(720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
Sec. 24-1. Unlawful use of weapons.
(a) A person commits the offense of unlawful use of weapons when
he knowingly:
(1) Sells, manufactures, purchases, possesses or |
| carries any bludgeon, black-jack, slung-shot, sand-club, sand-bag, metal knuckles or other knuckle weapon regardless of its composition, throwing star, or any knife, commonly referred to as a switchblade knife, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or a ballistic knife, which is a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material or compressed gas; or
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(2) Carries or possesses with intent to use the same
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| unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, stun gun or taser or any other dangerous or deadly weapon or instrument of like character; or
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(2.5) Carries or possesses with intent to use the
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| same unlawfully against another, any firearm in a church, synagogue, mosque, or other building, structure, or place used for religious worship; or
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(3) Carries on or about his person or in any vehicle,
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| a tear gas gun projector or bomb or any object containing noxious liquid gas or substance, other than an object containing a non-lethal noxious liquid gas or substance designed solely for personal defense carried by a person 18 years of age or older; or
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(4) Carries or possesses in any vehicle or concealed
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| on or about his person except when on his land or in his own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a)(4) does not apply to or affect transportation of weapons that meet one of the following conditions:
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(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case,
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| firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card; or
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(iv) are carried or possessed in accordance with
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| the Firearm Concealed Carry Act by a person who has been issued a currently valid license under the Firearm Concealed Carry Act; or
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(5) Sets a spring gun; or
(6) Possesses any device or attachment of any kind
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| designed, used or intended for use in silencing the report of any firearm; or
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(7) Sells, manufactures, purchases, possesses or
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(i) a machine gun, which shall be defined for the
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| purposes of this subsection as any weapon, which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot without manually reloading by a single function of the trigger, including the frame or receiver of any such weapon, or sells, manufactures, purchases, possesses, or carries any combination of parts designed or intended for use in converting any weapon into a machine gun, or any combination or parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person;
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(ii) any rifle having one or more barrels less
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| than 16 inches in length or a shotgun having one or more barrels less than 18 inches in length or any weapon made from a rifle or shotgun, whether by alteration, modification, or otherwise, if such a weapon as modified has an overall length of less than 26 inches; or
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(iii) any bomb, bomb-shell, grenade, bottle or
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| other container containing an explosive substance of over one-quarter ounce for like purposes, such as, but not limited to, black powder bombs and Molotov cocktails or artillery projectiles; or
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(8) Carries or possesses any firearm, stun gun or
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| taser or other deadly weapon in any place which is licensed to sell intoxicating beverages, or at any public gathering held pursuant to a license issued by any governmental body or any public gathering at which an admission is charged, excluding a place where a showing, demonstration or lecture involving the exhibition of unloaded firearms is conducted.
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This subsection (a)(8) does not apply to any auction
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| or raffle of a firearm held pursuant to a license or permit issued by a governmental body, nor does it apply to persons engaged in firearm safety training courses; or
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(9) Carries or possesses in a vehicle or on or about
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| his or her person any pistol, revolver, stun gun or taser or firearm or ballistic knife, when he or she is hooded, robed or masked in such manner as to conceal his or her identity; or
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(10) Carries or possesses on or about his or her
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| person, upon any public street, alley, or other public lands within the corporate limits of a city, village, or incorporated town, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his land or in his or her own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun, or taser or other firearm, except that this subsection (a)(10) does not apply to or affect transportation of weapons that meet one of the following conditions:
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(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case,
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| firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card; or
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(iv) are carried or possessed in accordance with
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| the Firearm Concealed Carry Act by a person who has been issued a currently valid license under the Firearm Concealed Carry Act.
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A "stun gun or taser", as used in this paragraph (a)
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| means (i) any device which is powered by electrical charging units, such as, batteries, and which fires one or several barbs attached to a length of wire and which, upon hitting a human, can send out a current capable of disrupting the person's nervous system in such a manner as to render him incapable of normal functioning or (ii) any device which is powered by electrical charging units, such as batteries, and which, upon contact with a human or clothing worn by a human, can send out current capable of disrupting the person's nervous system in such a manner as to render him incapable of normal functioning; or
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(11) Sells, manufactures, delivers, imports,
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| possesses, or purchases any assault weapon attachment or .50 caliber cartridge in violation of Section 24-1.9 or any explosive bullet. For purposes of this paragraph (a) "explosive bullet" means the projectile portion of an ammunition cartridge which contains or carries an explosive charge which will explode upon contact with the flesh of a human or an animal. "Cartridge" means a tubular metal case having a projectile affixed at the front thereof and a cap or primer at the rear end thereof, with the propellant contained in such tube between the projectile and the cap; or
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(12) (Blank); or
(13) Carries or possesses on or about his or her
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| person while in a building occupied by a unit of government, a billy club, other weapon of like character, or other instrument of like character intended for use as a weapon. For the purposes of this Section, "billy club" means a short stick or club commonly carried by police officers which is either telescopic or constructed of a solid piece of wood or other man-made material; or
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(14) Manufactures, possesses, sells, or offers to
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| sell, purchase, manufacture, import, transfer, or use any device, part, kit, tool, accessory, or combination of parts that is designed to and functions to increase the rate of fire of a semiautomatic firearm above the standard rate of fire for semiautomatic firearms that is not equipped with that device, part, or combination of parts; or
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(15) Carries or possesses any assault weapon or .50
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| caliber rifle in violation of Section 24-1.9; or
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(16) Manufactures, sells, delivers, imports, or
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| purchases any assault weapon or .50 caliber rifle in violation of Section 24-1.9.
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(b) Sentence. A person convicted of a violation of subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
subsection 24-1(a)(11), subsection 24-1(a)(13), or 24-1(a)(15) commits a Class A
misdemeanor.
A person convicted of a violation of subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a person
convicted of a violation of subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or 24-1(a)(16)
commits a Class 3 felony. A person convicted of a violation of subsection
24-1(a)(7)(i) commits a Class 2 felony and shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years, unless the weapon is possessed in the
passenger compartment of a motor vehicle as defined in Section 1-146 of the
Illinois Vehicle Code, or on the person, while the weapon is loaded, in which
case it shall be a Class X felony. A person convicted of a
second or subsequent violation of subsection 24-1(a)(4), 24-1(a)(8),
24-1(a)(9),
24-1(a)(10), or 24-1(a)(15) commits a Class 3 felony. A person convicted of a violation of subsection 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The possession of each weapon or device in violation of this Section constitutes a single and separate violation.
(c) Violations in specific places.
(1) A person who violates subsection 24-1(a)(6) or
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| 24-1(a)(7) in any school, regardless of the time of day or the time of year, in residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, in a public park, in a courthouse, on the real property comprising any school, regardless of the time of day or the time of year, on residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, on the real property comprising any public park, on the real property comprising any courthouse, in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, in any conveyance owned, leased, or contracted by a public transportation agency, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, public transportation facility, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development commits a Class 2 felony and shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years.
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(1.5) A person who violates subsection 24-1(a)(4),
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| 24-1(a)(9), or 24-1(a)(10) in any school, regardless of the time of day or the time of year, in residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, in a public park, in a courthouse, on the real property comprising any school, regardless of the time of day or the time of year, on residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, on the real property comprising any public park, on the real property comprising any courthouse, in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity, in any conveyance owned, leased, or contracted by a public transportation agency, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, public transportation facility, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development commits a Class 3 felony.
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(2) A person who violates subsection 24-1(a)(1),
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| 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the time of day or the time of year, in residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, in a public park, in a courthouse, on the real property comprising any school, regardless of the time of day or the time of year, on residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, on the real property comprising any public park, on the real property comprising any courthouse, in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, in any conveyance owned, leased, or contracted by a public transportation agency, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, public transportation facility, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development commits a Class 4 felony. "Courthouse" means any building that is used by the Circuit, Appellate, or Supreme Court of this State for the conduct of official business.
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(3) Paragraphs (1), (1.5), and (2) of this subsection
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| (c) shall not apply to law enforcement officers or security officers of such school, college, or university or to students carrying or possessing firearms for use in training courses, parades, hunting, target shooting on school ranges, or otherwise with the consent of school authorities and which firearms are transported unloaded enclosed in a suitable case, box, or transportation package.
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(4) For the purposes of this subsection (c), "school"
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| means any public or private elementary or secondary school, community college, college, or university.
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(5) For the purposes of this subsection (c),
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| "public transportation agency" means a public or private agency that provides for the transportation or conveyance of persons by means available to the general public, except for transportation by automobiles not used for conveyance of the general public as passengers; and "public transportation facility" means a terminal or other place where one may obtain public transportation.
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(d) The presence in an automobile other than a public omnibus of any
weapon, instrument or substance referred to in subsection (a)(7) is
prima facie evidence that it is in the possession of, and is being
carried by, all persons occupying such automobile at the time such
weapon, instrument or substance is found, except under the following
circumstances: (i) if such weapon, instrument or instrumentality is
found upon the person of one of the occupants therein; or (ii) if such
weapon, instrument or substance is found in an automobile operated for
hire by a duly licensed driver in the due, lawful and proper pursuit of
his or her trade, then such presumption shall not apply to the driver.
(e) Exemptions.
(1) Crossbows, Common or Compound bows and
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| Underwater Spearguns are exempted from the definition of ballistic knife as defined in paragraph (1) of subsection (a) of this Section.
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(2) The provision of paragraph (1) of subsection (a)
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| of this Section prohibiting the sale, manufacture, purchase, possession, or carrying of any knife, commonly referred to as a switchblade knife, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, does not apply to a person who possesses a currently valid Firearm Owner's Identification Card previously issued in his or her name by the Illinois State Police or to a person or an entity engaged in the business of selling or manufacturing switchblade knives.
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(Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21; 102-1116, eff. 1-10-23.)
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(720 ILCS 5/24-1.6) Sec. 24-1.6. Aggravated unlawful use of a weapon. (a) A person commits the offense of aggravated unlawful use of a weapon when
he or she knowingly: (1) Carries on or about his or her person or in any |
| vehicle or concealed on or about his or her person except when on his or her land or in his or her abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm; or
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(2) Carries or possesses on or about his or her
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| person, upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his or her own land or in his or her own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm; and
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(3) One of the following factors is present:
(A) the firearm, other than a pistol, revolver,
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| or handgun, possessed was uncased, loaded, and immediately accessible at the time of the offense; or
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(A-5) the pistol, revolver, or handgun possessed
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| was uncased, loaded, and immediately accessible at the time of the offense and the person possessing the pistol, revolver, or handgun has not been issued a currently valid license under the Firearm Concealed Carry Act; or
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(B) the firearm, other than a pistol, revolver,
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| or handgun, possessed was uncased, unloaded, and the ammunition for the weapon was immediately accessible at the time of the offense; or
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(B-5) the pistol, revolver, or handgun possessed
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| was uncased, unloaded, and the ammunition for the weapon was immediately accessible at the time of the offense and the person possessing the pistol, revolver, or handgun has not been issued a currently valid license under the Firearm Concealed Carry Act; or
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(C) the person possessing the firearm has not
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| been issued a currently valid Firearm Owner's Identification Card; or
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(D) the person possessing the weapon was
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| previously adjudicated a delinquent minor under the Juvenile Court Act of 1987 for an act that if committed by an adult would be a felony; or
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(E) the person possessing the weapon was engaged
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| in a misdemeanor violation of the Cannabis Control Act, in a misdemeanor violation of the Illinois Controlled Substances Act, or in a misdemeanor violation of the Methamphetamine Control and Community Protection Act; or
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(F) (blank); or
(G) the person possessing the weapon had an order
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| of protection issued against him or her within the previous 2 years; or
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(H) the person possessing the weapon was engaged
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| in the commission or attempted commission of a misdemeanor involving the use or threat of violence against the person or property of another; or
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(I) the person possessing the weapon was under 21
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| years of age and in possession of a handgun, unless the person under 21 is engaged in lawful activities under the Wildlife Code or described in subsection 24-2(b)(1), (b)(3), or 24-2(f).
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(a-5) "Handgun" as used in this Section has the meaning given to it in Section 5 of the Firearm Concealed Carry Act.
(b) "Stun gun or taser" as used in this Section has the same definition
given to it in Section 24-1 of this Code.
(c) This Section does not apply to or affect the transportation or
possession
of weapons that:
(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, firearm
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| carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card.
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(d) Sentence.
(1) Aggravated unlawful use of a weapon is a Class 4
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| felony; a second or subsequent offense is a Class 2 felony for which the person shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years, except as provided for in Section 5-4.5-110 of the Unified Code of Corrections.
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(2) Except as otherwise provided in paragraphs (3)
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| and (4) of this subsection (d), a first offense of aggravated unlawful use of a weapon committed with a firearm by a person 18 years of age or older where the factors listed in both items (A) and (C) or both items (A-5) and (C) of paragraph (3) of subsection (a) are present is a Class 4 felony, for which the person shall be sentenced to a term of imprisonment of not less than one year and not more than 3 years.
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(3) Aggravated unlawful use of a weapon by a person
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| who has been previously convicted of a felony in this State or another jurisdiction is a Class 2 felony for which the person shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years, except as provided for in Section 5-4.5-110 of the Unified Code of Corrections.
