Full Text of HB1468 100th General Assembly
HB1468enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by changing | 5 | | Section 24-3 and by adding Section 2-3.1 as follows: | 6 | | (720 ILCS 5/2-3.1 new) | 7 | | Sec. 2-3.1. Assault weapon. "Assault weapon" means: | 8 | | (1) any rifle which has a belt fed ammunition system or | 9 | | which has a detachable magazine capable of holding more than 10 | 10 | | rounds of ammunition; | 11 | | (2) a semi-automatic rifle that has the ability to accept a | 12 | | detachable magazine and has any of the following: | 13 | | (A) a folding or telescoping stock; or | 14 | | (B) a shroud that is attached to, or partially or | 15 | | completely encircles the barrel, and that permits the | 16 | | shooter to hold the firearm with the non-trigger hand | 17 | | without being burned; | 18 | | (3) a semi-automatic pistol that has the ability to accept | 19 | | a detachable magazine and has any of the following: | 20 | | (A) a folding or telescoping stock; | 21 | | (B) a shroud that is attached to, or partially or | 22 | | completely encircles the barrel, and that permits the | 23 | | shooter to hold the firearm with the non-trigger hand |
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| 1 | | without being burned; or | 2 | | (C) a manufactured weight of 50 ounces or more when the | 3 | | pistol is unloaded; | 4 | | (4) a semi-automatic rifle with a fixed magazine that has | 5 | | the capacity to accept more than 10 rounds of ammunition; or | 6 | | (5) a semi-automatic shotgun that has: | 7 | | (A) a folding or telescoping stock; and | 8 | | (B) contains its ammunition in a revolving cylinder; or | 9 | | (C) a fixed magazine capacity in excess of 5 rounds of | 10 | | ammunition, except as may be authorized under the Wildlife | 11 | | Code and excluding magazine extensions during the snow | 12 | | geese conservation order season; or | 13 | | (D) an ability to accept a detachable magazine of more | 14 | | than 5 rounds of ammunition; | 15 | | (6) a .50 caliber rifle centerfire rifle capable of firing | 16 | | a .50 caliber cartridge. The term does not include any antique | 17 | | firearm, any shotgun including a shotgun that has a rifle | 18 | | barrel, or any muzzle-loader which uses black powder for | 19 | | hunting or historical re-enactments. In this paragraph (6), | 20 | | ".50 caliber cartridge" means a cartridge in .50 BMG caliber, | 21 | | either by designation or actual measurement, that is capable of | 22 | | being fired from a centerfire rifle. The term ".50 caliber | 23 | | cartridge" does not include any memorabilia or display item | 24 | | that is filled with a permanent inert substance or that is | 25 | | otherwise permanently altered in a manner that prevents ready | 26 | | modification for use as live ammunition or shotgun ammunition |
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| 1 | | with a caliber measurement that is equal to or greater than .50 | 2 | | caliber. | 3 | | "Assault weapon" does not include: | 4 | | (1) any firearm that: | 5 | | (A) is manually operated by bolt, pump, lever, or slide | 6 | | action; | 7 | | (B) is an unserviceable firearm or has been made | 8 | | permanently inoperable; | 9 | | (C) is an antique firearm; | 10 | | (D) uses rimfire ammunition or cartridges;
or | 11 | | (E) has been excluded as an assault weapon in a | 12 | | Department of Natural Resources rule. The Department of | 13 | | Natural Resources shall have the authority to adopt rules | 14 | | to further define exclusions of assault weapon types under | 15 | | this Section, provided the make, model, and caliber of the | 16 | | firearm excluded has a viable application to hunting game | 17 | | and conforms to accepted hunting principles of fair chase. | 18 | | (2) any air rifle as defined in Section 24.8-0.1 of this | 19 | | Code. | 20 | | In this Section, "antique firearm" has the meaning ascribed to | 21 | | it in 18 U.S.C. 921 (a)(16).
| 22 | | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| 23 | | Sec. 24-3. Unlawful sale or delivery of firearms.
