except white-tailed deer as provided for | 5 | | in Section 2.26 and other
species as provided for by subsection | 6 | | (l) or administrative rule.
| 7 | | (l) It is unlawful to take any species of wild game, except
| 8 | | white-tailed deer and fur-bearing mammals, with a shotgun | 9 | | loaded with slugs unless otherwise
provided for by | 10 | | administrative rule.
| 11 | | (m) It is unlawful to use any shotgun capable of holding | 12 | | more than 3
shells in the magazine or chamber combined, except | 13 | | on game breeding and
hunting preserve areas licensed under | 14 | | Section 3.27 and except as permitted by
the Code of Federal | 15 | | Regulations for the taking of waterfowl. If the shotgun
is | 16 | | capable of holding more than 3 shells, it shall, while being | 17 | | used on an
area other than a game breeding and shooting | 18 | | preserve area licensed
pursuant to Section 3.27, be fitted with | 19 | | a one piece plug that is
irremovable without dismantling the | 20 | | shotgun or otherwise altered to
render it incapable of holding | 21 | | more than 3 shells in the magazine and
chamber, combined.
| 22 | | (n) It is unlawful for any person, except persons who | 23 | | possess a permit to
hunt from a vehicle as provided in this | 24 | | Section and persons otherwise permitted
by law, to have or | 25 | | carry any gun in or on any vehicle, conveyance or aircraft,
| 26 | | unless such gun is unloaded and enclosed in a case, except that |
| | | 09900SB0803sam001 | - 19 - | LRB099 06116 RLC 35817 a |
|
| 1 | | at field trials
authorized by Section 2.34 of this Act, | 2 | | unloaded guns or guns loaded with blank
cartridges only, may be | 3 | | carried on horseback while not contained in a case, or
to have | 4 | | or carry any bow or arrow device in or on any vehicle unless | 5 | | such bow
or arrow device is unstrung or enclosed in a case, or | 6 | | otherwise made
inoperable.
| 7 | | (o) It is unlawful to use any crossbow for the purpose of | 8 | | taking any
wild birds or mammals, except as provided for in | 9 | | Section 2.5.
| 10 | | (p) It is unlawful to take game birds, migratory game birds | 11 | | or
migratory waterfowl with a rifle, pistol, revolver or | 12 | | airgun.
| 13 | | (q) It is unlawful to fire a rifle, pistol, revolver or | 14 | | airgun on,
over or into any waters of this State, including | 15 | | frozen waters.
| 16 | | (r) It is unlawful to discharge any gun or bow and arrow | 17 | | device
along, upon, across, or from any public right-of-way or | 18 | | highway in this State.
| 19 | | (s) (Blank). It is unlawful to use a silencer or other | 20 | | device to muffle or
mute the sound of the explosion or report | 21 | | resulting from the firing of
any gun.
| 22 | | (t) It is unlawful for any person to take or attempt to | 23 | | take any species of wildlife or parts thereof, intentionally or | 24 | | wantonly allow a dog to
hunt, within or upon the land of | 25 | | another, or upon waters flowing over or
standing on the land of | 26 | | another, or to knowingly shoot a gun or bow and arrow device at |
| | | 09900SB0803sam001 | - 20 - | LRB099 06116 RLC 35817 a |
|
| 1 | | any wildlife physically on or flying over the property of | 2 | | another without first obtaining permission from
the owner or | 3 | | the owner's designee. For the purposes of this Section, the | 4 | | owner's designee means anyone who the owner designates in a | 5 | | written authorization and the authorization must contain (i) | 6 | | the legal or common description of property for such authority | 7 | | is given, (ii) the extent that the owner's designee is | 8 | | authorized to make decisions regarding who is allowed to take | 9 | | or attempt to take any species of wildlife or parts thereof, | 10 | | and (iii) the owner's notarized signature. Before enforcing | 11 | | this
Section the law enforcement officer must have received | 12 | | notice from the
owner or the owner's designee of a violation of | 13 | | this Section. Statements made to the
law enforcement officer | 14 | | regarding this notice shall not be rendered
inadmissible by the | 15 | | hearsay rule when offered for the purpose of showing the
| 16 | | required notice.
| 17 | | (u) It is unlawful for any person to discharge any firearm | 18 | | for the purpose
of taking any of the species protected by this | 19 | | Act, or hunt with gun or
dog, or intentionally or wantonly | 20 | | allow a dog to hunt, within 300 yards of an inhabited dwelling | 21 | | without
first obtaining permission from the owner or tenant, | 22 | | except that while
trapping, hunting with bow and arrow, hunting | 23 | | with dog and shotgun using shot
shells only, or hunting with | 24 | | shotgun using shot shells only, or providing outfitting | 25 | | services under a waterfowl outfitter permit, or
on licensed | 26 | | game breeding and hunting preserve areas, as defined in Section
|
| | | 09900SB0803sam001 | - 21 - | LRB099 06116 RLC 35817 a |
|
| 1 | | 3.27, on
federally owned and managed lands and on Department | 2 | | owned, managed, leased, or
controlled lands, a 100 yard | 3 | | restriction shall apply.
| 4 | | (v) It is unlawful for any person to remove fur-bearing | 5 | | mammals from, or
to move or disturb in any manner, the traps | 6 | | owned by another person without
written authorization of the | 7 | | owner to do so.
| 8 | | (w) It is unlawful for any owner of a dog to knowingly or | 9 | | wantonly allow
his or her dog to pursue, harass or kill deer, | 10 | | except that nothing in this Section shall prohibit the tracking | 11 | | of wounded deer with a dog in accordance with the provisions of | 12 | | Section 2.26 of this Code.
| 13 | | (x) It is unlawful for any person to wantonly or carelessly | 14 | | injure
or destroy, in any manner whatsoever, any real or | 15 | | personal property on
the land of another while engaged in | 16 | | hunting or trapping thereon.
| 17 | | (y) It is unlawful to hunt wild game protected by this Act | 18 | | between one
half hour after sunset and one half hour before | 19 | | sunrise, except that
hunting hours between one half hour after | 20 | | sunset and one half hour
before sunrise may be established by | 21 | | administrative rule for fur-bearing
mammals.
| 22 | | (z) It is unlawful to take any game bird (excluding wild | 23 | | turkeys and
crippled pheasants not capable of normal flight and | 24 | | otherwise irretrievable)
protected by this Act when not flying. | 25 | | Nothing in this Section shall prohibit
a person from carrying | 26 | | an uncased, unloaded shotgun in a boat, while in pursuit
of a |
| | | 09900SB0803sam001 | - 22 - | LRB099 06116 RLC 35817 a |
|
| 1 | | crippled migratory waterfowl that is incapable of normal | 2 | | flight, for the
purpose of attempting to reduce the migratory | 3 | | waterfowl to possession, provided
that the attempt is made | 4 | | immediately upon downing the migratory waterfowl and
is done | 5 | | within 400 yards of the blind from which the migratory | 6 | | waterfowl was
downed. This exception shall apply only to | 7 | | migratory game birds that are not
capable of normal flight. | 8 | | Migratory waterfowl that are crippled may be taken
only with a | 9 | | shotgun as regulated by subsection (j) of this Section using
| 10 | | shotgun shells as regulated in subsection (k) of this Section.
| 11 | | (aa) It is unlawful to use or possess any device that may | 12 | | be used for
tree climbing or cutting, while hunting fur-bearing | 13 | | mammals, excluding coyotes.
| 14 | | (bb) It is unlawful for any person, except licensed game | 15 | | breeders,
pursuant to Section 2.29 to import, carry into, or | 16 | | possess alive in this
State any species of wildlife taken | 17 | | outside of this State, without
obtaining permission to do so | 18 | | from the Director.
| 19 | | (cc) It is unlawful for any person to have in his or her
| 20 | | possession any freshly killed species protected by this Act | 21 | | during the season
closed for taking.
| 22 | | (dd) It is unlawful to take any species protected by this | 23 | | Act and retain
it alive except as provided by administrative | 24 | | rule.
| 25 | | (ee) It is unlawful to possess any rifle while in the field | 26 | | during gun
deer season except as provided in Section 2.26 and |
| | | 09900SB0803sam001 | - 23 - | LRB099 06116 RLC 35817 a |
|
| 1 | | administrative rules.
| 2 | | (ff) It is unlawful for any person to take any species | 3 | | protected by
this Act, except migratory waterfowl, during the | 4 | | gun deer hunting season in
those counties open to gun deer | 5 | | hunting, unless he or she wears, when in
the field, a cap and | 6 | | upper outer garment of a solid blaze orange color, with
such | 7 | | articles of clothing displaying a minimum of 400 square inches | 8 | | of
blaze orange material.
| 9 | | (gg) It is unlawful during the upland game season for any | 10 | | person to take
upland game with a firearm unless he or she | 11 | | wears, while in the field, a
cap of solid blaze orange color. | 12 | | For purposes of this Act, upland game is
defined as Bobwhite | 13 | | Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
| 14 | | Cottontail and Swamp Rabbit.
| 15 | | (hh) It shall be unlawful to kill or cripple any species | 16 | | protected by
this Act for which there is a bag limit without | 17 | | making a reasonable
effort to retrieve such species and include | 18 | | such in the bag limit. It shall be unlawful for any person | 19 | | having control over harvested game mammals, game birds, or | 20 | | migratory game birds for which there is a bag limit to wantonly | 21 | | waste or destroy the usable meat of the game, except this shall | 22 | | not apply to wildlife taken under Sections 2.37 or 3.22 of this | 23 | | Code. For purposes of this subsection, "usable meat" means the | 24 | | breast meat of a game bird or migratory game bird and the hind | 25 | | ham and front shoulders of a game mammal. It shall be unlawful | 26 | | for any person to place, leave, dump, or abandon a wildlife |
| | | 09900SB0803sam001 | - 24 - | LRB099 06116 RLC 35817 a |
|
| 1 | | carcass or parts of it along or upon a public right-of-way or | 2 | | highway or on public or private property, including a waterway | 3 | | or stream, without the permission of the owner or tenant. It | 4 | | shall not be unlawful to discard game meat that is determined | 5 | | to be unfit for human consumption.
