Full Text of HB5234 101st General Assembly
HB5234 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB5234 Introduced , by Rep. Grant Wehrli SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/24-1 | from Ch. 38, par. 24-1 | 720 ILCS 5/24-1.1 | from Ch. 38, par. 24-1.1 | 720 ILCS 5/24-1.2 | from Ch. 38, par. 24-1.2 | 720 ILCS 5/24-1.2-5 | | 720 ILCS 5/24-1.5 | | 720 ILCS 5/24-1.6 | | 720 ILCS 5/24-1.8 | | 720 ILCS 5/24-3 | from Ch. 38, par. 24-3 | 720 ILCS 5/24-3.1 | from Ch. 38, par. 24-3.1 | 720 ILCS 5/24-3.3 | from Ch. 38, par. 24-3.3 | 720 ILCS 5/24-3.5 | | 720 ILCS 5/24-3.7 | | 720 ILCS 5/24-3.8 | | 720 ILCS 5/24-3.9 | | 720 ILCS 5/24-3A | | 720 ILCS 5/24-3B | | 720 ILCS 5/24-4.1 | | 720 ILCS 5/24-5 | from Ch. 38, par. 24-5 | 720 ILCS 5/24-9 | |
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Amends the Criminal Code of 2012. Enhances various penalties for firearm offenses by at least one class. Increases mandatory minimum and maximum terms of imprisonment for various firearm offenses.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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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 | | Sections 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.5, 24-1.6, | 6 | | 24-1.8, 24-3, 24-3.1, 24-3.3, 24-3.5, 24-3.7, 24-3.8, 24-3.9, | 7 | | 24-3A, 24-3B, 24-4.1, 24-5, and 24-9 as follows:
| 8 | | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
| 9 | | Sec. 24-1. Unlawful use of weapons.
| 10 | | (a) A person commits the offense of unlawful use of weapons | 11 | | when
he knowingly:
| 12 | | (1) Sells, manufactures, purchases, possesses or | 13 | | carries any bludgeon,
black-jack, slung-shot, sand-club, | 14 | | sand-bag, metal knuckles or other knuckle weapon | 15 | | regardless of its composition, throwing star,
or any knife, | 16 | | commonly referred to as a switchblade knife, which has a
| 17 | | blade that opens automatically by hand pressure applied to | 18 | | a button,
spring or other device in the handle of the | 19 | | knife, or a ballistic knife,
which is a device that propels | 20 | | a knifelike blade as a projectile by means
of a coil | 21 | | spring, elastic material or compressed gas; or
| 22 | | (2) Carries or possesses with intent to use the same | 23 | | unlawfully
against another, a dagger, dirk, billy, |
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| 1 | | dangerous knife, razor,
stiletto, broken bottle or other | 2 | | piece of glass, stun gun or taser or
any other dangerous or | 3 | | deadly weapon or instrument of like character; or
| 4 | | (2.5) Carries or possesses with intent to use the same | 5 | | unlawfully against another, any firearm in a church, | 6 | | synagogue, mosque, or other building, structure, or place | 7 | | used for religious worship; or | 8 | | (3) Carries on or about his person or in any vehicle, a | 9 | | tear gas gun
projector or bomb or any object containing | 10 | | noxious liquid gas or
substance, other than an object | 11 | | containing a non-lethal noxious liquid gas
or substance | 12 | | designed solely for personal defense carried by a person 18
| 13 | | years of age or older; or
| 14 | | (4) Carries or possesses in any vehicle or concealed on | 15 | | or about his
person except when on his land or in his own | 16 | | abode, legal dwelling, or fixed place of
business, or on | 17 | | the land or in the legal dwelling of another person as an | 18 | | invitee with that person's permission, any pistol, | 19 | | revolver, stun gun or taser or other firearm, except
that
| 20 | | this subsection (a) (4) does not apply to or affect | 21 | | transportation of weapons
that meet one of the following | 22 | | conditions:
| 23 | | (i) are broken down in a non-functioning state; or
| 24 | | (ii) are not immediately accessible; or
| 25 | | (iii) are unloaded and enclosed in a case, firearm | 26 | | carrying box,
shipping box, or other container by a |
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| 1 | | person who has been issued a currently
valid Firearm | 2 | | Owner's
Identification Card; or | 3 | | (iv) are carried or possessed in accordance with | 4 | | the Firearm Concealed Carry Act by a person who has | 5 | | been issued a currently valid license under the Firearm | 6 | | Concealed Carry Act; or
| 7 | | (5) Sets a spring gun; or
| 8 | | (6) Possesses any device or attachment of any kind | 9 | | designed, used or
intended for use in silencing the report | 10 | | of any firearm; or
| 11 | | (7) Sells, manufactures, purchases, possesses or | 12 | | carries:
| 13 | | (i) a machine gun, which shall be defined for the | 14 | | purposes of this
subsection as any weapon,
which | 15 | | shoots, is designed to shoot, or can be readily | 16 | | restored to shoot,
automatically more than one shot | 17 | | without manually reloading by a single
function of the | 18 | | trigger, including the frame or receiver
of any such | 19 | | weapon, or sells, manufactures, purchases, possesses, | 20 | | or
carries any combination of parts designed or | 21 | | intended for
use in converting any weapon into a | 22 | | machine gun, or any combination or
parts from which a | 23 | | machine gun can be assembled if such parts are in the
| 24 | | possession or under the control of a person;
| 25 | | (ii) any rifle having one or
more barrels less than | 26 | | 16 inches in length or a shotgun having one or more
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| 1 | | barrels less than 18 inches in length or any weapon | 2 | | made from a rifle or
shotgun, whether by alteration, | 3 | | modification, or otherwise, if such a weapon
as | 4 | | modified has an overall length of less than 26 inches; | 5 | | or
| 6 | | (iii) any
bomb, bomb-shell, grenade, bottle or | 7 | | other container containing an
explosive substance of | 8 | | over one-quarter ounce for like purposes, such
as, but | 9 | | not limited to, black powder bombs and Molotov | 10 | | cocktails or
artillery projectiles; or
| 11 | | (8) Carries or possesses any firearm, stun gun or taser | 12 | | or other
deadly weapon in any place which is licensed to | 13 | | sell intoxicating
beverages, or at any public gathering | 14 | | held pursuant to a license issued
by any governmental body | 15 | | or any public gathering at which an admission
is charged, | 16 | | excluding a place where a showing, demonstration or lecture
| 17 | | involving the exhibition of unloaded firearms is | 18 | | conducted.
| 19 | | This subsection (a)(8) does not apply to any auction or | 20 | | raffle of a firearm
held pursuant to
a license or permit | 21 | | issued by a governmental body, nor does it apply to persons
| 22 | | engaged
in firearm safety training courses; or
| 23 | | (9) Carries or possesses in a vehicle or on or about | 24 | | his or her person any
pistol, revolver, stun gun or taser | 25 | | or firearm or ballistic knife, when
he or she is hooded, | 26 | | robed or masked in such manner as to conceal his or her |
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| 1 | | identity; or
| 2 | | (10) Carries or possesses on or about his or her | 3 | | person, upon any public street,
alley, or other public | 4 | | lands within the corporate limits of a city, village,
or | 5 | | incorporated town, except when an invitee thereon or | 6 | | therein, for the
purpose of the display of such weapon or | 7 | | the lawful commerce in weapons, or
except when on his land | 8 | | or in his or her own abode, legal dwelling, or fixed place | 9 | | of business, or on the land or in the legal dwelling of | 10 | | another person as an invitee with that person's permission, | 11 | | any
pistol, revolver, stun gun, or taser or other firearm, | 12 | | except that this
subsection (a) (10) does not apply to or | 13 | | affect transportation of weapons that
meet one of the | 14 | | following conditions:
| 15 | | (i) are broken down in a non-functioning state; or
| 16 | | (ii) are not immediately accessible; or
| 17 | | (iii) are unloaded and enclosed in a case, firearm | 18 | | carrying box,
shipping box, or other container by a | 19 | | person who has been issued a currently
valid Firearm | 20 | | Owner's
Identification Card; or
| 21 | | (iv) are carried or possessed in accordance with | 22 | | the Firearm Concealed Carry Act by a person who has | 23 | | been issued a currently valid license under the Firearm | 24 | | Concealed Carry Act. | 25 | | A "stun gun or taser", as used in this paragraph (a) | 26 | | means (i) any device
which is powered by electrical |
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| 1 | | charging units, such as, batteries, and
which fires one or | 2 | | several barbs attached to a length of wire and
which, upon | 3 | | hitting a human, can send out a current capable of | 4 | | disrupting
the person's nervous system in such a manner as | 5 | | to render him incapable of
normal functioning or (ii) any | 6 | | device which is powered by electrical
charging units, such | 7 | | as batteries, and which, upon contact with a human or
| 8 | | clothing worn by a human, can send out current capable of | 9 | | disrupting
the person's nervous system in such a manner as | 10 | | to render him incapable
of normal functioning; or
| 11 | | (11) Sells, manufactures, or purchases any explosive | 12 | | bullet. For purposes
of this paragraph (a) "explosive | 13 | | bullet" means the projectile portion of
an ammunition | 14 | | cartridge which contains or carries an explosive charge | 15 | | which
will explode upon contact with the flesh of a human | 16 | | or an animal.
"Cartridge" means a tubular metal case having | 17 | | a projectile affixed at the
front thereof and a cap or | 18 | | primer at the rear end thereof, with the
propellant | 19 | | contained in such tube between the projectile and the cap; | 20 | | or
| 21 | | (12) (Blank); or
| 22 | | (13) Carries or possesses on or about his or her person | 23 | | while in a building occupied by a unit of government, a | 24 | | billy club, other weapon of like character, or other | 25 | | instrument of like character intended for use as a weapon. | 26 | | For the purposes of this Section, "billy club" means a |
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| 1 | | short stick or club commonly carried by police officers | 2 | | which is either telescopic or constructed of a solid piece | 3 | | of wood or other man-made material. | 4 | | (b) Sentence. A person convicted of a violation of | 5 | | subsection 24-1(a)(1)
through 24-1(a)(3) and 24-1(a) (5), | 6 | | subsection 24-1(a)(10),
subsection 24-1(a)(11), or subsection | 7 | | 24-1(a)(13) commits a Class A
misdemeanor.
