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90_HB3908
SEE INDEX
Creates the Firearms Dealer Licensing Law. Requires a
person who engages in the business of selling or transferring
firearms to be licensed by the Department of State Police.
Establishes qualifications for licenses. Provides that it is
a Class 4 felony to engage in the business of selling or
transferring firearms without a license. Requires a licensed
firearms dealer who sells or transfers a firearm to a person
who is not a licensed dealer to report that sale or transfer
to the Department of State Police. Requires a licensed
firearms dealer to have at least $1,000,000 in liability
insurance. Creates the Firearms Accountability Law. Provides
that a person who intentionally or negligently delivers a
firearm, firearm ammunition, or a silencer to: (1) a person
who is not legally authorized to possess that item, (2) a
person who is purchasing the item on behalf of another
person, or (3) any person who knows or has reason to know
that the item will be used unlawfully is civilly liable for
the commission of any subsequent tortious conduct that
directly or indirectly involves the use, attempted use, or
threatened use of the item by any person. Amends the Firearm
Owners Identification Card Act. Establishes penalties for
transferring a firearm to a person whom the transferor knows
or has reasonable cause to believe does not possess a valid
Firearm Owner's Identification Card. Amends the Criminal
Code of 1961. Creates the offenses of possession of a stolen
firearm and aggravated possession of a stolen firearm. Makes
other changes.
LRB9013556RCcdA
LRB9013556RCcdA
1 AN ACT in relation to firearms, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 ARTICLE I. FIREARMS DEALER LICENSING LAW.
5 Section 1-1. Short title. This Article may be cited as
6 the Firearms Dealer Licensing Law, and references in this
7 Article to "this Act" mean this Article.
8 Section 1-5. Definitions. As used in this Act:
9 "Department" means the Department of State Police.
10 "Firearms dealer" means any person who is: (i) engaged in
11 the business of selling firearms at wholesale or retail, (ii)
12 engaged in the business of repairing firearms or of making or
13 fitting special barrels, stocks, or trigger mechanisms to
14 firearms, or (iii) a pawnbroker whose business or occupation
15 includes the taking or receiving, by way of pledge or pawn,
16 of any firearm as security for the payment or repayment of
17 money.
18 "Licensed dealer" means any firearms dealer who is
19 licensed under both this Act and Section 923 of the federal
20 Gun Control Act of 1968 (18 U.S.C. 923).
21 "Person" means an individual, firm, association, society,
22 partnership, limited liability company, corporation, or other
23 entity.
24 "Crime punishable by imprisonment for a term exceeding
25 one year" does not include:
26 (i) any federal or State offenses pertaining to
27 antitrust violations, unfair trade practices, restraints
28 of trade, or other similar offenses relating to the
29 regulation of business practices, or
30 (ii) any State offense classified by the laws of the
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1 State as a misdemeanor and punishable by a term of
2 imprisonment of 2 years or less.
3 What constitutes a conviction of a crime punishable by
4 imprisonment for a term exceeding one year shall be
5 determined in accordance with the law of the jurisdiction in
6 which the proceedings were held. Any conviction that has
7 been expunged, set aside, or for which a person has been
8 pardoned or has had civil rights restored shall not be
9 considered a conviction for purposes of this Act unless the
10 pardon, expungement, or restoration of civil rights expressly
11 provides that the person may not possess or receive firearms.
12 "Engaged in the business" means a person who devotes
13 time, attention, and labor to engaging in the activity as a
14 regular course of trade or business with the principal
15 objective of livelihood and profit, but does not include a
16 person who makes occasional repairs of firearms, or who
17 occasionally fits special barrels, stocks, or trigger
18 mechanisms to firearms.
19 "With the principal objective of livelihood and profit"
20 means that the intent underlying the sale or disposition of
21 firearms is predominantly one of obtaining livelihood and
22 pecuniary gain, as opposed to other intents, such as
23 improving or liquidating a personal firearms collection;
24 however, proof of profit shall not be required as to a person
25 who engages in the regular and repetitive purchase and
26 disposition of firearms for criminal purposes or terrorism.
27 "Terrorism" means activity directed against United States
28 residents that:
29 (i) is committed by an individual who is not a
30 national or permanent resident alien of the United
31 States;
32 (ii) involves violent acts or acts dangerous to
33 human life that would be a criminal violation if
34 committed within the jurisdiction of the United States;
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1 and
2 (iii) is intended:
3 (A) to intimidate or coerce a civilian
4 population;
5 (B) to influence the policy of a government by
6 intimidation or coercion; or
7 (C) to affect the conduct of a government by
8 assassination or kidnapping.
9 "Indictment" includes an indictment or information in any
10 court under which a crime punishable by imprisonment for a
11 term exceeding one year may be prosecuted.
12 "Fugitive from justice" means a person who has fled from
13 any state to avoid prosecution for a crime or to avoid giving
14 testimony in any criminal proceeding.
15 "Firearm" has the meaning ascribed to it in Section 1.1
16 of the Firearm Owners Identification Card Act.
17 "Adjudicated as a disabled person" means adjudicated as a
18 disabled person under the Probate Act of 1975 or the laws of
19 another state.
20 "Cannabis" has the meaning ascribed to it in the Cannabis
21 Control Act.
22 "Controlled substance" has the meaning ascribed to it in
23 the Illinois Controlled Substances Act.