| 6 | | (ii) This Section shall apply only to those species | 7 | | protected by this
Act taken within the State. Any species or | 8 | | any parts thereof, legally taken
in and transported from other | 9 | | states or countries, may be possessed
within the State, except | 10 | | as provided in this Section and Sections 2.35, 2.36
and 3.21.
| 11 | | (jj) (Blank).
| 12 | | (kk) Nothing contained in this Section shall prohibit the | 13 | | Director
from issuing permits to paraplegics or to other | 14 | | disabled persons who meet the
requirements set forth in | 15 | | administrative rule to shoot or hunt from a vehicle
as provided | 16 | | by that rule, provided that such is otherwise in accord with | 17 | | this
Act.
| 18 | | (ll) Nothing contained in this Act shall prohibit the | 19 | | taking of aquatic
life protected by the Fish and Aquatic Life | 20 | | Code or birds and mammals
protected by this Act, except deer | 21 | | and fur-bearing mammals, from a boat not
camouflaged or | 22 | | disguised to alter its identity or to further provide a place
| 23 | | of concealment and not propelled by sail or mechanical power. | 24 | | However, only
shotguns not larger than 10 gauge nor smaller | 25 | | than .410 bore loaded with not
more than 3 shells of a shot | 26 | | size no larger than lead BB or steel T (.20
diameter) may be |
| | | 09900SB0803sam001 | - 25 - | LRB099 06116 RLC 35817 a |
|
| 1 | | used to take species protected by this Act.
| 2 | | (mm) Nothing contained in this Act shall prohibit the use | 3 | | of a shotgun,
not larger than 10 gauge nor smaller than a 20 | 4 | | gauge, with a rifled barrel.
| 5 | | (nn) It shall be unlawful to possess any species of | 6 | | wildlife or wildlife parts taken unlawfully in Illinois, any | 7 | | other state, or any other country, whether or not the wildlife | 8 | | or wildlife parts is indigenous to Illinois. For the purposes | 9 | | of this subsection, the statute of limitations for unlawful | 10 | | possession of wildlife or wildlife parts shall not cease until | 11 | | 2 years after the possession has permanently ended. | 12 | | (Source: P.A. 97-645, eff. 12-30-11; 97-907, eff. 8-7-12; | 13 | | 98-119, eff. 1-1-14; 98-181, eff. 8-5-13; 98-183, eff. 1-1-14; | 14 | | 98-290, eff. 8-9-13; 98-756, eff. 7-16-14; 98-914, eff. | 15 | | 1-1-15 .)
| 16 | | (520 ILCS 5/2.33-2 new) | 17 | | Sec. 2.33-2. Use of silencers. | 18 | | (a) Notwithstanding any other provision of this Act, no | 19 | | person shall, carry, possess, transport or use a silencer, | 20 | | suppressor or other device to muffle or mute the sound of the | 21 | | explosion or report resulting from the firing of any gun for | 22 | | the taking of game, unless such silencer, suppressor, or device | 23 | | is in compliance with the National Firearms Act. | 24 | | (b) Any game animal regulated under this Act may be taken | 25 | | within its season with a silencer, suppressor, or device to |
| | | 09900SB0803sam001 | - 26 - | LRB099 06116 RLC 35817 a |
|
| 1 | | muffle or mute the sound of the explosion or report resulting | 2 | | from the firing of any gun. A silencer, suppressor, or device | 3 | | to muffle or mute the sound of the explosion or report | 4 | | resulting from the firing of any gun may be used when taking | 5 | | wildlife in accordance with Section 2.37 of this Act. | 6 | | Section 15. The Criminal Code of 2012 is amended by | 7 | | changing Sections 24-1, 24-1.1, 24-1.8, 24-2, 24-3, 24-3.5, | 8 | | 24-4.1, and 24-5 and by adding Section 2-23 as follows: | 9 | | (720 ILCS 5/2-23 new) | 10 | | Sec. 2-23. "Suppressor" or "silencer". "Suppressor" or | 11 | | "silencer" have the meaning ascribed to "suppressor" in Section | 12 | | 1.1 of the Firearm Owners Identification Card Act.
| 13 | | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
| 14 | | Sec. 24-1. Unlawful Use of Weapons.
| 15 | | (a) A person commits the offense of unlawful use of weapons | 16 | | when
he knowingly:
| 17 | | (1) Sells, manufactures, purchases, possesses or | 18 | | carries any bludgeon,
black-jack, slung-shot, sand-club, | 19 | | sand-bag, metal knuckles or other knuckle weapon | 20 | | regardless of its composition, throwing star,
or any knife, | 21 | | commonly referred to as a switchblade knife, which has a
| 22 | | blade that opens automatically by hand pressure applied to | 23 | | a button,
spring or other device in the handle of the |
| | | 09900SB0803sam001 | - 27 - | LRB099 06116 RLC 35817 a |
|
| 1 | | knife, or a ballistic knife,
which is a device that propels | 2 | | a knifelike blade as a projectile by means
of a coil | 3 | | spring, elastic material or compressed gas; or
| 4 | | (2) Carries or possesses with intent to use the same | 5 | | unlawfully
against another, a dagger, dirk, billy, | 6 | | dangerous knife, razor,
stiletto, broken bottle or other | 7 | | piece of glass, stun gun or taser or
any other dangerous or | 8 | | deadly weapon or instrument of like character; or
| 9 | | (3) Carries on or about his person or in any vehicle, a | 10 | | tear gas gun
projector or bomb or any object containing | 11 | | noxious liquid gas or
substance, other than an object | 12 | | containing a non-lethal noxious liquid gas
or substance | 13 | | designed solely for personal defense carried by a person 18
| 14 | | years of age or older; or
| 15 | | (4) Carries or possesses in any vehicle or concealed on | 16 | | or about his
person except when on his land or in his own | 17 | | abode, legal dwelling, or fixed place of
business, or on | 18 | | the land or in the legal dwelling of another person as an | 19 | | invitee with that person's permission, any pistol, | 20 | | revolver, stun gun or taser or other firearm, except
that
| 21 | | this subsection (a) (4) does not apply to or affect | 22 | | transportation of weapons
that meet one of the following | 23 | | conditions:
| 24 | | (i) are broken down in a non-functioning state; or
| 25 | | (ii) are not immediately accessible; or
| 26 | | (iii) are unloaded and enclosed in a case, firearm |
| | | 09900SB0803sam001 | - 28 - | LRB099 06116 RLC 35817 a |
|
| 1 | | carrying box,
shipping box, or other container by a | 2 | | person who has been issued a currently
valid Firearm | 3 | | Owner's
Identification Card; or
| 4 | | (5) Sets a spring gun; or
| 5 | | (6) Possesses any device or attachment of any kind | 6 | | designed, used , or
intended for use in silencing or | 7 | | suppressing the report of any firearm that is not in | 8 | | compliance with the National Firearms Act ; or
| 9 | | (7) Sells, manufactures, purchases, possesses or | 10 | | carries:
| 11 | | (i) a machine gun, which shall be defined for the | 12 | | purposes of this
subsection as any weapon,
which | 13 | | shoots, is designed to shoot, or can be readily | 14 | | restored to shoot,
automatically more than one shot | 15 | | without manually reloading by a single
function of the | 16 | | trigger, including the frame or receiver
of any such | 17 | | weapon, or sells, manufactures, purchases, possesses, | 18 | | or
carries any combination of parts designed or | 19 | | intended for
use in converting any weapon into a | 20 | | machine gun, or any combination or
parts from which a | 21 | | machine gun can be assembled if such parts are in the
| 22 | | possession or under the control of a person;
| 23 | | (ii) any rifle having one or
more barrels less than | 24 | | 16 inches in length or a shotgun having one or more
| 25 | | barrels less than 18 inches in length or any weapon | 26 | | made from a rifle or
shotgun, whether by alteration, |
| | | 09900SB0803sam001 | - 29 - | LRB099 06116 RLC 35817 a |
|
| 1 | | modification, or otherwise, if such a weapon
as | 2 | | modified has an overall length of less than 26 inches; | 3 | | or
| 4 | | (iii) any
bomb, bomb-shell, grenade, bottle or | 5 | | other container containing an
explosive substance of | 6 | | over one-quarter ounce for like purposes, such
as, but | 7 | | not limited to, black powder bombs and Molotov | 8 | | cocktails or
artillery projectiles; or
| 9 | | (8) Carries or possesses any firearm, stun gun or taser | 10 | | or other
deadly weapon in any place which is licensed to | 11 | | sell intoxicating
beverages, or at any public gathering | 12 | | held pursuant to a license issued
by any governmental body | 13 | | or any public gathering at which an admission
is charged, | 14 | | excluding a place where a showing, demonstration or lecture
| 15 | | involving the exhibition of unloaded firearms is | 16 | | conducted.