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(4) Aggravated unlawful use of a weapon while wearing
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| or in possession of body armor as defined in Section 33F-1 by a person who has not been issued a valid Firearms Owner's Identification Card in accordance with Section 5 of the Firearm Owners Identification Card Act is a Class X felony.
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(e) The possession of each firearm in violation of this Section constitutes a single and separate violation.
(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17 .)
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(720 ILCS 5/24-1.9) Sec. 24-1.9. Manufacture, possession, delivery, sale, and purchase of assault weapons, .50 caliber rifles, and .50 caliber cartridges. (a) Definitions. In this Section: (1) "Assault weapon" means any of the following, except as provided in subdivision (2) of this subsection: (A) A semiautomatic rifle that has the capacity to |
| accept a detachable magazine or that may be readily modified to accept a detachable magazine, if the firearm has one or more of the following:
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(i) a pistol grip or thumbhole stock;
(ii) any feature capable of functioning as a
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| protruding grip that can be held by the non-trigger hand;
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(iii) a folding, telescoping, thumbhole, or
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| detachable stock, or a stock that is otherwise foldable or adjustable in a manner that operates to reduce the length, size, or any other dimension, or otherwise enhances the concealability of, the weapon;
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(iv) a flash suppressor;
(v) a grenade launcher;
(vi) a shroud attached to the barrel or that
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| partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel.
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(B) A semiautomatic rifle that has a fixed magazine
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| with the capacity to accept more than 10 rounds, except for an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.
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(C) A semiautomatic pistol that has the capacity to
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| accept a detachable magazine or that may be readily modified to accept a detachable magazine, if the firearm has one or more of the following:
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(i) a threaded barrel;
(ii) a second pistol grip or another feature
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| capable of functioning as a protruding grip that can be held by the non-trigger hand;
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(iii) a shroud attached to the barrel or that
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| partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel;
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(iv) a flash suppressor;
(v) the capacity to accept a detachable magazine
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| at some location outside of the pistol grip; or
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(vi) a buffer tube, arm brace, or other part that
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| protrudes horizontally behind the pistol grip and is designed or redesigned to allow or facilitate a firearm to be fired from the shoulder.
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(D) A semiautomatic pistol that has a fixed magazine
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| with the capacity to accept more than 15 rounds.
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(E) Any shotgun with a revolving cylinder.
(F) A semiautomatic shotgun that has one or more of
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(i) a pistol grip or thumbhole stock;
(ii) any feature capable of functioning as a
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| protruding grip that can be held by the non-trigger hand;
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(iii) a folding or thumbhole stock;
(iv) a grenade launcher;
(v) a fixed magazine with the capacity of more
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(vi) the capacity to accept a detachable
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(G) Any semiautomatic firearm that has the capacity
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| to accept a belt ammunition feeding device.
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(H) Any firearm that has been modified to be operable
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| as an assault weapon as defined in this Section.
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(I) Any part or combination of parts designed or
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| intended to convert a firearm into an assault weapon, including any combination of parts from which an assault weapon may be readily assembled if those parts are in the possession or under the control of the same person.
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(J) All of the following rifles, copies, duplicates,
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| variants, or altered facsimiles with the capability of any such weapon:
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(i) All AK types, including the following:
(I) AK, AK47, AK47S, AK-74, AKM, AKS, ARM,
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| MAK90, MISR, NHM90, NHM91, SA85, SA93, Vector Arms AK-47, VEPR, WASR-10, and WUM.
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(II) IZHMASH Saiga AK.
(III) MAADI AK47 and ARM.
(IV) Norinco 56S, 56S2, 84S, and 86S.
(V) Poly Technologies AK47 and AKS.
(VI) SKS with a detachable magazine.
(ii) all AR types, including the following:
(I) AR-10.
(II) AR-15.
(III) Alexander Arms Overmatch Plus 16.
(IV) Armalite M15 22LR Carbine.
(V) Armalite M15-T.
(VI) Barrett REC7.
(VII) Beretta AR-70.
(VIII) Black Rain Ordnance Recon Scout.
(IX) Bushmaster ACR.
(X) Bushmaster Carbon 15.
(XI) Bushmaster MOE series.
(XII) Bushmaster XM15.
(XIII) Chiappa Firearms MFour rifles.
(XIV) Colt Match Target rifles.
(XV) CORE Rifle Systems CORE15 rifles.
(XVI) Daniel Defense M4A1 rifles.
(XVII) Devil Dog Arms 15 Series rifles.
(XVIII) Diamondback DB15 rifles.
(XIX) DoubleStar AR rifles.
(XX) DPMS Tactical rifles.
(XXI) DSA Inc. ZM-4 Carbine.
(XXII) Heckler & Koch MR556.
(XXIII) High Standard HSA-15 rifles.
(XXIV) Jesse James Nomad AR-15 rifle.
(XXV) Knight's Armament SR-15.
(XXVI) Lancer L15 rifles.
(XXVII) MGI Hydra Series rifles.
(XXVIII) Mossberg MMR Tactical rifles.
(XXIX) Noreen Firearms BN 36 rifle.
(XXX) Olympic Arms.
(XXXI) POF USA P415.
(XXXII) Precision Firearms AR rifles.
(XXXIII) Remington R-15 rifles.
(XXXIV) Rhino Arms AR rifles.
(XXXV) Rock River Arms LAR-15 or Rock River
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(XXXVI) Sig Sauer SIG516 rifles and MCX
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(XXXVII) Smith & Wesson M&P15 rifles.
(XXXVIII) Stag Arms AR rifles.
(XXXIX) Sturm, Ruger & Co. SR556 and AR-556
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(XL) Uselton Arms Air-Lite M-4 rifles.
(XLI) Windham Weaponry AR rifles.
(XLII) WMD Guns Big Beast.
(XLIII) Yankee Hill Machine Company, Inc.
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(iii) Barrett M107A1.
(iv) Barrett M82A1.
(v) Beretta CX4 Storm.
(vi) Calico Liberty Series.
(vii) CETME Sporter.
(viii) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and
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(ix) Fabrique Nationale/FN Herstal FAL, LAR, 22
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| FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000.
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(x) Feather Industries AT-9.
(xi) Galil Model AR and Model ARM.
(xii) Hi-Point Carbine.
(xiii) HK-91, HK-93, HK-94, HK-PSG-1, and HK USC.
(xiv) IWI TAVOR, Galil ACE rifle.
(xv) Kel-Tec Sub-2000, SU-16, and RFB.
(xvi) SIG AMT, SIG PE-57, Sig Sauer SG 550, Sig
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| Sauer SG 551, and SIG MCX.
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(xvii) Springfield Armory SAR-48.
(xviii) Steyr AUG.
(xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle
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(xx) All Thompson rifles, including the
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(I) Thompson M1SB.
(II) Thompson T1100D.
(III) Thompson T150D.
(IV) Thompson T1B.
(V) Thompson T1B100D.
(VI) Thompson T1B50D.
(VII) Thompson T1BSB.
(VIII) Thompson T1-C.
(IX) Thompson T1D.
(X) Thompson T1SB.
(XI) Thompson T5.
(XII) Thompson T5100D.
(XIII) Thompson TM1.
(XIV) Thompson TM1C.
(xxi) UMAREX UZI rifle.
(xxii) UZI Mini Carbine, UZI Model A Carbine, and
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(xxiii) Valmet M62S, M71S, and M78.
(xxiv) Vector Arms UZI Type.
(xxv) Weaver Arms Nighthawk.
(xxvi) Wilkinson Arms Linda Carbine.
(K) All of the following pistols, copies, duplicates,
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| variants, or altered facsimiles with the capability of any such weapon thereof:
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(i) All AK types, including the following:
(I) Centurion 39 AK pistol.
(II) CZ Scorpion pistol.
(III) Draco AK-47 pistol.
(IV) HCR AK-47 pistol.
(V) IO Inc. Hellpup AK-47 pistol.
(VI) Krinkov pistol.
(VII) Mini Draco AK-47 pistol.
(VIII) PAP M92 pistol.
(IX) Yugo Krebs Krink pistol.
(ii) All AR types, including the following:
(I) American Spirit AR-15 pistol.
(II) Bushmaster Carbon 15 pistol.
(III) Chiappa Firearms M4 Pistol GEN II.
(IV) CORE Rifle Systems CORE15 Roscoe pistol.
(V) Daniel Defense MK18 pistol.
(VI) DoubleStar Corporation AR pistol.
(VII) DPMS AR-15 pistol.
(VIII) Jesse James Nomad AR-15 pistol.
(IX) Olympic Arms AR-15 pistol.
(X) Osprey Armament MK-18 pistol.
(XI) POF USA AR pistols.
(XII) Rock River Arms LAR 15 pistol.
(XIII) Uselton Arms Air-Lite M-4 pistol.
(iii) Calico pistols.
(iv) DSA SA58 PKP FAL pistol.
(v) Encom MP-9 and MP-45.
(vi) Heckler & Koch model SP-89 pistol.
(vii) Intratec AB-10, TEC-22 Scorpion, TEC-9, and
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|
(viii) IWI Galil Ace pistol, UZI PRO pistol.
(ix) Kel-Tec PLR 16 pistol.
(x) All MAC types, including the following:
(I) MAC-10.
(II) MAC-11.
(III) Masterpiece Arms MPA A930 Mini Pistol,
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| MPA460 Pistol, MPA Tactical Pistol, and MPA Mini Tactical Pistol.
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|
(IV) Military Armament Corp. Ingram M-11.
(V) Velocity Arms VMAC.
(xi) Sig Sauer P556 pistol.
(xii) Sites Spectre.
(xiii) All Thompson types, including the
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|
(I) Thompson TA510D.
(II) Thompson TA5.
(xiv) All UZI types, including Micro-UZI.
(L) All of the following shotguns, copies,
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| duplicates, variants, or altered facsimiles with the capability of any such weapon thereof:
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|
(i) DERYA Anakon MC-1980, Anakon SD12.
(ii) Doruk Lethal shotguns.
(iii) Franchi LAW-12 and SPAS 12.
(iv) All IZHMASH Saiga 12 types, including the
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|
(I) IZHMASH Saiga 12.
(II) IZHMASH Saiga 12S.
(III) IZHMASH Saiga 12S EXP-01.
(IV) IZHMASH Saiga 12K.
(V) IZHMASH Saiga 12K-030.
(VI) IZHMASH Saiga 12K-040 Taktika.
(v) Streetsweeper.
(vi) Striker 12.
(2) "Assault weapon" does not include:
(A) Any firearm that is an unserviceable firearm or
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| has been made permanently inoperable.
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|
(B) An antique firearm or a replica of an antique
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|
(C) A firearm that is manually operated by bolt,
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| pump, lever or slide action, unless the firearm is a shotgun with a revolving cylinder.
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|
(D) Any air rifle as defined in Section 24.8-0.1 of
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|
(E) Any handgun, as defined under the Firearm
|
| Concealed Carry Act, unless otherwise listed in this Section.
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|
(3) "Assault weapon attachment" means any device capable of being attached to a firearm that is specifically designed for making or converting a firearm into any of the firearms listed in paragraph (1) of this subsection (a).
(4) "Antique firearm" has the meaning ascribed to it in 18 U.S.C. 921(a)(16).
(5) ".50 caliber rifle" means a centerfire rifle capable of firing a .50 caliber cartridge. The term does not include any antique firearm, any shotgun including a shotgun that has a rifle barrel, or any muzzle-loader which uses black powder for hunting or historical reenactments.
(6) ".50 caliber cartridge" means a cartridge in .50 BMG caliber, either by designation or actual measurement, that is capable of being fired from a centerfire rifle. The term ".50 caliber cartridge" does not include any memorabilia or display item that is filled with a permanent inert substance or that is otherwise permanently altered in a manner that prevents ready modification for use as live ammunition or shotgun ammunition with a caliber measurement that is equal to or greater than .50 caliber.
(7) "Detachable magazine" means an ammunition feeding device that may be removed from a firearm without disassembly of the firearm action, including an ammunition feeding device that may be readily removed from a firearm with the use of a bullet, cartridge, accessory, or other tool, or any other object that functions as a tool, including a bullet or cartridge.
(8) "Fixed magazine" means an ammunition feeding device that is permanently attached to a firearm, or contained in and not removable from a firearm, or that is otherwise not a detachable magazine, but does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.
(b) Except as provided in subsections (c), (d), and (e), on or after January 10, 2023 (the effective date of Public Act 102-1116), it is unlawful for any person within this State to knowingly manufacture, deliver, sell, import, or purchase or cause to be manufactured, delivered, sold, imported, or purchased by another, an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge.
(c) Except as otherwise provided in subsection (d), beginning January 1, 2024, it is unlawful for any person within this State to knowingly possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge.