24 Section 1-10. Unlicensed firearms dealer; prohibition.
25 No person may sell or otherwise transfer, or expose for sale
26 or transfer, or have in his or her possession with intent to
27 sell or transfer any firearm without being licensed under
28 this Act. This prohibition does not apply to a person who
29 makes occasional sales, exchanges, or purchases of firearms
30 for the enhancement of a personal collection or as a hobby or
31 who sells all or part of his or her personal collection of
32 firearms.
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1 Section 1-15. License application; requirements;
2 penalty.
3 (a) The Department may grant a firearms dealer license to
4 an applicant who submits evidence that:
5 (1) he or she is at least 21 years of age;
6 (2) he or she, including in the case of a
7 corporation, partnership, or association, an individual
8 possessing, directly or indirectly, the power to direct
9 or cause the direction of the management and policies of
10 the corporation, partnership, or association:
11 (i) has not been convicted of and is not under
12 indictment for a crime punishable by imprisonment
13 for a term exceeding one year;
14 (ii) is not a fugitive from justice;
15 (iii) is not and has not been an unlawful user
16 of or addicted to a controlled substance or
17 cannabis;
18 (iv) has not been adjudicated as a disabled
19 person or committed to a mental institution;
20 (v) is not an alien, illegally or unlawfully,
21 in the United States;
22 (vi) has not been discharged from the Armed
23 Forces under dishonorable conditions; or
24 (vii) is not a former citizen of the United
25 States who has renounced his or her citizenship; and
26 (3) he or she does not have a mental condition that
27 poses a clear and present danger to the applicant,
28 another person, or to the community. For purposes of
29 this subdivision (3), "mental condition" means a state of
30 mind manifested by violent, suicidal, threatening, or
31 assaultive behavior.
32 (b) An application for a firearms dealer license shall be
33 made on forms furnished by the Department. The application
34 shall be verified by the applicant under oath and shall be
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1 accompanied by the required fee.
2 (c) The applicant shall submit to the Department a
3 license fee of $1,000.
4 (d) The applicant shall submit to fingerprinting in
5 accordance with rules adopted by the Department and shall pay
6 a fingerprint processing fee in the amount set by the
7 Department by rule.
8 (e) A person who knowingly makes a false statement or
9 knowingly conceals a material fact or uses false information
10 or identification in any application for a license under this
11 Act commits a Class A misdemeanor.
12 (f) A license granted under this Act shall remain in
13 effect until it is revoked, suspended, or otherwise withdrawn
14 by the Department or until it is surrendered by the licensee.
15 (g) The provisions of subdivision (a)(2)(ii) do not
16 apply to a person who has been granted relief from
17 disabilities under subsection (c) of Section 925 of Title 18
18 of the United States Code or to a licensed dealer who is
19 indicted for a crime who is operating under an existing
20 license if, before the expiration of the term of the existing
21 license, timely application is made for a new license during
22 the term of the indictment and until any conviction under the
23 indictment becomes final.
24 Section 1-20. License retention; requirements. A
25 license granted under this Act shall be subject to all of the
26 following requirements:
27 (1) A licensed dealer shall only transact business under
28 this Act at an address that has a zoning classification that
29 permits the operation of a retail establishment.
30 (2) A licensed dealer may not transact business in any
31 place other than the premises specified in his or her
32 license, except that a licensed dealer may display, sell, or
33 transfer firearms at a gun show open to the general public or
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1 at any regular meeting of an incorporated collectors club in
2 accordance with this Act and federal law.
3 (3) A licensed dealer shall not violate any provision of
4 any federal or State law pertaining to the possession, use,
5 sale, or delivery of firearms.
6 (4) The licensed dealer shall strictly adhere to the
7 provisions of all applicable federal and State laws and local
8 ordinances and local business license requirements.
9 (5) A separate license shall be obtained for each
10 separate place of business. Before a licensed dealer moves
11 his or her place of business, he or she shall promptly apply
12 to the Department for an amended license.
13 (6) The license, or a copy of the license certified by
14 the Department, shall be displayed on the premises at a
15 location where it can easily be read.
16 (7) No firearm shall be displayed in any outer window of
17 the premises or in any other place where it can readily be
18 seen from the outside.
19 (8) Every firearm shall be unloaded when delivered.
20 (9) The licensee shall obtain a certificate of
21 registration issued under the Retailers' Occupation Tax Act.
22 (10) The licensee shall take reasonable precautions to
23 ensure that the firearms the licensee sells will not be used
24 illegally. These precautions shall include, but not be
25 limited to: (i) the refusal to sell a firearm to a person
26 the licensee knows or has reason to know is purchasing the
27 firearm on behalf of another person who could not legally
28 purchase the firearm; (ii) the refusal to sell a firearm to a
29 person who has provided a home address in a municipality or
30 county in which possession of that type of firearm is
31 illegal.
32 (11) The licensee shall make available the licensee's
33 records to any officer or employee of the Department or of
34 any local government in this State whenever the officer or
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1 employee is authorized to enforce laws or ordinances
2 pertaining to firearms.
3 (12) The licensee shall have in effect at all times
4 liability insurance in the amount of at least $1,000,000 that
5 insures the payment of any judgment against the licensee.