| 17 | | This subsection (a)(8) does not apply to any auction or | 18 | | raffle of a firearm
held pursuant to
a license or permit | 19 | | issued by a governmental body, nor does it apply to persons
| 20 | | engaged
in firearm safety training courses; or
| 21 | | (9) Carries or possesses in a vehicle or on or about | 22 | | his person any
pistol, revolver, stun gun or taser or | 23 | | firearm or ballistic knife, when
he is hooded, robed or | 24 | | masked in such manner as to conceal his identity; or
| 25 | | (10) Carries or possesses on or about his person, upon | 26 | | any public street,
alley, or other public lands within the |
| | | 09900SB0803sam001 | - 30 - | LRB099 06116 RLC 35817 a |
|
| 1 | | corporate limits of a city, village
or incorporated town, | 2 | | except when an invitee thereon or therein, for the
purpose | 3 | | of the display of such weapon or the lawful commerce in | 4 | | weapons, or
except when on his land or in his own abode, | 5 | | legal dwelling, or fixed place of business, or on the land | 6 | | or in the legal dwelling of another person as an invitee | 7 | | with that person's permission, any
pistol, revolver, stun | 8 | | gun or taser or other firearm, except that this
subsection | 9 | | (a) (10) does not apply to or affect transportation of | 10 | | weapons that
meet one of the following conditions:
| 11 | | (i) are broken down in a non-functioning state; or
| 12 | | (ii) are not immediately accessible; or
| 13 | | (iii) are unloaded and enclosed in a case, firearm | 14 | | carrying box,
shipping box, or other container by a | 15 | | person who has been issued a currently
valid Firearm | 16 | | Owner's
Identification Card.
| 17 | | A "stun gun or taser", as used in this paragraph (a) | 18 | | means (i) any device
which is powered by electrical | 19 | | charging units, such as, batteries, and
which fires one or | 20 | | several barbs attached to a length of wire and
which, upon | 21 | | hitting a human, can send out a current capable of | 22 | | disrupting
the person's nervous system in such a manner as | 23 | | to render him incapable of
normal functioning or (ii) any | 24 | | device which is powered by electrical
charging units, such | 25 | | as batteries, and which, upon contact with a human or
| 26 | | clothing worn by a human, can send out current capable of |
| | | 09900SB0803sam001 | - 31 - | LRB099 06116 RLC 35817 a |
|
| 1 | | disrupting
the person's nervous system in such a manner as | 2 | | to render him incapable
of normal functioning; or
| 3 | | (11) Sells, manufactures or purchases any explosive | 4 | | bullet. For purposes
of this paragraph (a) "explosive | 5 | | bullet" means the projectile portion of
an ammunition | 6 | | cartridge which contains or carries an explosive charge | 7 | | which
will explode upon contact with the flesh of a human | 8 | | or an animal.
"Cartridge" means a tubular metal case having | 9 | | a projectile affixed at the
front thereof and a cap or | 10 | | primer at the rear end thereof, with the
propellant | 11 | | contained in such tube between the projectile and the cap; | 12 | | or
| 13 | | (12) (Blank); or
| 14 | | (13) Carries or possesses on or about his or her person | 15 | | while in a building occupied by a unit of government, a | 16 | | billy club, other weapon of like character, or other | 17 | | instrument of like character intended for use as a weapon. | 18 | | For the purposes of this Section, "billy club" means a | 19 | | short stick or club commonly carried by police officers | 20 | | which is either telescopic or constructed of a solid piece | 21 | | of wood or other man-made material. | 22 | | (b) Sentence. A person convicted of a violation of | 23 | | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| 24 | | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | 25 | | Class A
misdemeanor.
A person convicted of a violation of | 26 | | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a |
| | | 09900SB0803sam001 | - 32 - | LRB099 06116 RLC 35817 a |
|
| 1 | | person
convicted of a violation of subsection 24-1(a)(6) or | 2 | | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | 3 | | convicted of a violation of subsection
24-1(a)(7)(i) commits a | 4 | | Class 2 felony and shall be sentenced to a term of imprisonment | 5 | | of not less than 3 years and not more than 7 years, unless the | 6 | | weapon is possessed in the
passenger compartment of a motor | 7 | | vehicle as defined in Section 1-146 of the
Illinois Vehicle | 8 | | Code, or on the person, while the weapon is loaded, in which
| 9 | | case it shall be a Class X felony. A person convicted of a
| 10 | | second or subsequent violation of subsection 24-1(a)(4), | 11 | | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 | 12 | | felony. The possession of each weapon in violation of this | 13 | | Section constitutes a single and separate violation.
| 14 | | (c) Violations in specific places.
| 15 | | (1) A person who violates subsection 24-1(a)(6) or | 16 | | 24-1(a)(7) in any
school, regardless of the time of day or | 17 | | the time of year, in residential
property owned, operated | 18 | | or managed by a public housing agency or
leased by
a public | 19 | | housing agency as part of a scattered site or mixed-income
| 20 | | development, in a
public park, in a courthouse, on the real | 21 | | property comprising any school,
regardless of the
time of | 22 | | day or the time of year, on residential property owned, | 23 | | operated
or
managed by a public housing agency
or leased by | 24 | | a public housing agency as part of a scattered site or
| 25 | | mixed-income development,
on the real property comprising | 26 | | any
public park, on the real property comprising any |
| | | 09900SB0803sam001 | - 33 - | LRB099 06116 RLC 35817 a |
|
| 1 | | courthouse, in any conveyance
owned, leased or contracted | 2 | | by a school to
transport students to or from school or a | 3 | | school related activity, in any conveyance
owned, leased, | 4 | | or contracted by a public transportation agency, or on any
| 5 | | public way within 1,000 feet of the real property | 6 | | comprising any school,
public park, courthouse, public | 7 | | transportation facility, or residential property owned, | 8 | | operated, or managed
by a public housing agency
or leased | 9 | | by a public housing agency as part of a scattered site or
| 10 | | mixed-income development
commits a Class 2 felony and shall | 11 | | be sentenced to a term of imprisonment of not less than 3 | 12 | | years and not more than 7 years.
| 13 | | (1.5) A person who violates subsection 24-1(a)(4), | 14 | | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | 15 | | time of day or the time of year,
in residential property | 16 | | owned, operated, or managed by a public
housing
agency
or | 17 | | leased by a public housing agency as part of a scattered | 18 | | site or
mixed-income development,
in
a public
park, in a | 19 | | courthouse, on the real property comprising any school, | 20 | | regardless
of the time of day or the time of year, on | 21 | | residential property owned,
operated, or managed by a | 22 | | public housing agency
or leased by a public housing agency | 23 | | as part of a scattered site or
mixed-income development,
on | 24 | | the real property
comprising any public park, on the real | 25 | | property comprising any courthouse, in
any conveyance | 26 | | owned, leased, or contracted by a school to transport |
| | | 09900SB0803sam001 | - 34 - | LRB099 06116 RLC 35817 a |
|
| 1 | | students
to or from school or a school related activity, in | 2 | | any conveyance
owned, leased, or contracted by a public | 3 | | transportation agency, or on any public way within
1,000 | 4 | | feet of the real property comprising any school, public | 5 | | park, courthouse,
public transportation facility, or | 6 | | residential property owned, operated, or managed by a | 7 | | public
housing agency
or leased by a public housing agency | 8 | | as part of a scattered site or
mixed-income development
| 9 | | commits a Class 3 felony.
| 10 | | (2) A person who violates subsection 24-1(a)(1), | 11 | | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | 12 | | time of day or the time of year, in
residential property | 13 | | owned, operated or managed by a public housing
agency
or | 14 | | leased by a public housing agency as part of a scattered | 15 | | site or
mixed-income development,
in
a public park, in a | 16 | | courthouse, on the real property comprising any school,
| 17 | | regardless of the time of day or the time of year, on | 18 | | residential property
owned, operated or managed by a public | 19 | | housing agency
or leased by a public housing agency as part | 20 | | of a scattered site or
mixed-income development,
on the | 21 | | real property
comprising any public park, on the real | 22 | | property comprising any courthouse, in
any conveyance | 23 | | owned, leased or contracted by a school to transport | 24 | | students
to or from school or a school related activity, in | 25 | | any conveyance
owned, leased, or contracted by a public | 26 | | transportation agency, or on any public way within
1,000 |
| | | 09900SB0803sam001 | - 35 - | LRB099 06116 RLC 35817 a |
|
| 1 | | feet of the real property comprising any school, public | 2 | | park, courthouse,
public transportation facility, or | 3 | | residential property owned, operated, or managed by a | 4 | | public
housing agency or leased by a public housing agency | 5 | | as part of a scattered
site or mixed-income development | 6 | | commits a Class 4 felony. "Courthouse"
means any building | 7 | | that is used by the Circuit, Appellate, or Supreme Court of
| 8 | | this State for the conduct of official business.
| 9 | | (3) Paragraphs (1), (1.5), and (2) of this subsection | 10 | | (c) shall not
apply to law
enforcement officers or security | 11 | | officers of such school, college, or
university or to | 12 | | students carrying or possessing firearms for use in | 13 | | training
courses, parades, hunting, target shooting on | 14 | | school ranges, or otherwise with
the consent of school | 15 | | authorities and which firearms are transported unloaded
| 16 | | enclosed in a suitable case, box, or transportation | 17 | | package.
| 18 | | (4) For the purposes of this subsection (c), "school" | 19 | | means any public or
private elementary or secondary school, | 20 | | community college, college, or
university.
| 21 | | (5) For the purposes of this subsection (c), "public | 22 | | transportation agency" means a public or private agency | 23 | | that provides for the transportation or conveyance of
| 24 | | persons by means available to the general public, except | 25 | | for transportation
by automobiles not used for conveyance | 26 | | of the general public as passengers; and "public |
| | | 09900SB0803sam001 | - 36 - | LRB099 06116 RLC 35817 a |
|
| 1 | | transportation facility" means a terminal or other place
| 2 | | where one may obtain public transportation.
| 3 | | (d) The presence in an automobile other than a public | 4 | | omnibus of any
weapon, instrument or substance referred to in | 5 | | subsection (a)(7) is
prima facie evidence that it is in the | 6 | | possession of, and is being
carried by, all persons occupying | 7 | | such automobile at the time such
weapon, instrument or | 8 | | substance is found, except under the following
circumstances: | 9 | | (i) if such weapon, instrument or instrumentality is
found upon | 10 | | the person of one of the occupants therein; or (ii) if such
| 11 | | weapon, instrument or substance is found in an automobile | 12 | | operated for
hire by a duly licensed driver in the due, lawful | 13 | | and proper pursuit of
his trade, then such presumption shall | 14 | | not apply to the driver.