(d) This Section does not apply to a person's possession of an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge device if the person lawfully possessed that assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge prohibited by subsection (c) of this Section, if the person has provided in an endorsement affidavit, prior to January 1, 2024, under oath or affirmation and in the form and manner prescribed by the Illinois State Police, no later than October 1, 2023:
(1) the affiant's Firearm Owner's Identification Card
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|
(2) an affirmation that the affiant: (i) possessed an
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| assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge before January 10, 2023 (the effective date of Public Act 102-1116); or (ii) inherited the assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge from a person with an endorsement under this Section or from a person authorized under subdivisions (1) through (5) of subsection (e) to possess the assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge; and
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|
(3) the make, model, caliber, and serial number of
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| the .50 caliber rifle or assault weapon or assault weapons listed in paragraphs (J), (K), and (L) of subdivision (1) of subsection (a) of this Section possessed by the affiant prior to January 10, 2023 (the effective date of Public Act 102-1116) and any assault weapons identified and published by the Illinois State Police pursuant to this subdivision (3). No later than October 1, 2023, and every October 1 thereafter, the Illinois State Police shall, via rulemaking, identify, publish, and make available on its website, the list of assault weapons subject to an endorsement affidavit under this subsection (d). The list shall identify, but is not limited to, the copies, duplicates, variants, and altered facsimiles of the assault weapons identified in paragraphs (J), (K), and (L) of subdivision (1) of subsection (a) of this Section and shall be consistent with the definition of "assault weapon" identified in this Section. The Illinois State Police may adopt emergency rulemaking in accordance with Section 5-45 of the Illinois Administrative Procedure Act. The adoption of emergency rules authorized by Section 5-45 of the Illinois Administrative Procedure Act and this paragraph is deemed to be necessary for the public interest, safety, and welfare.
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|
The affidavit form shall include the following statement printed in bold type: "Warning: Entering false information on this form is punishable as perjury under Section 32-2 of the Criminal Code of 2012. Entering false information on this form is a violation of the Firearm Owners Identification Card Act."
In any administrative, civil, or criminal proceeding in this State, a completed endorsement affidavit submitted to the Illinois State Police by a person under this Section creates a rebuttable presumption that the person is entitled to possess and transport the assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge.
Beginning 90 days after January 10, 2023 (the effective date of Public Act 102-1116), a person authorized under this Section to possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge shall possess such items only:
(1) on private property owned or immediately
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| controlled by the person;
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|
(2) on private property that is not open to the
|
| public with the express permission of the person who owns or immediately controls such property;
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|
(3) while on the premises of a licensed firearms
|
| dealer or gunsmith for the purpose of lawful repair;
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|
(4) while engaged in the legal use of the assault
|
| weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge at a properly licensed firing range or sport shooting competition venue; or
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|
(5) while traveling to or from these locations,
|
| provided that the assault weapon, assault weapon attachment, or .50 caliber rifle is unloaded and the assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge is enclosed in a case, firearm carrying box, shipping box, or other container.
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|
Beginning on January 1, 2024, the person with the endorsement for an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge or a person authorized under subdivisions (1) through (5) of subsection (e) to possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge may transfer the assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge only to an heir, an individual residing in another state maintaining it in another state, or a dealer licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968. Within 10 days after transfer of the weapon except to an heir, the person shall notify the Illinois State Police of the name and address of the transferee and comply with the requirements of subsection (b) of Section 3 of the Firearm Owners Identification Card Act. The person to whom the weapon or ammunition is transferred shall, within 60 days of the transfer, complete an affidavit required under this Section. A person to whom the weapon is transferred may transfer it only as provided in this subsection.
Except as provided in subsection (e) and beginning on January 1, 2024, any person who moves into this State in possession of an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge shall, within 60 days, apply for a Firearm Owners Identification Card and complete an endorsement application as outlined in subsection (d).
Notwithstanding any other law, information contained in the endorsement affidavit shall be confidential, is exempt from disclosure under the Freedom of Information Act, and shall not be disclosed, except to law enforcement agencies acting in the performance of their duties.
(e) The provisions of this Section regarding the purchase or possession of assault weapons, assault weapon attachments, .50 caliber rifles, and .50 cartridges, as well as the provisions of this Section that prohibit causing those items to be purchased or possessed, do not apply to:
(1) Peace officers, as defined in Section 2-13 of
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|
(2) Qualified law enforcement officers and qualified
|
| retired law enforcement officers as defined in the Law Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B and 926C) and as recognized under Illinois law.
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|
(3) Acquisition and possession by a federal, State,
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| or local law enforcement agency for the purpose of equipping the agency's peace officers as defined in paragraph (1) or (2) of this subsection (e).
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|
(4) Wardens, superintendents, and keepers of prisons,
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| penitentiaries, jails, and other institutions for the detention of persons accused or convicted of an offense.
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|
(5) Members of the Armed Services or Reserve Forces
|
| of the United States or the Illinois National Guard, while performing their official duties or while traveling to or from their places of duty.
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|
(6) Any company that employs armed security officers
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| in this State at a nuclear energy, storage, weapons, or development site or facility regulated by the federal Nuclear Regulatory Commission and any person employed as an armed security force member at a nuclear energy, storage, weapons, or development site or facility regulated by the federal Nuclear Regulatory Commission who has completed the background screening and training mandated by the rules and regulations of the federal Nuclear Regulatory Commission and while performing official duties.
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|
(7) Any private security contractor agency licensed
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| under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 that employs private security contractors and any private security contractor who is licensed and has been issued a firearm control card under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 while performing official duties.
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|
The provisions of this Section do not apply to the manufacture, delivery, sale, import, purchase, or possession of an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge or causing the manufacture, delivery, sale, importation, purchase, or possession of those items:
(A) for sale or transfer to persons authorized under
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| subdivisions (1) through (7) of this subsection (e) to possess those items;
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|
(B) for sale or transfer to the United States or any
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| department or agency thereof; or
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|
(C) for sale or transfer in another state or for
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|
This Section does not apply to or affect any of the following:
(i) Possession of any firearm if that firearm is
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| sanctioned by the International Olympic Committee and by USA Shooting, the national governing body for international shooting competition in the United States, but only when the firearm is in the actual possession of an Olympic target shooting competitor or target shooting coach for the purpose of storage, transporting to and from Olympic target shooting practice or events if the firearm is broken down in a nonfunctioning state, is not immediately accessible, or is unloaded and enclosed in a firearm case, carrying box, shipping box, or other similar portable container designed for the safe transportation of firearms, and when the Olympic target shooting competitor or target shooting coach is engaging in those practices or events. For the purposes of this paragraph (8), "firearm" has the meaning provided in Section 1.1 of the Firearm Owners Identification Card Act.
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|
(ii) Any nonresident who transports, within 24 hours,
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| a weapon for any lawful purpose from any place where the nonresident may lawfully possess and carry that weapon to any other place where the nonresident may lawfully possess and carry that weapon if, during the transportation, the weapon is unloaded, and neither the weapon nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of the transporting vehicle. In the case of a vehicle without a compartment separate from the driver's compartment, the weapon or ammunition shall be contained in a locked container other than the glove compartment or console.
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|
(iii) Possession of a weapon at an event taking place
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| at the World Shooting and Recreational Complex at Sparta, only while engaged in the legal use of the weapon, or while traveling to or from that location if the weapon is broken down in a nonfunctioning state, is not immediately accessible, or is unloaded and enclosed in a firearm case, carrying box, shipping box, or other similar portable container designed for the safe transportation of firearms.
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|
(iv) Possession of a weapon only for hunting use
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| expressly permitted under the Wildlife Code, or while traveling to or from a location authorized for this hunting use under the Wildlife Code if the weapon is broken down in a nonfunctioning state, is not immediately accessible, or is unloaded and enclosed in a firearm case, carrying box, shipping box, or other similar portable container designed for the safe transportation of firearms. By October 1, 2023, the Illinois State Police, in consultation with the Department of Natural Resources, shall adopt rules concerning the list of applicable weapons approved under this subparagraph (iv). The Illinois State Police may adopt emergency rules in accordance with Section 5-45 of the Illinois Administrative Procedure Act. The adoption of emergency rules authorized by Section 5-45 of the Illinois Administrative Procedure Act and this paragraph is deemed to be necessary for the public interest, safety, and welfare.
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|
(v) The manufacture, transportation, possession,
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| sale, or rental of blank-firing assault weapons and .50 caliber rifles, or the weapon's respective attachments, to persons authorized or permitted, or both authorized and permitted, to acquire and possess these weapons or attachments for the purpose of rental for use solely as props for a motion picture, television, or video production or entertainment event.
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|
Any person not subject to this Section may submit an endorsement affidavit if the person chooses.
(f) Any sale or transfer with a background check initiated to the Illinois State Police on or before January 10, 2023 (the effective date of Public Act 102-1116) is allowed to be completed after January 10, 2023 once an approval is issued by the Illinois State Police and any applicable waiting period under Section 24-3 has expired.
(g) The Illinois State Police shall take all steps necessary to carry out the requirements of this Section by October 1, 2023.
(h) The Illinois State Police shall also develop and implement a public notice and public outreach campaign to promote awareness about the provisions of Public Act 102-1116 and to increase compliance with this Section.
(Source: P.A. 102-1116, eff. 1-10-23; 103-605, eff. 7-1-24.)
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(720 ILCS 5/24-1.10) Sec. 24-1.10. Manufacture, delivery, sale, and possession of large capacity ammunition feeding devices. (a) In this Section: "Handgun" has the meaning ascribed to it in the Firearm Concealed Carry Act. "Long gun" means a rifle or shotgun. "Large capacity ammunition feeding device" means: (1) a magazine, belt, drum, feed strip, or similar |
| device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition for long guns and more than 15 rounds of ammunition for handguns; or
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|
(2) any combination of parts from which a device
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| described in paragraph (1) can be assembled.
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|
"Large capacity ammunition feeding device" does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition. "Large capacity ammunition feeding device" does not include a tubular magazine that is contained in a lever-action firearm or any device that has been made permanently inoperable.
(b) Except as provided in subsections (e) and (f), it is unlawful for any person within this State to knowingly manufacture, deliver, sell, purchase, or cause to be manufactured, delivered, sold, or purchased a large capacity ammunition feeding device.
(c) Except as provided in subsections (d), (e), and (f), and beginning 90 days after January 10, 2023 (the effective date of Public Act 102-1116), it is unlawful to knowingly possess a large capacity ammunition feeding device.
(d) Subsection (c) does not apply to a person's possession of a large capacity ammunition feeding device if the person lawfully possessed that large capacity ammunition feeding device before January 10, 2023 (the effective date of Public Act 102-1116), provided that the person shall possess such device only:
(1) on private property owned or immediately
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| controlled by the person;
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|
(2) on private property that is not open to the
|
| public with the express permission of the person who owns or immediately controls such property;
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|
(3) while on the premises of a licensed firearms
|
| dealer or gunsmith for the purpose of lawful repair;
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|
(4) while engaged in the legal use of the large
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| capacity ammunition feeding device at a properly licensed firing range or sport shooting competition venue; or
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|
(5) while traveling to or from these locations,
|
| provided that the large capacity ammunition feeding device is stored unloaded and enclosed in a case, firearm carrying box, shipping box, or other container.
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|
A person authorized under this Section to possess a large capacity ammunition feeding device may transfer the large capacity ammunition feeding device only to an heir, an individual residing in another state maintaining it in another state, or a dealer licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968. Within 10 days after transfer of the large capacity ammunition feeding device except to an heir, the person shall notify the Illinois State Police of the name and address of the transferee and comply with the requirements of subsection (b) of Section 3 of the Firearm Owners Identification Card Act. The person to whom the large capacity ammunition feeding device is transferred shall, within 60 days of the transfer, notify the Illinois State Police of the person's acquisition and comply with the requirements of subsection (b) of Section 3 of the Firearm Owners Identification Card Act. A person to whom the large capacity ammunition feeding device is transferred may transfer it only as provided in this subsection.
Except as provided in subsections (e) and (f) and beginning 90 days after January 10, 2023 (the effective date of Public Act 102-1116), any person who moves into this State in possession of a large capacity ammunition feeding device shall, within 60 days, apply for a Firearm Owners Identification Card.
(e) The provisions of this Section regarding the purchase or possession of large capacity ammunition feeding devices, as well as the provisions of this Section that prohibit causing those items to be purchased or possessed, do not apply to:
(1) Peace officers as defined in Section 2-13 of this
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|
(2) Qualified law enforcement officers and qualified
|
| retired law enforcement officers as defined in the Law Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B and 926C) and as recognized under Illinois law.
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|
(3) A federal, State, or local law enforcement agency
|
| for the purpose of equipping the agency's peace officers as defined in paragraph (1) or (2) of this subsection (e).
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|
(4) Wardens, superintendents, and keepers of prisons,
|
| penitentiaries, jails, and other institutions for the detention of persons accused or convicted of an offense.