6 Section 1-25. Enforcement; revocation; notice. This Act
7 shall be enforced by the Department, and may be enforced, for
8 the purpose of determining compliance with this Act, by any
9 municipality in which the licensee is located or, if the
10 licensee is not located in a municipality, by the county in
11 which the licensee is located. The Department, after due
12 notice to the licensee and reasonable opportunity for the
13 licensee to be heard, may revoke a license or may suspend a
14 license for a period of time that the Department may deem
15 proper upon satisfactory proof that the licensee has violated
16 or permitted a violation of any requirement of this Act or is
17 no longer eligible to obtain a license under Section 1-15. A
18 person whose license has been revoked by the Department is
19 disqualified to receive a license for 10 years after the
20 revocation. Any person who has substantially participated in
21 the operation or management of a licensee that has had its
22 license revoked may not be employed by or participate in the
23 business of any other licensee for 10 years after the
24 revocation. Proceedings for revocation or suspension under
25 this Section may be initiated by the Department or by a
26 municipality or county.
27 Section 1-30. Submission to Department. A licensed
28 dealer shall, within 24 hours after making a sale or transfer
29 of a firearm to a person who is not licensed as a dealer,
30 report that sale to the Department of State Police as
31 provided in Section 24-4 of the Criminal Code of 1961. All
32 records of such reports shall be made available to any law
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1 enforcement agency responsible for the enforcement of any
2 federal or State law or local ordinance relating to firearms
3 and to any licensed dealer who requests information relating
4 to a person who is seeking to purchase one or more firearms
5 from that dealer.
6 Section 1-35. Penalty. Any firearms dealer who sells,
7 or who possesses with intent to sell, trade, or transfer, any
8 firearm without being licensed under this Act is guilty of a
9 Class 4 felony.
10 ARTICLE II. FIREARMS ACCOUNTABILITY LAW.
11 Section 2-1. Short title. This Article may be cited as
12 the Firearms Accountability Law, and references in this
13 Article to "this Act" mean this Article.
14 Section 2-5. Cause of action.
15 Whenever any person intentionally or negligently delivers
16 or causes to be delivered a firearm, firearm ammunition, or
17 silencer to: (1) any person who is not legally authorized to
18 possess that item; (2) a person who is purchasing the item on
19 behalf of another person; or (3) any other person the
20 deliverer knows or has reason to know will use the item
21 unlawfully; the deliverer shall thereafter be civilly liable
22 for the commission of any subsequent tortious conduct that
23 directly or indirectly involves the use, attempted use or
24 threatened use of the item by any person. The civil
25 liability created by this Section shall not be dependent upon
26 any causal relationship that is required to be established in
27 order to create liability under common law.
28 Section 2-10. Punitive damages. A person bringing an
29 action under this Act may be entitled to recover punitive
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1 damages if the conduct of the defendant that gave rise to the
2 cause of action was either intentional, reckless, or grossly
3 negligent.
4 Section 2-15. Joint and several liability. Persons
5 subject to liability under this Act are jointly and severally
6 liable.
7 Section 2-20. Stay of proceedings. The prosecuting
8 attorney of any government or governmental subdivision or
9 agency may move for a stay of any proceeding brought under
10 this Act, to include all discovery, pending the completion of
11 an investigation or prosecution of a criminal case related to
12 the subject matter of a suit brought under this Act.
13 Section 2-25. Other remedies. The remedies provided by
14 this Act are in addition to any other remedies allowed by
15 law.
16 ARTICLE III. AMENDATORY PROVISIONS.
17 Section 3-5. The Firearm Owners Identification Card Act
18 is amended by changing Sections 1.1, 3, 4, and 14 as follows:
19 (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
20 Sec. 1.1. For purposes of this Act: "Firearm" means any
21 device, by whatever name known, which is designed to expel a
22 projectile or projectiles by the action of an explosion,
23 expansion of gas or escape of gas; excluding, however:
24 (1) any pneumatic gun, spring gun, paint ball gun
25 or B-B gun which either expels a single globular
26 projectile not exceeding .18 inch in diameter and which
27 has a maximum muzzle velocity of less than 700 feet per
28 second or breakable paint balls containing washable
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1 marking colors;
2 (2) any device used exclusively for signalling or
3 safety and required or recommended by the United States
4 Coast Guard or the Interstate Commerce Commission; or
5 (3) any device used exclusively for the firing of
6 stud cartridges, explosive rivets or similar industrial
7 ammunition;
8 (4) an antique firearm (other than a machine-gun)
9 which, although designed as a weapon, the Department of
10 State Police finds by reason of the date of its
11 manufacture, value, design, and other characteristics is
12 primarily a collector's item and is not likely to be used
13 as a weapon.
14 "Firearm Ammunition" means any self-contained cartridge
15 or shotgun shell, by whatever name known, which is designed
16 to be used or adaptable to use in a firearm; excluding,
17 however:
18 (1) any ammunition exclusively designed for use
19 with a device used exclusively for signalling or safety
20 and required or recommended by the United States Coast
21 Guard or the Interstate Commerce Commission; or
22 (2) any ammunition designed exclusively for use
23 with a stud or rivet driver or other similar industrial
24 ammunition.
25 "Transfer" means the actual, constructive, or attempted
26 transfer of a firearm or firearm ammunition, with or without
27 consideration, whether or not there is an agency
28 relationship.
29 (Source: P.A. 86-349; 86-1265.)
