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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
CRIMINAL OFFENSES (720 ILCS 5/) Criminal Code of 2012. 720 ILCS 5/24-1.5
(720 ILCS 5/24-1.5)
Sec. 24-1.5.
Reckless discharge of a firearm.
(a) A person commits reckless discharge of a firearm by discharging a
firearm in
a reckless manner which endangers the bodily safety
of an individual.
(b) If the conduct described in subsection (a) is committed by a passenger
of a moving motor vehicle with the knowledge and consent of the driver of the
motor vehicle the driver is accountable for such conduct.
(c) Reckless discharge of a firearm is a Class 4 felony.
(d) This Section does not apply to a peace officer while in the performance
of his or her official duties.
(Source: P.A. 88-217.)
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720 ILCS 5/24-1.6 (720 ILCS 5/24-1.6) (Text of Section before amendment by P.A. 103-822 ) 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
| | 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,
| | 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
| | 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,
| | 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
| | 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
| | been issued a currently valid Firearm Owner's Identification Card; or
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| (D) the person possessing the weapon was
| | 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
| | 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
| | 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
| | 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
| | 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
| | 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
| | 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)
| | 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
| | 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
| | 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 .)
(Text of Section after amendment by P.A. 103-822 )
Sec. 24-1.6. Aggravated unlawful possession of a weapon.
(a) A person commits the offense of aggravated unlawful possession 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
| | 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,
| | 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
| | 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,
| | 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
| | 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
| | been issued a currently valid Firearm Owner's Identification Card; or
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| (D) the person possessing the weapon was
| | 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
| | 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
| | 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
| | 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
| | 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
| | 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 possession of a weapon is a
| | Class 4 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)
| | and (4) of this subsection (d), a first offense of aggravated unlawful possession 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 possession of a weapon by a
| | person 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 possession of a weapon while
| | wearing 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. 103-822, eff. 1-1-25.)
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720 ILCS 5/24-1.7 (720 ILCS 5/24-1.7) (Text of Section before amendment by P.A. 103-822 ) Sec. 24-1.7. Armed habitual criminal. (a) A person commits the offense of being an armed habitual
criminal if he or she receives, sells, possesses, or transfers
any firearm after having been convicted a total of 2 or more
times of any combination of the following offenses: (1) a forcible felony as defined in Section 2-8 of | | (2) unlawful use of a weapon by a felon; aggravated
| | unlawful use of a weapon; aggravated discharge of a firearm; vehicular hijacking; aggravated vehicular hijacking; aggravated battery of a child as described in Section 12-4.3 or subdivision (b)(1) of Section 12-3.05; intimidation; aggravated intimidation; gunrunning; home invasion; or aggravated battery with a firearm as described in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05; or
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| (3) any violation of the Illinois Controlled
| | Substances Act or the Cannabis Control Act that is punishable as a Class 3 felony or higher.
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| (b) Sentence. Being an armed habitual criminal is a Class X
felony.
(Source: P.A. 96-1551, eff. 7-1-11 .)
(Text of Section after amendment by P.A. 103-822 )
Sec. 24-1.7. Unlawful possession of a firearm by a repeat felony offender.
(a) A person commits the offense of unlawful possession of a firearm by a repeat felony offender if he or she receives, sells, possesses, or transfers any firearm after having been convicted a total of 2 or more times of any combination of the following offenses:
(1) a forcible felony as defined in Section 2-8 of
| | (2) unlawful possession of a weapon by a felon;
| | aggravated unlawful possession of a weapon; aggravated discharge of a firearm; vehicular hijacking; aggravated vehicular hijacking; aggravated battery of a child as described in Section 12-4.3 or subdivision (b)(1) of Section 12-3.05; intimidation; aggravated intimidation; gunrunning; home invasion; or aggravated battery with a firearm as described in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05; or
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| (3) any violation of the Illinois Controlled
| | Substances Act or the Cannabis Control Act that is punishable as a Class 3 felony or higher.
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| (b) Sentence. Unlawful possession of a firearm by a repeat felony offender is a Class X felony.
(Source: P.A. 103-822, eff. 1-1-25.)