| 15 | | (e) Exemptions. Crossbows, Common or Compound bows and | 16 | | Underwater
Spearguns are exempted from the definition of | 17 | | ballistic knife as defined in
paragraph (1) of subsection (a) | 18 | | of this Section.
| 19 | | (Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09; | 20 | | 95-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09; | 21 | | 96-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)
| 22 | | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
| 23 | | Sec. 24-1.1. Unlawful Use or Possession of Weapons by | 24 | | Felons or
Persons in the Custody of the
Department of | 25 | | Corrections Facilities. |
| | | 09900SB0803sam001 | - 37 - | LRB099 06116 RLC 35817 a |
|
| 1 | | (a) It is unlawful
for a person to knowingly possess on or | 2 | | about his person or on his land or
in his own abode or fixed | 3 | | place of business any weapon prohibited under
Section 24-1 of | 4 | | this Act or any firearm , or any firearm ammunition , or | 5 | | suppressor if the
person has been convicted of a felony under | 6 | | the laws of this State or any
other jurisdiction. This Section | 7 | | shall not apply if the person has been
granted relief by the | 8 | | Director of the Department of State Police
under Section 10 of | 9 | | the Firearm Owners Identification
Card Act.
| 10 | | (b) It is unlawful for any person confined in a penal | 11 | | institution,
which is a facility of the Illinois Department of | 12 | | Corrections, to possess
any weapon prohibited under Section | 13 | | 24-1 of this Code or any firearm , or
firearm ammunition, or | 14 | | suppressor, regardless of the intent with which he possesses | 15 | | it.
| 16 | | (c) It shall be an affirmative defense to a violation of | 17 | | subsection (b), that such possession was specifically | 18 | | authorized by rule,
regulation, or directive of the Illinois | 19 | | Department of Corrections or order
issued pursuant thereto.
| 20 | | (d) The defense of necessity is not available to a person | 21 | | who is charged
with a violation of subsection (b) of this | 22 | | Section.
| 23 | | (e) Sentence. Violation of this Section by a person not | 24 | | confined
in a penal institution shall be a Class 3 felony
for | 25 | | which the person shall be sentenced to no less than 2 years and | 26 | | no
more than 10 years and any second or subsequent violation |
| | | 09900SB0803sam001 | - 38 - | LRB099 06116 RLC 35817 a |
|
| 1 | | shall be a Class 2 felony for which the person shall be | 2 | | sentenced to a term of imprisonment of not less than 3 years | 3 | | and not more than 14 years. Violation of this Section by a | 4 | | person not confined in a
penal institution who has been | 5 | | convicted of a forcible felony, a felony
violation of Article | 6 | | 24 of this Code or of the Firearm Owners Identification
Card | 7 | | Act, stalking or aggravated stalking, or a Class 2 or greater | 8 | | felony
under the Illinois Controlled Substances Act, the | 9 | | Cannabis Control Act, or the Methamphetamine Control and | 10 | | Community Protection Act is a
Class 2 felony for which the | 11 | | person
shall be sentenced to not less than 3 years and not more | 12 | | than 14 years.
Violation of this Section by a person who is on | 13 | | parole or mandatory supervised
release is a Class 2 felony for | 14 | | which the person shall be sentenced to not less than 3 years | 15 | | and not more than 14
years. Violation of this Section by a | 16 | | person not confined in a penal
institution is a Class X felony | 17 | | when the firearm possessed is a machine gun.
Any person who | 18 | | violates this Section while confined in a penal
institution, | 19 | | which is a facility of the Illinois Department of
Corrections, | 20 | | is guilty of a Class 1
felony, if he possesses any weapon | 21 | | prohibited under Section 24-1 of this
Code regardless of the | 22 | | intent with which he possesses it, a Class X
felony if he | 23 | | possesses any firearm, firearm ammunition or explosive, and a
| 24 | | Class X felony for which the offender shall be sentenced to not | 25 | | less than 12
years and not more than 50 years when the firearm | 26 | | possessed is a machine
gun. A violation of this Section while |
| | | 09900SB0803sam001 | - 39 - | LRB099 06116 RLC 35817 a |
|
| 1 | | wearing or in possession of body armor as defined in Section | 2 | | 33F-1 is a Class X felony punishable by a term of imprisonment | 3 | | of not less than 10 years and not more than 40 years.
The | 4 | | possession of each firearm or firearm ammunition in violation | 5 | | of this Section constitutes a single and separate violation.
| 6 | | (Source: P.A. 97-237, eff. 1-1-12.)
| 7 | | (720 ILCS 5/24-1.8) | 8 | | Sec. 24-1.8. Unlawful possession of a firearm by a street | 9 | | gang member. | 10 | | (a) A person
commits unlawful possession of a firearm by a | 11 | | street gang member when he or she knowingly: | 12 | | (1) possesses, carries, or conceals on or about his or | 13 | | her person a firearm , and firearm ammunition , silencer, or | 14 | | suppressor while on any street, road, alley, gangway, | 15 | | sidewalk, or any other lands, except when inside his or her | 16 | | own abode or inside his or her fixed place of business, and | 17 | | has not been issued a currently valid Firearm Owner's | 18 | | Identification Card and is a member of a street gang; or | 19 | | (2) possesses or carries in any vehicle a firearm , and | 20 | | firearm ammunition , silencer, or suppressor which are both | 21 | | immediately accessible at the time of the offense while on | 22 | | any street, road, alley, or any other lands, except when | 23 | | inside his or her own abode or garage, and has not been | 24 | | issued a currently valid Firearm Owner's Identification | 25 | | Card and is a member of a street gang. |
| | | 09900SB0803sam001 | - 40 - | LRB099 06116 RLC 35817 a |
|
| 1 | | (b) Unlawful possession of a firearm by a street gang | 2 | | member is a Class 2 felony for which the person, if sentenced | 3 | | to a term of imprisonment, shall be sentenced to no less than 3 | 4 | | years and no more than 10 years. A period of probation, a term | 5 | | of periodic imprisonment or conditional discharge shall not be | 6 | | imposed for the offense of unlawful possession of a firearm by | 7 | | a street gang member when the firearm was loaded or contained | 8 | | firearm ammunition and the court shall sentence the offender to | 9 | | not less than the minimum term of imprisonment authorized for | 10 | | the Class 2 felony. | 11 | | (c) For purposes of this Section: | 12 | | "Street gang" or "gang" has the meaning ascribed to it | 13 | | in Section 10 of the Illinois Streetgang Terrorism Omnibus | 14 | | Prevention Act. | 15 | | "Street gang member" or "gang member" has the meaning | 16 | | ascribed to it in Section 10 of the Illinois Streetgang | 17 | | Terrorism Omnibus Prevention Act.
| 18 | | (Source: P.A. 96-829, eff. 12-3-09.)
| 19 | | (720 ILCS 5/24-2)
| 20 | | Sec. 24-2. Exemptions.
| 21 | | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | 22 | | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | 23 | | the following:
| 24 | | (1) Peace officers, and any person summoned by a peace | 25 | | officer to
assist in making arrests or preserving the |
| | | 09900SB0803sam001 | - 41 - | LRB099 06116 RLC 35817 a |
|
| 1 | | peace, while actually engaged in
assisting such officer.
| 2 | | (2) Wardens, superintendents and keepers of prisons,
| 3 | | penitentiaries, jails and other institutions for the | 4 | | detention of persons
accused or convicted of an offense, | 5 | | while in the performance of their
official duty, or while | 6 | | commuting between their homes and places of employment.
| 7 | | (3) Members of the Armed Services or Reserve Forces of | 8 | | the United States
or the Illinois National Guard or the | 9 | | Reserve Officers Training Corps,
while in the performance | 10 | | of their official duty.
| 11 | | (4) Special agents employed by a railroad or a public | 12 | | utility to
perform police functions, and guards of armored | 13 | | car companies, while
actually engaged in the performance of | 14 | | the duties of their employment or
commuting between their | 15 | | homes and places of employment; and watchmen
while actually | 16 | | engaged in the performance of the duties of their | 17 | | employment.
| 18 | | (5) Persons licensed as private security contractors, | 19 | | private
detectives, or private alarm contractors, or | 20 | | employed by an agency
certified by the Department of | 21 | | Financial and Professional Regulation, if their duties
| 22 | | include the carrying of a weapon under the provisions of | 23 | | the Private
Detective, Private Alarm,
Private Security, | 24 | | Fingerprint Vendor, and Locksmith Act of 2004,
while | 25 | | actually
engaged in the performance of the duties of their | 26 | | employment or commuting
between their homes and places of |
| | | 09900SB0803sam001 | - 42 - | LRB099 06116 RLC 35817 a |
|
| 1 | | employment, provided that such commuting
is accomplished | 2 | | within one hour from departure from home or place of
| 3 | | employment, as the case may be. A person shall be | 4 | | considered eligible for this
exemption if he or she has | 5 | | completed the required 20
hours of training for a private | 6 | | security contractor, private
detective, or private alarm | 7 | | contractor, or employee of a licensed agency and 20 hours | 8 | | of required firearm
training, and has been issued a firearm | 9 | | control card by
the Department of Financial and | 10 | | Professional Regulation. Conditions for the renewal of
| 11 | | firearm control cards issued under the provisions of this | 12 | | Section
shall be the same as for those cards issued under | 13 | | the provisions of the
Private Detective, Private Alarm,
| 14 | | Private Security, Fingerprint Vendor, and Locksmith Act of | 15 | | 2004. The
firearm control card shall be carried by the | 16 | | private security contractor, private
detective, or private | 17 | | alarm contractor, or employee of the licensed agency at all
| 18 | | times when he or she is in possession of a concealable | 19 | | weapon.