30 (430 ILCS 65/3) (from Ch. 38, par. 83-3)
31 Sec. 3. (a) Except as provided in Section 3a, no person
32 within this State may knowingly transfer, or cause to be
33 transferred, any firearm or any firearm ammunition to any
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1 person within this State unless the transferee with whom he
2 deals displays a currently valid Firearm Owner's
3 Identification Card which has previously been issued in his
4 name by the Department of State Police under the provisions
5 of this Act. In addition, all firearm transfers by federally
6 licensed firearm dealers are subject to Section 3.1. The
7 person transferring the firearm or firearm ammunition shall,
8 at the time of the transfer, personally inspect the Firearm
9 Owner's Identification Card to verify the identity of the
10 person to whom the firearm or firearm ammunition is being
11 transferred.
12 (b) Any person within this State who transfers or causes
13 to be transferred any firearm shall keep a record of such
14 transfer for a period of 10 years from the date of transfer.
15 Such record shall contain the date of the transfer; the
16 description, serial number or other information identifying
17 the firearm if no serial number is available; the name and
18 address of the person to whom the firearm is being
19 transferred; and, if the transfer was completed within this
20 State, the transferee's Firearm Owner's Identification Card
21 number. The record of transfer shall be made at the time of
22 transfer. On demand of a peace officer such transferor shall
23 produce for inspection such record of transfer.
24 (c) The provisions of this Section regarding the
25 transfer of firearm ammunition shall not apply to those
26 persons specified in paragraph (b) of Section 2 of this Act.
27 (d) Sentence.
28 (1) Except as set forth in paragraph (2) of this
29 subsection (d), a person who violates subsection (a) by
30 transferring or causing to be transferred in this State
31 any firearm to a person he or she knows or has reasonable
32 cause to believe does not possess a valid Firearm Owner's
33 Identification Card is guilty of a Class 4 felony. A
34 person who commits more than one violation of subsection
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1 (a) as described in this Section:
2 (A) is guilty of a Class 3 felony for transfer
3 of not less than 2 firearms and not more than 5
4 firearms at the same time or within a one year
5 period;
6 (B) is guilty of a Class 2 felony for transfer
7 of not less than 6 firearms and not more than 10
8 firearms at the same time or within a 2 year period;
9 (C) is guilty of a Class 1 felony for transfer
10 of not less than 11 firearms and not more than 20
11 firearms at the same time or within a 3 year period;
12 (D) is guilty of a Class X felony for which
13 the person shall be sentenced to a term of
14 imprisonment of not less than 6 years and not more
15 than 30 years for transfer of not less than 21
16 firearms and not more than 30 firearms at the same
17 time or within a 4 year period;
18 (E) is guilty of a Class X felony for which
19 the person shall be sentenced to a term of
20 imprisonment of not less than 6 years and not more
21 than 40 years for transfer of not less than 31
22 firearms and not more than 40 firearms at the same
23 time or within a 5 year period;
24 (F) is guilty of a Class X felony for which
25 the person shall be sentenced to a term of
26 imprisonment of not less than 6 years and not more
27 than 50 years for transfer of more than 40 firearms
28 at the same time or within a 6 year period.
29 (2) A person who violates subsection (a) by
30 transferring or causing to be transferred in this State
31 any firearm to a person he or she knows or has reasonable
32 cause to know does not possess a valid Firearm Owner's
33 Identification Card is guilty of a Class A misdemeanor if
34 the person transferring the firearm proves that the
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1 transfer of the firearm was to a member of the person's
2 immediate family who is over the age of 18. For the
3 purposes of this paragraph (2), "immediate family" means
4 the person's spouse, parent, brother, sister, uncle,
5 aunt, child, or grandchild.
6 (3) A person who violates subsection (a) by
7 transferring or causing to be transferred in this State
8 any firearm ammunition to a person he or she knows or has
9 reasonable cause to believe does not possess a currently
10 valid Firearm Owners Identification Card is guilty of a
11 Class A misdemeanor for a first conviction, a Class 4
12 felony for a second conviction, and a Class 3 felony for
13 a third or subsequent conviction.
14 (4) A person who violates subsection (b) by failing
15 to keep records is guilty of a Class A misdemeanor if the
16 failure to keep records is not willful. A person who
17 willfully fails to keep records of the transfer of a
18 firearm is guilty of a Class 4 felony. A person who
19 willfully fails to keep records relating to the transfer
20 of more than one firearm:
21 (A) is guilty of a Class 3 felony for transfer
22 of not less than 2 firearms and not more than 5
23 firearms at the same time or within a one year
24 period;
25 (B) is guilty of a Class 2 felony for transfer
26 of not less than 6 firearms and not more than 10
27 firearms at the same time or within a 2 year period;
28 (C) is guilty of a Class 1 felony for transfer
29 of not less than 11 firearms and not more than 20
30 firearms at the same time or within a 3 year period;
31 (D) is guilty of a Class X felony for which
32 the person shall be sentenced to a term of
33 imprisonment of not less than 6 years and not more
34 than 30 years for transfer of not less than 21
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1 firearms and not more than 30 firearms at the same
2 time or within a 4 year period;
3 (E) is guilty of a Class X felony for which
4 the person shall be sentenced to a term of
5 imprisonment of not less than 6 years and not more
6 than 40 years for transfer of not less than 31
7 firearms and not more than 40 firearms at the same
8 time or within a 5 year period;
9 (F) is guilty of a Class X felony for which
10 the person shall be sentenced to a term of
11 imprisonment of not less than 6 years and not more
12 than 50 years for transfer of more than 40 firearms
13 at the same time or within a 6 year period.
14 (Source: P.A. 87-299.)