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720 ILCS 5/24-1.8 (720 ILCS 5/24-1.8) Sec. 24-1.8. Unlawful possession of a firearm by a street gang member. (a) A person
commits unlawful possession of a firearm by a street gang member when he or she knowingly: (1) possesses, carries, or conceals on or about his | | or her person a firearm and firearm ammunition while on any street, road, alley, gangway, sidewalk, or any other lands, except when inside his or her own abode or inside his or her fixed place of business, and has not been issued a currently valid Firearm Owner's Identification Card and is a member of a street gang; or
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| (2) possesses or carries in any vehicle a firearm
| | and firearm ammunition which are both immediately accessible at the time of the offense while on any street, road, alley, or any other lands, except when inside his or her own abode or garage, and has not been issued a currently valid Firearm Owner's Identification Card and is a member of a street gang.
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| (b) Unlawful possession of a firearm by a street gang member is a Class 2 felony for which the person, if sentenced to a term of imprisonment, shall be sentenced to no less than 3 years and no more than 10 years. A period of probation, a term of periodic imprisonment or conditional discharge shall not be imposed for the offense of unlawful possession of a firearm by a street gang member when the firearm was loaded or contained firearm ammunition and the court shall sentence the offender to not less than the minimum term of imprisonment authorized for the Class 2 felony.
(c) For purposes of this Section:
"Street gang" or "gang" has the meaning ascribed to
| | it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
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| "Street gang member" or "gang member" has the meaning
| | ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
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(Source: P.A. 96-829, eff. 12-3-09.)
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720 ILCS 5/24-1.9 (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
| | protruding grip that can be held by the non-trigger hand;
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| (iii) a folding, telescoping, thumbhole, or
| | 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
| | 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
| | 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
| | 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
| | 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
| | 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
| | at some location outside of the pistol grip; or
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| (vi) a buffer tube, arm brace, or other part that
| | 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
| | 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
| | (i) a pistol grip or thumbhole stock;
(ii) any feature capable of functioning as a
| | 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
| | (vi) the capacity to accept a detachable
| | (G) Any semiautomatic firearm that has the capacity
| | to accept a belt ammunition feeding device.
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| (H) Any firearm that has been modified to be operable
| | as an assault weapon as defined in this Section.
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| (I) Any part or combination of parts designed or
| | 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,
| | 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,
| | 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
| | (XXXVI) Sig Sauer SIG516 rifles and MCX
| | (XXXVII) Smith & Wesson M&P15 rifles.
(XXXVIII) Stag Arms AR rifles.
(XXXIX) Sturm, Ruger & Co. SR556 and AR-556
| | (XL) Uselton Arms Air-Lite M-4 rifles.
(XLI) Windham Weaponry AR rifles.
(XLII) WMD Guns Big Beast.
(XLIII) Yankee Hill Machine Company, Inc.
| | (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
| | (ix) Fabrique Nationale/FN Herstal FAL, LAR, 22
| | 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
| | 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
| | (xx) All Thompson rifles, including the
| | (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
| | (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,
| | 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
| | (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,
| | MPA460 Pistol, MPA Tactical Pistol, and MPA Mini Tactical Pistol.
|
| (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
| | (I) Thompson TA510D.
(II) Thompson TA5.
(xiv) All UZI types, including Micro-UZI.
(L) All of the following shotguns, copies,
| | duplicates, variants, or altered facsimiles with the capability of any such weapon thereof:
|
| (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
| | (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
| | has been made permanently inoperable.
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| (B) An antique firearm or a replica of an antique
| | (C) A firearm that is manually operated by bolt,
| | 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
| | (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
| | (2) an affirmation that the affiant: (i) possessed an
| | 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
|
| (3) the make, model, caliber, and serial number of
| | 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.
|
| 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
| | controlled by the person;
|
| (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;
|
| (3) while on the premises of a licensed firearms
| | dealer or gunsmith for the purpose of lawful repair;
|
| (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
|
| (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.
|
| 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
| | (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.
|
| (3) Acquisition and possession by 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).
|
| (4) Wardens, superintendents, and keepers of prisons,
| | penitentiaries, jails, and other institutions for the detention of persons accused or convicted of an offense.
|
| (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.
|
| 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
| | subdivisions (1) through (7) of this subsection (e) to possess those items;
|
| (B) for sale or transfer to the United States or any
| | department or agency thereof; or
|
| (C) for sale or transfer in another state or for
| | This Section does not apply to or affect any of the following:
(i) Possession of any firearm if that firearm is
| | 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.
|
| (ii) Any nonresident who transports, within 24 hours,
| | 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.
|
| (iii) Possession of a weapon at an event taking place
| | 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.
|
| (iv) Possession of a weapon only for hunting use
| | 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.