| 20 | | (6) Any person regularly employed in a commercial or | 21 | | industrial
operation as a security guard for the protection | 22 | | of persons employed
and private property related to such | 23 | | commercial or industrial
operation, while actually engaged | 24 | | in the performance of his or her
duty or traveling between | 25 | | sites or properties belonging to the
employer, and who, as | 26 | | a security guard, is a member of a security force of
at |
| | | 09900SB0803sam001 | - 43 - | LRB099 06116 RLC 35817 a |
|
| 1 | | least 5 persons registered with the Department of Financial | 2 | | and Professional
Regulation; provided that such security | 3 | | guard has successfully completed a
course of study, | 4 | | approved by and supervised by the Department of
Financial | 5 | | and Professional Regulation, consisting of not less than 40 | 6 | | hours of training
that includes the theory of law | 7 | | enforcement, liability for acts, and the
handling of | 8 | | weapons. A person shall be considered eligible for this
| 9 | | exemption if he or she has completed the required 20
hours | 10 | | of training for a security officer and 20 hours of required | 11 | | firearm
training, and has been issued a firearm control | 12 | | card by
the Department of Financial and Professional | 13 | | Regulation. Conditions for the renewal of
firearm control | 14 | | cards issued under the provisions of this Section
shall be | 15 | | the same as for those cards issued under the provisions of | 16 | | the
Private Detective, Private Alarm,
Private Security, | 17 | | Fingerprint Vendor, and Locksmith Act of 2004. The
firearm | 18 | | control card shall be carried by the security guard at all
| 19 | | times when he or she is in possession of a concealable | 20 | | weapon.
| 21 | | (7) Agents and investigators of the Illinois | 22 | | Legislative Investigating
Commission authorized by the | 23 | | Commission to carry the weapons specified in
subsections | 24 | | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| 25 | | any investigation for the Commission.
| 26 | | (8) Persons employed by a financial institution for the |
| | | 09900SB0803sam001 | - 44 - | LRB099 06116 RLC 35817 a |
|
| 1 | | protection of
other employees and property related to such | 2 | | financial institution, while
actually engaged in the | 3 | | performance of their duties, commuting between
their homes | 4 | | and places of employment, or traveling between sites or
| 5 | | properties owned or operated by such financial | 6 | | institution, provided that
any person so employed has | 7 | | successfully completed a course of study,
approved by and | 8 | | supervised by the Department of Financial and Professional | 9 | | Regulation,
consisting of not less than 40 hours of | 10 | | training which includes theory of
law enforcement, | 11 | | liability for acts, and the handling of weapons.
A person | 12 | | shall be considered to be eligible for this exemption if he | 13 | | or
she has completed the required 20 hours of training for | 14 | | a security officer
and 20 hours of required firearm | 15 | | training, and has been issued a
firearm control card by the | 16 | | Department of Financial and Professional Regulation.
| 17 | | Conditions for renewal of firearm control cards issued | 18 | | under the
provisions of this Section shall be the same as | 19 | | for those issued under the
provisions of the Private | 20 | | Detective, Private Alarm,
Private Security, Fingerprint | 21 | | Vendor, and Locksmith Act of 2004.
Such firearm control | 22 | | card shall be carried by the person so
trained at all times | 23 | | when such person is in possession of a concealable
weapon. | 24 | | For purposes of this subsection, "financial institution" | 25 | | means a
bank, savings and loan association, credit union or | 26 | | company providing
armored car services.
|
| | | 09900SB0803sam001 | - 45 - | LRB099 06116 RLC 35817 a |
|
| 1 | | (9) Any person employed by an armored car company to | 2 | | drive an armored
car, while actually engaged in the | 3 | | performance of his duties.
| 4 | | (10) Persons who have been classified as peace officers | 5 | | pursuant
to the Peace Officer Fire Investigation Act.
| 6 | | (11) Investigators of the Office of the State's | 7 | | Attorneys Appellate
Prosecutor authorized by the board of | 8 | | governors of the Office of the
State's Attorneys Appellate | 9 | | Prosecutor to carry weapons pursuant to
Section 7.06 of the | 10 | | State's Attorneys Appellate Prosecutor's Act.
| 11 | | (12) Special investigators appointed by a State's | 12 | | Attorney under
Section 3-9005 of the Counties Code.
| 13 | | (12.5) Probation officers while in the performance of | 14 | | their duties, or
while commuting between their homes, | 15 | | places of employment or specific locations
that are part of | 16 | | their assigned duties, with the consent of the chief judge | 17 | | of
the circuit for which they are employed, if they have | 18 | | received weapons training according
to requirements of the | 19 | | Peace Officer and Probation Officer Firearm Training Act.
| 20 | | (13) Court Security Officers while in the performance | 21 | | of their official
duties, or while commuting between their | 22 | | homes and places of employment, with
the
consent of the | 23 | | Sheriff.
| 24 | | (13.5) A person employed as an armed security guard at | 25 | | a nuclear energy,
storage, weapons or development site or | 26 | | facility regulated by the Nuclear
Regulatory Commission |
| | | 09900SB0803sam001 | - 46 - | LRB099 06116 RLC 35817 a |
|
| 1 | | who has completed the background screening and training
| 2 | | mandated by the rules and regulations of the Nuclear | 3 | | Regulatory Commission.
| 4 | | (14) Manufacture, transportation, or sale of weapons | 5 | | to
persons
authorized under subdivisions (1) through | 6 | | (13.5) of this
subsection
to
possess those weapons.
| 7 | | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | 8 | | to
or affect any person carrying a concealed pistol, revolver, | 9 | | or handgun and the person has been issued a currently valid | 10 | | license under the Firearm Concealed Carry Act at the time of | 11 | | the commission of the offense. | 12 | | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | 13 | | 24-1.6 do not
apply to or affect
any of the following:
| 14 | | (1) Members of any club or organization organized for | 15 | | the purpose of
practicing shooting at targets upon | 16 | | established target ranges, whether
public or private, and | 17 | | patrons of such ranges, while such members
or patrons are | 18 | | using their firearms on those target ranges.
| 19 | | (2) Duly authorized military or civil organizations | 20 | | while parading,
with the special permission of the | 21 | | Governor.
| 22 | | (3) Hunters, trappers or fishermen with a license or
| 23 | | permit while engaged in hunting,
trapping or fishing.
| 24 | | (4) Transportation of weapons that are broken down in a
| 25 | | non-functioning state or are not immediately accessible.
| 26 | | (5) Carrying or possessing any pistol, revolver, stun |
| | | 09900SB0803sam001 | - 47 - | LRB099 06116 RLC 35817 a |
|
| 1 | | gun or taser or other firearm on the land or in the legal | 2 | | dwelling of another person as an invitee with that person's | 3 | | permission. | 4 | | (c) Subsection 24-1(a)(7) does not apply to or affect any | 5 | | of the
following:
| 6 | | (1) Peace officers while in performance of their | 7 | | official duties.
| 8 | | (2) Wardens, superintendents and keepers of prisons, | 9 | | penitentiaries,
jails and other institutions for the | 10 | | detention of persons accused or
convicted of an offense.
| 11 | | (3) Members of the Armed Services or Reserve Forces of | 12 | | the United States
or the Illinois National Guard, while in | 13 | | the performance of their official
duty.
| 14 | | (4) Manufacture, transportation, or sale of machine | 15 | | guns to persons
authorized under subdivisions (1) through | 16 | | (3) of this subsection to
possess machine guns, if the | 17 | | machine guns are broken down in a
non-functioning state or | 18 | | are not immediately accessible.
| 19 | | (5) Persons licensed under federal law to manufacture | 20 | | any weapon from
which 8 or more shots or bullets can be | 21 | | discharged by a
single function of the firing device, or | 22 | | ammunition for such weapons, and
actually engaged in the | 23 | | business of manufacturing such weapons or
ammunition, but | 24 | | only with respect to activities which are within the lawful
| 25 | | scope of such business, such as the manufacture, | 26 | | transportation, or testing
of such weapons or ammunition. |
| | | 09900SB0803sam001 | - 48 - | LRB099 06116 RLC 35817 a |
|
| 1 | | This exemption does not authorize the
general private | 2 | | possession of any weapon from which 8 or more
shots or | 3 | | bullets can be discharged by a single function of the | 4 | | firing
device, but only such possession and activities as | 5 | | are within the lawful
scope of a licensed manufacturing | 6 | | business described in this paragraph.
| 7 | | During transportation, such weapons shall be broken | 8 | | down in a
non-functioning state or not immediately | 9 | | accessible.
| 10 | | (6) The manufacture, transport, testing, delivery, | 11 | | transfer or sale,
and all lawful commercial or experimental | 12 | | activities necessary thereto, of
rifles, shotguns, and | 13 | | weapons made from rifles or shotguns,
or ammunition for | 14 | | such rifles, shotguns or weapons, where engaged in
by a | 15 | | person operating as a contractor or subcontractor pursuant | 16 | | to a
contract or subcontract for the development and supply | 17 | | of such rifles,
shotguns, weapons or ammunition to the | 18 | | United States government or any
branch of the Armed Forces | 19 | | of the United States, when such activities are
necessary | 20 | | and incident to fulfilling the terms of such contract.
| 21 | | The exemption granted under this subdivision (c)(6)
| 22 | | shall also apply to any authorized agent of any such | 23 | | contractor or
subcontractor who is operating within the | 24 | | scope of his employment, where
such activities involving | 25 | | such weapon, weapons or ammunition are necessary
and | 26 | | incident to fulfilling the terms of such contract.
|
| | | 09900SB0803sam001 | - 49 - | LRB099 06116 RLC 35817 a |
|
| 1 | | (7) A person possessing a rifle with a barrel or | 2 | | barrels less than 16 inches in length if: (A) the person | 3 | | has been issued a Curios and Relics license from the U.S. | 4 | | Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) | 5 | | the person is an active member of a bona fide, nationally | 6 | | recognized military re-enacting group and the modification | 7 | | is required and necessary to accurately portray the weapon | 8 | | for historical re-enactment purposes; the re-enactor is in | 9 | | possession of a valid and current re-enacting group | 10 | | membership credential; and the overall length of the weapon | 11 | | as modified is not less than 26 inches. | 12 | | (d) Subsection 24-1(a)(1) does not apply to the purchase, | 13 | | possession
or carrying of a black-jack or slung-shot by a peace | 14 | | officer.