| 24 | | (A) A person commits the offense of unlawful sale or | 25 | | delivery of firearms when he
or she knowingly does any of the |
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| 1 | | following:
| 2 | | (a) Sells or gives any firearm of a size which may be | 3 | | concealed upon the
person to any person under 18 years of | 4 | | age.
| 5 | | (b) Sells or gives any firearm to a person under 21 | 6 | | years of age who has
been convicted of a misdemeanor other | 7 | | than a traffic offense or adjudged
delinquent.
| 8 | | (c) Sells or gives any firearm to any narcotic addict.
| 9 | | (d) Sells or gives any firearm to any person who has | 10 | | been convicted of a
felony under the laws of this or any | 11 | | other jurisdiction.
| 12 | | (e) Sells or gives any firearm to any person who has | 13 | | been a patient in a
mental institution within the past 5 | 14 | | years. In this subsection (e): | 15 | | "Mental institution" means any hospital, | 16 | | institution, clinic, evaluation facility, mental | 17 | | health center, or part thereof, which is used primarily | 18 | | for the care or treatment of persons with mental | 19 | | illness. | 20 | | "Patient in a mental institution" means the person | 21 | | was admitted, either voluntarily or involuntarily, to | 22 | | a mental institution for mental health treatment, | 23 | | unless the treatment was voluntary and solely for an | 24 | | alcohol abuse disorder and no other secondary | 25 | | substance abuse disorder or mental illness.
| 26 | | (f) Sells or gives any firearms to any person who is a |
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| 1 | | person with an intellectual disability.
| 2 | | (g) Delivers any firearm of a size which may be | 3 | | concealed upon the
person or assault weapon , incidental to | 4 | | a sale, without withholding delivery of the such firearm
or | 5 | | assault weapon for at least 72 hours after application for | 6 | | its purchase has been made, or
delivers any other rifle, | 7 | | shotgun , or other long gun, or a stun gun or taser, | 8 | | incidental to a sale,
without withholding delivery of the | 9 | | such rifle, shotgun , or other long gun, or a stun gun or | 10 | | taser for
at least 24 hours after application for its | 11 | | purchase has been made.
However,
this paragraph (g) does | 12 | | not apply to: (1) the sale of a firearm
to a law | 13 | | enforcement officer if the seller of the firearm knows that | 14 | | the person to whom he or she is selling the firearm is a | 15 | | law enforcement officer or the sale of a firearm to a | 16 | | person who desires to purchase a firearm for
use in | 17 | | promoting the public interest incident to his or her | 18 | | employment as a
bank guard, armed truck guard, or other | 19 | | similar employment; (2) a mail
order sale of a firearm from | 20 | | a federally licensed firearms dealer to a nonresident of | 21 | | Illinois under which the firearm
is mailed to a federally | 22 | | licensed firearms dealer outside the boundaries of | 23 | | Illinois; (3) the sale
of a firearm , which is not an | 24 | | assault weapon, to a nonresident of Illinois while at a | 25 | | firearm showing or display
recognized by the Illinois | 26 | | Department of State Police; (4) the sale of a
firearm to a |
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| 1 | | dealer licensed as a federal firearms dealer under Section | 2 | | 923
of the federal Gun Control Act of 1968 (18 U.S.C. 923); | 3 | | or (5) the transfer or sale of any rifle, shotgun, or other | 4 | | long gun to a resident registered competitor or attendee or | 5 | | non-resident registered competitor or attendee by any | 6 | | dealer licensed as a federal firearms dealer under Section | 7 | | 923 of the federal Gun Control Act of 1968 at competitive | 8 | | shooting events held at the World Shooting Complex | 9 | | sanctioned by a national governing body. For purposes of | 10 | | transfers or sales under subparagraph (5) of this paragraph | 11 | | (g), the Department of Natural Resources shall give notice | 12 | | to the Department of State Police at least 30 calendar days | 13 | | prior to any competitive shooting events at the World | 14 | | Shooting Complex sanctioned by a national governing body. | 15 | | The notification shall be made on a form prescribed by the | 16 | | Department of State Police. The sanctioning body shall | 17 | | provide a list of all registered competitors and attendees | 18 | | at least 24 hours before the events to the Department of | 19 | | State Police. Any changes to the list of registered | 20 | | competitors and attendees shall be forwarded to the | 21 | | Department of State Police as soon as practicable. The | 22 | | Department of State Police must destroy the list of | 23 | | registered competitors and attendees no later than 30 days | 24 | | after the date of the event. Nothing in this paragraph (g) | 25 | | relieves a federally licensed firearm dealer from the | 26 | | requirements of conducting a NICS background check through |
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| 1 | | the Illinois Point of Contact under 18 U.S.C. 922(t). For | 2 | | purposes of this paragraph (g), "application" means when | 3 | | the buyer and seller reach an agreement to purchase a | 4 | | firearm.