|
| (v) The manufacture, transportation, possession,
| | 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.
|
| 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.)
|
720 ILCS 5/24-1.10 (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
|
| (2) any combination of parts from which a device
| | described in paragraph (1) can be assembled.
|
| "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
| | controlled by the person;
|
| (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;
|
| (3) while on the premises of a licensed firearms
| | dealer or gunsmith for the purpose of lawful repair;
|
| (4) while engaged in the legal use of the large
| | capacity ammunition feeding device at a properly licensed firing range or sport shooting competition venue; or
|
| (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.
|
| 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
| | (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.
|
| (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).
|
| (4) Wardens, superintendents, and keepers of prisons,
| | penitentiaries, jails, and other institutions for the detention of persons accused or convicted of an offense.
|
| (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
|
| (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
(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.
|
|
(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.
|
|
(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.
|
|
(5) Persons licensed as private security contractors,
| | 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.
|
|
(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.
|
|
(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.
|
|
(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.
|
|
(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
| | 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.
|
|
(2) Duly authorized military or civil organizations
| | while parading, with the special permission of the Governor.
|
|
(3) Hunters, trappers, or fishermen while engaged in
| | lawful hunting, trapping, or fishing under the provisions of the Wildlife Code or the Fish and Aquatic Life Code.
|
|
(4) Transportation of weapons that are broken down in
| | a non-functioning state or are not immediately accessible.
|
|
(5) Carrying or possessing any pistol, revolver, stun
| | 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.
|
| (c) Subsection 24-1(a)(7) does not apply to or affect any of the
following:
(1) Peace officers while in performance of their
| |
(2) Wardens, superintendents and keepers of prisons,
| | penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense.
|
|
(3) 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.
|
|
(4) Manufacture, transportation, or sale of machine
| | 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.
|
|
(5) Persons licensed under federal law to manufacture
| | 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.
|
|
During transportation, such weapons shall be broken
| | down in a non-functioning state or not immediately accessible.
|
|
(6) The manufacture, transport, testing, delivery,
| | 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.
|
|
The exemption granted under this subdivision (c)(6)
| | 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.
|
|
(7) A person possessing a rifle with a barrel or
| | 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.
|
| (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.
|
|
(2) Bonafide collectors of antique or surplus
| |
(3) Laboratories having a department of forensic
| | ballistics, or specializing in the development of ammunition or explosive ordnance.
|
|
(4) Commerce, preparation, assembly or possession of
| | 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.)
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720 ILCS 5/24-2.1 (720 ILCS 5/24-2.1) (from Ch. 38, par. 24-2.1) (Text of Section before amendment by P.A. 103-822 ) Sec. 24-2.1. Unlawful use of firearm projectiles. (a) A person commits the offense of unlawful use of firearm projectiles
when he or she knowingly manufactures, sells, purchases, possesses, or carries
any armor piercing bullet, dragon's breath shotgun shell,
bolo shell, or flechette shell. For the purposes of this Section: "Armor piercing bullet" means
any handgun bullet or handgun ammunition with projectiles or projectile cores
constructed entirely (excluding the presence of traces of other substances)
from
tungsten alloys, steel, iron, brass, bronze, beryllium copper
or depleted uranium, or fully jacketed bullets larger than
22 caliber designed and intended for use in a handgun and whose jacket has a
weight of more than 25% of the total weight of the projectile, and excluding
those handgun
projectiles whose cores are composed of soft materials such as lead or lead
alloys, zinc or zinc alloys, frangible projectiles designed primarily for
sporting purposes, and any
other projectiles or projectile cores that the U. S. Secretary of the Treasury
finds to be primarily intended to be used for sporting purposes or industrial
purposes or that otherwise does not constitute "armor piercing ammunition" as
that term is defined by federal law. The definition contained herein shall not be construed to include shotgun
shells. "Dragon's breath shotgun shell" means any shotgun shell that contains
exothermic pyrophoric mesh metal as the projectile and is designed for the
purpose of throwing or spewing a flame or fireball to simulate a flame-thrower. "Bolo shell" means any shell that can be fired in a firearm and expels as
projectiles 2 or more metal balls connected by solid metal wire. "Flechette shell" means any shell that can be fired in a firearm and expels
2 or more pieces of fin-stabilized solid metal wire or 2 or more solid
dart-type projectiles. (b) Exemptions. This Section does not apply to or affect any of the
following: (1) Peace officers. (2) 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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| (3) Members of the Armed Services or Reserve Forces
| | of the United States or the Illinois National Guard while in the performance of their official duties.