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|
(5) Members of the Armed Services or Reserve Forces
|
| of the United States or the Illinois National Guard, while performing their official duties or while traveling to or from their places of duty.
|
|
(6) Any company that employs armed security officers
|
| in this State at a nuclear energy, storage, weapons, or development site or facility regulated by the federal Nuclear Regulatory Commission and any person employed as an armed security force member at a nuclear energy, storage, weapons, or development site or facility regulated by the federal Nuclear Regulatory Commission who has completed the background screening and training mandated by the rules and regulations of the federal Nuclear Regulatory Commission and while performing official duties.
|
|
(7) Any private security contractor agency licensed
|
| under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 that employs private security contractors and any private security contractor who is licensed and has been issued a firearm control card under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 while performing official duties.
|
|
(f) This Section does not apply to or affect any of the following:
(1) Manufacture, delivery, sale, importation,
|
| purchase, or possession or causing to be manufactured, delivered, sold, imported, purchased, or possessed a large capacity ammunition feeding device:
|
|
(A) for sale or transfer to persons authorized
|
| under subdivisions (1) through (7) of subsection (e) to possess those items;
|
|
(B) for sale or transfer to the United States or
|
| any department or agency thereof; or
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|
(C) for sale or transfer in another state or for
|
|
(2) Sale or rental of large capacity ammunition
|
| feeding devices for blank-firing assault weapons and .50 caliber rifles, to persons authorized or permitted, or both authorized and permitted, to acquire these devices for the purpose of rental for use solely as props for a motion picture, television, or video production or entertainment event.
|
|
(g) Sentence. A person who knowingly manufactures, delivers, sells, purchases, possesses, or causes to be manufactured, delivered, sold, possessed, or purchased in violation of this Section a large capacity ammunition feeding device capable of holding more than 10 rounds of ammunition for long guns or more than 15 rounds of ammunition for handguns commits a petty offense with a fine of $1,000 for each violation.
(h) The Illinois State Police shall also develop and implement a public notice and public outreach campaign to promote awareness about the provisions of Public Act 102-1116 and to increase compliance with this Section.
(Source: P.A. 102-1116, eff. 1-10-23; 103-605, eff. 7-1-24.)
|
(720 ILCS 5/24-2)
Sec. 24-2. Exemptions.
(a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of the following:
(1) Peace officers, and any person summoned by a |
| peace officer to assist in making arrests or preserving the peace, while actually engaged in assisting such officer.
|
|
(2) Wardens, superintendents and keepers of prisons,
|
| penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense, while in the performance of their official duty, or while commuting between their homes and places of employment.
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|
(3) Members of the Armed Services or Reserve Forces
|
| of the United States or the Illinois National Guard or the Reserve Officers Training Corps, while in the performance of their official duty.
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|
(4) Special agents employed by a railroad or a public
|
| utility to perform police functions, and guards of armored car companies, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment; and watchmen while actually engaged in the performance of the duties of their employment.
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|
(5) Persons licensed as private security contractors,
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| private detectives, or private alarm contractors, or employed by a private security contractor, private detective, or private alarm contractor agency licensed by the Department of Financial and Professional Regulation, if their duties include the carrying of a weapon under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment. A person shall be considered eligible for this exemption if he or she has completed the required 20 hours of training for a private security contractor, private detective, or private alarm contractor, or employee of a licensed private security contractor, private detective, or private alarm contractor agency and 28 hours of required firearm training, and has been issued a firearm control card by the Department of Financial and Professional Regulation. Conditions for the renewal of firearm control cards issued under the provisions of this Section shall be the same as for those cards issued under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. The firearm control card shall be carried by the private security contractor, private detective, or private alarm contractor, or employee of the licensed private security contractor, private detective, or private alarm contractor agency at all times when he or she is in possession of a concealable weapon permitted by his or her firearm control card.
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|
(6) Any person regularly employed in a commercial or
|
| industrial operation as a security guard for the protection of persons employed and private property related to such commercial or industrial operation, while actually engaged in the performance of his or her duty or traveling between sites or properties belonging to the employer, and who, as a security guard, is a member of a security force registered with the Department of Financial and Professional Regulation; provided that such security guard has successfully completed a course of study, approved by and supervised by the Department of Financial and Professional Regulation, consisting of not less than 48 hours of training that includes the theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 28 hours of required firearm training, and has been issued a firearm control card by the Department of Financial and Professional Regulation. Conditions for the renewal of firearm control cards issued under the provisions of this Section shall be the same as for those cards issued under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. The firearm control card shall be carried by the security guard at all times when he or she is in possession of a concealable weapon permitted by his or her firearm control card.
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|
(7) Agents and investigators of the Illinois
|
| Legislative Investigating Commission authorized by the Commission to carry the weapons specified in subsections 24-1(a)(3) and 24-1(a)(4), while on duty in the course of any investigation for the Commission.
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|
(8) Persons employed by a financial institution as a
|
| security guard for the protection of other employees and property related to such financial institution, while actually engaged in the performance of their duties, commuting between their homes and places of employment, or traveling between sites or properties owned or operated by such financial institution, and who, as a security guard, is a member of a security force registered with the Department; provided that any person so employed has successfully completed a course of study, approved by and supervised by the Department of Financial and Professional Regulation, consisting of not less than 48 hours of training which includes theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered to be eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 28 hours of required firearm training, and has been issued a firearm control card by the Department of Financial and Professional Regulation. Conditions for renewal of firearm control cards issued under the provisions of this Section shall be the same as for those issued under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. The firearm control card shall be carried by the security guard at all times when he or she is in possession of a concealable weapon permitted by his or her firearm control card. For purposes of this subsection, "financial institution" means a bank, savings and loan association, credit union or company providing armored car services.
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|
(9) Any person employed by an armored car company to
|
| drive an armored car, while actually engaged in the performance of his duties.
|
|
(10) Persons who have been classified as peace
|
| officers pursuant to the Peace Officer Fire Investigation Act.
|
|
(11) Investigators of the Office of the State's
|
| Attorneys Appellate Prosecutor authorized by the board of governors of the Office of the State's Attorneys Appellate Prosecutor to carry weapons pursuant to Section 7.06 of the State's Attorneys Appellate Prosecutor's Act.
|
|
(12) Special investigators appointed by a State's
|
| Attorney under Section 3-9005 of the Counties Code.
|
|
(12.5) Probation officers while in the performance of
|
| their duties, or while commuting between their homes, places of employment or specific locations that are part of their assigned duties, with the consent of the chief judge of the circuit for which they are employed, if they have received weapons training according to requirements of the Peace Officer and Probation Officer Firearm Training Act.
|
|
(13) Court Security Officers while in the performance
|
| of their official duties, or while commuting between their homes and places of employment, with the consent of the Sheriff.
|
|
(13.5) A person employed as an armed security guard
|
| at a nuclear energy, storage, weapons or development site or facility regulated by the Nuclear Regulatory Commission who has completed the background screening and training mandated by the rules and regulations of the Nuclear Regulatory Commission.
|
|
(14) Manufacture, transportation, or sale of weapons
|
| to persons authorized under subdivisions (1) through (13.5) of this subsection to possess those weapons.
|
|
(a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply to
or affect any person carrying a concealed pistol, revolver, or handgun and the person has been issued a currently valid license under the Firearm Concealed Carry Act at the time of the commission of the offense.
(a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply to
or affect a qualified current or retired law enforcement officer or a current or retired deputy, county correctional officer, or correctional officer of the Department of Corrections qualified under the laws of this State or under the federal Law Enforcement Officers Safety Act.
(b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 24-1.6 do not
apply to or affect
any of the following:
(1) Members of any club or organization organized for
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| the purpose of practicing shooting at targets upon established target ranges, whether public or private, and patrons of such ranges, while such members or patrons are using their firearms on those target ranges.
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|
(2) Duly authorized military or civil organizations
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| while parading, with the special permission of the Governor.
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|
(3) Hunters, trappers, or fishermen while engaged in
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| lawful hunting, trapping, or fishing under the provisions of the Wildlife Code or the Fish and Aquatic Life Code.
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|
(4) Transportation of weapons that are broken down in
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| a non-functioning state or are not immediately accessible.
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|
(5) Carrying or possessing any pistol, revolver, stun
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| gun or taser or other firearm on the land or in the legal dwelling of another person as an invitee with that person's permission.
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|
(c) Subsection 24-1(a)(7) does not apply to or affect any of the
following:
(1) Peace officers while in performance of their
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|
(2) Wardens, superintendents and keepers of prisons,
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| penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense.
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|
(3) Members of the Armed Services or Reserve Forces
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| of the United States or the Illinois National Guard, while in the performance of their official duty.
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|
(4) Manufacture, transportation, or sale of machine
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| guns to persons authorized under subdivisions (1) through (3) of this subsection to possess machine guns, if the machine guns are broken down in a non-functioning state or are not immediately accessible.
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|
(5) Persons licensed under federal law to manufacture
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| any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, or ammunition for such weapons, and actually engaged in the business of manufacturing such weapons or ammunition, but only with respect to activities which are within the lawful scope of such business, such as the manufacture, transportation, or testing of such weapons or ammunition. This exemption does not authorize the general private possession of any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, but only such possession and activities as are within the lawful scope of a licensed manufacturing business described in this paragraph.
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|
During transportation, such weapons shall be broken
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| down in a non-functioning state or not immediately accessible.
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|
(6) The manufacture, transport, testing, delivery,
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| transfer or sale, and all lawful commercial or experimental activities necessary thereto, of rifles, shotguns, and weapons made from rifles or shotguns, or ammunition for such rifles, shotguns or weapons, where engaged in by a person operating as a contractor or subcontractor pursuant to a contract or subcontract for the development and supply of such rifles, shotguns, weapons or ammunition to the United States government or any branch of the Armed Forces of the United States, when such activities are necessary and incident to fulfilling the terms of such contract.
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|
The exemption granted under this subdivision (c)(6)
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| shall also apply to any authorized agent of any such contractor or subcontractor who is operating within the scope of his employment, where such activities involving such weapon, weapons or ammunition are necessary and incident to fulfilling the terms of such contract.
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|
(7) A person possessing a rifle with a barrel or
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| barrels less than 16 inches in length if: (A) the person has been issued a Curios and Relics license from the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) the person is an active member of a bona fide, nationally recognized military re-enacting group and the modification is required and necessary to accurately portray the weapon for historical re-enactment purposes; the re-enactor is in possession of a valid and current re-enacting group membership credential; and the overall length of the weapon as modified is not less than 26 inches.
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|
(d) Subsection 24-1(a)(1) does not apply to the purchase, possession
or carrying of a black-jack or slung-shot by a peace officer.
(e) Subsection 24-1(a)(8) does not apply to any owner, manager or
authorized employee of any place specified in that subsection nor to any
law enforcement officer.
(f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and Section 24-1.6
do not apply
to members of any club or organization organized for the purpose of practicing
shooting at targets upon established target ranges, whether public or private,
while using their firearms on those target ranges.
(g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply to:
(1) Members of the Armed Services or Reserve Forces
|
| of the United States or the Illinois National Guard, while in the performance of their official duty.
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|
(2) Bonafide collectors of antique or surplus
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|
(3) Laboratories having a department of forensic
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| ballistics, or specializing in the development of ammunition or explosive ordnance.
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|
(4) Commerce, preparation, assembly or possession of
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| explosive bullets by manufacturers of ammunition licensed by the federal government, in connection with the supply of those organizations and persons exempted by subdivision (g)(1) of this Section, or like organizations and persons outside this State, or the transportation of explosive bullets to any organization or person exempted in this Section by a common carrier or by a vehicle owned or leased by an exempted manufacturer.
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|
(g-5) Subsection 24-1(a)(6) does not apply to or affect persons licensed
under federal law to manufacture any device or attachment of any kind designed,
used, or intended for use in silencing the report of any firearm, firearms, or
ammunition
for those firearms equipped with those devices, and actually engaged in the
business of manufacturing those devices, firearms, or ammunition, but only with
respect to
activities that are within the lawful scope of that business, such as the
manufacture, transportation, or testing of those devices, firearms, or
ammunition. This
exemption does not authorize the general private possession of any device or
attachment of any kind designed, used, or intended for use in silencing the
report of any firearm, but only such possession and activities as are within
the
lawful scope of a licensed manufacturing business described in this subsection
(g-5). During transportation, these devices shall be detached from any weapon
or
not immediately accessible.
(g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 do not apply to
or affect any parole agent or parole supervisor who meets the qualifications and conditions prescribed in Section 3-14-1.5 of the Unified Code of Corrections.
(g-7) Subsection 24-1(a)(6) does not apply to a peace officer while serving as a member of a tactical response team or special operations team. A peace officer may not personally own or apply for ownership of a device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm. These devices shall be owned and maintained by lawfully recognized units of government whose duties include the investigation of criminal acts.
(g-10) (Blank).
(h) An information or indictment based upon a violation of any
subsection of this Article need not negative any exemptions contained in
this Article. The defendant shall have the burden of proving such an
exemption.
(i) Nothing in this Article shall prohibit, apply to, or affect
the transportation, carrying, or possession, of any pistol or revolver,
stun gun, taser, or other firearm consigned to a common carrier operating
under license of the State of Illinois or the federal government, where
such transportation, carrying, or possession is incident to the lawful
transportation in which such common carrier is engaged; and nothing in this
Article shall prohibit, apply to, or affect the transportation, carrying,
or possession of any pistol, revolver, stun gun, taser, or other firearm,
not the subject of and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of this Article, which is unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container, by the possessor of a valid
Firearm Owners Identification Card.
(Source: P.A. 102-152, eff. 1-1-22; 102-779, eff. 1-1-23; 102-837, eff. 5-13-22; 103-154, eff. 6-30-23.)
|
(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
Sec. 24-3. Unlawful sale or delivery of firearms.
(A) A person commits the offense of unlawful sale or delivery of firearms when he
or she knowingly does any of the following:
(a) Sells or gives any firearm of a size which may be |
| concealed upon the person to any person under 18 years of age.
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|
(b) Sells or gives any firearm to a person under 21
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| years of age who has been convicted of a misdemeanor other than a traffic offense or adjudged delinquent.