15 (430 ILCS 65/4) (from Ch. 38, par. 83-4)
16 Sec. 4. (a) Each applicant for a Firearm Owner's
17 Identification Card shall:
18 (1) Make application on blank forms prepared and
19 furnished at convenient locations throughout the State by
20 the Department of State Police; and
21 (2) Submit evidence under penalty of perjury to the
22 Department of State Police that:
23 (i) He is 21 years of age or over, or if he is
24 under 21 years of age that he has the written
25 consent of his parent or legal guardian to possess
26 and acquire firearms and firearm ammunition and that
27 he has never been convicted of a misdemeanor other
28 than a traffic offense or adjudged delinquent,
29 provided, however, that such parent or legal
30 guardian is not an individual prohibited from having
31 a Firearm Owner's Identification Card and files an
32 affidavit with the Department as prescribed by the
33 Department stating that he is not an individual
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1 prohibited from having a Card;
2 (ii) He has not been convicted of a felony
3 under the laws of this or any other jurisdiction;
4 (iii) He is not addicted to narcotics;
5 (iv) He has not been a patient in a mental
6 institution within the past 5 years;
7 (v) He is not mentally retarded;
8 (vi) He is not an alien who is unlawfully
9 present in the United States under the laws of the
10 United States;
11 (vii) He or she is not subject to an existing
12 order of protection prohibiting him or her from
13 possessing a firearm;
14 (viii) He or she has not been convicted within
15 the past 5 years of battery, assault, aggravated
16 assault, violation of an order of protection, or a
17 substantially similar offense in another
18 jurisdiction, in which a firearm was used or
19 possessed;
20 (ix) He or she has not been convicted of
21 domestic battery or a substantially similar offense
22 in another jurisdiction committed on or after the
23 effective date of this amendatory Act of 1997; and
24 (x) He or she has not been convicted within
25 the past 5 years of domestic battery or a
26 substantially similar offense in another
27 jurisdiction committed before the effective date of
28 this amendatory Act of 1997.
29 (a-5) The application shall require the applicant to
30 list his or her social security number, the full maiden name
31 of his or her mother or other code name information
32 prescribed by the Director of State Police by rule, and his
33 or her driver's license number or State identification card
34 number.
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1 (b) Each application form shall include the following
2 statement printed in bold type: "Warning: False statements
3 of the applicant shall result in prosecution for perjury in
4 accordance with Section 32-2 of the Criminal Code of 1961.".
5 (c) Upon such written consent, pursuant to Section 4,
6 paragraph (a) (2) (i), the parent or legal guardian giving
7 the consent shall be liable for any damages resulting from
8 the applicant's use of firearms or firearm ammunition.
9 (Source: P.A. 89-367, eff. 1-1-96; 90-493, eff. 1-1-98.)
10 (430 ILCS 65/14) (from Ch. 38, par. 83-14)
11 Sec. 14. Sentence.
12 (a) A violation of paragraph (1) of subsection (a) of
13 Section 2, when the person's Firearm Owner's Identification
14 Card is expired but the person is not otherwise disqualified
15 from renewing the card, is a Class A misdemeanor.
16 (b) Except as provided in subsection (a) with respect to
17 an expired card, a violation of paragraph (1) of subsection
18 (a) of Section 2 is a Class A misdemeanor when the person
19 does not possess a currently valid Firearm Owner's
20 Identification Card, but is otherwise eligible under this
21 Act. A second or subsequent violation is a Class 4 felony.
22 (c) A violation of paragraph (1) of subsection (a) of
23 Section 2 is a Class 3 felony when:
24 (1) the person's Firearm Owner's Identification
25 Card is revoked or subject to revocation under Section 8;
26 or
27 (2) the person's Firearm Owner's Identification
28 Card is expired and not otherwise eligible for renewal
29 under this Act; or
30 (3) the person does not possess a currently valid
31 Firearm Owner's Identification Card, and the person is
32 not otherwise eligible under this Act.
33 (d) Except as otherwise provided in subsection (d) of
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1 Section 3, a violation of subsection (a) of Section 3 is a
2 Class 4 felony.
3 (e) Except as otherwise provided in Section 3, any other
4 violation of this Act is a Class A misdemeanor.
5 (Source: P.A. 88-680, eff. 1-1-95; 89-377, eff. 8-18-95.)
6 Section 3-10. The Criminal Code of 1961 is amended by
7 changing Sections 16-1, 24-1.1, 24-3, and 24-4 and adding
8 Sections 2-7.1, 2-7.2, 2-23, 16-16, and 16-16.1 as follows:
9 (720 ILCS 5/2-7.1 new)
10 Sec. 2-7.1. "Firearm". "Firearm" has the meaning
11 ascribed to that term in Section 1.1 of the Firearm Owners
12 Identification Card Act.
13 (720 ILCS 5/2-7.2 new)
14 Sec. 2-7.2. "Firearm ammunition". "Firearm ammunition"
15 means any self-contained cartridge or shotgun shell, by
16 whatever name known, that is designed to be used or adaptable
17 to use in a firearm; excluding, however:
18 (1) any ammunition exclusively designed for use
19 with a device used exclusively for signalling or safety
20 and required or recommended by the United States Coast
21 Guard or the Interstate Commerce Commission; or
22 (2) any ammunition designed exclusively for use
23 with a stud or rivet driver or other similar industrial
24 ammunition.
25 (720 ILCS 5/2-23 new)
26 Sec. 2-23. "Transfer" includes the actual, constructive,
27 or attempted transfer of an item, with or without
28 consideration.
