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,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 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
9which has a detachable magazine capable of holding more than 10
10rounds of ammunition;
11    (2) a semi-automatic rifle that has the ability to accept a
12detachable 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
19a 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
5the 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
16a .50 caliber cartridge. The term does not include any antique
17firearm, any shotgun including a shotgun that has a rifle
18barrel, or any muzzle-loader which uses black powder for
19hunting or historical re-enactments. In this paragraph (6),
20".50 caliber cartridge" means a cartridge in .50 BMG caliber,
21either by designation or actual measurement, that is capable of
22being fired from a centerfire rifle. The term ".50 caliber
23cartridge" does not include any memorabilia or display item
24that is filled with a permanent inert substance or that is
25otherwise permanently altered in a manner that prevents ready
26modification for use as live ammunition or shotgun ammunition

 

 

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1with a caliber measurement that is equal to or greater than .50
2caliber.
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
19Code.
20In this Section, "antique firearm" has the meaning ascribed to
21it 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
25delivery of firearms when he or she knowingly does any of the

 

 

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1following:
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
7firearms sold within 6 months after enactment of Public Act
878-355 (approved August 21, 1973, effective October 1, 1973),
9nor is any firearm legally owned or possessed by any citizen or
10purchased by any citizen within 6 months after the enactment of
11Public Act 78-355 subject to confiscation or seizure under the
12provisions of that Public Act. Nothing in Public Act 78-355
13shall be construed to prohibit the gift or trade of any firearm
14if that firearm was legally held or acquired within 6 months
15after 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
18school, community college, college, or university.
19    "School related activity" means any sporting, social,
20academic, or other activity for which students' attendance or
21participation is sponsored, organized, or funded in whole or in
22part by a school or school district.
23    (E) A prosecution for a violation of paragraph (k) of
24subsection (A) of this Section may be commenced within 6 years
25after the commission of the offense. A prosecution for a
26violation of this Section other than paragraph (g) of

 

 

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1subsection (A) of this Section may be commenced within 5 years
2after the commission of the offense defined in the particular
3paragraph.
4(Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15;
599-143, eff. 7-27-15; 99-642, eff. 7-28-16.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.