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|
(c) Sells or gives any firearm to any narcotic addict.
(d) Sells or gives any firearm to any person who has
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| been convicted of a felony under the laws of this or any other jurisdiction.
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|
(e) Sells or gives any firearm to any person who has
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| been a patient in a mental institution within the past 5 years. In this subsection (e):
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|
"Mental institution" means any hospital,
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| institution, clinic, evaluation facility, mental health center, or part thereof, which is used primarily for the care or treatment of persons with mental illness.
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|
"Patient in a mental institution" means the
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| person was admitted, either voluntarily or involuntarily, to a mental institution for mental health treatment, unless the treatment was voluntary and solely for an alcohol abuse disorder and no other secondary substance abuse disorder or mental illness.
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|
(f) Sells or gives any firearms to any person who is
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| a person with an intellectual disability.
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|
(g) Delivers any firearm, incidental to a sale,
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| without withholding delivery of the firearm for at least 72 hours after application for its purchase has been made, or delivers a stun gun or taser, incidental to a sale, without withholding delivery of the stun gun or taser for at least 24 hours after application for its purchase has been made. However, this paragraph (g) does not apply to: (1) the sale of a firearm to a law enforcement officer if the seller of the firearm knows that the person to whom he or she is selling the firearm is a law enforcement officer or the sale of a firearm to a person who desires to purchase a firearm for use in promoting the public interest incident to his or her employment as a bank guard, armed truck guard, or other similar employment; (2) a mail order sale of a firearm from a federally licensed firearms dealer to a nonresident of Illinois under which the firearm is mailed to a federally licensed firearms dealer outside the boundaries of Illinois; (3) (blank); (4) the sale of a firearm to a dealer licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or sale of any rifle, shotgun, or other long gun to a resident registered competitor or attendee or non-resident registered competitor or attendee by any dealer licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 at competitive shooting events held at the World Shooting Complex sanctioned by a national governing body. For purposes of transfers or sales under subparagraph (5) of this paragraph (g), the Department of Natural Resources shall give notice to the Illinois State Police at least 30 calendar days prior to any competitive shooting events at the World Shooting Complex sanctioned by a national governing body. The notification shall be made on a form prescribed by the Illinois State Police. The sanctioning body shall provide a list of all registered competitors and attendees at least 24 hours before the events to the Illinois State Police. Any changes to the list of registered competitors and attendees shall be forwarded to the Illinois State Police as soon as practicable. The Illinois State Police must destroy the list of registered competitors and attendees no later than 30 days after the date of the event. Nothing in this paragraph (g) relieves a federally licensed firearm dealer from the requirements of conducting a NICS background check through the Illinois Point of Contact under 18 U.S.C. 922(t). For purposes of this paragraph (g), "application" means when the buyer and seller reach an agreement to purchase a firearm. For purposes of this paragraph (g), "national governing body" means a group of persons who adopt rules and formulate policy on behalf of a national firearm sporting organization.
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|
(h) While holding any license as a dealer, importer,
|
| manufacturer or pawnbroker under the federal Gun Control Act of 1968, manufactures, sells or delivers to any unlicensed person a handgun having a barrel, slide, frame or receiver which is a die casting of zinc alloy or any other nonhomogeneous metal which will melt or deform at a temperature of less than 800 degrees Fahrenheit. For purposes of this paragraph, (1) "firearm" is defined as in the Firearm Owners Identification Card Act; and (2) "handgun" is defined as a firearm designed to be held and fired by the use of a single hand, and includes a combination of parts from which such a firearm can be assembled.
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|
(i) Sells or gives a firearm of any size to any
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| person under 18 years of age who does not possess a valid Firearm Owner's Identification Card.
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|
(j) Sells or gives a firearm while engaged in the
|
| business of selling firearms at wholesale or retail without being licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923). In this paragraph (j):
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|
A person "engaged in the business" means a person who
|
| devotes time, attention, and labor to engaging in the activity as a regular course of trade or business with the principal objective of livelihood and profit, but does not include a person who makes occasional repairs of firearms or who occasionally fits special barrels, stocks, or trigger mechanisms to firearms.
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|
"With the principal objective of livelihood and
|
| profit" means that the intent underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms collection; however, proof of profit shall not be required as to a person who engages in the regular and repetitive purchase and disposition of firearms for criminal purposes or terrorism.
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|
(k) Sells or transfers ownership of a firearm to a
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| person who does not display to the seller or transferor of the firearm either: (1) a currently valid Firearm Owner's Identification Card that has previously been issued in the transferee's name by the Illinois State Police under the provisions of the Firearm Owners Identification Card Act; or (2) a currently valid license to carry a concealed firearm that has previously been issued in the transferee's name by the Illinois State Police under the Firearm Concealed Carry Act. This paragraph (k) does not apply to the transfer of a firearm to a person who is exempt from the requirement of possessing a Firearm Owner's Identification Card under Section 2 of the Firearm Owners Identification Card Act. For the purposes of this Section, a currently valid Firearm Owner's Identification Card or license to carry a concealed firearm means receipt of an approval number issued in accordance with subsection (a-10) of Section 3 or Section 3.1 of the Firearm Owners Identification Card Act.
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|
(1) In addition to the other requirements of this
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| paragraph (k), all persons who are not federally licensed firearms dealers must also have complied with subsection (a-10) of Section 3 of the Firearm Owners Identification Card Act by determining the validity of a purchaser's Firearm Owner's Identification Card.
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|
(2) All sellers or transferors who have complied
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| with the requirements of subparagraph (1) of this paragraph (k) shall not be liable for damages in any civil action arising from the use or misuse by the transferee of the firearm transferred, except for willful or wanton misconduct on the part of the seller or transferor.
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|
(l) Not being entitled to the possession of a
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| firearm, delivers the firearm, knowing it to have been stolen or converted. It may be inferred that a person who possesses a firearm with knowledge that its serial number has been removed or altered has knowledge that the firearm is stolen or converted.
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|
(B) Paragraph (h) of subsection (A) does not include firearms sold within 6
months after enactment of Public
Act 78-355 (approved August 21, 1973, effective October 1, 1973), nor is any
firearm legally owned or
possessed by any citizen or purchased by any citizen within 6 months after the
enactment of Public Act 78-355 subject
to confiscation or seizure under the provisions of that Public Act. Nothing in
Public Act 78-355 shall be construed to prohibit the gift or trade of
any firearm if that firearm was legally held or acquired within 6 months after
the enactment of that Public Act.
(C) Sentence.
(1) Any person convicted of unlawful sale or delivery
|
| of firearms in violation of paragraph (c), (e), (f), (g), or (h) of subsection (A) commits a Class 4 felony.
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|
(2) Any person convicted of unlawful sale or delivery
|
| of firearms in violation of paragraph (b) or (i) of subsection (A) commits a Class 3 felony.
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|
(3) Any person convicted of unlawful sale or delivery
|
| of firearms in violation of paragraph (a) of subsection (A) commits a Class 2 felony.
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|
(4) Any person convicted of unlawful sale or delivery
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| of firearms in violation of paragraph (a), (b), or (i) of subsection (A) in any school, on the real property comprising a school, within 1,000 feet of the real property comprising a school, at a school related activity, or on or within 1,000 feet of any conveyance owned, leased, or contracted by a school or school district to transport students to or from school or a school related activity, regardless of the time of day or time of year at which the offense was committed, commits a Class 1 felony. Any person convicted of a second or subsequent violation of unlawful sale or delivery of firearms in violation of paragraph (a), (b), or (i) of subsection (A) in any school, on the real property comprising a school, within 1,000 feet of the real property comprising a school, at a school related activity, or on or within 1,000 feet of any conveyance owned, leased, or contracted by a school or school district to transport students to or from school or a school related activity, regardless of the time of day or time of year at which the offense was committed, commits a Class 1 felony for which the sentence shall be a term of imprisonment of no less than 5 years and no more than 15 years.
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|
(5) Any person convicted of unlawful sale or delivery
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| of firearms in violation of paragraph (a) or (i) of subsection (A) in residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, in a public park, in a courthouse, on residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, on the real property comprising any public park, on the real property comprising any courthouse, or on any public way within 1,000 feet of the real property comprising any public park, courthouse, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development commits a Class 2 felony.
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|
(6) Any person convicted of unlawful sale or delivery
|
| of firearms in violation of paragraph (j) of subsection (A) commits a Class A misdemeanor. A second or subsequent violation is a Class 4 felony.
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|
(7) Any person convicted of unlawful sale or delivery
|
| of firearms in violation of paragraph (k) of subsection (A) commits a Class 4 felony, except that a violation of subparagraph (1) of paragraph (k) of subsection (A) shall not be punishable as a crime or petty offense. A third or subsequent conviction for a violation of paragraph (k) of subsection (A) is a Class 1 felony.
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|
(8) A person 18 years of age or older convicted of
|
| unlawful sale or delivery of firearms in violation of paragraph (a) or (i) of subsection (A), when the firearm that was sold or given to another person under 18 years of age was used in the commission of or attempt to commit a forcible felony, shall be fined or imprisoned, or both, not to exceed the maximum provided for the most serious forcible felony so committed or attempted by the person under 18 years of age who was sold or given the firearm.
|
|
(9) Any person convicted of unlawful sale or
|
| delivery of firearms in violation of paragraph (d) of subsection (A) commits a Class 3 felony.
|
|
(10) Any person convicted of unlawful sale or
|
| delivery of firearms in violation of paragraph (l) of subsection (A) commits a Class 2 felony if the delivery is of one firearm. Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (l) of subsection (A) commits a Class 1 felony if the delivery is of not less than 2 and not more than 5 firearms at the same time or within a one-year period. Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (l) of subsection (A) commits a Class X felony for which he or she shall be sentenced to a term of imprisonment of not less than 6 years and not more than 30 years if the delivery is of not less than 6 and not more than 10 firearms at the same time or within a 2-year period. Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (l) of subsection (A) commits a Class X felony for which he or she shall be sentenced to a term of imprisonment of not less than 6 years and not more than 40 years if the delivery is of not less than 11 and not more than 20 firearms at the same time or within a 3-year period. Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (l) of subsection (A) commits a Class X felony for which he or she shall be sentenced to a term of imprisonment of not less than 6 years and not more than 50 years if the delivery is of not less than 21 and not more than 30 firearms at the same time or within a 4-year period. Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (l) of subsection (A) commits a Class X felony for which he or she shall be sentenced to a term of imprisonment of not less than 6 years and not more than 60 years if the delivery is of 31 or more firearms at the same time or within a 5-year period.
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|
(D) For purposes of this Section:
"School" means a public or private elementary or secondary school,
community college, college, or university.
"School related activity" means any sporting, social, academic, or
other activity for which students' attendance or participation is sponsored,
organized, or funded in whole or in part by a school or school district.
(E) A prosecution for a violation of paragraph (k) of subsection (A) of this Section may be commenced within 6 years after the commission of the offense. A prosecution for a violation of this Section other than paragraph (g) of subsection (A) of this Section may be commenced within 5 years after the commission of the offense defined in the particular paragraph.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
|
(720 ILCS 5/24-5.1) Sec. 24-5.1. Serialization of unfinished frames or receivers; prohibition on unserialized firearms; exceptions; penalties. (a) In this Section: "Bona fide supplier" means an established business entity engaged in the development and sale of firearms parts to one or more federal firearms manufacturers or federal firearms importers. "Federal firearms dealer" means a licensed manufacturer pursuant to 18 U.S.C. 921(a)(11). "Federal firearms importer" means a licensed importer pursuant to 18 U.S.C. 921(a)(9). "Federal firearms manufacturer" means a licensed manufacturer pursuant to 18 U.S.C. 921(a)(10). "Frame or receiver" means a part of a firearm that, when the complete weapon is assembled, is visible from the exterior and provides housing or a structure designed to hold or integrate one or more fire control components, even if pins or other attachments are required to connect those components to the housing or structure. For models of firearms in which multiple parts provide such housing or structure, the part or parts that the Director of the federal Bureau of Alcohol, Tobacco, Firearms and Explosives has determined are a frame or receiver constitute the frame or receiver. For purposes of this definition, "fire control component" means a component necessary for the firearm to initiate, complete, or continue the firing sequence, including any of the following: hammer, bolt, bolt carrier, breechblock, cylinder, trigger mechanism, firing pin, striker, or slide rails. "Security exemplar" means an object to be fabricated at the direction of the United States Attorney General that is (1) constructed of 3.7 ounces of material type 17-4 PH stainless steel in a shape resembling a handgun and (2) suitable for testing and calibrating metal detectors. "Three-dimensional printer" means a computer or computer-drive machine capable of producing a three-dimensional object from a digital model. "Undetectable firearm" means (1) a firearm constructed entirely of non-metal substances; (2) a firearm that, after removal of all parts but the major components of the firearm, is not detectable by walk-through metal detectors calibrated and operated to detect the security exemplar; or (3) a firearm that includes a major component of a firearm, which, if subject to the types of detection devices commonly used at airports for security screening, would not generate an image that accurately depicts the shape of the component. "Undetectable firearm" does not include a firearm subject to the provisions of 18 U.S.C. 922(p)(3) through (6). "Unfinished frame or receiver" means any forging, casting, printing, extrusion, machined body, or similar article that: (1) has reached a stage in manufacture where it may |
| readily be completed, assembled, or converted to be a functional firearm; or
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|
(2) is marketed or sold to the public to become or be
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| used as the frame or receiver of a functional firearm once completed, assembled, or converted.
|
|
"Unserialized" means lacking a serial number imprinted by:
(1) a federal firearms manufacturer, federal firearms
|
| importer, federal firearms dealer, or other federal licensee authorized to provide marking services, pursuant to a requirement under federal law; or
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|
(2) a federal firearms dealer or other federal
|
| licensee authorized to provide marking services pursuant to subsection (f) of this Section.