A person convicted | 8 | | of a violation of subsection
24-1(a)(8) or 24-1(a)(9) commits a
| 9 | | Class 4 felony; a person
convicted of a violation of subsection | 10 | | 24-1(a)(6) or 24-1(a)(7) (ii) or (iii)
commits a Class 3 felony. | 11 | | A person convicted of a violation of subsection 24-1(a)(8) | 12 | | commits a Class 3 felony. A person convicted of a second or | 13 | | subsequent violation of subsection 24-1(a)(8) commits a Class 2 | 14 | | felony. A person convicted of a violation of subsection
| 15 | | 24-1(a)(7)(i) commits a Class 1 2 felony and shall be sentenced | 16 | | to a term of imprisonment of not less than 4 3 years and not | 17 | | more than 15 7 years, unless the weapon is possessed in the
| 18 | | passenger compartment of a motor vehicle as defined in Section | 19 | | 1-146 of the
Illinois Vehicle Code, or on the person, while the | 20 | | weapon is loaded, in which
case it shall be a Class X felony | 21 | | and the person shall be sentenced to a term of imprisonment of | 22 | | not less than 6 years and not more than 40 years . A person | 23 | | convicted of a
second or subsequent violation of subsection | 24 | | 24-1(a)(4), 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a | 25 | | Class 3 felony. A person convicted of a violation of subsection | 26 | | 24-1(a)(4) commits a Class 4 felony. A person convicted of a |
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| 1 | | second or subsequent violation of subsection 24-1(a)(4) | 2 | | commits a Class 2 felony. A person convicted of a violation of | 3 | | subsection
24-1(a)(7)(ii) commits a Class 2 felony. A person | 4 | | convicted of a violation of subsection 24-1(a)(2.5) commits a | 5 | | Class 1 2 felony. The possession of each weapon in violation | 6 | | of this Section constitutes a single and separate violation.
| 7 | | (c) Violations in specific places.
| 8 | | (1) A person who violates subsection 24-1(a)(6) or | 9 | | 24-1(a)(7) (iii) in any
school, regardless of the time of | 10 | | day or the time of year, in residential
property owned, | 11 | | operated or managed by a public housing agency or
leased by
| 12 | | a public housing agency as part of a scattered site or | 13 | | mixed-income
development, in a
public park, in a | 14 | | courthouse, on the real property comprising any school,
| 15 | | regardless of the
time of day or the time of year, on | 16 | | residential property owned, operated
or
managed by a public | 17 | | housing agency
or leased by a public housing agency as part | 18 | | of a scattered site or
mixed-income development,
on the | 19 | | real property comprising any
public park, on the real | 20 | | property comprising any courthouse, in any conveyance
| 21 | | owned, leased or contracted by a school to
transport | 22 | | students to or from school or a school related activity, in | 23 | | any conveyance
owned, leased, or contracted by a public | 24 | | transportation agency, or on any
public way within 1,000 | 25 | | feet of the real property comprising any school,
public | 26 | | park, courthouse, public transportation facility, or |
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| 1 | | residential property owned, operated, or managed
by a | 2 | | public housing agency
or leased by a public housing agency | 3 | | as part of a scattered site or
mixed-income development
| 4 | | commits a Class 2 felony and shall be sentenced to a term | 5 | | of imprisonment of not less than 3 years and not more than | 6 | | 7 years.
| 7 | | (1.5) A person who violates subsection 24-1(a)(4) or , | 8 | | 24-1(a)(9) , or
24-1(a)(10) in any school, regardless of the | 9 | | time of day or the time of year,
in residential property | 10 | | owned, operated, or managed by a public
housing
agency
or | 11 | | leased by a public housing agency as part of a scattered | 12 | | site or
mixed-income development,
in
a public
park, in a | 13 | | courthouse, on the real property comprising any school, | 14 | | regardless
of the time of day or the time of year, on | 15 | | residential property owned,
operated, or managed by a | 16 | | public housing agency
or leased by a public housing agency | 17 | | as part of a scattered site or
mixed-income development,
on | 18 | | the real property
comprising any public park, on the real | 19 | | property comprising any courthouse, in
any conveyance | 20 | | owned, leased, or contracted by a school to transport | 21 | | students
to or from school or a school related activity, in | 22 | | any conveyance
owned, leased, or contracted by a public | 23 | | transportation agency, or on any public way within
1,000 | 24 | | feet of the real property comprising any school, public | 25 | | park, courthouse,
public transportation facility, or | 26 | | residential property owned, operated, or managed by a |
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| 1 | | public
housing agency
or leased by a public housing agency | 2 | | as part of a scattered site or
mixed-income development
| 3 | | commits a Class 3 felony.
| 4 | | (1.6) A person who violates subsection 24-1(a)(10) in | 5 | | any school, regardless of the time of day or the time of | 6 | | year,
in residential property owned, operated, or managed | 7 | | by a public
housing
agency
or leased by a public housing | 8 | | agency as part of a scattered site or
mixed-income | 9 | | development,
in
a public
park, in a courthouse, on the real | 10 | | property comprising any school, regardless
of the time of | 11 | | day or the time of year, on 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,
on the real property
comprising | 15 | | any public park, on the real property comprising any | 16 | | courthouse, in
any conveyance owned, leased, or contracted | 17 | | by a school to transport students
to or from school or a | 18 | | school related activity, in any conveyance
owned, leased, | 19 | | or contracted by a public transportation agency, or on any | 20 | | public way within
1,000 feet of the real property | 21 | | comprising any school, public park, courthouse,
public | 22 | | transportation facility, or residential property owned, | 23 | | operated, or managed by a public
housing agency
or leased | 24 | | by a public housing agency as part of a scattered site or
| 25 | | mixed-income development
commits a Class 2 felony. | 26 | | (2) A person who violates subsection 24-1(a)(1), |
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| 1 | | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | 2 | | time of day or the time of year, in
residential property | 3 | | owned, operated or managed by a public housing
agency
or | 4 | | leased by a public housing agency as part of a scattered | 5 | | site or
mixed-income development,
in
a public park, in a | 6 | | courthouse, on the real property comprising any school,
| 7 | | regardless of the time of day or the time of year, on | 8 | | residential property
owned, operated or managed by a public | 9 | | housing agency
or leased by a public housing agency as part | 10 | | of a scattered site or
mixed-income development,
on the | 11 | | real property
comprising any public park, on the real | 12 | | property comprising any courthouse, in
any conveyance | 13 | | owned, leased or contracted by a school to transport | 14 | | students
to or from school or a school related activity, in | 15 | | any conveyance
owned, leased, or contracted by a public | 16 | | transportation agency, or on any public way within
1,000 | 17 | | feet of the real property comprising any school, public | 18 | | park, courthouse,
public transportation facility, or | 19 | | residential property owned, operated, or managed by a | 20 | | public
housing agency or leased by a public housing agency | 21 | | as part of a scattered
site or mixed-income development | 22 | | commits a Class 4 felony. "Courthouse"
means any building | 23 | | that is used by the Circuit, Appellate, or Supreme Court of
| 24 | | this State for the conduct of official business.
| 25 | | (3) Paragraphs (1), (1.5), and (2) of this subsection | 26 | | (c) shall not
apply to law
enforcement officers or security |
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| 1 | | officers of such school, college, or
university or to | 2 | | students carrying or possessing firearms for use in | 3 | | training
courses, parades, hunting, target shooting on | 4 | | school ranges, or otherwise with
the consent of school | 5 | | authorities and which firearms are transported unloaded
| 6 | | enclosed in a suitable case, box, or transportation | 7 | | package.
| 8 | | (4) For the purposes of this subsection (c), "school" | 9 | | means any public or
private elementary or secondary school, | 10 | | community college, college, or
university.
| 11 | | (5) For the purposes of this subsection (c), "public | 12 | | transportation agency" means a public or private agency | 13 | | that provides for the transportation or conveyance of
| 14 | | persons by means available to the general public, except | 15 | | for transportation
by automobiles not used for conveyance | 16 | | of the general public as passengers; and "public | 17 | | transportation facility" means a terminal or other place
| 18 | | where one may obtain public transportation.
| 19 | | (d) The presence in an automobile other than a public | 20 | | omnibus of any
weapon, instrument or substance referred to in | 21 | | subsection (a)(7) is
prima facie evidence that it is in the | 22 | | possession of, and is being
carried by, all persons occupying | 23 | | such automobile at the time such
weapon, instrument or | 24 | | substance is found, except under the following
circumstances: | 25 | | (i) if such weapon, instrument or instrumentality is
found upon | 26 | | the person of one of the occupants therein; or (ii) if such
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| 1 | | weapon, instrument or substance is found in an automobile | 2 | | operated for
hire by a duly licensed driver in the due, lawful | 3 | | and proper pursuit of
his or her trade, then such presumption | 4 | | shall not apply to the driver.
| 5 | | (e) Exemptions. | 6 | | (1) Crossbows, Common or Compound bows and Underwater
| 7 | | Spearguns are exempted from the definition of ballistic | 8 | | knife as defined in
paragraph (1) of subsection (a) of this | 9 | | Section. | 10 | | (2) The provision of paragraph (1) of subsection (a) of | 11 | | this Section prohibiting the sale, manufacture, purchase, | 12 | | possession, or carrying of any knife, commonly referred to | 13 | | as a switchblade knife, which has a
blade that opens | 14 | | automatically by hand pressure applied to a button,
spring | 15 | | or other device in the handle of the knife, does not apply | 16 | | to a person who possesses a currently valid Firearm Owner's | 17 | | Identification Card previously issued in his or her name by | 18 | | the Department of State Police or to a person or an entity | 19 | | engaged in the business of selling or manufacturing | 20 | | switchblade knives.
| 21 | | (Source: P.A. 100-82, eff. 8-11-17; 101-223, eff. 1-1-20 .)
| 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. |
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| 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 if the
person | 5 | | has been convicted of a felony under the laws of this State or | 6 | | any
other jurisdiction. This Section shall not apply if the | 7 | | person has been
granted relief by the Director of the | 8 | | Department of State Police
under Section 10 of the Firearm | 9 | | 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, | 14 | | regardless of the intent with which he possesses it.