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| (4) Federal officials required to carry firearms,
| | while engaged in the performance of their official duties.
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| (5) United States Marshals, while engaged in the
| | performance of their official duties.
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| (6) Persons licensed under federal law to
| | manufacture, import, or sell firearms and firearm ammunition, and actually engaged in any such business, but only with respect to activities which are within the lawful scope of such business, such as the manufacture, transportation, or testing of such bullets or ammunition.
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| This exemption does not authorize the general private
| | possession of any armor piercing bullet, dragon's breath shotgun shell, bolo shell, or flechette shell, but only such possession and activities which are within the lawful scope of a licensed business described in this paragraph.
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| (7) Laboratories having a department of forensic
| | ballistics or specializing in the development of ammunition or explosive ordnance.
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| (8) Manufacture, transportation, or sale of armor
| | piercing bullets, dragon's breath shotgun shells, bolo shells, or flechette shells to persons specifically authorized under paragraphs (1) through (7) of this subsection to possess such bullets or shells.
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| (c) An information or indictment based upon a violation of this Section
need not negate any exemption herein contained. The defendant shall have
the burden of proving such an exemption.
(d) Sentence. A person convicted of unlawful use of armor
piercing bullets
shall be guilty of a Class 3 felony.
(Source: P.A. 92-423, eff. 1-1-02.)
(Text of Section after amendment by P.A. 103-822 )
Sec. 24-2.1. Unlawful possession of firearm projectiles.
(a) A person commits the offense of unlawful possession of firearm projectiles when he or she knowingly manufactures, sells, purchases, possesses, or carries any armor piercing bullet, dragon's breath shotgun shell, bolo shell, or flechette shell.
For the purposes of this Section:
"Armor piercing bullet" means any handgun bullet or handgun ammunition with projectiles or projectile cores constructed entirely (excluding the presence of traces of other substances) from tungsten alloys, steel, iron, brass, bronze, beryllium copper or depleted uranium, or fully jacketed bullets larger than 22 caliber designed and intended for use in a handgun and whose jacket has a weight of more than 25% of the total weight of the projectile, and excluding those handgun projectiles whose cores are composed of soft materials such as lead or lead alloys, zinc or zinc alloys, frangible projectiles designed primarily for sporting purposes, and any other projectiles or projectile cores that the U. S. Secretary of the Treasury finds to be primarily intended to be used for sporting purposes or industrial purposes or that otherwise does not constitute "armor piercing ammunition" as that term is defined by federal law.
The definition contained herein shall not be construed to include shotgun shells.
"Dragon's breath shotgun shell" means any shotgun shell that contains exothermic pyrophoric mesh metal as the projectile and is designed for the purpose of throwing or spewing a flame or fireball to simulate a flame-thrower.
"Bolo shell" means any shell that can be fired in a firearm and expels as projectiles 2 or more metal balls connected by solid metal wire.
"Flechette shell" means any shell that can be fired in a firearm and expels 2 or more pieces of fin-stabilized solid metal wire or 2 or more solid dart-type projectiles.
(b) Exemptions. This Section does not apply to or affect any of the following:
(1) Peace officers.
(2) 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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| (3) Members of the Armed Services or Reserve Forces
| | of the United States or the Illinois National Guard while in the performance of their official duties.
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| (4) Federal officials required to carry firearms,
| | while engaged in the performance of their official duties.
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| (5) United States Marshals, while engaged in the
| | performance of their official duties.
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| (6) Persons licensed under federal law to
| | manufacture, import, or sell firearms and firearm ammunition, and actually engaged in any such business, but only with respect to activities which are within the lawful scope of such business, such as the manufacture, transportation, or testing of such bullets or ammunition.
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| This exemption does not authorize the general private
| | possession of any armor piercing bullet, dragon's breath shotgun shell, bolo shell, or flechette shell, but only such possession and activities which are within the lawful scope of a licensed business described in this paragraph.
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| (7) Laboratories having a department of forensic
| | ballistics or specializing in the development of ammunition or explosive ordnance.
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| (8) Manufacture, transportation, or sale of armor
| | piercing bullets, dragon's breath shotgun shells, bolo shells, or flechette shells to persons specifically authorized under paragraphs (1) through (7) of this subsection to possess such bullets or shells.