| 15 | | (e) Subsection 24-1(a)(8) does not apply to any owner, | 16 | | manager or
authorized employee of any place specified in that | 17 | | subsection nor to any
law enforcement officer.
| 18 | | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | 19 | | Section 24-1.6
do not apply
to members of any club or | 20 | | organization organized for the purpose of practicing
shooting | 21 | | at targets upon established target ranges, whether public or | 22 | | private,
while using their firearms on those target ranges.
| 23 | | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | 24 | | to:
| 25 | | (1) Members of the Armed Services or Reserve Forces of | 26 | | the United
States or the Illinois National Guard, while in |
| | | 09900SB0803sam001 | - 50 - | LRB099 06116 RLC 35817 a |
|
| 1 | | the performance of their
official duty.
| 2 | | (2) Bonafide collectors of antique or surplus military | 3 | | ordinance.
| 4 | | (3) Laboratories having a department of forensic | 5 | | ballistics, or
specializing in the development of | 6 | | ammunition or explosive ordinance.
| 7 | | (4) Commerce, preparation, assembly or possession of | 8 | | explosive
bullets by manufacturers of ammunition licensed | 9 | | by the federal government,
in connection with the supply of | 10 | | those organizations and persons exempted
by subdivision | 11 | | (g)(1) of this Section, or like organizations and persons
| 12 | | outside this State, or the transportation of explosive | 13 | | bullets to any
organization or person exempted in this | 14 | | Section by a common carrier or by a
vehicle owned or leased | 15 | | by an exempted manufacturer.
| 16 | | (g-5) Subsection 24-1(a)(6) does not apply to or affect any | 17 | | person, agency, manufacturer, dealer, federal firearms | 18 | | licensee, or trust that is in compliance with the National | 19 | | Firearms Act. persons licensed
under federal law to manufacture | 20 | | any device or attachment of any kind designed,
used, or | 21 | | intended for use in silencing the report of any firearm, | 22 | | firearms, or
ammunition
for those firearms equipped with those | 23 | | devices, and actually engaged in the
business of manufacturing | 24 | | those devices, firearms, or ammunition, but only with
respect | 25 | | to
activities that are within the lawful scope of that | 26 | | business, such as the
manufacture, transportation, or testing |
| | | 09900SB0803sam001 | - 51 - | LRB099 06116 RLC 35817 a |
|
| 1 | | of those devices, firearms, or
ammunition. This
exemption does | 2 | | not authorize the general private possession of any device or
| 3 | | attachment of any kind designed, used, or intended for use in | 4 | | silencing the
report of any firearm, but only such possession | 5 | | and activities as are within
the
lawful scope of a licensed | 6 | | manufacturing business described in this subsection
(g-5). | 7 | | During transportation, these devices shall be detached from any | 8 | | weapon
or
not immediately accessible.
| 9 | | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| 10 | | 24-1.6 do not apply to
or affect any parole agent or parole | 11 | | supervisor who meets the qualifications and conditions | 12 | | prescribed in Section 3-14-1.5 of the Unified Code of | 13 | | Corrections. | 14 | | (g-7) Subsection 24-1(a)(6) does not apply to any law | 15 | | enforcement agency that has adopted guidelines for the use of | 16 | | suppressors or silencers by their employees while on duty. a | 17 | | peace officer while serving as a member of a tactical response | 18 | | team or special operations team. A peace officer may not | 19 | | personally own or apply for ownership of a device or attachment | 20 | | of any kind designed, used, or intended for use in silencing | 21 | | the report of any firearm. These devices shall be owned and | 22 | | maintained by lawfully recognized units of government whose | 23 | | duties include the investigation of criminal acts. | 24 | | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and | 25 | | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | 26 | | athlete's possession, transport on official Olympic and |
| | | 09900SB0803sam001 | - 52 - | LRB099 06116 RLC 35817 a |
|
| 1 | | Paralympic transit systems established for athletes, or use of | 2 | | competition firearms sanctioned by the International Olympic | 3 | | Committee, the International Paralympic Committee, the | 4 | | International Shooting Sport Federation, or USA Shooting in | 5 | | connection with such athlete's training for and participation | 6 | | in shooting competitions at the 2016 Olympic and Paralympic | 7 | | Games and sanctioned test events leading up to the 2016 Olympic | 8 | | and Paralympic Games. | 9 | | (h) An information or indictment based upon a violation of | 10 | | any
subsection of this Article need not negative any exemptions | 11 | | contained in
this Article. The defendant shall have the burden | 12 | | of proving such an
exemption.
| 13 | | (i) Nothing in this Article shall prohibit, apply to, or | 14 | | affect
the transportation, carrying, or possession, of any | 15 | | pistol or revolver,
stun gun, taser, or other firearm consigned | 16 | | to a common carrier operating
under license of the State of | 17 | | Illinois or the federal government, where
such transportation, | 18 | | carrying, or possession is incident to the lawful
| 19 | | transportation in which such common carrier is engaged; and | 20 | | nothing in this
Article shall prohibit, apply to, or affect the | 21 | | transportation, carrying,
or possession of any pistol, | 22 | | revolver, stun gun, taser, or other firearm,
not the subject of | 23 | | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | 24 | | this Article, which is unloaded and enclosed in a case, firearm
| 25 | | carrying box, shipping box, or other container, by the | 26 | | possessor of a valid
Firearm Owners Identification Card.
|
| | | 09900SB0803sam001 | - 53 - | LRB099 06116 RLC 35817 a |
|
| 1 | | (Source: P.A. 97-465, eff. 8-22-11; 97-676, eff. 6-1-12; | 2 | | 97-936, eff. 1-1-13; 97-1010, eff. 1-1-13; 98-63, eff. 7-9-13; | 3 | | 98-463, eff. 8-16-13; 98-725, eff. 1-1-15 .)
| 4 | | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| 5 | | Sec. 24-3. Unlawful sale or delivery of firearms.
| 6 | | (A) A person commits the offense of unlawful sale or | 7 | | delivery of firearms when he
or she knowingly does any of the | 8 | | following:
| 9 | | (a) Sells or gives any firearm of a size which may be | 10 | | concealed upon the
person to any person under 18 years of | 11 | | age.
| 12 | | (b) Sells or gives any firearm to a person under 21 | 13 | | years of age who has
been convicted of a misdemeanor other | 14 | | than a traffic offense or adjudged
delinquent.
| 15 | | (c) Sells or gives any firearm to any narcotic addict.
| 16 | | (d) Sells or gives any firearm to any person who has | 17 | | been convicted of a
felony under the laws of this or any | 18 | | other jurisdiction.
| 19 | | (e) Sells or gives any firearm to any person who has | 20 | | been a patient in a
mental institution within the past 5 | 21 | | years. In this subsection (e): | 22 | | "Mental institution" means any hospital, | 23 | | institution, clinic, evaluation facility, mental | 24 | | health center, or part thereof, which is used primarily | 25 | | for the care or treatment of persons with mental |
| | | 09900SB0803sam001 | - 54 - | LRB099 06116 RLC 35817 a |
|
| 1 | | illness. | 2 | | "Patient in a mental institution" means the person | 3 | | was admitted, either voluntarily or involuntarily, to | 4 | | a mental institution for mental health treatment, | 5 | | unless the treatment was voluntary and solely for an | 6 | | alcohol abuse disorder and no other secondary | 7 | | substance abuse disorder or mental illness.
| 8 | | (f) Sells or gives any firearms to any person who is | 9 | | intellectually disabled.
| 10 | | (g) Delivers any firearm of a size which may be | 11 | | concealed upon the
person, incidental to a sale, without | 12 | | withholding delivery of such firearm
for at least 72 hours | 13 | | after application for its purchase has been made, or
| 14 | | delivers any rifle, shotgun or other long gun, or a stun | 15 | | gun or taser, incidental to a sale,
without withholding | 16 | | delivery of such rifle, shotgun or other long gun, or a | 17 | | stun gun or taser for
at least 24 hours after application | 18 | | for its purchase has been made.