| 15 | | (c) It shall be an affirmative defense to a violation of | 16 | | subsection (b), that such possession was specifically | 17 | | authorized by rule,
regulation, or directive of the Illinois | 18 | | Department of Corrections or order
issued pursuant thereto.
| 19 | | (d) The defense of necessity is not available to a person | 20 | | who is charged
with a violation of subsection (b) of this | 21 | | Section.
| 22 | | (e) Sentence. Violation of this Section by a person not | 23 | | confined
in a penal institution shall be a Class 2 3 felony
for | 24 | | which the person shall be sentenced to no less than 3 2 years | 25 | | and no
more than 10 years. A second or subsequent violation of | 26 | | this Section shall be a Class 1 2 felony for which the person |
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| 1 | | shall be sentenced to a term of imprisonment of not less than 4 | 2 | | 3 years and not more than 30 14 years, except as provided for | 3 | | in Section 5-4.5-110 of the Unified Code of Corrections. | 4 | | Violation of this Section by a person not confined in a
penal | 5 | | institution who has been convicted of a forcible felony, a | 6 | | felony
violation of Article 24 of this Code or of the Firearm | 7 | | Owners Identification
Card Act, stalking or aggravated | 8 | | stalking, or a Class 2 or greater felony
under the Illinois | 9 | | Controlled Substances Act, the Cannabis Control Act, or the | 10 | | Methamphetamine Control and Community Protection Act is a
Class | 11 | | 1 2 felony for which the person
shall be sentenced to not less | 12 | | than 4 3 years and not more than 30 14 years, except as | 13 | | provided for in Section 5-4.5-110 of the Unified Code of | 14 | | Corrections.
Violation of this Section by a person who is on | 15 | | parole or mandatory supervised
release is a Class 1 2 felony | 16 | | for which the person shall be sentenced to not less than 4 3 | 17 | | years and not more than 30 14
years, except as provided for in | 18 | | Section 5-4.5-110 of the Unified Code of Corrections. Violation | 19 | | of this Section by a person not confined in a penal
institution | 20 | | is a Class X felony for which the person shall be sentenced to | 21 | | not less than 6 years and not more than 40 years when the | 22 | | firearm possessed is a machine gun.
Any person who violates | 23 | | this Section while confined in a penal
institution, which is a | 24 | | facility of the Illinois Department of
Corrections, is guilty | 25 | | of a Class X 1
felony for which the person shall be sentenced | 26 | | to not less than 6 years and not more than 40 years , if he |
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| 1 | | possesses any weapon prohibited under Section 24-1 of this
Code | 2 | | regardless of the intent with which he possesses it, a Class X
| 3 | | felony if he possesses any firearm, firearm ammunition or | 4 | | explosive, and a
Class X felony for which the offender shall be | 5 | | sentenced to not less than 14 12
years and not more than 60 50 | 6 | | years when the firearm possessed is a machine
gun. A violation | 7 | | of this Section while wearing or in possession of body armor as | 8 | | defined in Section 33F-1 is a Class X felony punishable by a | 9 | | term of imprisonment of not less than 14 10 years and up to | 10 | | natural life imprisonment not more than 40 years .
The | 11 | | possession of each firearm or firearm ammunition in violation | 12 | | of this Section constitutes a single and separate violation.
| 13 | | (Source: P.A. 100-3, eff. 1-1-18 .)
| 14 | | (720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
| 15 | | Sec. 24-1.2. Aggravated discharge of a firearm. | 16 | | (a) A person commits aggravated discharge of a firearm when | 17 | | he or she
knowingly or
intentionally:
| 18 | | (1) Discharges a firearm at or into a building he or | 19 | | she knows or
reasonably
should know to be
occupied and the | 20 | | firearm is discharged from a place or position outside
that | 21 | | building;
| 22 | | (2) Discharges a firearm in the direction of another | 23 | | person or in the
direction of a vehicle he or she knows or | 24 | | reasonably should know to be
occupied by a person;
| 25 | | (3) Discharges a firearm in the direction of a person |
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| 1 | | he or she knows
to be
a peace officer, a community policing | 2 | | volunteer, a
correctional institution employee, or a | 3 | | fireman while the officer,
volunteer,
employee or fireman | 4 | | is engaged in the execution of any of his or her
official
| 5 | | duties, or to prevent the officer, volunteer, employee or | 6 | | fireman from
performing his or her
official duties, or in | 7 | | retaliation for the officer, volunteer, employee or
| 8 | | fireman
performing his or her official duties;
| 9 | | (4) Discharges a firearm in the direction of a vehicle | 10 | | he or she knows
to be
occupied by a peace officer, a person | 11 | | summoned or directed by a peace
officer, a correctional | 12 | | institution employee or a fireman while the
officer, | 13 | | employee or fireman is engaged in the execution of any of | 14 | | his or
her
official duties, or to prevent the officer, | 15 | | employee or fireman from
performing his or her official | 16 | | duties, or in retaliation for the officer,
employee or | 17 | | fireman performing his or her official duties;
| 18 | | (5) Discharges a firearm in the direction of a person | 19 | | he or she knows
to be
emergency medical services personnel | 20 | | who is engaged in the execution of any of his or her | 21 | | official duties,
or to
prevent the
emergency medical | 22 | | services personnel from performing his or her official | 23 | | duties, or in
retaliation
for the
emergency medical | 24 | | services personnel performing his or her official duties;
| 25 | | (6) Discharges a firearm in the direction of a vehicle | 26 | | he or she knows
to
be occupied by emergency medical |
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| 1 | | services personnel while the
emergency medical services | 2 | | personnel is engaged in the execution of any of his or her
| 3 | | official
duties, or to prevent the
emergency medical | 4 | | services personnel from performing his or her official
| 5 | | duties, or
in retaliation for the
emergency medical | 6 | | services personnel performing his or her official duties;
| 7 | | (7) Discharges a firearm in the direction of a person | 8 | | he or she knows to
be a teacher or other person employed in | 9 | | any school and the teacher or other
employee is upon the | 10 | | grounds of a school or grounds adjacent to a school, or is
| 11 | | in any part of a building used for school purposes;
| 12 | | (8) Discharges a firearm in the direction of a person | 13 | | he or she knows to
be an emergency management worker while | 14 | | the emergency management worker is
engaged in the execution | 15 | | of any of his or her official duties, or to prevent
the | 16 | | emergency management worker from performing his or her | 17 | | official duties, or
in retaliation for the emergency | 18 | | management worker performing his or her
official duties; or
| 19 | | (9) Discharges a firearm in the direction of a vehicle | 20 | | he or she knows to
be occupied by an emergency management | 21 | | worker while the emergency management
worker is engaged in | 22 | | the execution of any of his or her official duties, or to
| 23 | | prevent the emergency management worker from performing | 24 | | his or her official
duties, or in retaliation for the | 25 | | emergency management worker performing his or
her official | 26 | | duties.
|
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| 1 | | (b) A violation of subsection (a)(1) or subsection (a)(2) | 2 | | of this
Section is a Class X 1 felony.
A violation of
| 3 | | subsection (a)(1) or (a)(2)
of this Section committed in a | 4 | | school, on the real property comprising a
school,
within 1,000 | 5 | | feet of the real property comprising a school, at a school | 6 | | related
activity or on or within 1,000 feet of any conveyance | 7 | | owned, leased, or
contracted by a school to transport students | 8 | | to or from school or a school
related activity, regardless of | 9 | | the time of day or time of year that the
offense was committed | 10 | | is a Class X felony for which the person shall be sentenced to | 11 | | not less than 6 years and not more than 40 years .
A violation | 12 | | of subsection (a)(3), (a)(4),
(a)(5), (a)(6), (a)(7), (a)(8), | 13 | | or (a)(9) of this Section is a Class
X felony for which the
| 14 | | sentence shall be a term of imprisonment of no less than 12 10 | 15 | | years and not more
than 60 45 years.
| 16 | | (c) For purposes of this Section:
| 17 | | "Emergency medical services personnel" has the meaning | 18 | | specified in Section 3.5 of the Emergency Medical Services | 19 | | (EMS) Systems Act and shall include all ambulance crew members, | 20 | | including drivers or pilots. | 21 | | "School" means a public or private elementary or secondary | 22 | | school,
community college, college, or university.
| 23 | | "School related activity" means any sporting, social, | 24 | | academic, or other
activity for which students' attendance or | 25 | | participation is sponsored,
organized, or funded in whole or in | 26 | | part by a school or school district.
|
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| 1 | | (Source: P.A. 99-816, eff. 8-15-16.)
| 2 | | (720 ILCS 5/24-1.2-5)
| 3 | | Sec. 24-1.2-5. Aggravated discharge of a
machine gun or a | 4 | | firearm equipped with a device designed or used for silencing
| 5 | | the report of a firearm.