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| (c) An information or indictment based upon a violation of this Section need not negate any exemption herein contained. The defendant shall have the burden of proving such an exemption.
(d) Sentence. A person convicted of unlawful possession of armor piercing bullets shall be guilty of a Class 3 felony.
(Source: P.A. 103-822, eff. 1-1-25.)
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720 ILCS 5/24-2.2
(720 ILCS 5/24-2.2) (from Ch. 38, par. 24-2.2)
Sec. 24-2.2.
Manufacture, sale or transfer of bullets or shells
represented to
be armor piercing bullets, dragon's breath shotgun
shells, bolo shells, or
flechette shells.
(a) Except as provided in subsection (b) of
this Section, it is unlawful for any person to knowingly manufacture, sell,
offer to sell, or transfer any bullet or shell which is represented to be
an armor piercing bullet, a dragon's breath shotgun shell, a bolo shell, or a
flechette shell as defined in Section 24-2.1 of this Code.
(b) Exemptions. This Section does not apply to or affect any person
authorized
under Section 24-2.1 to manufacture, sell, purchase, possess, or carry any
armor piercing bullet or any dragon's breath shotgun shell,
bolo shell, or flechette shell with respect to activities which are within
the lawful
scope of the exemption therein granted.
(c) An information or indictment based upon a violation of this Section
need not negate any exemption herein contained. The defendant shall have
the burden of proving such an exemption and that the activities forming
the basis of any criminal charge brought pursuant to this Section were within
the lawful scope of such exemption.
(d) Sentence. A violation of this Section is a Class 4 felony.
(Source: P.A. 92-423, eff. 1-1-02 .)
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720 ILCS 5/24-3
(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
| | 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
| | 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
| | 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,
| | 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
| | 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
| | a person with an intellectual disability.
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|
(g) Delivers any firearm, incidental to a sale,
| | 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
| | 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
| | 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
| | 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
| | 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
| | 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
| | 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
| | 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.
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| (9) Any person convicted of unlawful sale or
| | delivery of firearms in violation of paragraph (d) of subsection (A) commits a Class 3 felony.
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| (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.)
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720 ILCS 5/24-3A
(720 ILCS 5/24-3A)
Sec. 24-3A. Gunrunning.
(a) A person commits gunrunning when he or she transfers 3 or
more firearms in violation of any of the paragraphs of Section 24-3 of this
Code.
(b) Sentence. A person who commits gunrunning: (1) is guilty of a Class 1
felony; (2) is guilty of a Class X felony for which the | | sentence shall be a term of imprisonment of not less than 8 years and not more than 40 years if the transfer is of not less than 11 firearms and not more than 20 firearms;
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| (3) is guilty of a Class X felony for which the
| | sentence shall be a term of imprisonment of not less than 10 years and not more than 50 years if the transfer is of more than 20 firearms.
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| A person who commits gunrunning by transferring firearms to a person
who, at the time of the commission of the offense, is under 18 years of age is
guilty of a Class X felony.
(Source: P.A. 93-906, eff. 8-11-04.)
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720 ILCS 5/24-3B (720 ILCS 5/24-3B) Sec. 24-3B. Firearms trafficking. (a) A person commits firearms trafficking when he or she has not been issued a currently valid Firearm Owner's Identification Card and knowingly: (1) brings, or causes to be brought, into this State, | | a firearm or firearm ammunition for the purpose of sale, delivery, or transfer to any other person or with the intent to sell, deliver, or transfer the firearm or firearm ammunition to any other person; or
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| (2) brings, or causes to be brought, into this State,
| | a firearm and firearm ammunition for the purpose of sale, delivery, or transfer to any other person or with the intent to sell, deliver, or transfer the firearm and firearm ammunition to any other person.
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| (a-5) This Section does not apply to:
(1) a person exempt under Section 2 of the Firearm
| | Owners Identification Card Act from the requirement of having possession of a Firearm Owner's Identification Card previously issued in his or her name by the Illinois State Police in order to acquire or possess a firearm or firearm ammunition;
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| (2) a common carrier under subsection (i) of Section
| | (3) a non-resident who may lawfully possess a
| | firearm in his or her resident state.
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| (b) Sentence.
(1) Firearms trafficking is a Class 1 felony for
| | which the person, if sentenced to a term of imprisonment, shall be sentenced to not less than 4 years and not more than 20 years.