For purposes of this paragraph (g), "national | 5 | | governing body" means a group of persons who adopt rules | 6 | | and formulate policy on behalf of a national firearm | 7 | | sporting organization.
| 8 | | (h) While holding any license
as a dealer,
importer, | 9 | | manufacturer or pawnbroker
under the federal Gun Control | 10 | | Act of 1968,
manufactures, sells or delivers to any | 11 | | unlicensed person a handgun having
a barrel, slide, frame | 12 | | or receiver which is a die casting of zinc alloy or
any | 13 | | other nonhomogeneous metal which will melt or deform at a | 14 | | temperature
of less than 800 degrees Fahrenheit. For | 15 | | purposes of this paragraph, (1)
"firearm" is defined as in | 16 | | the Firearm Owners Identification Card Act; and (2)
| 17 | | "handgun" is defined as a firearm designed to be held
and | 18 | | fired by the use of a single hand, and includes a | 19 | | combination of parts from
which such a firearm can be | 20 | | assembled.
| 21 | | (i) Sells or gives a firearm of any size to any person | 22 | | under 18 years of
age who does not possess a valid Firearm | 23 | | Owner's Identification Card.
| 24 | | (j) Sells or gives a firearm while engaged in the | 25 | | business of selling
firearms at wholesale or retail without | 26 | | being licensed as a federal firearms
dealer under Section |
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| 1 | | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | 2 | | In this paragraph (j):
| 3 | | A person "engaged in the business" means a person who | 4 | | devotes time,
attention, and
labor to
engaging in the | 5 | | activity as a regular course of trade or business with the
| 6 | | principal objective of livelihood and profit, but does not | 7 | | include a person who
makes occasional repairs of firearms | 8 | | or who occasionally fits special barrels,
stocks, or | 9 | | trigger mechanisms to firearms.
| 10 | | "With the principal objective of livelihood and | 11 | | profit" means that the
intent
underlying the sale or | 12 | | disposition of firearms is predominantly one of
obtaining | 13 | | livelihood and pecuniary gain, as opposed to other intents, | 14 | | such as
improving or liquidating a personal firearms | 15 | | collection; however, proof of
profit shall not be required | 16 | | as to a person who engages in the regular and
repetitive | 17 | | purchase and disposition of firearms for criminal purposes | 18 | | or
terrorism.
| 19 | | (k) Sells or transfers ownership of a firearm to a | 20 | | person who does not display to the seller or transferor of | 21 | | the firearm either: (1) a currently valid Firearm Owner's | 22 | | Identification Card that has previously been issued in the | 23 | | transferee's name by the Department of State Police under | 24 | | the provisions of the Firearm Owners Identification Card | 25 | | Act; or (2) a currently valid license to carry a concealed | 26 | | firearm that has previously been issued in the transferee's |
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| 1 | | name by the
Department of State Police under the Firearm | 2 | | Concealed Carry Act. This paragraph (k) does not apply to | 3 | | the transfer of a firearm to a person who is exempt from | 4 | | the requirement of possessing a Firearm Owner's | 5 | | Identification Card under Section 2 of the Firearm Owners | 6 | | Identification Card Act. For the purposes of this Section, | 7 | | a currently valid Firearm Owner's Identification Card | 8 | | means (i) a Firearm Owner's Identification Card that has | 9 | | not expired or (ii) an approval number issued in accordance | 10 | | with subsection (a-10) of subsection 3 or Section 3.1 of | 11 | | the Firearm Owners Identification Card Act shall be proof | 12 | | that the Firearm 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, |
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| 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 | | (B) Paragraph (h) of subsection (A) does not include | 7 | | firearms sold within 6
months after enactment of Public
Act | 8 | | 78-355 (approved August 21, 1973, effective October 1, 1973), | 9 | | nor is any
firearm legally owned or
possessed by any citizen or | 10 | | purchased by any citizen within 6 months after the
enactment of | 11 | | Public Act 78-355 subject
to confiscation or seizure under the | 12 | | provisions of that Public Act. Nothing in
Public Act 78-355 | 13 | | shall be construed to prohibit the gift or trade of
any firearm | 14 | | if that firearm was legally held or acquired within 6 months | 15 | | after
the enactment of that Public Act.