| 6 | | (a) A person commits aggravated discharge of a
machine gun | 7 | | or a firearm equipped with a device designed or used for | 8 | | silencing
the report of a firearm
when he or she knowingly or
| 9 | | intentionally:
| 10 | | (1) Discharges a
machine gun or a firearm equipped with | 11 | | a device designed or used for silencing
the report of a | 12 | | firearm
at or into a building he or she knows to be
| 13 | | occupied and the
machine gun or the firearm equipped with a | 14 | | device designed or used for
silencing
the report of a | 15 | | firearm
is discharged from a place or position outside
that | 16 | | building;
| 17 | | (2) Discharges a
machine gun or a firearm equipped with | 18 | | a device designed or used for silencing
the report of a | 19 | | firearm
in the direction of another person or in the
| 20 | | direction of a vehicle he or she knows to be occupied;
| 21 | | (3) Discharges a
machine gun or a firearm equipped with | 22 | | a device designed or used for silencing
the report of a | 23 | | firearm
in the direction of a person he or she knows to be
| 24 | | a peace officer, a person summoned or directed by a peace | 25 | | officer, a
correctional institution employee, or a fireman |
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| 1 | | while the officer,
employee or fireman is engaged in the | 2 | | execution of any of his or her official
duties, or to | 3 | | prevent the officer, employee or fireman from performing | 4 | | his
or her official duties, or in retaliation for the | 5 | | officer, employee or fireman
performing his or her official | 6 | | duties;
| 7 | | (4) Discharges a
machine gun or a firearm equipped with | 8 | | a device designed or used for silencing
the report of a | 9 | | firearm
in the direction of a vehicle he or she knows to be
| 10 | | occupied by a peace officer, a person summoned or directed | 11 | | by a peace
officer, a correctional institution employee or | 12 | | a fireman while the
officer, employee or fireman is engaged | 13 | | in the execution of any of his
or her official duties, or | 14 | | to prevent the officer, employee or fireman from
performing | 15 | | his or her official duties, or in retaliation for the | 16 | | officer,
employee or fireman performing his or her official | 17 | | duties;
| 18 | | (5) Discharges a
machine gun or a firearm equipped with | 19 | | a device designed or used for silencing
the report of a | 20 | | firearm
in the direction of a person he or she knows to be
| 21 | | emergency medical services personnel while the
emergency | 22 | | medical services personnel is engaged in the execution of | 23 | | any of his or her official duties, or
to
prevent the
| 24 | | emergency medical services personnel from performing his | 25 | | or her official duties, or in
retaliation
for the
emergency | 26 | | medical services personnel performing his or her official |
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| 1 | | duties;
| 2 | | (6) Discharges a
machine gun or a firearm equipped with | 3 | | a device designed or used for silencing
the report of a | 4 | | firearm
in the direction of a vehicle he or she knows to
be | 5 | | occupied by emergency medical services personnel, while | 6 | | the
emergency medical services personnel is engaged in the | 7 | | execution of any of his or her official
duties, or to | 8 | | prevent the
emergency medical services personnel from | 9 | | performing his or her official duties,
or
in retaliation | 10 | | for the
emergency medical services personnel performing | 11 | | his or her official
duties;
| 12 | | (7) Discharges a machine gun or a firearm equipped with | 13 | | a device
designed or used for silencing the report of a | 14 | | firearm in the direction of a
person he or she knows to be | 15 | | an emergency management worker while the emergency
| 16 | | management worker is engaged in the execution of any of his | 17 | | or her official
duties, or to prevent the emergency | 18 | | management worker from performing his or
her official | 19 | | duties, or in retaliation for the emergency management | 20 | | worker
performing his or her official duties; or
| 21 | | (8) Discharges a machine gun or a firearm equipped with | 22 | | a device designed
or used for silencing the report of a | 23 | | firearm in the direction of a vehicle he
or she knows to be | 24 | | occupied by an emergency management worker while the
| 25 | | emergency management worker is engaged in the execution of | 26 | | any of his or her
official duties, or to prevent the |
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| 1 | | emergency management worker from performing
his or her | 2 | | official duties, or in retaliation for the emergency | 3 | | management
worker performing his or her official duties.
| 4 | | (b) A violation of subsection (a) (1) or subsection (a) (2) | 5 | | of this
Section is a Class X felony. A violation of subsection | 6 | | (a) (3), (a) (4),
(a) (5), (a) (6), (a) (7), or (a) (8) of this | 7 | | Section is a Class X
felony for which the
sentence shall be a | 8 | | term of imprisonment of no less than 14 12 years and no more
| 9 | | than 60 50 years.
A violation of subsection (a)(1) or | 10 | | subsection (a)(2) of this
Section committed on school grounds | 11 | | is is a Class X felony for which the sentence shall be a term of | 12 | | imprisonment of no less than 6 years and no more than 40 years.
| 13 | | (c) For the purpose of this Section: | 14 | | "Emergency medical services personnel" has the meaning | 15 | | specified in Section 3.5 of the Emergency Medical Services | 16 | | (EMS) Systems Act and shall include all ambulance crew | 17 | | members, including drivers or pilots. | 18 | | "Machine gun" has the meaning ascribed
to it in clause | 19 | | (i) of paragraph (7) of subsection (a) of Section 24-1 of | 20 | | this
Code.
| 21 | | (d) This Section does not apply to a peace officer while | 22 | | serving as a member of a tactical response team or special | 23 | | operations team. A peace officer may not personally own or | 24 | | apply for ownership of a device or attachment of any kind | 25 | | designed, used, or intended for use in silencing the report of | 26 | | any firearm. These devices shall be owned and maintained by |
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| 1 | | lawfully recognized units of government whose duties include | 2 | | the investigation of criminal acts.
| 3 | | (Source: P.A. 99-816, eff. 8-15-16.)
| 4 | | (720 ILCS 5/24-1.5)
| 5 | | Sec. 24-1.5. Reckless discharge of a firearm.
| 6 | | (a) A person commits reckless discharge of a firearm by | 7 | | discharging a
firearm in
a reckless manner which endangers the | 8 | | bodily safety
of an individual.
| 9 | | (b) If the conduct described in subsection (a) is committed | 10 | | by a passenger
of a moving motor vehicle with the knowledge and | 11 | | consent of the driver of the
motor vehicle the driver is | 12 | | accountable for such conduct.
| 13 | | (c) Reckless discharge of a firearm is a Class 3 4 felony.
| 14 | | (d) This Section does not apply to a peace officer while in | 15 | | the performance
of his or her official duties.
| 16 | | (Source: P.A. 88-217.)
| 17 | | (720 ILCS 5/24-1.6) | 18 | | Sec. 24-1.6. Aggravated unlawful use of a weapon. | 19 | | (a) A person commits the offense of aggravated unlawful use | 20 | | of a weapon when
he or she knowingly: | 21 | | (1) Carries on or about his or her person or in any | 22 | | vehicle or concealed
on or about his or her person except | 23 | | when on his or her land or in his or her
abode, legal | 24 | | dwelling, or fixed place of business, or on the land or in |
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| 1 | | the legal dwelling of another person as an invitee with | 2 | | that person's permission, any pistol, revolver, stun gun or | 3 | | taser or
other firearm; or | 4 | | (2) Carries or possesses on or about his or her person, | 5 | | upon any public
street, alley, or other public lands within | 6 | | the corporate limits of a city,
village or incorporated | 7 | | town, except when an invitee thereon or therein, for
the | 8 | | purpose of the display of such weapon or the lawful | 9 | | commerce in weapons, or
except when on his or her own land | 10 | | or in his or her own abode, legal dwelling, or fixed place | 11 | | of
business, or on the land or in the legal dwelling of | 12 | | another person as an invitee with that person's permission, | 13 | | any pistol, revolver, stun gun or taser or other firearm; | 14 | | and | 15 | | (3) One of the following factors is present: | 16 | | (A) the firearm, other than a pistol, revolver, or | 17 | | handgun, possessed was uncased, loaded, and | 18 | | immediately accessible
at the time of the offense; or | 19 | | (A-5) the pistol, revolver, or handgun possessed | 20 | | was uncased, loaded, and immediately accessible
at the | 21 | | time of the offense and the person possessing the | 22 | | pistol, revolver, or handgun has not been issued a | 23 | | currently valid license under the Firearm Concealed | 24 | | Carry Act; or | 25 | | (B) the firearm, other than a pistol, revolver, or | 26 | | handgun, possessed was uncased, unloaded, and the |
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| 1 | | ammunition for
the weapon was immediately accessible | 2 | | at the time of the offense; or | 3 | | (B-5) the pistol, revolver, or handgun possessed | 4 | | was uncased, unloaded, and the ammunition for
the | 5 | | weapon was immediately accessible at the time of the | 6 | | offense and the person possessing the pistol, | 7 | | revolver, or handgun has not been issued a currently | 8 | | valid license under the Firearm Concealed Carry Act; or | 9 | | (C) the person possessing the firearm has not been | 10 | | issued a currently
valid Firearm Owner's | 11 | | Identification Card; or | 12 | | (D) the person possessing the weapon was | 13 | | previously adjudicated
a delinquent minor under the | 14 | | Juvenile Court Act of 1987 for an act that if
committed | 15 | | by an adult would be a felony; or | 16 | | (E) the person possessing the weapon was engaged in | 17 | | a misdemeanor
violation of the Cannabis
Control Act, in | 18 | | a misdemeanor violation of the Illinois Controlled | 19 | | Substances
Act, or in a misdemeanor violation of the | 20 | | Methamphetamine Control and Community Protection Act; | 21 | | or | 22 | | (F) (blank); or | 23 | | (G) the person possessing the weapon had an order | 24 | | of protection issued
against him or her within the | 25 | | previous 2 years; or | 26 | | (H) the person possessing the weapon was engaged in |
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| 1 | | the commission or
attempted commission of
a | 2 | | misdemeanor involving the use or threat of violence | 3 | | against
the person or property of another; or | 4 | | (I) the person possessing the weapon was under 21 | 5 | | years of age and in
possession of a handgun, unless the | 6 | | person under 21
is engaged in lawful activities under | 7 | | the Wildlife Code or described in
subsection | 8 | | 24-2(b)(1), (b)(3), or 24-2(f). | 9 | | (a-5) "Handgun" as used in this Section has the meaning | 10 | | given to it in Section 5 of the Firearm Concealed Carry Act. | 11 | | (b) "Stun gun or taser" as used in this Section has the | 12 | | same definition
given to it in Section 24-1 of this Code. | 13 | | (c) This Section does not apply to or affect the | 14 | | transportation or
possession
of weapons that: | 15 | | (i) are broken down in a non-functioning state; or | 16 | | (ii) are not immediately accessible; or | 17 | | (iii) are unloaded and enclosed in a case, firearm | 18 | | carrying box,
shipping box, or other container by a person | 19 | | who has been issued a currently
valid Firearm Owner's
| 20 | | Identification Card. | 21 | | (d) Sentence. | 22 | | (1) Aggravated unlawful use of a weapon is a Class 3 4 | 23 | | felony;
a second or subsequent offense is a Class 1 2 | 24 | | felony for which the person shall be sentenced to a term of | 25 | | imprisonment of not less than 4 3 years and not more than | 26 | | 15 7 years, except as provided for in Section 5-4.5-110 of |
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| 1 | | the Unified Code of Corrections. | 2 | | (2) Except as otherwise provided in paragraphs (3) and | 3 | | (4) of this subsection (d), a first offense of aggravated | 4 | | unlawful use of a weapon committed with a firearm by a | 5 | | person 18 years of age or older where the factors listed in | 6 | | both items (A) and (C) or both items (A-5) and (C) of | 7 | | paragraph (3) of subsection (a) are present is a Class 3 4 | 8 | | felony, for which the person shall be sentenced to a term | 9 | | of imprisonment of not less than 2 years one year and not | 10 | | more than 5 3 years. | 11 | | (3) Aggravated unlawful use of
a weapon by a person who | 12 | | has been previously
convicted of a felony in this State or | 13 | | another jurisdiction is a Class 1 2
felony for which the | 14 | | person shall be sentenced to a term of imprisonment of not | 15 | | less than 4 3 years and not more than 15 7 years, except as | 16 | | provided for in Section 5-4.5-110 of the Unified Code of | 17 | | Corrections. | 18 | | (4) Aggravated unlawful use of a weapon while wearing | 19 | | or in possession of body armor as defined in Section 33F-1 | 20 | | by a person who has not been issued a valid Firearms | 21 | | Owner's Identification Card in accordance with Section 5 of | 22 | | the Firearm Owners Identification Card Act is a Class X | 23 | | felony , for which the person shall be sentenced to a term | 24 | | of imprisonment of not less 6 years and not more than 40 | 25 | | years .