However,
this paragraph (g) | 19 | | does not apply to: (1) the sale of a firearm
to a law | 20 | | enforcement officer if the seller of the firearm knows that | 21 | | the person to whom he or she is selling the firearm is a | 22 | | law enforcement officer or the sale of a firearm to a | 23 | | person who desires to purchase a firearm for
use in | 24 | | promoting the public interest incident to his or her | 25 | | employment as a
bank guard, armed truck guard, or other | 26 | | similar employment; (2) a mail
order sale of a firearm to a |
| | | 09900SB0803sam001 | - 55 - | LRB099 06116 RLC 35817 a |
|
| 1 | | nonresident of Illinois under which the firearm
is mailed | 2 | | to a point outside the boundaries of Illinois; (3) the sale
| 3 | | of a firearm to a nonresident of Illinois while at a | 4 | | firearm showing or display
recognized by the Illinois | 5 | | Department of State Police; or (4) the sale of a
firearm to | 6 | | a dealer licensed as a federal firearms dealer under | 7 | | Section 923
of the federal Gun Control Act of 1968 (18 | 8 | | U.S.C. 923). For purposes of this paragraph (g), | 9 | | "application" means when the buyer and seller reach an | 10 | | agreement to purchase a firearm.
| 11 | | (h) While holding any license
as a dealer,
importer, | 12 | | manufacturer or pawnbroker
under the federal Gun Control | 13 | | Act of 1968,
manufactures, sells or delivers to any | 14 | | unlicensed person a handgun having
a barrel, slide, frame | 15 | | or receiver which is a die casting of zinc alloy or
any | 16 | | other nonhomogeneous metal which will melt or deform at a | 17 | | temperature
of less than 800 degrees Fahrenheit. For | 18 | | purposes of this paragraph, (1)
"firearm" is defined as in | 19 | | the Firearm Owners Identification Card Act; and (2)
| 20 | | "handgun" is defined as a firearm designed to be held
and | 21 | | fired by the use of a single hand, and includes a | 22 | | combination of parts from
which such a firearm can be | 23 | | assembled.
| 24 | | (i) Sells or gives a firearm of any size to any person | 25 | | under 18 years of
age who does not possess a valid Firearm | 26 | | Owner's Identification Card.
|
| | | 09900SB0803sam001 | - 56 - | LRB099 06116 RLC 35817 a |
|
| 1 | | (j) Sells or gives a firearm while engaged in the | 2 | | business of selling
firearms at wholesale or retail without | 3 | | being licensed as a federal firearms
dealer under Section | 4 | | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | 5 | | In this paragraph (j):
| 6 | | A person "engaged in the business" means a person who | 7 | | devotes time,
attention, and
labor to
engaging in the | 8 | | activity as a regular course of trade or business with the
| 9 | | principal objective of livelihood and profit, but does not | 10 | | include a person who
makes occasional repairs of firearms | 11 | | or who occasionally fits special barrels,
stocks, or | 12 | | trigger mechanisms to firearms.
| 13 | | "With the principal objective of livelihood and | 14 | | profit" means that the
intent
underlying the sale or | 15 | | disposition of firearms is predominantly one of
obtaining | 16 | | livelihood and pecuniary gain, as opposed to other intents, | 17 | | such as
improving or liquidating a personal firearms | 18 | | collection; however, proof of
profit shall not be required | 19 | | as to a person who engages in the regular and
repetitive | 20 | | purchase and disposition of firearms for criminal purposes | 21 | | or
terrorism.
| 22 | | (k) Sells or transfers ownership of a firearm to a | 23 | | person who does not display to the seller or transferor of | 24 | | the firearm a currently valid Firearm Owner's | 25 | | Identification Card that has previously been issued in the | 26 | | transferee's name by the Department of State Police under |
| | | 09900SB0803sam001 | - 57 - | LRB099 06116 RLC 35817 a |
|
| 1 | | the provisions of the Firearm Owners Identification Card | 2 | | Act. This paragraph (k) does not apply to the transfer of a | 3 | | firearm to a person who is exempt from the requirement of | 4 | | possessing a Firearm Owner's Identification Card under | 5 | | Section 2 of the Firearm Owners Identification Card Act. | 6 | | For the purposes of this Section, a currently valid Firearm | 7 | | Owner's Identification Card means (i) a Firearm Owner's | 8 | | Identification Card that has not expired or (ii) an | 9 | | approval number issued in accordance with subsection | 10 | | (a-10) of subsection 3 or Section 3.1 of the Firearm Owners | 11 | | Identification Card Act shall be proof that the Firearm | 12 | | Owner's Identification Card was valid. | 13 | | (1) In addition to the other requirements of this | 14 | | paragraph (k), all persons who are not federally | 15 | | licensed firearms dealers must also have complied with | 16 | | subsection (a-10) of Section 3 of the Firearm Owners | 17 | | Identification Card Act by determining the validity of | 18 | | a purchaser's Firearm Owner's Identification Card. | 19 | | (2) All sellers or transferors who have complied | 20 | | with the requirements of subparagraph (1) of this | 21 | | paragraph (k) shall not be liable for damages in any | 22 | | civil action arising from the use or misuse by the | 23 | | transferee of the firearm transferred, except for | 24 | | willful or wanton misconduct on the part of the seller | 25 | | or transferor. | 26 | | (l) Not
being entitled to the possession of a firearm, |
| | | 09900SB0803sam001 | - 58 - | LRB099 06116 RLC 35817 a |
|
| 1 | | delivers the
firearm, knowing it to have been stolen or | 2 | | converted. It may be inferred that
a person who possesses a | 3 | | firearm with knowledge that its serial number has
been | 4 | | removed or altered has knowledge that the firearm is stolen | 5 | | or converted. | 6 | | (m) Sells or gives a suppressor or silencer to a person | 7 | | not authorized to possess the suppressor or silencer under | 8 | | federal law. | 9 | | (B) Paragraph (h) of subsection (A) does not include | 10 | | firearms sold within 6
months after enactment of Public
Act | 11 | | 78-355 (approved August 21, 1973, effective October 1, 1973), | 12 | | nor is any
firearm legally owned or
possessed by any citizen or | 13 | | purchased by any citizen within 6 months after the
enactment of | 14 | | Public Act 78-355 subject
to confiscation or seizure under the | 15 | | provisions of that Public Act. Nothing in
Public Act 78-355 | 16 | | shall be construed to prohibit the gift or trade of
any firearm | 17 | | if that firearm was legally held or acquired within 6 months | 18 | | after
the enactment of that Public Act.
| 19 | | (C) Sentence.
| 20 | | (1) Any person convicted of unlawful sale or delivery | 21 | | of firearms in violation of
paragraph (c), (e), (f), (g), | 22 | | or (h) of subsection (A) commits a Class
4
felony.
| 23 | | (2) Any person convicted of unlawful sale or delivery | 24 | | of firearms in violation of
paragraph (b) or (i) of | 25 | | subsection (A) commits a Class 3 felony.
| 26 | | (3) Any person convicted of unlawful sale or delivery |
| | | 09900SB0803sam001 | - 59 - | LRB099 06116 RLC 35817 a |
|
| 1 | | of firearms in violation of
paragraph (a) or (m) of | 2 | | subsection (A) commits a Class 2 felony.
| 3 | | (4) Any person convicted of unlawful sale or delivery | 4 | | of firearms in violation of
paragraph (a), (b), or (i) of | 5 | | subsection (A) in any school, on the real
property | 6 | | comprising a school, within 1,000 feet of the real property | 7 | | comprising
a school, at a school related activity, or on or | 8 | | within 1,000 feet of any
conveyance owned, leased, or | 9 | | contracted by a school or school district to
transport | 10 | | students to or from school or a school related activity,
| 11 | | regardless of the time of day or time of year at which the | 12 | | offense
was committed, commits a Class 1 felony. Any person | 13 | | convicted of a second
or subsequent violation of unlawful | 14 | | sale or delivery of firearms in violation of paragraph
(a), | 15 | | (b), or (i) of subsection (A) in any school, on the real | 16 | | property
comprising a school, within 1,000 feet of the real | 17 | | property comprising a
school, at a school related activity, | 18 | | or on or within 1,000 feet of any
conveyance owned, leased, | 19 | | or contracted by a school or school district to
transport | 20 | | students to or from school or a school related activity,
| 21 | | regardless of the time of day or time of year at which the | 22 | | offense
was committed, commits a Class 1 felony for which | 23 | | the sentence shall be a
term of imprisonment of no less | 24 | | than 5 years and no more than 15 years.
| 25 | | (5) Any person convicted of unlawful sale or delivery | 26 | | of firearms in violation of
paragraph (a) or (i) of |
| | | 09900SB0803sam001 | - 60 - | LRB099 06116 RLC 35817 a |
|
| 1 | | subsection (A) in residential property owned,
operated, or | 2 | | managed by a public housing agency or leased by a public | 3 | | housing
agency as part of a scattered site or mixed-income | 4 | | development, in a public
park, in a
courthouse, on | 5 | | residential property owned, operated, or managed by a | 6 | | public
housing agency or leased by a public housing agency | 7 | | as part of a scattered site
or mixed-income development, on | 8 | | the real property comprising any public park,
on the real
| 9 | | property comprising any courthouse, or on any public way | 10 | | within 1,000 feet
of the real property comprising any | 11 | | public park, courthouse, or residential
property owned, | 12 | | operated, or managed by a public housing agency or leased | 13 | | by a
public housing agency as part of a scattered site or | 14 | | mixed-income development
commits a
Class 2 felony.
| 15 | | (6) Any person convicted of unlawful sale or delivery | 16 | | of firearms in violation of
paragraph (j) of subsection (A) | 17 | | commits a Class A misdemeanor. A second or
subsequent | 18 | | violation is a Class 4 felony. | 19 | | (7) Any person convicted of unlawful sale or delivery | 20 | | of firearms in violation of paragraph (k) of subsection (A) | 21 | | commits a Class 4 felony, except that a violation of | 22 | | subparagraph (1) of paragraph (k) of subsection (A) shall | 23 | | not be punishable as a crime or petty offense. A third or | 24 | | subsequent conviction for a violation of paragraph (k) of | 25 | | subsection (A) is a Class 1 felony.