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| (2) Firearms trafficking by a person who has been
| | previously convicted of firearms trafficking, gunrunning, or a felony offense for the unlawful sale, delivery, or transfer of a firearm or firearm ammunition in this State or another jurisdiction is a Class X felony.
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|
(Source: P.A. 102-538, eff. 8-20-21.)
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720 ILCS 5/24-3.1
(720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
Sec. 24-3.1. Unlawful possession of firearms and firearm ammunition.
(a) A person commits the offense of unlawful possession of firearms
or firearm ammunition when:
(1) He is under 18 years of age and has in his | | possession any firearm of a size which may be concealed upon the person; or
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(2) He is under 21 years of age, has been convicted
| | of a misdemeanor other than a traffic offense or adjudged delinquent and has any firearms or firearm ammunition in his possession; or
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|
(3) He is a narcotic addict and has any firearms or
| | firearm ammunition in his possession; or
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|
(4) He has been a patient in a mental institution
| | within the past 5 years and has any firearms or firearm ammunition in his possession. For purposes of this paragraph (4):
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| "Mental institution" means any hospital,
| | institution, clinic, evaluation facility, mental health center, or part thereof, which is used primarily for the care or treatment of persons with mental illness.
|
| "Patient in a mental institution" means the
| | 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; or
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|
(5) He is a person with an intellectual disability
| | and has any firearms or firearm ammunition in his possession; or
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|
(6) He has in his possession any explosive bullet.
For purposes of this paragraph "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.
(b) Sentence.
Unlawful possession of firearms, other than handguns, and firearm
ammunition is a Class A misdemeanor. Unlawful possession of handguns is a
Class 4 felony. The possession of each firearm or firearm ammunition in violation of this Section constitutes a single and separate violation.
(c) Nothing in paragraph (1) of subsection (a) of this Section prohibits
a person under 18 years of age from participating in any lawful recreational
activity with a firearm such as, but not limited to, practice shooting at
targets upon established public or private target ranges or hunting, trapping,
or fishing in accordance with the Wildlife Code or the Fish and Aquatic Life
Code.
(Source: P.A. 99-143, eff. 7-27-15.)
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720 ILCS 5/24-3.2
(720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)
Sec. 24-3.2.
Unlawful discharge of firearm projectiles.
(a) A person
commits the offense of unlawful discharge of firearm projectiles when he
or she knowingly
or recklessly uses an armor piercing bullet, dragon's
breath shotgun shell, bolo shell, or flechette
shell
in violation of
this Section.
For purposes of this Section:
"Armor piercing bullet" means
any handgun bullet or handgun ammunition with projectiles or projectile cores
constructed entirely (excluding the presence of traces of other substances)
from tungsten alloys, steel, iron, brass, bronze, beryllium copper
or depleted uranium, or fully jacketed bullets larger than 22 caliber whose
jacket
has a weight of more than 25% of the total weight of the projectile, and
excluding those handgun
projectiles whose cores are composed of soft materials such as lead or lead
alloys, zinc or zinc alloys, frangible projectiles designed primarily for
sporting purposes, and any
other projectiles or projectile cores that the U. S. Secretary of the Treasury
finds to be primarily intended to be used for sporting purposes or industrial
purposes or that otherwise does not constitute "armor piercing ammunition" as
that term is defined by federal law.
"Dragon's breath shotgun shell" means any shotgun shell that contains
exothermic pyrophoric mesh metal as the projectile and is designed for the
purpose of throwing or spewing a flame or fireball to simulate a flame-thrower.
"Bolo shell" means any shell that can be fired in a firearm and expels as
projectiles 2 or more metal balls connected by solid metal wire.
"Flechette shell" means any shell that can be fired in a firearm and expels
2 or more pieces of fin-stabilized solid metal wire or 2 or more solid
dart-type
projectiles.
(b) A person commits a Class X felony when he or she, knowing that a
firearm,
as defined in Section 1.1 of the Firearm Owners Identification Card
Act, is loaded with an armor
piercing bullet, dragon's breath shotgun shell, bolo
shell, or flechette
shell,
intentionally or recklessly discharges such firearm and such bullet or
shell strikes
any other person.
(c) Any person who possesses, concealed on or about his or her person,
an armor
piercing bullet, dragon's breath shotgun shell, bolo
shell, or flechette
shell
and a firearm suitable for the discharge thereof is guilty
of a Class 2 felony.