| 26 | | (e) The possession of each firearm in violation of this |
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| 1 | | Section constitutes a single and separate violation. | 2 | | (Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17 .) | 3 | | (720 ILCS 5/24-1.8) | 4 | | Sec. 24-1.8. Unlawful possession of a firearm by a street | 5 | | gang member. | 6 | | (a) A person
commits unlawful possession of a firearm by a | 7 | | street gang member when he or she knowingly: | 8 | | (1) possesses, carries, or conceals on or about his or | 9 | | her person a firearm and firearm ammunition while on any | 10 | | street, road, alley, gangway, sidewalk, or any other lands, | 11 | | except when inside his or her own abode or inside his or | 12 | | her fixed place of business, and has not been issued a | 13 | | currently valid Firearm Owner's Identification Card and is | 14 | | a member of a street gang; or | 15 | | (2) possesses or carries in any vehicle a firearm and | 16 | | firearm ammunition which are both immediately accessible | 17 | | at the time of the offense while on any street, road, | 18 | | alley, or any other lands, except when inside his or her | 19 | | own abode or garage, and has not been issued a currently | 20 | | valid Firearm Owner's Identification Card and is a member | 21 | | of a street gang. | 22 | | (b) Unlawful possession of a firearm by a street gang | 23 | | member is a Class 1 2 felony for which the person, if sentenced | 24 | | to a term of imprisonment, shall be sentenced to no less than 4 | 25 | | 3 years and no more than 30 10 years. A period of probation, a |
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| 1 | | term of periodic imprisonment or conditional discharge shall | 2 | | not be imposed for the offense of unlawful possession of a | 3 | | firearm by a street gang member when the firearm was loaded or | 4 | | contained firearm ammunition and the court shall sentence the | 5 | | offender to not less than the minimum term of imprisonment | 6 | | authorized for the Class 1 2 felony for which the person shall | 7 | | be sentenced to no less than 4 years and no more than 30 years . | 8 | | (c) For purposes of this Section: | 9 | | "Street gang" or "gang" has the meaning ascribed to it | 10 | | in Section 10 of the Illinois Streetgang Terrorism Omnibus | 11 | | Prevention Act. | 12 | | "Street gang member" or "gang member" has the meaning | 13 | | ascribed to it in Section 10 of the Illinois Streetgang | 14 | | Terrorism Omnibus Prevention Act.
| 15 | | (Source: P.A. 96-829, eff. 12-3-09.)
| 16 | | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| 17 | | Sec. 24-3. Unlawful sale or delivery of firearms.
| 18 | | (A) A person commits the offense of unlawful sale or | 19 | | delivery of firearms when he
or she knowingly does any of the | 20 | | following:
| 21 | | (a) Sells or gives any firearm of a size which may be | 22 | | concealed upon the
person to any person under 18 years of | 23 | | age.
| 24 | | (b) Sells or gives any firearm to a person under 21 | 25 | | years of age who has
been convicted of a misdemeanor other |
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| 1 | | than a traffic offense or adjudged
delinquent.
| 2 | | (c) Sells or gives any firearm to any narcotic addict.
| 3 | | (d) Sells or gives any firearm to any person who has | 4 | | been convicted of a
felony under the laws of this or any | 5 | | other jurisdiction.
| 6 | | (e) Sells or gives any firearm to any person who has | 7 | | been a patient in a
mental institution within the past 5 | 8 | | years. In this subsection (e): | 9 | | "Mental institution" means any hospital, | 10 | | institution, clinic, evaluation facility, mental | 11 | | health center, or part thereof, which is used primarily | 12 | | for the care or treatment of persons with mental | 13 | | illness. | 14 | | "Patient in a mental institution" means the person | 15 | | was admitted, either voluntarily or involuntarily, to | 16 | | a mental institution for mental health treatment, | 17 | | unless the treatment was voluntary and solely for an | 18 | | alcohol abuse disorder and no other secondary | 19 | | substance abuse disorder or mental illness.
| 20 | | (f) Sells or gives any firearms to any person who is a | 21 | | person with an intellectual disability.
| 22 | | (g) Delivers any firearm, incidental to a sale, without | 23 | | withholding delivery of the firearm
for at least 72 hours | 24 | | after application for its purchase has been made, or
| 25 | | delivers a stun gun or taser, incidental to a sale,
without | 26 | | withholding delivery of the stun gun or taser for
at least |
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| 1 | | 24 hours after application for its purchase has been made.
| 2 | | However,
this paragraph (g) does not apply to: (1) the sale | 3 | | of a firearm
to a law enforcement officer if the seller of | 4 | | the firearm knows that the person to whom he or she is | 5 | | selling the firearm is a law enforcement officer or the | 6 | | sale of a firearm to a person who desires to purchase a | 7 | | firearm for
use in promoting the public interest incident | 8 | | to his or her employment as a
bank guard, armed truck | 9 | | guard, or other similar employment; (2) a mail
order sale | 10 | | of a firearm from a federally licensed firearms dealer to a | 11 | | nonresident of Illinois under which the firearm
is mailed | 12 | | to a federally licensed firearms dealer outside the | 13 | | boundaries of Illinois; (3) (blank); (4) the sale of a
| 14 | | firearm to a dealer licensed as a federal firearms dealer | 15 | | under Section 923
of the federal Gun Control Act of 1968 | 16 | | (18 U.S.C. 923); or (5) the transfer or sale of any rifle, | 17 | | shotgun, or other long gun to a resident registered | 18 | | competitor or attendee or non-resident registered | 19 | | competitor or attendee by any dealer licensed as a federal | 20 | | firearms dealer under Section 923 of the federal Gun | 21 | | Control Act of 1968 at competitive shooting events held at | 22 | | the World Shooting Complex sanctioned by a national | 23 | | governing body. For purposes of transfers or sales under | 24 | | subparagraph (5) of this paragraph (g), the Department of | 25 | | Natural Resources shall give notice to the Department of | 26 | | State Police at least 30 calendar days prior to any |
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| 1 | | competitive shooting events at the World Shooting Complex | 2 | | sanctioned by a national governing body. The notification | 3 | | shall be made on a form prescribed by the Department of | 4 | | State Police. The sanctioning body shall provide a list of | 5 | | all registered competitors and attendees at least 24 hours | 6 | | before the events to the Department of State Police. Any | 7 | | changes to the list of registered competitors and attendees | 8 | | shall be forwarded to the Department of State Police as | 9 | | soon as practicable. The Department of State Police must | 10 | | destroy the list of registered competitors and attendees no | 11 | | later than 30 days after the date of the event. Nothing in | 12 | | this paragraph (g) relieves a federally licensed firearm | 13 | | dealer from the requirements of conducting a NICS | 14 | | background check through the Illinois Point of Contact | 15 | | under 18 U.S.C. 922(t). For purposes of this paragraph (g), | 16 | | "application" means when the buyer and seller reach an | 17 | | agreement to purchase a firearm.
For purposes of this | 18 | | paragraph (g), "national governing body" means a group of | 19 | | persons who adopt rules and formulate policy on behalf of a | 20 | | national firearm sporting organization.
| 21 | | (h) While holding any license
as a dealer,
importer, | 22 | | manufacturer or pawnbroker
under the federal Gun Control | 23 | | Act of 1968,
manufactures, sells or delivers to any | 24 | | unlicensed person a handgun having
a barrel, slide, frame | 25 | | or receiver which is a die casting of zinc alloy or
any | 26 | | other nonhomogeneous metal which will melt or deform at a |
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| 1 | | temperature
of less than 800 degrees Fahrenheit. For | 2 | | purposes of this paragraph, (1)
"firearm" is defined as in | 3 | | the Firearm Owners Identification Card Act; and (2)
| 4 | | "handgun" is defined as a firearm designed to be held
and | 5 | | fired by the use of a single hand, and includes a | 6 | | combination of parts from
which such a firearm can be | 7 | | assembled.
| 8 | | (i) Sells or gives a firearm of any size to any person | 9 | | under 18 years of
age who does not possess a valid Firearm | 10 | | Owner's Identification Card.
| 11 | | (j) Sells or gives a firearm while engaged in the | 12 | | business of selling
firearms at wholesale or retail without | 13 | | being licensed as a federal firearms
dealer under Section | 14 | | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | 15 | | In this paragraph (j):
| 16 | | A person "engaged in the business" means a person who | 17 | | devotes time,
attention, and
labor to
engaging in the | 18 | | activity as a regular course of trade or business with the
| 19 | | principal objective of livelihood and profit, but does not | 20 | | include a person who
makes occasional repairs of firearms | 21 | | or who occasionally fits special barrels,
stocks, or | 22 | | trigger mechanisms to firearms.