29 (720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
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1 Sec. 16-1. Theft.
2 (a) A person commits theft when he knowingly:
3 (1) Obtains or exerts unauthorized control over
4 property of the owner; or
5 (2) Obtains by deception control over property of
6 the owner; or
7 (3) Obtains by threat control over property of the
8 owner; or
9 (4) Obtains control over stolen property knowing
10 the property to have been stolen or under such
11 circumstances as would reasonably induce him to believe
12 that the property was stolen; or
13 (5) Obtains or exerts control over property in the
14 custody of any law enforcement agency which is explicitly
15 represented to him by any law enforcement officer or any
16 individual acting in behalf of a law enforcement agency
17 as being stolen, and
18 (A) Intends to deprive the owner permanently
19 of the use or benefit of the property; or
20 (B) Knowingly uses, conceals or abandons the
21 property in such manner as to deprive the owner
22 permanently of such use or benefit; or
23 (C) Uses, conceals, or abandons the property
24 knowing such use, concealment or abandonment
25 probably will deprive the owner permanently of such
26 use or benefit.
27 The term "firearm" for the purposes of this Section has
28 the meaning ascribed to it in Section 1.1 of the Firearm
29 Owners Identification Card Act.
30 (b) Sentence.
31 (1) Theft of property, other than a firearm, not
32 from the person and not exceeding $300 in value is a
33 Class A misdemeanor.
34 (2) A person who has been convicted of theft of
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1 property not exceeding $300 in value, other than a
2 firearm and not from the person, who has been previously
3 convicted of any type of theft, robbery, armed robbery,
4 burglary, residential burglary, possession of burglary
5 tools or home invasion is guilty of a Class 4 felony.
6 When a person has any such prior conviction, the
7 information or indictment charging that person shall
8 state such prior conviction so as to give notice of the
9 State's intention to treat the charge as a felony. The
10 fact of such prior conviction is not an element of the
11 offense and may not be disclosed to the jury during trial
12 unless otherwise permitted by issues properly raised
13 during such trial.
14 (3) (Blank). Theft of a firearm not from the person
15 regardless of value is a Class 4 felony. A second or
16 subsequent such offense is a Class 3 felony.
17 (4) Theft of property from the person not exceeding
18 $300 in value, or theft of property exceeding $300 and
19 not exceeding $10,000 in value, is a Class 3 felony.
20 (5) Theft of property exceeding $10,000 and not
21 exceeding $100,000 in value is a Class 2 felony.
22 (6) Theft of property exceeding $100,000 in value
23 is a Class 1 felony.
24 (7) Theft by deception, as described by paragraph
25 (2) of subsection (a) of this Section, in which the
26 offender obtained money or property valued at $5,000 or
27 more from a victim 60 years of age or older is a Class 2
28 felony.
29 (c) When a charge of theft of property exceeding a
30 specified value is brought, the value of the property
31 involved is an element of the offense to be resolved by the
32 trier of fact as either exceeding or not exceeding the
33 specified value.
34 (Source: P.A. 89-377, eff. 8-18-95.)
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1 (720 ILCS 5/16-16 new)
2 Sec. 16-16. Possession of a stolen firearm.
3 (a) A person commits possession of a stolen firearm when
4 he or she, not being entitled to the possession of a firearm,
5 possesses or delivers the firearm, knowing it to have been
6 stolen or converted. It may be inferred that a person who
7 possesses a firearm with knowledge that its serial number has
8 been removed or altered has knowledge that the firearm is
9 stolen or converted.
10 (b) Possession of a stolen firearm is a Class 2 felony.
11 (720 ILCS 5/16-16.1 new)
12 Sec. 16-16.1. Aggravated possession of a stolen firearm.
13 (a) A person commits aggravated possession of a stolen
14 firearm when he or she:
15 (1) Not being entitled to the possession of not
16 less than 2 and not more than 5 firearms, possesses or
17 delivers those firearms at the same time or within a one
18 year period, knowing the firearms to have been stolen or
19 converted.
20 (2) Not being entitled to the possession of not
21 less than 6 and not more than 10 firearms, possesses or
22 delivers those firearms at the same time or within a 2
23 year period, knowing the firearms to have been stolen or
24 converted.
25 (3) Not being entitled to the possession of not
26 less than 11 and not more than 20 firearms, possesses or
27 delivers those firearms at the same time or within a 3
28 year period, knowing the firearms to have been stolen or
29 converted.
30 (4) Not being entitled to the possession of not
31 less than 21 and not more than 30 firearms, possesses or
32 delivers those firearms at the same time or within a 4
33 year period, knowing the firearms to have been stolen or
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1 converted.
2 (5) Not being entitled to the possession of not
3 less than 31 and not more than 40 firearms, possesses or
4 delivers those firearms at the same time or within a 5
5 year period, knowing the firearms to have been stolen or
6 converted.
7 (6) Not being entitled to the possession of more
8 than 40 firearms possesses or delivers those firearms at
9 the same time or within a 6 year period, knowing the
10 firearms to have been stolen or converted.
11 (b) It may be inferred that a person who possesses
12 a firearm with knowledge that its serial number has been
13 removed or altered has knowledge that the firearm is stolen
14 or converted.
15 (c) Sentence.
16 (1) A person who violates paragraph (1) of
17 subsection (a) of this Section commits a Class 2 felony.