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|
(b) It is unlawful for any person to knowingly sell, offer to sell, or transfer an unserialized unfinished frame or receiver or unserialized firearm, including those produced using a three-dimensional printer, unless the party purchasing or receiving the unfinished frame or receiver or unserialized firearm is a federal firearms importer, federal firearms manufacturer, or federal firearms dealer.
(c) Beginning 180 days after May 18, 2022 (the effective date of Public Act 102-889), it is unlawful for any person to knowingly possess, transport, or receive an unfinished frame or receiver, unless:
(1) the party possessing or receiving the unfinished
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| frame or receiver is a federal firearms importer or federal firearms manufacturer;
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|
(2) the unfinished frame or receiver is possessed or
|
| transported by a person for transfer to a federal firearms importer or federal firearms manufacturer; or
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|
(3) the unfinished frame or receiver has been
|
| imprinted with a serial number issued by a federal firearms importer or federal firearms manufacturer in compliance with subsection (f) of this Section.
|
|
(d) Beginning 180 days after May 18, 2022 (the effective date of Public Act 102-889), unless the party receiving the firearm is a federal firearms importer or federal firearms manufacturer, it is unlawful for any person to knowingly possess, purchase, transport, or receive a firearm that is not imprinted with a serial number by (1) a federal firearms importer or federal firearms manufacturer in compliance with all federal laws and regulations regulating the manufacture and import of firearms or (2) a federal firearms manufacturer, federal firearms dealer, or other federal licensee authorized to provide marking services in compliance with the unserialized firearm serialization process under subsection (f) of this Section.
(e) Any firearm or unfinished frame or receiver manufactured using a three-dimensional printer must also be serialized in accordance with the requirements of subsection (f) within 30 days after May 18, 2022 (the effective date of Public Act 102-889), or prior to reaching a stage of manufacture where it may be readily completed, assembled, or converted to be a functional firearm.
(f) Unserialized unfinished frames or receivers and unserialized firearms serialized pursuant to this Section shall be serialized in compliance with all of the following:
(1) An unserialized unfinished frame or receiver and
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| unserialized firearm shall be serialized by a federally licensed firearms dealer or other federal licensee authorized to provide marking services with the licensee's abbreviated federal firearms license number as a prefix (which is the first 3 and last 5 digits) followed by a hyphen, and then followed by a number as a suffix, such as 12345678-(number). The serial number or numbers must be placed in a manner that accords with the requirements under federal law for affixing serial numbers to firearms, including the requirements that the serial number or numbers be at the minimum size and depth, and not susceptible to being readily obliterated, altered, or removed, and the licensee must retain records that accord with the requirements under federal law in the case of the sale of a firearm. The imprinting of any serial number upon an undetectable firearm must be done on a steel plaque in compliance with 18 U.S.C. 922(p).
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|
(2) Every federally licensed firearms dealer or other
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| federal licensee that engraves, casts, stamps, or otherwise conspicuously and permanently places a unique serial number pursuant to this Section shall maintain a record of such indefinitely. Licensees subject to the Firearm Dealer License Certification Act shall make all records accessible for inspection upon the request of the Illinois State Police or a law enforcement agency in accordance with Section 5-35 of the Firearm Dealer License Certification Act.
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|
(3) Every federally licensed firearms dealer or other
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| federal licensee that engraves, casts, stamps, or otherwise conspicuously and permanently places a unique serial number pursuant to this Section shall record it at the time of every transaction involving the transfer of a firearm, rifle, shotgun, finished frame or receiver, or unfinished frame or receiver that has been so marked in compliance with the federal guidelines set forth in 27 CFR 478.124.
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|
(4) Every federally licensed firearms dealer or other
|
| federal licensee that engraves, casts, stamps, or otherwise conspicuously and permanently places a unique serial number pursuant to this Section shall review and confirm the validity of the owner's Firearm Owner's Identification Card issued under the Firearm Owners Identification Card Act prior to returning the firearm to the owner.
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|
(g) Within 30 days after May 18, 2022 (the effective date of Public Act 102-889), the Director of the Illinois State Police shall issue a public notice regarding the provisions of this Section. The notice shall include posting on the Illinois State Police website and may include written notification or any other means of communication statewide to all Illinois-based federal firearms manufacturers, federal firearms dealers, or other federal licensees authorized to provide marking services in compliance with the serialization process in subsection (f) in order to educate the public.
(h) Exceptions. This Section does not apply to an unserialized unfinished frame or receiver or an unserialized firearm that:
(1) has been rendered permanently inoperable;
(2) is an antique firearm, as defined in 18 U.S.C.
|
|
(3) was manufactured prior to October 22, 1968;
(4) is an unfinished frame or receiver and is
|
| possessed by a bona fide supplier exclusively for transfer to a federal firearms manufacturer or federal firearms importer, or is possessed by a federal firearms manufacturer or federal firearms importer in compliance with all federal laws and regulations regulating the manufacture and import of firearms; except this exemption does not apply if an unfinished frame or receiver is possessed for transfer or is transferred to a person other than a federal firearms manufacturer or federal firearms importer; or
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|
(5) is possessed by a person who received the
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| unserialized unfinished frame or receiver or unserialized firearm through inheritance, and is not otherwise prohibited from possessing the unserialized unfinished frame or receiver or unserialized firearm, for a period not exceeding 30 days after inheriting the unserialized unfinished frame or receiver or unserialized firearm.
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|
(i) Penalties.
(1) A person who violates subsection (c) or (d) is
|
| guilty of a Class A misdemeanor for a first violation and is guilty of a Class 3 felony for a second or subsequent violation.
|
|
(2) A person who violates subsection (b) is guilty of
|
| a Class 4 felony for a first violation and is guilty of a Class 2 felony for a second or subsequent violation.
|
|
(Source: P.A. 102-889, eff. 5-18-22; 103-605, eff. 7-1-24.)
|
(720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
Sec. 26-1. Disorderly conduct.
(a) A person commits disorderly conduct when he or she knowingly:
(1) Does any act in such unreasonable manner as to |
| alarm or disturb another and to provoke a breach of the peace;
|
|
(2) Transmits or causes to be transmitted in any
|
| manner to the fire department of any city, town, village or fire protection district a false alarm of fire, knowing at the time of the transmission that there is no reasonable ground for believing that the fire exists;
|
|
(3) Transmits or causes to be transmitted in any
|
| manner to another a false alarm to the effect that a bomb or other explosive of any nature or a container holding poison gas, a deadly biological or chemical contaminant, or radioactive substance is concealed in a place where its explosion or release would endanger human life, knowing at the time of the transmission that there is no reasonable ground for believing that the bomb, explosive or a container holding poison gas, a deadly biological or chemical contaminant, or radioactive substance is concealed in the place;
|
|
(3.5) Transmits or causes to be transmitted in any
|
| manner a threat of destruction of a school building or school property, or a threat of violence, death, or bodily harm directed against persons at a school, school function, or school event, whether or not school is in session;
|
|
(4) Transmits or causes to be transmitted in any
|
| manner to any peace officer, public officer or public employee a report to the effect that an offense will be committed, is being committed, or has been committed, knowing at the time of the transmission that there is no reasonable ground for believing that the offense will be committed, is being committed, or has been committed;
|
|
(5) Transmits or causes to be transmitted in any
|
| manner a false report to any public safety agency without the reasonable grounds necessary to believe that transmitting the report is necessary for the safety and welfare of the public;
|
|
(6) Calls or texts the number "911" or transmits or
|
| causes to be transmitted in any manner to a public safety agency or public safety answering point for the purpose of making or transmitting a false alarm or complaint and reporting information when, at the time the call, text, or transmission is made, the person knows there is no reasonable ground for making the call, text, or transmission and further knows that the call, text, or transmission could result in the emergency response of any public safety agency;
|
|
(7) Transmits or causes to be transmitted in any
|
| manner a false report to the Department of Children and Family Services under Section 4 of the Abused and Neglected Child Reporting Act;
|
|
(8) Transmits or causes to be transmitted in any
|
| manner a false report to the Department of Public Health under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act;
|
|
(9) Transmits or causes to be transmitted in any
|
| manner to the police department or fire department of any municipality or fire protection district, or any privately owned and operated ambulance service, a false request for an ambulance, emergency medical technician-ambulance or emergency medical technician-paramedic knowing at the time there is no reasonable ground for believing that the assistance is required;
|
|
(10) Transmits or causes to be transmitted in any
|
| manner a false report under Article II of Public Act 83-1432;
|
|
(11) Enters upon the property of another and for a
|
| lewd or unlawful purpose deliberately looks into a dwelling on the property through any window or other opening in it; or
|
|
(12) While acting as a collection agency as defined
|
| in the Collection Agency Act or as an employee of the collection agency, and while attempting to collect an alleged debt, makes a telephone call to the alleged debtor which is designed to harass, annoy or intimidate the alleged debtor.
|
|
(b) Sentence. A violation of subsection (a)(1) of this Section
is a Class C misdemeanor. A violation of subsection (a)(5) or (a)(11) of this Section is a Class A misdemeanor. A violation of subsection
(a)(8) or (a)(10) of this Section is a Class B misdemeanor. A violation of
subsection (a)(2), (a)(3.5), (a)(4), (a)(6), (a)(7), or (a)(9) of this Section is a Class 4
felony. A
violation of subsection (a)(3) of this Section is a Class 3 felony, for which
a fine of not less than $3,000 and no more than $10,000 shall be assessed in
addition to any other penalty imposed.
A violation of subsection (a)(12) of this Section is a Business Offense and
shall be punished by a fine not to exceed $3,000. A second or subsequent
violation of subsection (a)(7) or (a)(5) of this Section is a Class
4 felony. A third or subsequent violation of subsection (a)(11) of this Section
is a Class 4 felony.
(c) In addition to any other sentence that may be imposed, a court shall
order any person convicted of disorderly conduct to perform community service
for not less than 30 and not more than 120 hours, if community service is
available in the jurisdiction and is funded and approved by the county board of
the county where the offense was committed. In addition, whenever any person
is placed on supervision for an alleged offense under this Section, the
supervision shall be conditioned upon the performance of the community service.
This subsection does not apply when the court imposes a sentence of
incarceration.
(d) In addition to any other sentence that may be imposed, the court shall
order any person convicted of disorderly conduct under paragraph (3) of subsection (a) involving a false alarm of a threat that a bomb or explosive device has been placed in a school that requires an emergency response to reimburse the unit of government that employs the emergency response officer or officers that were dispatched to the school for the cost of the response. If the court determines that the person convicted of disorderly conduct that requires an emergency response to a school is indigent, the provisions of this subsection (d) do not apply.
(e) In addition to any other sentence that may be imposed, the court shall
order any person convicted of disorderly conduct under paragraph (3.5) or (6) of subsection (a) to reimburse the public agency for the reasonable costs of the emergency response by the public agency up to $10,000. If the court determines that the person convicted of disorderly conduct under paragraph (3.5) or (6) of subsection (a) is indigent, the provisions of this subsection (e) do not apply.
(f) For the purposes of this Section, "emergency response" means any condition that results in, or could result in, the response of a public official in an authorized emergency vehicle, any condition that jeopardizes or could jeopardize public safety and results in, or could result in, the evacuation of any area, building, structure, vehicle, or of any other place that any person may enter, or any incident requiring a response by a police officer, a firefighter, a State Fire Marshal employee, or an ambulance.
(Source: P.A. 103-366, eff. 1-1-24 .)
|
(720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
Sec. 28-1. Gambling.