| 23 | | "With the principal objective of livelihood and | 24 | | profit" means that the
intent
underlying the sale or | 25 | | disposition of firearms is predominantly one of
obtaining | 26 | | livelihood and pecuniary gain, as opposed to other intents, |
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| 1 | | such as
improving or liquidating a personal firearms | 2 | | collection; however, proof of
profit shall not be required | 3 | | as to a person who engages in the regular and
repetitive | 4 | | purchase and disposition of firearms for criminal purposes | 5 | | or
terrorism.
| 6 | | (k) Sells or transfers ownership of a firearm to a | 7 | | person who does not display to the seller or transferor of | 8 | | the firearm either: (1) a currently valid Firearm Owner's | 9 | | Identification Card that has previously been issued in the | 10 | | transferee's name by the Department of State Police under | 11 | | the provisions of the Firearm Owners Identification Card | 12 | | Act; or (2) a currently valid license to carry a concealed | 13 | | firearm that has previously been issued in the transferee's | 14 | | name by the
Department of State Police under the Firearm | 15 | | Concealed Carry Act. This paragraph (k) does not apply to | 16 | | the transfer of a firearm to a person who is exempt from | 17 | | the requirement of possessing a Firearm Owner's | 18 | | Identification Card under Section 2 of the Firearm Owners | 19 | | Identification Card Act. For the purposes of this Section, | 20 | | a currently valid Firearm Owner's Identification Card | 21 | | means (i) a Firearm Owner's Identification Card that has | 22 | | not expired or (ii) an approval number issued in accordance | 23 | | with subsection (a-10) of subsection 3 or Section 3.1 of | 24 | | the Firearm Owners Identification Card Act shall be proof | 25 | | that the Firearm Owner's Identification Card was valid. | 26 | | (1) In addition to the other requirements of this |
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| 1 | | paragraph (k), all persons who are not federally | 2 | | licensed firearms dealers must also have complied with | 3 | | subsection (a-10) of Section 3 of the Firearm Owners | 4 | | Identification Card Act by determining the validity of | 5 | | a purchaser's Firearm Owner's Identification Card. | 6 | | (2) All sellers or transferors who have complied | 7 | | with the requirements of subparagraph (1) of this | 8 | | paragraph (k) shall not be liable for damages in any | 9 | | civil action arising from the use or misuse by the | 10 | | transferee of the firearm transferred, except for | 11 | | willful or wanton misconduct on the part of the seller | 12 | | or transferor. | 13 | | (l) Not
being entitled to the possession of a firearm, | 14 | | delivers the
firearm, knowing it to have been stolen or | 15 | | converted. It may be inferred that
a person who possesses a | 16 | | firearm with knowledge that its serial number has
been | 17 | | removed or altered has knowledge that the firearm is stolen | 18 | | or converted. | 19 | | (B) Paragraph (h) of subsection (A) does not include | 20 | | firearms sold within 6
months after enactment of Public
Act | 21 | | 78-355 (approved August 21, 1973, effective October 1, 1973), | 22 | | nor is any
firearm legally owned or
possessed by any citizen or | 23 | | purchased by any citizen within 6 months after the
enactment of | 24 | | Public Act 78-355 subject
to confiscation or seizure under the | 25 | | provisions of that Public Act. Nothing in
Public Act 78-355 | 26 | | shall be construed to prohibit the gift or trade of
any firearm |
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| 1 | | if that firearm was legally held or acquired within 6 months | 2 | | after
the enactment of that Public Act.
| 3 | | (C) Sentence.
| 4 | | (1) Any person convicted of unlawful sale or delivery | 5 | | of firearms in violation of
paragraph (c), (e), (f), (g), | 6 | | or (h) of subsection (A) commits a Class
3 4
felony.
| 7 | | (2) Any person convicted of unlawful sale or delivery | 8 | | of firearms in violation of
paragraph (b) or (i) of | 9 | | subsection (A) commits a Class 2 3 felony.
| 10 | | (3) Any person convicted of unlawful sale or delivery | 11 | | of firearms in violation of
paragraph (a) of subsection (A) | 12 | | commits a Class 1 2 felony.
| 13 | | (4) Any person convicted of unlawful sale or delivery | 14 | | of firearms in violation of
paragraph (a), (b), or (i) of | 15 | | subsection (A) in any school, on the real
property | 16 | | comprising a school, within 1,000 feet of the real property | 17 | | comprising
a school, at a school related activity, or on or | 18 | | within 1,000 feet of any
conveyance owned, leased, or | 19 | | 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 X 1 felony. Any | 23 | | person convicted of a second
or subsequent violation of | 24 | | unlawful sale or delivery of firearms in violation of | 25 | | paragraph
(a), (b), or (i) of subsection (A) in any school, | 26 | | on the real property
comprising a school, within 1,000 feet |
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| 1 | | of the real property comprising a
school, at a school | 2 | | related activity, or on or within 1,000 feet of any
| 3 | | conveyance owned, leased, or contracted by a school or | 4 | | school district to
transport students to or from school or | 5 | | a school related activity,
regardless of the time of day or | 6 | | time of year at which the offense
was committed, commits a | 7 | | Class X 1 felony for which the sentence shall be a
term of | 8 | | imprisonment of no less than 6 5 years and no more than 30 | 9 | | 15 years.
| 10 | | (5) Any person convicted of unlawful sale or delivery | 11 | | of firearms in violation of
paragraph (a) or (i) of | 12 | | subsection (A) in residential property owned,
operated, or | 13 | | managed by a public housing agency or leased by a public | 14 | | housing
agency as part of a scattered site or mixed-income | 15 | | development, in a public
park, in a
courthouse, on | 16 | | residential property owned, operated, or managed by a | 17 | | public
housing agency or leased by a public housing agency | 18 | | as part of a scattered site
or mixed-income development, on | 19 | | the real property comprising any public park,
on the real
| 20 | | property comprising any courthouse, or on any public way | 21 | | within 1,000 feet
of the real property comprising any | 22 | | public park, courthouse, or residential
property owned, | 23 | | operated, or managed by a public housing agency or leased | 24 | | by a
public housing agency as part of a scattered site or | 25 | | mixed-income development
commits a
Class 1 2 felony.
| 26 | | (6) Any person convicted of unlawful sale or delivery |
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| 1 | | of firearms in violation of
paragraph (j) of subsection (A) | 2 | | commits a Class 4 felony A misdemeanor . A second or
| 3 | | subsequent violation is a Class 3 4 felony. | 4 | | (7) Any person convicted of unlawful sale or delivery | 5 | | of firearms in violation of paragraph (k) of subsection (A) | 6 | | commits a Class 3 4 felony, except that a violation of | 7 | | subparagraph (1) of paragraph (k) of subsection (A) shall | 8 | | not be punishable as a crime or petty offense. A third or | 9 | | subsequent conviction for a violation of paragraph (k) of | 10 | | subsection (A) is a Class X 1 felony.
| 11 | | (8) A person 18 years of age or older convicted of | 12 | | unlawful sale or delivery of firearms in violation of | 13 | | paragraph (a) or (i) of subsection (A), when the firearm | 14 | | that was sold or given to another person under 18 years of | 15 | | age was used in the commission of or attempt to commit a | 16 | | forcible felony, shall be fined or imprisoned , or both, not | 17 | | to exceed the maximum provided for the most serious | 18 | | forcible felony so committed or attempted by the person | 19 | | under 18 years of age who was sold or given the firearm. | 20 | | (9) Any person convicted of unlawful sale or delivery | 21 | | of firearms in violation of
paragraph (d) of subsection (A) | 22 | | commits a Class 2 3 felony. | 23 | | (10) Any person convicted of unlawful sale or delivery | 24 | | of firearms in violation of paragraph (l) of subsection (A) | 25 | | commits a Class 1 2 felony if the delivery is of one | 26 | | firearm. Any person convicted of unlawful sale or delivery |
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| 1 | | of firearms in violation of paragraph (l) of subsection (A) | 2 | | commits a Class X 1 felony if the delivery is of not less | 3 | | than 2 and not more than 5 firearms at the
same time or | 4 | | within a one year period. Any person convicted of unlawful | 5 | | sale or delivery of firearms in violation of paragraph (l) | 6 | | of subsection (A) commits a Class X felony for which he or | 7 | | she shall be sentenced
to a term of imprisonment of not | 8 | | less than 6 years and not more than 30
years if the | 9 | | delivery is of not less than 6 and not more than 10 | 10 | | firearms at the
same time or within a 2 year period. Any | 11 | | person convicted of unlawful sale or delivery of firearms | 12 | | in violation of paragraph (l) of subsection (A) commits a | 13 | | Class X felony for which he or she shall be sentenced
to a | 14 | | term of imprisonment of not less than 6 years and not more | 15 | | than 40
years if the delivery is of not less than 11 and | 16 | | not more than 20 firearms at the
same time or within a 3 | 17 | | year period. Any person convicted of unlawful sale or | 18 | | delivery of firearms in violation of paragraph (l) of | 19 | | subsection (A) commits a Class X felony for which he or she | 20 | | shall be sentenced
to a term of imprisonment of not less | 21 | | than 6 years and not more than 50
years if the delivery is | 22 | | of not less than 21 and not more than 30 firearms at the
| 23 | | same time or within a 4 year period. Any person convicted | 24 | | of unlawful sale or delivery of firearms in violation of | 25 | | paragraph (l) of subsection (A) commits a Class X felony | 26 | | for which he or she shall be sentenced
to a term of |
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| 1 | | imprisonment of not less than 6 years and not more than 60
| 2 | | years if the delivery is of 31 or more firearms at the
same | 3 | | time or within a 5 year period. | 4 | | (D) For purposes of this Section:
| 5 | | "School" means a public or private elementary or secondary | 6 | | school,
community college, college, or university.
| 7 | | "School related activity" means any sporting, social, | 8 | | academic, or
other activity for which students' attendance or | 9 | | participation is sponsored,
organized, or funded in whole or in | 10 | | part by a school or school district.
| 11 | | (E) A prosecution for a violation of paragraph (k) of | 12 | | subsection (A) of this Section may be commenced within 6 years | 13 | | after the commission of the offense. A prosecution for a | 14 | | violation of this Section other than paragraph (g) of | 15 | | subsection (A) of this Section may be commenced within 5 years | 16 | | after the commission of the offense defined in the particular | 17 | | paragraph.