18 (2) A person who violates paragraph (2) of
19 subsection (a) of this Section commits a Class 1 felony.
20 (3) A person who violates paragraph (3) of
21 subsection (a) of this Section commits a Class X felony
22 for which he or she shall be sentenced to a term of
23 imprisonment of not less than 6 years and not more than
24 30 years.
25 (4) A person who violates paragraph (4) of
26 subsection (a) of this Section commits a Class X felony
27 for which he or she shall be sentenced to a term of
28 imprisonment of not less than 6 years and not more than
29 40 years.
30 (5) A person who violates paragraph (5) of
31 subsection (a) of this Section commits a Class X felony
32 for which he or she shall be sentenced to a term of
33 imprisonment of not less than 6 years and not more than
34 50 years.
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1 (6) A person who violates paragraph (6) of
2 subsection (a) of this Section commits a Class X felony
3 for which he or she shall be sentenced to a term of
4 imprisonment of not less than 6 years and not more than
5 60 years.
6 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
7 Sec. 24-1.1. Unlawful Use or Possession of Weapons by
8 Felons or Persons in the Custody of the Department of
9 Corrections Facilities.
10 (a) It is unlawful for a person to knowingly possess on
11 or about his person or on his land or in his own abode or
12 fixed place of business any weapon prohibited under Section
13 24-1 of this Act or any firearm or any firearm ammunition if
14 the person has been convicted of a felony under the laws of
15 this State or any other jurisdiction. This Section shall not
16 apply if the person has been granted relief by the Director
17 of the Department of State Police under Section 10 of the
18 Firearm Owners Identification Card Act.
19 (b) It is unlawful for any person confined in a penal
20 institution, which is a facility of the Illinois Department
21 of Corrections, to possess any weapon prohibited under
22 Section 24-1 of this Code or any firearm or firearm
23 ammunition, regardless of the intent with which he possesses
24 it.
25 (c) It shall be an affirmative defense to a violation of
26 subsection (b), that such possession was specifically
27 authorized by rule, regulation, or directive of the Illinois
28 Department of Corrections or order issued pursuant thereto.
29 (d) The defense of necessity is not available to a
30 person who is charged with a violation of subsection (b) of
31 this Section.
32 (e) Sentence. Violation of this Section by a person not
33 confined in a penal institution shall be a Class 3 felony for
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1 which the person, if sentenced to a term of imprisonment,
2 shall be sentenced to no less than 2 years and no more than
3 10 years. Violation of this Section by a person not confined
4 in a penal institution who has been convicted of a forcible
5 felony, a felony violation of Article 24 of this Code or of
6 the Firearm Owners Identification Card Act, stalking or
7 aggravated stalking, or a Class 2 or greater felony under the
8 Illinois Controlled Substances Act or the Cannabis Control
9 Act is a Class 2 felony for which the person, if sentenced to
10 a term of imprisonment, shall be sentenced to not less than 3
11 years and not more than 14 years. Violation of this Section
12 by a person who is on parole or mandatory supervised release
13 is a Class 2 felony for which the person, if sentenced to a
14 term of imprisonment, shall be sentenced to not less than 3
15 years and not more than 14 years. Violation of this Section
16 by a person not confined in a penal institution is a Class X
17 felony when the firearm possessed is a machine gun. Any
18 person who violates this Section while confined in a penal
19 institution, which is a facility of the Illinois Department
20 of Corrections, is guilty of a Class 1 felony, if he
21 possesses any weapon prohibited under Section 24-1 of this
22 Code regardless of the intent with which he possesses it, and
23 a Class X felony if he possesses any firearm, firearm
24 ammunition or explosive, and a Class X felony for which the
25 offender shall be sentenced to not less than 12 years and not
26 more than 50 years when the firearm possessed is a machine
27 gun.
28 (Source: P.A. 88-300.)