(a) A person commits gambling when he or she:
(1) knowingly plays a game of chance or skill for |
| money or other thing of value, unless excepted in subsection (b) of this Section;
|
|
(2) knowingly makes a wager upon the result of any
|
| game, contest, or any political nomination, appointment or election;
|
|
(3) knowingly operates, keeps, owns, uses, purchases,
|
| exhibits, rents, sells, bargains for the sale or lease of, manufactures or distributes any gambling device;
|
|
(4) contracts to have or give himself or herself or
|
| another the option to buy or sell, or contracts to buy or sell, at a future time, any grain or other commodity whatsoever, or any stock or security of any company, where it is at the time of making such contract intended by both parties thereto that the contract to buy or sell, or the option, whenever exercised, or the contract resulting therefrom, shall be settled, not by the receipt or delivery of such property, but by the payment only of differences in prices thereof; however, the issuance, purchase, sale, exercise, endorsement or guarantee, by or through a person registered with the Secretary of State pursuant to Section 8 of the Illinois Securities Law of 1953, or by or through a person exempt from such registration under said Section 8, of a put, call, or other option to buy or sell securities which have been registered with the Secretary of State or which are exempt from such registration under Section 3 of the Illinois Securities Law of 1953 is not gambling within the meaning of this paragraph (4);
|
|
(5) knowingly owns or possesses any book, instrument
|
| or apparatus by means of which bets or wagers have been, or are, recorded or registered, or knowingly possesses any money which he has received in the course of a bet or wager;
|
|
(6) knowingly sells pools upon the result of any game
|
| or contest of skill or chance, political nomination, appointment or election;
|
|
(7) knowingly sets up or promotes any lottery or
|
| sells, offers to sell or transfers any ticket or share for any lottery;
|
|
(8) knowingly sets up or promotes any policy game or
|
| sells, offers to sell or knowingly possesses or transfers any policy ticket, slip, record, document or other similar device;
|
|
(9) knowingly drafts, prints or publishes any lottery
|
| ticket or share, or any policy ticket, slip, record, document or similar device, except for such activity related to lotteries, bingo games and raffles authorized by and conducted in accordance with the laws of Illinois or any other state or foreign government;
|
|
(10) knowingly advertises any lottery or policy game,
|
| except for such activity related to lotteries, bingo games and raffles authorized by and conducted in accordance with the laws of Illinois or any other state;
|
|
(11) knowingly transmits information as to wagers,
|
| betting odds, or changes in betting odds by telephone, telegraph, radio, semaphore or similar means; or knowingly installs or maintains equipment for the transmission or receipt of such information; except that nothing in this subdivision (11) prohibits transmission or receipt of such information for use in news reporting of sporting events or contests; or
|
|
(12) knowingly establishes, maintains, or operates an
|
| Internet site that permits a person to play a game of chance or skill for money or other thing of value by means of the Internet or to make a wager upon the result of any game, contest, political nomination, appointment, or election by means of the Internet. This item (12) does not apply to activities referenced in items (6), (6.1), (8), (8.1), and (15) of subsection (b) of this Section.
|
|
(b) Participants in any of the following activities shall not be
convicted of gambling:
(1) Agreements to compensate for loss caused by the
|
| happening of chance including without limitation contracts of indemnity or guaranty and life or health or accident insurance.
|
|
(2) Offers of prizes, award or compensation to the
|
| actual contestants in any bona fide contest for the determination of skill, speed, strength or endurance or to the owners of animals or vehicles entered in such contest.
|
|
(3) Pari-mutuel betting as authorized by the law of
|
|
(4) Manufacture of gambling devices, including the
|
| acquisition of essential parts therefor and the assembly thereof, for transportation in interstate or foreign commerce to any place outside this State when such transportation is not prohibited by any applicable Federal law; or the manufacture, distribution, or possession of video gaming terminals, as defined in the Video Gaming Act, by manufacturers, distributors, and terminal operators licensed to do so under the Video Gaming Act.
|
|
(5) The game commonly known as "bingo", when
|
| conducted in accordance with the Bingo License and Tax Act.
|
|
(6) Lotteries when conducted by the State of Illinois
|
| in accordance with the Illinois Lottery Law. This exemption includes any activity conducted by the Department of Revenue to sell lottery tickets pursuant to the provisions of the Illinois Lottery Law and its rules.
|
|
(6.1) The purchase of lottery tickets through the
|
| Internet for a lottery conducted by the State of Illinois under the program established in Section 7.12 of the Illinois Lottery Law.
|
|
(7) Possession of an antique slot machine that is
|
| neither used nor intended to be used in the operation or promotion of any unlawful gambling activity or enterprise. For the purpose of this subparagraph (b)(7), an antique slot machine is one manufactured 25 years ago or earlier.
|
|
(8) Raffles and poker runs when conducted in
|
| accordance with the Raffles and Poker Runs Act.
|
|
(8.1) The purchase of raffle chances for a raffle
|
| conducted in accordance with the Raffles and Poker Runs Act.
|
|
(9) Charitable games when conducted in accordance
|
| with the Charitable Games Act.
|
|
(10) Pull tabs and jar games when conducted under the
|
| Illinois Pull Tabs and Jar Games Act.
|
|
(11) Gambling games when authorized by the Illinois
|
|
(12) Video gaming terminal games at a licensed
|
| establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed fraternal establishment, or licensed veterans establishment when conducted in accordance with the Video Gaming Act.
|
|
(13) Games of skill or chance where money or other
|
| things of value can be won but no payment or purchase is required to participate.
|
|
(14) Savings promotion raffles authorized under
|
| Section 5g of the Illinois Banking Act, Section 7008 of the Savings Bank Act, Section 42.7 of the Illinois Credit Union Act, Section 5136B of the National Bank Act (12 U.S.C. 25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C. 1463).
|
|
(15) Sports wagering when conducted in accordance
|
| with the Sports Wagering Act.
|
|
(c) Sentence.
Gambling is a
Class A misdemeanor. A second or
subsequent conviction under subsections (a)(3) through (a)(12),
is a Class 4 felony.
(d) Circumstantial evidence.
In prosecutions under
this
Section circumstantial evidence shall have the same validity and weight as
in any criminal prosecution.
(Source: P.A. 101-31, Article 25, Section 25-915, eff. 6-28-19; 101-31, Article 35, Section 35-80, eff. 6-28-19; 101-109, eff. 7-19-19; 102-558, eff. 8-20-21.)
|
(720 ILCS 5/28-2) (from Ch. 38, par. 28-2)
Sec. 28-2. Definitions.
(a) A "gambling device" is any clock, tape machine, slot machine or
other machines or device for the reception of money or other thing of value
on chance or skill or upon the action of which money or other thing of
value is staked, hazarded, bet, won, or lost; or any mechanism, furniture,
fixture, equipment, or other device designed primarily for use in a gambling
place. A "gambling device" does not include:
(1) A coin-in-the-slot operated mechanical device |
| played for amusement which rewards the player with the right to replay such mechanical device, which device is so constructed or devised as to make such result of the operation thereof depend in part upon the skill of the player and which returns to the player thereof no money, property, or right to receive money or property.
|
|
(2) Vending machines by which full and adequate
|
| return is made for the money invested and in which there is no element of chance or hazard.
|
|
(3) A crane game. For the purposes of this paragraph
|
| (3), a "crane game" is an amusement device involving skill, if it rewards the player exclusively with merchandise contained within the amusement device proper and limited to toys, novelties, and prizes other than currency, each having a wholesale value which is not more than $25.
|
|
(4) A redemption machine. For the purposes of this
|
| paragraph (4), a "redemption machine" is a single-player or multi-player amusement device involving a game, the object of which is throwing, rolling, bowling, shooting, placing, or propelling a ball or other object that is either physical or computer generated on a display or with lights into, upon, or against a hole or other target that is either physical or computer generated on a display or with lights, or stopping, by physical, mechanical, or electronic means, a moving object that is either physical or computer generated on a display or with lights into, upon, or against a hole or other target that is either physical or computer generated on a display or with lights, provided that all of the following conditions are met:
|
|
(A) The outcome of the game is predominantly
|
| determined by the skill of the player.
|
|
(B) The award of the prize is based solely upon
|
| the player's achieving the object of the game or otherwise upon the player's score.
|
|
(C) Only merchandise prizes are awarded.
(D) The wholesale value of prizes awarded in lieu
|
| of tickets or tokens for single play of the device does not exceed $25.
|
|
(E) The redemption value of tickets, tokens, and
|
| other representations of value, which may be accumulated by players to redeem prizes of greater value, for a single play of the device does not exceed $25.
|
|
(5) Video gaming terminals at a licensed
|
| establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed fraternal establishment, or licensed veterans establishment licensed in accordance with the Video Gaming Act.
|
|
(a-5) "Internet" means an interactive computer service or system or an
information service, system, or access software provider that provides or
enables computer access by multiple users to a computer server, and includes,
but is not limited to, an information service, system, or access software
provider that provides access to a network system commonly known as the
Internet, or any comparable system or service and also includes, but is not
limited to, a World Wide Web page, newsgroup, message board, mailing list, or
chat area on any interactive computer service or system or other online
service.
(a-6) "Access" has the meaning ascribed to the term in Section 17-55.
(a-7) "Computer" has the meaning ascribed to the term in Section 17-0.5.
(b) A "lottery" is any scheme or procedure whereby one or more prizes
are distributed by chance among persons who have paid or promised
consideration for a chance to win such prizes, whether such scheme or
procedure is called a lottery, raffle, gift, sale, or some other name, excluding savings promotion raffles authorized under Section 5g of the Illinois Banking Act, Section 7008 of the Savings Bank Act, Section 42.7 of the Illinois Credit Union Act, Section 5136B of the National Bank Act (12 U.S.C. 25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C. 1463).
(c) A "policy game" is any scheme or procedure whereby a person promises
or guarantees by any instrument, bill, certificate, writing, token, or other
device that any particular number, character, ticket, or certificate shall
in the event of any contingency in the nature of a lottery entitle the
purchaser or holder to receive money, property, or evidence of debt.
(Source: P.A. 101-31, eff. 6-28-19; 101-87, eff. 1-1-20; 102-558, eff. 8-20-21.)
|
(720 ILCS 5/29B-1) (from Ch. 38, par. 29B-1)
Sec. 29B-1. Money laundering. (a) A person commits the offense of money laundering:
(1) when, knowing that the property involved in a |
| financial transaction represents the proceeds of some form of unlawful activity, he or she conducts or attempts to conduct the financial transaction which in fact involves criminally derived property:
|
|
(A) with the intent to promote the carrying on
|
| of the unlawful activity from which the criminally derived property was obtained; or
|
|
(B) where he or she knows or reasonably should
|
| know that the financial transaction is designed in whole or in part:
|
|
(i) to conceal or disguise the nature, the
|
| location, the source, the ownership or the control of the criminally derived property; or
|
|
(ii) to avoid a transaction reporting
|
| requirement under State law; or
|
|
(1.5) when he or she transports, transmits, or
|
| transfers, or attempts to transport, transmit, or transfer a monetary instrument:
|
|
(A) with the intent to promote the carrying on of
|
| the unlawful activity from which the criminally derived property was obtained; or
|
|
(B) knowing, or having reason to know, that the
|
| financial transaction is designed in whole or in part:
|
|
(i) to conceal or disguise the nature, the
|
| location, the source, the ownership or the control of the criminally derived property; or
|
|
(ii) to avoid a transaction reporting
|
| requirement under State law; or
|
|
(2) when, with the intent to:
(A) promote the carrying on of a specified
|
| criminal activity as defined in this Article; or
|
|
(B) conceal or disguise the nature, location,
|
| source, ownership, or control of property believed to be the proceeds of a specified criminal activity as defined in this Article; or
|
|
(C) avoid a transaction reporting requirement
|
|
he or she conducts or attempts to conduct a financial
|
| transaction involving property he or she believes to be the proceeds of specified criminal activity or property used to conduct or facilitate specified criminal activity as defined in this Article.
|
|
(b) (Blank).
(c) Sentence.
(1) Laundering of criminally derived property of a
|
| value not exceeding $10,000 is a Class 3 felony;
|
|
(2) Laundering of criminally derived property of a
|
| value exceeding $10,000 but not exceeding $100,000 is a Class 2 felony;
|
|
(3) Laundering of criminally derived property of a
|
| value exceeding $100,000 but not exceeding $500,000 is a Class 1 felony;
|
|
(4) Money laundering in violation of subsection
|
| (a)(2) of this Section is a Class X felony;
|
|
(5) Laundering of criminally derived property of a
|
| value exceeding $500,000 is a Class 1 non-probationable felony;
|
|
(6) In a prosecution under clause (a)(1.5)(B)(ii) of
|
| this Section, the sentences are as follows:
|
|
(A) Laundering of property of a value not
|
| exceeding $10,000 is a Class 3 felony;
|
|
(B) Laundering of property of a value exceeding
|
| $10,000 but not exceeding $100,000 is a Class 2 felony;
|
|
(C) Laundering of property of a value exceeding
|
| $100,000 but not exceeding $500,000 is a Class 1 felony;
|
|
(D) Laundering of property of a value exceeding
|
| $500,000 is a Class 1 non-probationable felony.
|
|
(Source: P.A. 99-480, eff. 9-9-15; 100-512, eff. 7-1-18; 100-699, eff. 8-3-18; 100-759, eff. 1-1-19; 100-1163, eff. 12-20-18.)
|
(720 ILCS 5/29B-13) Sec. 29B-13. Judicial in rem procedures. If property seized under this Article is non-real property that exceeds $20,000 in value excluding the value of any conveyance, or is real property, or a claimant has filed a claim under paragraph (3) of Section 29B-12 of this Article, the following judicial in rem procedures shall apply: (1) If, after a review of the facts surrounding the |
| seizure, the State's Attorney is of the opinion that the seized property is subject to forfeiture, then, within 28 days of the receipt of notice of seizure by the seizing agency or the filing of the claim, whichever is later, the State's Attorney shall institute judicial forfeiture proceedings by filing a verified complaint for forfeiture. If authorized by law, a forfeiture shall be ordered by a court on an action in rem brought by a State's Attorney under a verified complaint for forfeiture.