| 16 | | (C) Sentence.
| 17 | | (1) Any person convicted of unlawful sale or delivery | 18 | | of firearms in violation of
paragraph (c), (e), (f), (g), | 19 | | or (h) of subsection (A) commits a Class
4
felony.
| 20 | | (2) Any person convicted of unlawful sale or delivery | 21 | | of firearms in violation of
paragraph (b) or (i) of | 22 | | subsection (A) commits a Class 3 felony.
| 23 | | (3) Any person convicted of unlawful sale or delivery | 24 | | of firearms in violation of
paragraph (a) of subsection (A) | 25 | | commits a Class 2 felony.
| 26 | | (4) Any person convicted of unlawful sale or delivery |
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| 1 | | of firearms in violation of
paragraph (a), (b), or (i) of | 2 | | subsection (A) in any school, on the real
property | 3 | | comprising a school, within 1,000 feet of the real property | 4 | | comprising
a school, at a school related activity, or on or | 5 | | within 1,000 feet of any
conveyance owned, leased, or | 6 | | contracted by a school or school district to
transport | 7 | | students to or from school or a school related activity,
| 8 | | regardless of the time of day or time of year at which the | 9 | | offense
was committed, commits a Class 1 felony. Any person | 10 | | convicted of a second
or subsequent violation of unlawful | 11 | | sale or delivery of firearms in violation of paragraph
(a), | 12 | | (b), or (i) of subsection (A) in any school, on the real | 13 | | property
comprising a school, within 1,000 feet of the real | 14 | | property comprising a
school, at a school related activity, | 15 | | or on or within 1,000 feet of any
conveyance owned, leased, | 16 | | or contracted by a school or school district to
transport | 17 | | students to or from school or a school related activity,
| 18 | | regardless of the time of day or time of year at which the | 19 | | offense
was committed, commits a Class 1 felony for which | 20 | | the sentence shall be a
term of imprisonment of no less | 21 | | than 5 years and no more than 15 years.
| 22 | | (5) Any person convicted of unlawful sale or delivery | 23 | | of firearms in violation of
paragraph (a) or (i) of | 24 | | subsection (A) in residential property owned,
operated, or | 25 | | managed by a public housing agency or leased by a public | 26 | | housing
agency as part of a scattered site or mixed-income |
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| 1 | | development, in a public
park, in a
courthouse, on | 2 | | residential property owned, operated, or managed by a | 3 | | public
housing agency or leased by a public housing agency | 4 | | as part of a scattered site
or mixed-income development, on | 5 | | the real property comprising any public park,
on the real
| 6 | | property comprising any courthouse, or on any public way | 7 | | within 1,000 feet
of the real property comprising any | 8 | | public park, courthouse, or residential
property owned, | 9 | | operated, or managed by a public housing agency or leased | 10 | | by a
public housing agency as part of a scattered site or | 11 | | mixed-income development
commits a
Class 2 felony.