| 26 | | (8) A person 18 years of age or older convicted of |
| | | 09900SB0803sam001 | - 61 - | LRB099 06116 RLC 35817 a |
|
| 1 | | unlawful sale or delivery of firearms in violation of | 2 | | paragraph (a) or (i) of subsection (A), when the firearm | 3 | | that was sold or given to another person under 18 years of | 4 | | age was used in the commission of or attempt to commit a | 5 | | forcible felony, shall be fined or imprisoned, or both, not | 6 | | to exceed the maximum provided for the most serious | 7 | | forcible felony so committed or attempted by the person | 8 | | under 18 years of age who was sold or given the firearm. | 9 | | (9) Any person convicted of unlawful sale or delivery | 10 | | of firearms in violation of
paragraph (d) of subsection (A) | 11 | | commits a Class 3 felony. | 12 | | (10) Any person convicted of unlawful sale or delivery | 13 | | of firearms in violation of paragraph (l) of subsection (A) | 14 | | commits a Class 2 felony if the delivery is of one firearm. | 15 | | Any person convicted of unlawful sale or delivery of | 16 | | firearms in violation of paragraph (l) of subsection (A) | 17 | | commits a Class 1 felony if the delivery is of not less | 18 | | than 2 and not more than 5 firearms at the
same time or | 19 | | within a one year period. Any person convicted of unlawful | 20 | | sale or delivery of firearms in violation of paragraph (l) | 21 | | of subsection (A) commits a Class X felony for which he or | 22 | | she shall be sentenced
to a term of imprisonment of not | 23 | | less than 6 years and not more than 30
years if the | 24 | | delivery is of not less than 6 and not more than 10 | 25 | | firearms at the
same time or within a 2 year period. Any | 26 | | person convicted of unlawful sale or delivery of firearms |
| | | 09900SB0803sam001 | - 62 - | LRB099 06116 RLC 35817 a |
|
| 1 | | in violation of paragraph (l) of subsection (A) commits a | 2 | | Class X felony for which he or she shall be sentenced
to a | 3 | | term of imprisonment of not less than 6 years and not more | 4 | | than 40
years if the delivery is of not less than 11 and | 5 | | not more than 20 firearms at the
same time or within a 3 | 6 | | year period. Any person convicted of unlawful sale or | 7 | | delivery of firearms in violation of paragraph (l) of | 8 | | subsection (A) commits a Class X felony for which he or she | 9 | | shall be sentenced
to a term of imprisonment of not less | 10 | | than 6 years and not more than 50
years if the delivery is | 11 | | of not less than 21 and not more than 30 firearms at the
| 12 | | same time or within a 4 year period. Any person convicted | 13 | | of unlawful sale or delivery of firearms in violation of | 14 | | paragraph (l) of subsection (A) commits a Class X felony | 15 | | for which he or she shall be sentenced
to a term of | 16 | | imprisonment of not less than 6 years and not more than 60
| 17 | | years if the delivery is of 31 or more firearms at the
same | 18 | | time or within a 5 year period. | 19 | | (D) For purposes of this Section:
| 20 | | "School" means a public or private elementary or secondary | 21 | | school,
community college, college, or university.
| 22 | | "School related activity" means any sporting, social, | 23 | | academic, or
other activity for which students' attendance or | 24 | | participation is sponsored,
organized, or funded in whole or in | 25 | | part by a school or school district.
| 26 | | (E) A prosecution for a violation of paragraph (k) of |
| | | 09900SB0803sam001 | - 63 - | LRB099 06116 RLC 35817 a |
|
| 1 | | subsection (A) of this Section may be commenced within 6 years | 2 | | after the commission of the offense. A prosecution for a | 3 | | violation of this Section other than paragraph (g) of | 4 | | subsection (A) of this Section may be commenced within 5 years | 5 | | after the commission of the offense defined in the particular | 6 | | paragraph.
| 7 | | (Source: P.A. 97-227, eff. 1-1-12; 97-347, eff. 1-1-12; 97-813, | 8 | | eff. 7-13-12; 97-1167, eff. 6-1-13; 98-508, eff. 8-19-13.)
| 9 | | (720 ILCS 5/24-3.5)
| 10 | | Sec. 24-3.5. Unlawful purchase of a firearm , silencer, or | 11 | | suppressor .
| 12 | | (a) For purposes of this Section,
"firearms transaction | 13 | | record form" means a form:
| 14 | | (1) executed by a transferee
of a firearm , silencer, or | 15 | | suppressor stating: (i) the transferee's name and address | 16 | | (including county
or similar political subdivision); (ii) | 17 | | whether the transferee is a citizen of
the United States;
| 18 | | (iii) the transferee's State of residence; and (iv) the | 19 | | date and place of
birth, height, weight, and race of the | 20 | | transferee; and
| 21 | | (2) on which the transferee certifies that he or she is | 22 | | not
prohibited by federal law from transporting or shipping | 23 | | a firearm
in interstate or foreign commerce or receiving a | 24 | | firearm that has been shipped
or transported in interstate | 25 | | or foreign commerce or possessing a firearm in or
affecting |
| | | 09900SB0803sam001 | - 64 - | LRB099 06116 RLC 35817 a |
|
| 1 | | commerce.
| 2 | | (b) A person commits the offense of unlawful purchase of a | 3 | | firearm , silencer, or suppressor who
knowingly purchases or | 4 | | attempts to purchase a
firearm with the intent to deliver that | 5 | | firearm , silencer, or suppressor to another person who
is | 6 | | prohibited by federal or State law from possessing a firearm , | 7 | | silencer, or suppressor .
| 8 | | (c) A person commits the offense of unlawful purchase of a | 9 | | firearm , silencer, or suppressor when he
or she, in purchasing | 10 | | or attempting to purchase a firearm , silencer, or suppressor , | 11 | | intentionally
provides false or
misleading information on a | 12 | | United States Department of the Treasury, Bureau of
Alcohol, | 13 | | Tobacco and Firearms firearms transaction record form.
| 14 | | (d) Exemption. It is not a violation of subsection (b) of | 15 | | this Section for a
person to make a gift or loan of a firearm to | 16 | | a
person who is not
prohibited by federal or State law from | 17 | | possessing a firearm
if the transfer of the firearm
is made in | 18 | | accordance with Section 3 of the Firearm Owners Identification | 19 | | Card
Act.
| 20 | | (e) Sentence.
| 21 | | (1) A person who commits the offense of unlawful | 22 | | purchase of a
firearm , silencer, or suppressor :
| 23 | | (A) is guilty of a Class 2 felony for purchasing or | 24 | | attempting to
purchase one firearm , silencer, or | 25 | | suppressor ;
| 26 | | (B) is guilty of a Class 1 felony for purchasing or |
| | | 09900SB0803sam001 | - 65 - | LRB099 06116 RLC 35817 a |
|
| 1 | | attempting to
purchase not less than 2
firearms , | 2 | | silencers, or suppressors, or any combination thereof, | 3 | | and not more than 5 firearms , silencers, or | 4 | | suppressors, or any combination thereof, at the same | 5 | | time or within a one
year period;
| 6 | | (C) is guilty of a Class X felony for which the | 7 | | offender shall be sentenced to a term of imprisonment | 8 | | of not less than 9 years and not more than 40 years for | 9 | | purchasing or attempting to
purchase not less than 6
| 10 | | firearms , silencers, or suppressors, or any | 11 | | combination thereof, at the same time or within a 2
| 12 | | year period.
| 13 | | (2) In addition to any other penalty that may be | 14 | | imposed for a violation
of this Section, the court may | 15 | | sentence a person convicted of a violation of
subsection | 16 | | (c) of this Section to a fine not to exceed $250,000 for | 17 | | each
violation.
| 18 | | (f) A prosecution for unlawful purchase of a firearm , | 19 | | silencer, or suppressor may be commenced within 6 years after | 20 | | the commission of the offense.
| 21 | | (Source: P.A. 95-882, eff. 1-1-09.)
| 22 | | (720 ILCS 5/24-4.1)
| 23 | | Sec. 24-4.1. Report of lost or stolen firearms , silencers, | 24 | | or suppressors .
| 25 | | (a) If a person who possesses a valid Firearm Owner's |
| | | 09900SB0803sam001 | - 66 - | LRB099 06116 RLC 35817 a |
|
| 1 | | Identification Card and who possesses or acquires a firearm , | 2 | | silencer, or suppressor thereafter loses the firearm , | 3 | | silencer, or suppressor , or if the firearm , silencer, or | 4 | | suppressor is stolen from the person, the person must report | 5 | | the loss or theft to the local law enforcement agency within 72 | 6 | | hours after obtaining knowledge of the loss or theft. | 7 | | (b) A law enforcement agency having jurisdiction shall take | 8 | | a written report and shall, as soon as practical, enter the | 9 | | firearm, silencer, or suppressor's firearm's serial number as | 10 | | stolen into the Law Enforcement Agencies Data System (LEADS). | 11 | | (c) A person shall not be in violation of this Section if: | 12 | | (1) the failure to report is due to an act of God, act | 13 | | of war, or inability of a law enforcement agency to receive | 14 | | the report; | 15 | | (2) the person is hospitalized, in a coma, or is | 16 | | otherwise seriously physically or mentally impaired as to | 17 | | prevent the person from reporting; or | 18 | | (3) the person's designee makes a report if the person | 19 | | is unable to make the report. | 20 | | (d) Sentence. A person who violates this Section is guilty | 21 | | of a petty offense for a first violation. A second or | 22 | | subsequent violation of this Section is a Class A misdemeanor.
| 23 | | (Source: P.A. 98-508, eff. 8-19-13.)
| 24 | | (720 ILCS 5/24-5) (from Ch. 38, par. 24-5)
| 25 | | Sec. 24-5. Defacing
identification marks of firearms , |
| | | 09900SB0803sam001 | - 67 - | LRB099 06116 RLC 35817 a |
|
| 1 | | silencers, or suppressors . | 2 | | (a) Any person who shall knowingly or intentionally change, | 3 | | alter,
remove or obliterate the name of
the importer's or | 4 | | manufacturer's serial number of
any firearm , silencer, or | 5 | | suppressor commits a Class 2 felony.
| 6 | | (b) A person who possesses any firearm , silencer, or | 7 | | suppressor upon which any such importer's or manufacturer's | 8 | | serial number has been
changed, altered, removed or obliterated | 9 | | commits a Class 3 felony.
| 10 | | (c) Nothing in this Section shall prevent a person from | 11 | | making repairs, replacement of parts, or other changes to a | 12 | | firearm if those repairs, replacement of parts, or changes | 13 | | cause the removal of the name of the maker, model, or other | 14 | | marks of identification other than the serial number on the | 15 | | firearm's frame or receiver. | 16 | | (d) A prosecution for a violation of this Section may be | 17 | | commenced within 6 years after the commission of the offense.
| 18 | | (Source: P.A. 93-906, eff. 8-11-04.)
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.".
|
|