(d) This Section does not apply to or affect any of the following:
(1) Peace officers;
(2) 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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(3) Members of the Armed Services or Reserve Forces
| | of the United States or the Illinois National Guard while in the performance of their official duties;
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(4) Federal officials required to carry firearms,
| | while engaged in the performance of their official duties;
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(5) United States Marshals, while engaged in the
| | performance of their official duties.
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(Source: P.A. 92-423, eff. 1-1-02.)
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720 ILCS 5/24-3.3
(720 ILCS 5/24-3.3) (from Ch. 38, par. 24-3.3)
Sec. 24-3.3.
Unlawful Sale or Delivery of Firearms on the Premises of
Any School, regardless of the time of day or the time of year, or any
conveyance owned, leased or contracted by a school to transport students to
or from school or a school related activity, or
residential property owned, operated or managed by a public housing
agency. Any person 18 years of age or older who sells, gives or delivers
any firearm to any person under 18 years of age in any school, regardless
of the time of day or the time of year 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, on the real property
comprising any school, regardless of the time of day or the time of year
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. School is defined, for the
purposes of
this Section, as any public or private elementary or secondary school,
community college, college or university. This does not apply to peace
officers or to students carrying or possessing firearms for use in school
training courses, parades, target shooting on school ranges, or otherwise
with the consent of school authorities and which firearms are transported
unloaded and enclosed in a suitable case, box or transportation package.
(Source: P.A. 91-673, eff. 12-22-99 .)
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720 ILCS 5/24-3.4
(720 ILCS 5/24-3.4) (from Ch. 38, par. 24-3.4)
Sec. 24-3.4.
Unlawful sale of firearms by liquor licensee.
(a) It shall be unlawful for any person who holds a license to sell at
retail any alcoholic liquor issued by the Illinois Liquor Control
Commission or local liquor control commissioner under the Liquor Control Act
of 1934 or an agent or employee of the licensee to sell or deliver to any
other person a firearm in or on the real property of the establishment
where the licensee is licensed to sell alcoholic liquors unless the sale or
delivery of the firearm is otherwise lawful under this Article and under the
Firearm Owners Identification Card Act.
(b) Sentence. A violation of subsection (a) of this Section is a
Class 4 felony.
(Source: P.A. 87-591.)
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720 ILCS 5/24-3.5
(720 ILCS 5/24-3.5)
Sec. 24-3.5. Unlawful purchase of a firearm.
(a) For purposes of this Section,
"firearms transaction record form" means a form:
(1) executed by a transferee of a firearm stating: | | (i) the transferee's name and address (including county or similar political subdivision); (ii) whether the transferee is a citizen of the United States; (iii) the transferee's State of residence; and (iv) the date and place of birth, height, weight, and race of the transferee; and
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(2) on which the transferee certifies that he or she
| | is not prohibited by federal law from transporting or shipping a firearm in interstate or foreign commerce or receiving a firearm that has been shipped or transported in interstate or foreign commerce or possessing a firearm in or affecting commerce.
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(b) A person commits the offense of unlawful purchase of a firearm who
knowingly purchases or attempts to purchase a
firearm with the intent to deliver that firearm to another person who
is prohibited by federal or State law from possessing a firearm.
(c) A person commits the offense of unlawful purchase of a firearm when he
or she, in purchasing or attempting to purchase a firearm, intentionally
provides false or
misleading information on a United States Department of the Treasury, Bureau of
Alcohol, Tobacco and Firearms firearms transaction record form.
(d) Exemption. It is not a violation of subsection (b) of this Section for a
person to make a gift or loan of a firearm to a
person who is not
prohibited by federal or State law from possessing a firearm
if the transfer of the firearm
is made in accordance with Section 3 of the Firearm Owners Identification Card
Act.
(e) Sentence.
(1) A person who commits the offense of unlawful
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(A) is guilty of a Class 2 felony for purchasing
| | or attempting to purchase one firearm;
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(B) is guilty of a Class 1 felony for purchasing
| | or attempting to purchase not less than 2 firearms and not more than 5 firearms at the same time or within a one year period;
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(C) is guilty of a Class X felony for which the
| | offender shall be sentenced to a term of imprisonment of not less than 9 years and not more than 40 years for purchasing or attempting to purchase not less than 6 firearms at the same time or within a 2 year period.
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(2) In addition to any other penalty that may be
| | imposed for a violation of this Section, the court may sentence a person convicted of a violation of subsection (c) of this Section to a fine not to exceed $250,000 for each violation.
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(f) A prosecution for unlawful purchase of a firearm may be commenced within 6 years after the commission of the offense.