|
|
(2) A complaint of forfeiture shall include:
(A) a description of the property seized;
(B) the date and place of seizure of the
|
|
(C) the name and address of the law enforcement
|
| agency making the seizure; and
|
|
(D) the specific statutory and factual grounds
|
|
(3) The complaint shall be served upon the person
|
| from whom the property was seized and all persons known or reasonably believed by the State to claim an interest in the property, as provided in Section 29B-10 of this Article. The complaint shall be accompanied by the following written notice:
|
|
"This is a civil court proceeding subject to the Code
|
| of Civil Procedure. You received this Complaint of Forfeiture because the State's Attorney's office has brought a legal action seeking forfeiture of your seized property. This complaint starts the court process where the State seeks to prove that your property should be forfeited and not returned to you. This process is also your opportunity to try to prove to a judge that you should get your property back. The complaint lists the date, time, and location of your first court date. You must appear in court on that day, or you may lose the case automatically. You must also file an appearance and answer. If you are unable to pay the appearance fee, you may qualify to have the fee waived. If there is a criminal case related to the seizure of your property, your case may be set for trial after the criminal case has been resolved. Before trial, the judge may allow discovery, where the State can ask you to respond in writing to questions and give them certain documents, and you can make similar requests of the State. The trial is your opportunity to explain what happened when your property was seized and why you should get the property back."
|
|
(4) Forfeiture proceedings under this Article shall
|
| be subject to the Code of Civil Procedure and the rules of evidence relating to civil actions shall apply to proceedings under this Article with the following exception. The parties shall be allowed to use, and the court shall receive and consider, all relevant hearsay evidence that relates to evidentiary foundation, chain of custody, business records, recordings, laboratory analysis, laboratory reports, and relevant hearsay related to the use of technology in the investigation that resulted in the seizure of property that is subject to the forfeiture action.
|
|
(5) Only an owner of or interest holder in the
|
| property may file an answer asserting a claim against the property in the action in rem. For purposes of this Section, the owner or interest holder shall be referred to as claimant. Upon motion of the State, the court shall first hold a hearing, in which a claimant shall establish by a preponderance of the evidence, that he or she has a lawful, legitimate ownership interest in the property and that it was obtained through a lawful source.
|
|
(6) The answer must be signed by the owner or
|
| interest holder under penalty of perjury and shall set forth:
|
|
(A) the caption of the proceedings as set forth
|
| on the notice of pending forfeiture and the name of the claimant;
|
|
(B) the address at which the claimant will accept
|
|
(C) the nature and extent of the claimant's
|
| interest in the property;
|
|
(D) the date, identity of transferor, and
|
| circumstances of the claimant's acquisition of the interest in the property;
|
|
(E) the names and addresses of all other persons
|
| known to have an interest in the property;
|
|
(F) all essential facts supporting each
|
|
(G) the precise relief sought; and
(H) in a forfeiture action involving currency or
|
| its equivalent, a claimant shall provide the State with notice of his or her intent to allege that the currency or its equivalent is not related to the alleged factual basis for the forfeiture, and why.
|
|
The answer shall follow the rules under the Code of
|
|
(7) The answer shall be filed with the court within
|
| 45 days after service of the civil in rem complaint.
|
|
(8) The hearing shall be held within 60 days after
|
| filing of the answer unless continued for good cause.
|
|
(9) At the judicial in rem proceeding, in the State's
|
| case in chief, the State shall show by a preponderance of the evidence that the property is subject to forfeiture. If the State makes such a showing, the claimant shall have the burden of production to set forth evidence that the property is not related to the alleged factual basis of the forfeiture. After this production of evidence, the State shall maintain the burden of proof to overcome this assertion. A claimant shall provide the State notice of its intent to allege that the currency or its equivalent is not related to the alleged factual basis of the forfeiture and why. As to conveyances, at the judicial in rem proceeding, in its case in chief, the State shall show by a preponderance of the evidence:
|
|
(A) that the property is subject to forfeiture;
|
|
(B) at least one of the following:
(i) that the claimant was legally accountable
|
| for the conduct giving rise to the forfeiture;
|
|
(ii) that the claimant knew or reasonably
|
| should have known of the conduct giving rise to the forfeiture;
|
|
(iii) that the claimant knew or reasonably
|
| should have known that the conduct giving rise to the forfeiture was likely to occur;
|
|
(iv) that the claimant held the property for
|
| the benefit of, or as nominee for, any person whose conduct gave rise to its forfeiture;
|
|
(v) that if the claimant acquired the
|
| interest through any person engaging in any of the conduct described above or conduct giving rise to the forfeiture:
|
|
(a) the claimant did not acquire it as a
|
| bona fide purchaser for value; or
|
|
(b) the claimant acquired the interest
|
| under the circumstances that the claimant reasonably should have known the property was derived from, or used in, the conduct giving rise to the forfeiture; or
|
|
(vi) that the claimant is not the true owner
|
| of the property that is subject to forfeiture.
|
|
(10) If the State does not meet its burden to show
|
| that the property is subject to forfeiture, the court shall order the interest in the property returned or conveyed to the claimant and shall order all other property forfeited to the State. If the State does meet its burden to show that the property is subject to forfeiture, the court shall order all property forfeited to the State.
|
|
(11) A defendant convicted in any criminal proceeding
|
| is precluded from later denying the essential allegations of the criminal offense of which the defendant was convicted in any proceeding under this Article regardless of the pendency of an appeal from that conviction. However, evidence of the pendency of an appeal is admissible.
|
|
(12) On a motion by the parties, the court may stay
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| civil forfeiture proceedings during the criminal trial for a related criminal indictment or information alleging a money laundering violation. Such a stay shall not be available pending an appeal. Property subject to forfeiture under this Article shall not be subject to return or release by a court exercising jurisdiction over a criminal case involving the seizure of the property unless the return or release is consented to by the State's Attorney.
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(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)
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(720 ILCS 5/29D-10)
Sec. 29D-10. Definitions. As used in this Article, where not
otherwise distinctly expressed or manifestly incompatible with the intent of
this Article:
(a) "Computer network" means a set of related, remotely connected
devices
and
any communications facilities including more than one computer with the
capability to transmit data among them through communication facilities.
(b) "Computer" means a device that accepts, processes, stores,
retrieves,
or
outputs data, and includes, but is not limited to, auxiliary storage and
telecommunications devices.
(c) "Computer program" means a series of coded instruction or statements
in a
form acceptable to a computer which causes the computer to process data and
supply the results of data processing.
(d) "Data" means representations of information, knowledge, facts,
concepts or
instructions, including program documentation, that are prepared in a
formalized manner and are stored or processed in or transmitted by a computer.
Data may be in any form, including but not limited to magnetic or optical
storage
media, punch cards, or data stored internally in the memory of a computer.
(e) "Biological products used in or in connection with agricultural
production" includes, but is not
limited
to,
seeds, plants, and DNA of plants or animals altered for use in crop or
livestock breeding or production or which are sold, intended, designed, or
produced for use
in crop production or livestock breeding or production.
(f) "Agricultural products" means crops and livestock.
(g) "Agricultural production" means the breeding and growing of
livestock
and
crops. (g-5) "Animal feed" means an article
that is intended for use for food for animals other than humans
and that is intended for use as a substantial source of nutrients
in the diet of the animal, and is not limited to a mixture intended to
be the sole ration of the animal. (g-10) "Contagious or infectious disease" means a specific disease designated by the Illinois Department of Agriculture as contagious or infectious under rules pertaining to the Illinois Diseased Animals Act. (g-15) "Processed food" means any food other than a raw agricultural
commodity and includes any raw agricultural commodity that
has been subject to processing, such as canning, cooking, freezing,
dehydration, or milling. (g-20) "Raw agricultural commodity" means any food in its raw or
natural state, including all fruits that are washed, colored, or otherwise
treated in their unpeeled natural form prior to marketing and honey that is in the comb or that is removed from the comb and in an unadulterated condition.
(g-25) "Endangering the food supply" means to knowingly: (1) bring into this State any domestic animal that |
| is affected with any contagious or infectious disease or any animal that has been exposed to any contagious or infectious disease;
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(2) expose any animal in this State to any contagious
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(3) deliver any poultry that is infected with any
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| contagious or infectious disease to any poultry producer pursuant to a production contract;
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(4) except as permitted under the Insect Pest and
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| Plant Disease Act, bring or release into this State any insect pest or expose any plant to an insect pest; or
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(5) expose any raw agricultural commodity, animal
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| feed, or processed food to any contaminant or contagious or infectious disease.
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"Endangering the food supply" does not include bona fide experiments and actions related to those experiments carried on by commonly recognized research facilities or actions by agricultural producers and animal health professionals who may inadvertently contribute to the spread of detrimental biological agents while employing generally acceptable management practices.
(g-30) "Endangering the water supply" means to knowingly contaminate a public or private water well or water reservoir or any water supply of a public utility or tamper with the production of bottled or packaged water or tamper with bottled or packaged water at a retail or wholesale mercantile establishment. "Endangering the water supply" does not include contamination of a public or private well or water reservoir
or any water supply of a public utility that may occur inadvertently
as part of the operation of a public utility or electrical generating station.
(h) "Livestock" means animals bred or raised for human consumption.
(i) "Crops" means plants raised for: (1) human consumption, (2) fruits
that
are intended for human consumption, (3) consumption by livestock, and (4)
fruits that are intended for consumption by livestock.
(j) "Communications systems" means any works, property, or material of
any radio, telegraph, telephone, microwave, or cable line, station, or system.
(k) "Substantial damage" means monetary damage greater than $100,000.
(l) "Terrorist act" or "act of terrorism" means: (1) any act that
is intended to cause or create a risk and does cause or create a risk of death
or great bodily harm to one or more persons;
(2) any act that disables or destroys the
usefulness or operation of any communications system; (3) any act or any series
of 2 or more acts committed in furtherance of a single intention, scheme, or
design that disables or destroys the usefulness or operation of
a computer network, computers, computer programs, or data used by any
industry, by any class of business, or by 5 or more businesses or by the
federal government, State government, any unit of local government, a public
utility, a manufacturer of pharmaceuticals, a national defense contractor, or
a manufacturer of chemical or biological products used in or in connection
with agricultural production; (4) any act that disables or causes substantial
damage to or
destruction of any structure or facility used in or used in connection with
ground, air, or water transportation; the production or distribution of
electricity, gas, oil, or other fuel (except for acts that occur inadvertently and as the result of
operation of the facility that produces or distributes electricity,
gas, oil, or other fuel); the treatment of sewage or the treatment
or distribution of water; or controlling the flow of any body of water; (5) any
act that causes substantial damage to or destruction of livestock or to crops
or a series of 2 or more acts committed in furtherance of a single intention,
scheme, or design which, in the aggregate, causes substantial damage to or
destruction of livestock or crops; (6) any act that causes substantial
damage to or destruction of any hospital or any building or facility used by
the federal government, State government, any unit of local government or
by a national defense contractor or by a public utility, a manufacturer of
pharmaceuticals, a manufacturer of chemical or biological products used in or
in connection with agricultural production or the storage or processing of
agricultural products or the preparation of agricultural products for food or
food products intended for resale or for feed for livestock; (7) any act
that causes substantial damage to any building containing 5 or more
businesses of any type or to any building in which 10 or more people reside; (8) endangering the food supply; or (9) endangering the water supply.
(m) "Terrorist" and "terrorist organization" means any person who
engages or is about to engage in a terrorist act with the intent to intimidate
or coerce a significant portion of a civilian population.
(n) "Material support or resources" means currency or other financial
securities, financial services, lodging, training, safe houses, false
documentation or identification, communications equipment, facilities, weapons,
lethal substances, explosives, personnel, transportation, any other kind of
physical assets or intangible property, and expert services or expert
assistance.
(o) "Person" has the meaning given in Section 2-15 of this Code
and, in addition to that meaning, includes, without limitation, any charitable
organization, whether incorporated or unincorporated, any professional fund
raiser, professional solicitor, limited liability company, association, joint
stock company, association, trust, trustee, or any group of people formally or
informally affiliated or associated for a common purpose, and any officer,
director, partner, member, or agent of any person.
(p) "Render criminal assistance" means to do any of the following with
the intent to prevent, hinder, or delay the discovery or apprehension of, or
the lodging of a criminal charge against, a person who he or she knows or
believes has committed an offense under this Article or is being sought by law
enforcement officials for the commission of an offense under this Article, or
with the intent to assist a person in profiting or benefiting from the
commission of an offense under this Article:
(1) harbor or conceal the person;
(2) warn the person of impending discovery or
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(3) provide the person with money, transportation, a
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| weapon, a disguise, false identification documents, or any other means of avoiding discovery or apprehension;
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(4) prevent or obstruct, by means of force,
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| intimidation, or deception, anyone from performing an act that might aid in the discovery or apprehension of the person or in the lodging of a criminal charge against the person;
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(5) suppress, by any act of concealment, alteration,
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| or destruction, any physical evidence that might aid in the discovery or apprehension of the person or in the lodging of a criminal charge against the person;
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(6) aid the person to protect or expeditiously profit
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| from an advantage derived from the crime; or
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(7) provide expert services or expert assistance to
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| the person. Providing expert services or expert assistance shall not be construed to apply to: (1) a licensed attorney who discusses with a client the legal consequences of a proposed course of conduct or advises a client of legal or constitutional rights and (2) a licensed medical doctor who provides emergency medical treatment to a person whom he or she believes has committed an offense under this Article if, as soon as reasonably practicable either before or after providing such treatment, he or she notifies a law enforcement agency.
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(Source: P.A. 96-1028, eff. 1-1-11.)
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