| 18 | | (Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; | 19 | | 99-642, eff. 7-28-16; 100-606, eff. 1-1-19 .)
| 20 | | (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
| 21 | | Sec. 24-3.1. Unlawful possession of firearms and firearm | 22 | | ammunition.
| 23 | | (a) A person commits the offense of unlawful possession of | 24 | | firearms
or firearm ammunition when:
| 25 | | (1) He is under 18 years of age and has in his |
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| 1 | | possession
any firearm of
a size which may be concealed | 2 | | upon the person; or
| 3 | | (2) He is under 21 years of age, has been convicted of | 4 | | a misdemeanor
other than a traffic offense or adjudged | 5 | | delinquent and has
any firearms or
firearm ammunition in | 6 | | his possession; or
| 7 | | (3) He is a narcotic addict and has
any firearms or | 8 | | firearm ammunition
in his possession; or
| 9 | | (4) He has been a patient in a mental institution | 10 | | within the past 5 years
and has
any firearms or firearm | 11 | | ammunition in his possession. For purposes of this | 12 | | paragraph (4): | 13 | | "Mental institution" means any hospital, | 14 | | institution, clinic, evaluation facility, mental | 15 | | health center, or part thereof, which is used primarily | 16 | | for the care or treatment of persons with mental | 17 | | illness. | 18 | | "Patient in a mental institution" means the person | 19 | | was admitted, either voluntarily or involuntarily, to | 20 | | a mental institution for mental health treatment, | 21 | | unless the treatment was voluntary and solely for an | 22 | | alcohol abuse disorder and no other secondary | 23 | | substance abuse disorder or mental illness; or
| 24 | | (5) He is a person with an intellectual disability and | 25 | | has
any firearms or firearm ammunition
in his possession; | 26 | | or
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| 1 | | (6) He has in his possession any explosive bullet.
| 2 | | For purposes of this paragraph "explosive bullet" means the | 3 | | projectile
portion of an ammunition cartridge which contains or | 4 | | carries an explosive
charge which will explode upon contact | 5 | | with the flesh of a human or an animal.
"Cartridge" means a | 6 | | tubular metal case having a projectile affixed at the
front | 7 | | thereof and a cap or primer at the rear end thereof, with the | 8 | | propellant
contained in such tube between the projectile and | 9 | | the cap.
| 10 | | (b) Sentence.
| 11 | | Unlawful possession of firearms, other than handguns, and | 12 | | firearm
ammunition is a Class 4 felony A misdemeanor . Unlawful | 13 | | possession of handguns is a
Class 3 4 felony. The possession of | 14 | | each firearm or firearm ammunition in violation of this Section | 15 | | constitutes a single and separate violation.
| 16 | | (c) Nothing in paragraph (1) of subsection (a) of this | 17 | | Section prohibits
a person under 18 years of age from | 18 | | participating in any lawful recreational
activity with a | 19 | | firearm such as, but not limited to, practice shooting at
| 20 | | targets upon established public or private target ranges or | 21 | | hunting, trapping,
or fishing in accordance with the Wildlife | 22 | | Code or the Fish and Aquatic Life
Code.
| 23 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 24 | | (720 ILCS 5/24-3.3) (from Ch. 38, par. 24-3.3)
| 25 | | Sec. 24-3.3. Unlawful Sale or Delivery of Firearms on the |
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| 1 | | Premises of
Any School, regardless of the time of day or the | 2 | | time of year, or any
conveyance owned, leased or contracted by | 3 | | a school to transport students to
or from school or a school | 4 | | related activity, or
residential property owned, operated or | 5 | | managed by a public housing
agency. Any person 18 years of age | 6 | | or older who sells, gives or delivers
any firearm to any person | 7 | | under 18 years of age in any school, regardless
of the time of | 8 | | day or the time of year or residential property owned,
operated | 9 | | or managed by a public housing agency or leased by a
public | 10 | | housing agency as part of a scattered site or mixed-income
| 11 | | development, on the real property
comprising any school, | 12 | | regardless of the time of day or the time of year
or | 13 | | residential property owned, operated or managed by a public
| 14 | | housing
agency or leased by a public housing agency as part of | 15 | | a scattered site or
mixed-income development commits a Class 2 | 16 | | 3 felony. School is defined, for the
purposes of
this Section, | 17 | | as any public or private elementary or secondary school,
| 18 | | community college, college or university. This does not apply | 19 | | to peace
officers or to students carrying or possessing | 20 | | firearms for use in school
training courses, parades, target | 21 | | shooting on school ranges, or otherwise
with the consent of | 22 | | school authorities and which firearms are transported
unloaded | 23 | | and enclosed in a suitable case, box or transportation package.
| 24 | | (Source: P.A. 91-673, eff. 12-22-99 .)
| 25 | | (720 ILCS 5/24-3.5)
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| 1 | | Sec. 24-3.5. Unlawful purchase of a firearm.
| 2 | | (a) For purposes of this Section,
"firearms transaction | 3 | | record form" means a form:
| 4 | | (1) executed by a transferee
of a firearm stating: (i) | 5 | | the transferee's name and address (including county
or | 6 | | similar political subdivision); (ii) whether the | 7 | | transferee is a citizen of
the United States;
(iii) the | 8 | | transferee's State of residence; and (iv) the date and | 9 | | place of
birth, height, weight, and race of the transferee; | 10 | | and
| 11 | | (2) on which the transferee certifies that he or she is | 12 | | not
prohibited by federal law from transporting or shipping | 13 | | a firearm
in interstate or foreign commerce or receiving a | 14 | | firearm that has been shipped
or transported in interstate | 15 | | or foreign commerce or possessing a firearm in or
affecting | 16 | | commerce.
| 17 | | (b) A person commits the offense of unlawful purchase of a | 18 | | firearm who
knowingly purchases or attempts to purchase a
| 19 | | firearm with the intent to deliver that firearm to another | 20 | | person who
is prohibited by federal or State law from | 21 | | possessing a firearm.
| 22 | | (c) A person commits the offense of unlawful purchase of a | 23 | | firearm when he
or she, in purchasing or attempting to purchase | 24 | | a firearm, intentionally
provides false or
misleading | 25 | | information on a United States Department of the Treasury, | 26 | | Bureau of
Alcohol, Tobacco and Firearms firearms transaction |
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| 1 | | record form.
| 2 | | (d) Exemption. It is not a violation of subsection (b) of | 3 | | this Section for a
person to make a gift or loan of a firearm to | 4 | | a
person who is not
prohibited by federal or State law from | 5 | | possessing a firearm
if the transfer of the firearm
is made in | 6 | | accordance with Section 3 of the Firearm Owners Identification | 7 | | Card
Act.
| 8 | | (e) Sentence.
| 9 | | (1) A person who commits the offense of unlawful | 10 | | purchase of a
firearm:
| 11 | | (A) is guilty of a Class 1 2 felony for purchasing | 12 | | or attempting to
purchase one firearm;
| 13 | | (B) is guilty of a Class X 1 felony for purchasing | 14 | | or attempting to
purchase not less than 2
firearms and | 15 | | not more than 5 firearms at the same time or within a | 16 | | one
year period;
| 17 | | (C) is guilty of a Class X felony for which the | 18 | | offender shall be sentenced to a term of imprisonment | 19 | | of not less than 12 9 years and not more than 50 40 | 20 | | years for purchasing or attempting to
purchase not less | 21 | | than 6
firearms at the same time or within a 2
year | 22 | | period.
| 23 | | (2) In addition to any other penalty that may be | 24 | | imposed for a violation
of this Section, the court may | 25 | | sentence a person convicted of a violation of
subsection | 26 | | (c) of this Section to a fine not to exceed $250,000 for |
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| 1 | | each
violation.
| 2 | | (f) A prosecution for unlawful purchase of a firearm may be | 3 | | commenced within 6 years after the commission of the offense.
| 4 | | (Source: P.A. 95-882, eff. 1-1-09.)
| 5 | | (720 ILCS 5/24-3.7) | 6 | | Sec. 24-3.7. Use of a stolen firearm in the commission of | 7 | | an offense. | 8 | | (a) A person commits the offense of use of a stolen firearm | 9 | | in the commission of an offense when he or she knowingly uses a | 10 | | stolen firearm in the commission of any offense and the person | 11 | | knows that the firearm was stolen. | 12 | | (b) Sentence. Use of a stolen firearm in the commission of | 13 | | an offense is a Class 1 2 felony.
| 14 | | (Source: P.A. 96-190, eff. 1-1-10.) | 15 | | (720 ILCS 5/24-3.8) | 16 | | Sec. 24-3.8. Possession of a stolen firearm.
| 17 | | (a) A person commits possession of a stolen firearm when he | 18 | | or she, not
being entitled to the possession of a firearm, | 19 | | possesses the
firearm, knowing it to have been stolen or | 20 | | converted. The trier of fact may infer that
a person who | 21 | | possesses a firearm with knowledge that its serial number has
| 22 | | been removed or altered has knowledge that the firearm is | 23 | | stolen or converted.
| 24 | | (b) Possession of a stolen firearm is a Class 1 2 felony.