| 12 | | (6) Any person convicted of unlawful sale or delivery | 13 | | of firearms in violation of
paragraph (j) of subsection (A) | 14 | | commits a Class A misdemeanor. A second or
subsequent | 15 | | violation is a Class 4 felony. | 16 | | (7) Any person convicted of unlawful sale or delivery | 17 | | of firearms in violation of paragraph (k) of subsection (A) | 18 | | commits a Class 4 felony, except that a violation of | 19 | | subparagraph (1) of paragraph (k) of subsection (A) shall | 20 | | not be punishable as a crime or petty offense. A third or | 21 | | subsequent conviction for a violation of paragraph (k) of | 22 | | subsection (A) is a Class 1 felony.
| 23 | | (8) A person 18 years of age or older convicted of | 24 | | unlawful sale or delivery of firearms in violation of | 25 | | paragraph (a) or (i) of subsection (A), when the firearm | 26 | | that was sold or given to another person under 18 years of |
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| 1 | | age was used in the commission of or attempt to commit a | 2 | | forcible felony, shall be fined or imprisoned, or both, not | 3 | | to exceed the maximum provided for the most serious | 4 | | forcible felony so committed or attempted by the person | 5 | | under 18 years of age who was sold or given the firearm. | 6 | | (9) Any person convicted of unlawful sale or delivery | 7 | | of firearms in violation of
paragraph (d) of subsection (A) | 8 | | commits a Class 3 felony. | 9 | | (10) Any person convicted of unlawful sale or delivery | 10 | | of firearms in violation of paragraph (l) of subsection (A) | 11 | | commits a Class 2 felony if the delivery is of one firearm. | 12 | | Any person convicted of unlawful sale or delivery of | 13 | | firearms in violation of paragraph (l) of subsection (A) | 14 | | commits a Class 1 felony if the delivery is of not less | 15 | | than 2 and not more than 5 firearms at the
same time or | 16 | | within a one year period. Any person convicted of unlawful | 17 | | sale or delivery of firearms in violation of paragraph (l) | 18 | | of subsection (A) commits a Class X felony for which he or | 19 | | she shall be sentenced
to a term of imprisonment of not | 20 | | less than 6 years and not more than 30
years if the | 21 | | delivery is of not less than 6 and not more than 10 | 22 | | firearms at the
same time or within a 2 year period. Any | 23 | | person convicted of unlawful sale or delivery of firearms | 24 | | in violation of paragraph (l) of subsection (A) commits a | 25 | | Class X felony for which he or she shall be sentenced
to a | 26 | | term of imprisonment of not less than 6 years and not more |
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| 1 | | than 40
years if the delivery is of not less than 11 and | 2 | | not more than 20 firearms at the
same time or within a 3 | 3 | | year period. Any person convicted of unlawful sale or | 4 | | delivery of firearms in violation of paragraph (l) of | 5 | | subsection (A) commits a Class X felony for which he or she | 6 | | shall be sentenced
to a term of imprisonment of not less | 7 | | than 6 years and not more than 50
years if the delivery is | 8 | | of not less than 21 and not more than 30 firearms at the
| 9 | | same time or within a 4 year period. Any person convicted | 10 | | of unlawful sale or delivery of firearms in violation of | 11 | | paragraph (l) of subsection (A) commits a Class X felony | 12 | | for which he or she shall be sentenced
to a term of | 13 | | imprisonment of not less than 6 years and not more than 60
| 14 | | years if the delivery is of 31 or more firearms at the
same | 15 | | time or within a 5 year period. | 16 | | (D) For purposes of this Section:
| 17 | | "School" means a public or private elementary or secondary | 18 | | school,
community college, college, or university.
| 19 | | "School related activity" means any sporting, social, | 20 | | academic, or
other activity for which students' attendance or | 21 | | participation is sponsored,
organized, or funded in whole or in | 22 | | part by a school or school district.
| 23 | | (E) A prosecution for a violation of paragraph (k) of | 24 | | subsection (A) of this Section may be commenced within 6 years | 25 | | after the commission of the offense. A prosecution for a | 26 | | violation of this Section other than paragraph (g) of |
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| 1 | | subsection (A) of this Section may be commenced within 5 years | 2 | | after the commission of the offense defined in the particular | 3 | | paragraph.
| 4 | | (Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15; | 5 | | 99-143, eff. 7-27-15; 99-642, eff. 7-28-16.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
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