(Source: P.A. 95-882, eff. 1-1-09.)
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720 ILCS 5/24-3.6 (720 ILCS 5/24-3.6) (Text of Section before amendment by P.A. 103-822 ) Sec. 24-3.6. Unlawful use of a
firearm in the shape of a wireless telephone. (a) For the purposes of this Section, "wireless telephone" means a
device that is capable of
transmitting or receiving telephonic communications without a wire connecting
the device to the telephone network. (b) A person commits the offense of unlawful use of a
firearm in the shape of a wireless telephone when he or she manufactures,
sells, transfers, purchases, possesses, or carries a firearm shaped or designed
to appear
as a wireless
telephone. (c) This Section does not apply to or affect the sale to or possession of a
firearm in the shape of a wireless telephone by a peace officer. (d) Sentence. Unlawful use of a
firearm in the shape of a wireless telephone is a Class 4 felony. (Source: P.A. 92-155, eff. 1-1-02.) (Text of Section after amendment by P.A. 103-822 ) Sec. 24-3.6. Unlawful possession of a firearm in the shape of a wireless telephone. (a) For the purposes of this Section, "wireless telephone" means a device that is capable of transmitting or receiving telephonic communications without a wire connecting the device to the telephone network. (b) A person commits the offense of unlawful possession of a firearm in the shape of a wireless telephone when he or she manufactures, sells, transfers, purchases, possesses, or carries a firearm shaped or designed to appear as a wireless telephone. (c) This Section does not apply to or affect the sale to or possession of a firearm in the shape of a wireless telephone by a peace officer. (d) Sentence. Unlawful possession of a firearm in the shape of a wireless telephone is a Class 4 felony. (Source: P.A. 103-822, eff. 1-1-25.) |
720 ILCS 5/24-3.7 (720 ILCS 5/24-3.7) Sec. 24-3.7. Use of a stolen firearm in the commission of an offense. (a) A person commits the offense of use of a stolen firearm in the commission of an offense when he or she knowingly uses a stolen firearm in the commission of any offense and the person knows that the firearm was stolen. (b) Sentence. Use of a stolen firearm in the commission of an offense is a Class 2 felony.
(Source: P.A. 96-190, eff. 1-1-10.) |
720 ILCS 5/24-3.8 (720 ILCS 5/24-3.8) Sec. 24-3.8. Possession of a stolen firearm.
(a) A person commits possession of a stolen firearm when he or she, not
being entitled to the possession of a firearm, possesses the
firearm, knowing it to have been stolen or converted. The trier of fact may infer 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.
(b) Possession of a stolen firearm is a Class 2 felony.
(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-347, eff. 1-1-12; 97-1109, eff. 1-1-13.) |
720 ILCS 5/24-3.9 (720 ILCS 5/24-3.9) Sec. 24-3.9. Aggravated possession of a stolen firearm.
(a) A person commits aggravated possession of a stolen firearm when he
or she:
(1) Not being entitled to the possession of not less | | than 2 and not more than 5 firearms, possesses those firearms at the same time or within a one-year period, knowing the firearms to have been stolen or converted.
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(2) Not being entitled to the possession of not less
| | than 6 and not more than 10 firearms, possesses those firearms at the same time or within a 2-year period, knowing the firearms to have been stolen or converted.
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(3) Not being entitled to the possession of not less
| | than 11 and not more than 20 firearms, possesses those firearms at the same time or within a 3-year period, knowing the firearms to have been stolen or converted.
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(4) Not being entitled to the possession of not less
| | than 21 and not more than 30 firearms, possesses those firearms at the same time or within a 4-year period, knowing the firearms to have been stolen or converted.
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(5) Not being entitled to the possession of more than
| | 30 firearms, possesses those firearms at the same time or within a 5-year period, knowing the firearms to have been stolen or converted.
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(b) The trier of fact may infer 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.
(c) Sentence.
(1) A person who violates paragraph (1) of subsection
| | (a) of this Section commits a Class 1 felony.
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(2) A person who violates paragraph (2) of subsection
| | (a) of this Section 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.
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(3) A person who violates paragraph (3) of subsection
| | (a) of this Section 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.
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(4) A person who violates paragraph (4) of subsection
| | (a) of this Section 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.
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(5) A person who violates paragraph (5) of subsection
| | (a) of this Section 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.
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(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-347, eff. 1-1-12; 97-1109, eff. 1-1-13.)
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