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| 1 | | (Source: P.A. 97-597, eff. 1-1-12; incorporates 97-347, eff. | 2 | | 1-1-12; 97-1109, eff. 1-1-13.) | 3 | | (720 ILCS 5/24-3.9) | 4 | | Sec. 24-3.9. Aggravated possession of a stolen firearm.
| 5 | | (a) A person commits aggravated possession of a stolen | 6 | | firearm when he
or she:
| 7 | | (1) Not being entitled to the possession of not less | 8 | | than 2 and
not more than 5 firearms, possesses those | 9 | | firearms at the
same time or within a one-year period, | 10 | | knowing the firearms to have been
stolen or converted.
| 11 | | (2) Not being entitled to the possession of not less | 12 | | than 6 and
not more than 10 firearms, possesses those | 13 | | firearms at the
same time or within a 2-year period, | 14 | | knowing the firearms to have been
stolen or converted.
| 15 | | (3) Not being entitled to the possession of not less | 16 | | than 11 and
not more than 20 firearms, possesses those | 17 | | firearms at the
same time or within a 3-year period, | 18 | | knowing the firearms to have been
stolen or converted.
| 19 | | (4) Not being entitled to the possession of not less | 20 | | than 21 and
not more than 30 firearms, possesses those | 21 | | firearms at the
same time or within a 4-year period, | 22 | | knowing the firearms to have been
stolen or converted.
| 23 | | (5) Not being entitled to the possession of more than | 24 | | 30 firearms,
possesses those firearms at the
same time or | 25 | | within a 5-year period, knowing the firearms to have been
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| 1 | | stolen or converted.
| 2 | | (b) The trier of fact may infer that a person who possesses | 3 | | a firearm with
knowledge that its serial number has been | 4 | | removed or altered has
knowledge that the firearm is stolen or | 5 | | converted.
| 6 | | (c) Sentence.
| 7 | | (1) A person who violates paragraph (1) of subsection | 8 | | (a) of this
Section commits a Class X 1 felony.
| 9 | | (2) A person who violates paragraph (2) of subsection | 10 | | (a) of this
Section commits a Class X felony for which he | 11 | | or she shall be sentenced
to a term of imprisonment of not | 12 | | less than 6 years and not more than 40 30
years.
| 13 | | (3) A person who violates paragraph (3) of subsection | 14 | | (a) of this
Section commits a Class X felony for which he | 15 | | or she shall be sentenced
to a term of imprisonment of not | 16 | | less than 6 years and not more than 50 40
years.
| 17 | | (4) A person who violates paragraph (4) of subsection | 18 | | (a) of this
Section commits a Class X felony for which he | 19 | | or she shall be sentenced
to a term of imprisonment of not | 20 | | less than 6 years and not more than 60 50
years.
| 21 | | (5) A person who violates paragraph (5) of subsection | 22 | | (a) of this
Section commits a Class X felony for which he | 23 | | or she shall be sentenced
to a term of imprisonment of not | 24 | | less than 6 years and not more than 70 60
years.
| 25 | | (Source: P.A. 97-597, eff. 1-1-12; incorporates 97-347, eff. | 26 | | 1-1-12; 97-1109, eff. 1-1-13.)
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| 1 | | (720 ILCS 5/24-3A)
| 2 | | Sec. 24-3A. Gunrunning.
| 3 | | (a) A person commits gunrunning when he or she transfers 3 | 4 | | or
more firearms in violation of any of the paragraphs of | 5 | | Section 24-3 of this
Code.
| 6 | | (b) Sentence. A person who commits gunrunning: | 7 | | (1) is guilty of a Class X 1
felony; | 8 | | (2) is guilty of a Class X felony for which the | 9 | | sentence shall be a term of imprisonment of not less than | 10 | | 10 8 years and not more than 50 40 years if the transfer is | 11 | | of not less than 11 firearms and not more than 20 firearms; | 12 | | (3) is guilty of a Class X felony for which the | 13 | | sentence shall be a term of imprisonment of not less than | 14 | | 15 10 years and not more than 60 50 years if the transfer | 15 | | is of more than 20 firearms. | 16 | | A person who commits gunrunning by transferring firearms to a | 17 | | person
who, at the time of the commission of the offense, is | 18 | | under 18 years of age is
guilty of a Class X felony for which | 19 | | the sentence shall be a term of imprisonment of no less than 6 | 20 | | years and no more than 40 years .
| 21 | | (Source: P.A. 93-906, eff. 8-11-04.)
| 22 | | (720 ILCS 5/24-3B) | 23 | | Sec. 24-3B. Firearms trafficking. | 24 | | (a) A person commits firearms trafficking when he or she |
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| 1 | | has not been issued a currently valid Firearm Owner's | 2 | | Identification Card and knowingly: | 3 | | (1) brings, or causes to be brought, into this State, a | 4 | | firearm or firearm ammunition for the purpose of sale, | 5 | | delivery, or transfer to any other person or with the | 6 | | intent to sell, deliver, or transfer the firearm or firearm | 7 | | ammunition to any other person; or | 8 | | (2) brings, or causes to be brought, into this State, a | 9 | | firearm and firearm ammunition for the purpose of sale, | 10 | | delivery, or transfer to any other person or with the | 11 | | intent to sell, deliver, or transfer the firearm and | 12 | | firearm ammunition to any other person. | 13 | | (a-5) This Section does not apply to: | 14 | | (1) a person exempt under Section 2 of the Firearm | 15 | | Owners Identification Card Act from the requirement of | 16 | | having possession of a Firearm Owner's Identification Card | 17 | | previously issued in his or her name by the Department of | 18 | | State Police in order to acquire or possess a firearm or | 19 | | firearm ammunition; | 20 | | (2) a common carrier under subsection (i) of Section | 21 | | 24-2 of this Code; or | 22 | | (3) a non-resident who may lawfully possess a firearm | 23 | | in his or her resident state. | 24 | | (b) Sentence. | 25 | | (1) Firearms trafficking is a Class X 1 felony for | 26 | | which the person, if sentenced to a term of imprisonment, |
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| 1 | | shall be sentenced to not less than 4 years and not more | 2 | | than 20 years . | 3 | | (2) Firearms trafficking by a person who has been | 4 | | previously convicted of firearms trafficking, gunrunning, | 5 | | or a felony offense for the unlawful sale, delivery, or | 6 | | transfer of a firearm or firearm ammunition in this State | 7 | | or another jurisdiction is a Class X felony for which the | 8 | | person shall be sentenced to no less than 10 years and no | 9 | | more than 60 years .
| 10 | | (Source: P.A. 99-885, eff. 8-23-16.) | 11 | | (720 ILCS 5/24-4.1)
| 12 | | Sec. 24-4.1. Report of lost or stolen firearms.
| 13 | | (a) If a person who possesses a valid Firearm Owner's | 14 | | Identification Card and who possesses or acquires a firearm | 15 | | thereafter loses the firearm, or if the firearm is stolen from | 16 | | the person, the person must report the loss or theft to the | 17 | | local law enforcement agency within 72 hours after obtaining | 18 | | knowledge of the loss or theft. | 19 | | (b) A law enforcement agency having jurisdiction shall take | 20 | | a written report and shall, as soon as practical, enter the | 21 | | firearm's serial number as stolen into the Law Enforcement | 22 | | Agencies Data System (LEADS). | 23 | | (c) A person shall not be in violation of this Section if: | 24 | | (1) the failure to report is due to an act of God, act | 25 | | of war, or inability of a law enforcement agency to receive |
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| 1 | | the report; | 2 | | (2) the person is hospitalized, in a coma, or is | 3 | | otherwise seriously physically or mentally impaired as to | 4 | | prevent the person from reporting; or | 5 | | (3) the person's designee makes a report if the person | 6 | | is unable to make the report. | 7 | | (d) Sentence. A person who violates this Section is guilty | 8 | | of a Class A misdemeanor petty offense for a first violation. A | 9 | | second or subsequent violation of this Section is a Class 4 | 10 | | felony A misdemeanor .
| 11 | | (Source: P.A. 98-508, eff. 8-19-13.)
| 12 | | (720 ILCS 5/24-5) (from Ch. 38, par. 24-5)
| 13 | | Sec. 24-5. Defacing
identification marks of firearms. | 14 | | (a) Any person who shall knowingly or intentionally change, | 15 | | alter,
remove or obliterate the name of
the importer's or | 16 | | manufacturer's serial number of
any firearm commits a Class 1 2 | 17 | | felony.
| 18 | | (b) A person who possesses any firearm upon which any such | 19 | | importer's or manufacturer's serial number has been
changed, | 20 | | altered, removed or obliterated commits a Class 3 felony.
| 21 | | (c) Nothing in this Section shall prevent a person from | 22 | | making repairs, replacement of parts, or other changes to a | 23 | | firearm if those repairs, replacement of parts, or changes | 24 | | cause the removal of the name of the maker, model, or other | 25 | | marks of identification other than the serial number on the |
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| 1 | | firearm's frame or receiver. | 2 | | (d) A prosecution for a violation of this Section may be | 3 | | commenced within 6 years after the commission of the offense.
| 4 | | (Source: P.A. 93-906, eff. 8-11-04.)
| 5 | | (720 ILCS 5/24-9)
| 6 | | Sec. 24-9. Firearms; Child Protection.
| 7 | | (a) Except as provided in
subsection (c), it is unlawful
| 8 | | for any person to
store or leave, within premises under his or | 9 | | her control, a firearm if
the
person knows or has reason to | 10 | | believe that a minor under the age of 14
years who does not | 11 | | have a Firearm Owners Identification Card is likely to gain
| 12 | | access to the firearm without the lawful permission
of the | 13 | | minor's parent, guardian, or person having charge of the minor, | 14 | | and
the minor causes death or great bodily harm with the | 15 | | firearm, unless
the firearm is:
| 16 | | (1) secured by a device or mechanism, other than the | 17 | | firearm safety,
designed to render a firearm temporarily | 18 | | inoperable; or
| 19 | | (2) placed in a securely locked box or container; or
| 20 | | (3) placed in some other location that a reasonable | 21 | | person would
believe to be secure from a minor under the | 22 | | age of 14 years.
| 23 | | (b) Sentence. A person who violates this Section is guilty | 24 | | of a Class A C
misdemeanor and shall be fined not less than | 25 | | $1,000. A second or subsequent
violation of this Section is a |
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| 1 | | Class 4 felony A misdemeanor .
| 2 | | (c) Subsection (a) does not apply:
| 3 | | (1) if the minor under 14 years of age gains access to | 4 | | a
firearm and uses it in a lawful act of self-defense or | 5 | | defense of another; or
| 6 | | (2) to any firearm obtained by a minor under the age of | 7 | | 14 because of
an unlawful entry of the premises by the | 8 | | minor or another person.
| 9 | | (d) For the purposes of this Section, "firearm" has the | 10 | | meaning ascribed
to it in Section 1.1 of the Firearm Owners | 11 | | Identification Card Act.
| 12 | | (Source: P.A. 91-18, eff. 1-1-00.)
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