29 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
30 Sec. 24-3. Unlawful transfer Sale of firearms. A person
31 commits the offense of unlawful transfer sale of firearms
32 when he or she knowingly:
33 (a) Transfers or possesses with intent to transfer Sells
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1 or gives any firearm of a size which may be concealed upon
2 the person to any person he or she has reasonable cause to
3 believe is under 18 years of age; or
4 (b) Transfers or possesses with intent to transfer Sells
5 or gives any firearm to a person he or she has reasonable
6 cause to believe is under 18 years of age; or under 21 years
7 of age who has been convicted of a misdemeanor other than a
8 traffic offense or adjudged delinquent; or
9 (c) Transfers or possesses with intent to transfer Sells
10 or gives any firearm to any person he or she has reasonable
11 cause to believe is a narcotic addict; or
12 (d) Transfers or possesses with intent to transfer Sells
13 or gives any firearm to any person he or she has reasonable
14 cause to believe who has been convicted of a felony under the
15 laws of this or any other jurisdiction; or
16 (e) Transfers or possesses with intent to transfer Sells
17 or gives any firearm to any person he or she has reasonable
18 cause to believe who has been a patient in a mental hospital
19 within the past 5 years; or
20 (f) Transfers or possesses with intent to transfer Sells
21 or gives any firearms to any person he or she knows or has
22 reasonable cause to believe who is mentally retarded; or
23 (g) Knowingly transfers Delivers any firearm of a size
24 which may be concealed upon the person, incidental to a sale,
25 without withholding delivery of such firearm for at least 72
26 hours after application for its purchase has been made, or
27 delivers any rifle, shotgun or other long gun, incidental to
28 a sale, without withholding delivery of such rifle, shotgun
29 or other long gun for at least 24 hours after application for
30 its purchase has been made. However, this paragraph shall not
31 apply to: (1) the sale of a firearm to a law enforcement
32 officer or a person who desires to purchase a firearm for use
33 in promoting the public interest incident to his employment
34 as a bank guard, armed truck guard, or other similar
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1 employment; or (2) a mail order sale of a firearm to a
2 nonresident of Illinois under which the firearm is mailed to
3 a point outside the boundaries of Illinois; or (3) the sale
4 of a firearm to a nonresident of Illinois while at a firearm
5 showing or display recognized by the Illinois Department of
6 State Police; or (4) the sale of a firearm to a dealer
7 licensed under the Federal Firearms Act of the United States;
8 or
9 (h) While holding any license under the Federal "Gun
10 Control Act of 1968", as amended, as a dealer, importer,
11 manufacturer or pawnbroker; knowingly manufactures, sells or
12 delivers to any unlicensed person a handgun having a barrel,
13 slide, frame or receiver which is a die casting of zinc alloy
14 or any other nonhomogeneous metal which will melt or deform
15 at a temperature of less than 800 degrees Fahrenheit. For
16 purposes of this paragraph, (1) "firearm" is defined as in
17 the Firearm Owners Identification Card Act; "An Act relating
18 to the acquisition, possession and transfer of firearms and
19 firearm ammunition, to provide a penalty for the violation
20 thereof and to make an appropriation in connection
21 therewith", approved August 3, 1967, as amended; (2)
22 "handgun" is defined as a firearm designed to be held and
23 fired by the use of a single hand, and includes a combination
24 of parts from which a firearm can be assembled; or
25 (i) Transfers or possesses with intent to transfer Sells
26 or gives a firearm of any size to any person he or she knows
27 or has reasonable cause to believe is under 18 years of age
28 who does not possess a valid Firearm Owner's Identification
29 Card; or .
30 (i-5) Transfers or possesses with intent to transfer
31 more than one firearm to any person within any 30 day period
32 or transfers or possesses with intent to transfer a firearm
33 to any person he or she knows or has reasonable cause to
34 believe has purchased or has been given a firearm within the
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1 previous 30 days; or
2 (i-10) Transfers or possesses with intent to transfer a
3 firearm to any person he or she knows or has reasonable cause
4 to believe resides in a municipality or county in which
5 possession of that type of firearm is illegal; or
6 (i-15) Transfers or possesses with intent to transfer a
7 firearm to a person he or she knows or has reasonable cause
8 to believe is not receiving the firearm for the person's own
9 possession and use; or
10 (i-20) Transfers or possesses with intent to transfer a
11 firearm to any person he or she knows or has reasonable cause
12 to believe intends to use or transfer the firearm unlawfully.
13 (j) Paragraph (h) of this Section shall not include
14 firearms sold within 6 months after enactment of this
15 amendatory Act of 1973, nor shall any firearm legally owned
16 or possessed by any citizen or purchased by any citizen
17 within 6 months after the enactment of this amendatory Act of
18 1973 be subject to confiscation or seizure under the
19 provisions of this amendatory Act of 1973. Nothing in this
20 amendatory Act of 1973 shall be construed to prohibit the
21 gift or trade of any firearm if that firearm was legally held
22 or acquired within 6 months after the enactment of this
23 amendatory Act of 1973.
24 (k) Sentence.
25 Any person convicted of unlawful transfer sale of
26 firearms in violation of paragraph (c), (e), (f), (g), or
27 paragraphs (b) through (h) commits a Class 4 felony.
28 Any person convicted of unlawful transfer sale of
29 firearms in violation of paragraph (a), (b), or (i), (i-5),
30 (i-10), (i-15), or (i-20) commits a Class 3 felony. Any
31 person convicted of unlawful transfer sale of firearms in
32 violation of paragraph (a) or (i) in any school, regardless
33 of the time of day or the time of year, in residential
34 property owned, operated, and managed by a public housing
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1 agency, in a public park, in a courthouse, on the real
2 property comprising any school, regardless of the time of day
3 or the time of year, on residential property owned, operated,
4 and managed by a public housing agency, on the real property
5 comprising any public park, on the real property comprising
6 any courthouse, in any conveyance owned, leased, or
7 contracted by a school to transport students to or from
8 school or a school related activity, or on any public way
9 within 1,000 feet of the real property comprising any school,
10 public park, courthouse, or residential property owned,
11 operated, and managed by a public housing agency commits a
12 Class 2 felony.
13 A person convicted of unlawful transfer of firearms in
14 violation of paragraph (d) commits a Class 2 felony.
15 (Source: P.A. 88-680, eff. 1-1-95.)
16 (720 ILCS 5/24-4) (from Ch. 38, par. 24-4)
17 Sec. 24-4. Register of sales by dealer.
18 (a) Any seller of firearms of a size which may be
19 concealed upon the person, other than a manufacturer selling
20 to a bona fide wholesaler or retailer or a wholesaler selling
21 to a bona fide retailer, shall keep a register of all
22 firearms sold or given away.
23 (b) The Such register shall contain the date of the sale
24 or gift, the name, address, age and occupation of the person
25 to whom the weapon is sold or given, the price of the weapon,
26 the kind, description and number of the weapon, and the
27 purpose for which it is purchased and obtained.
28 (b-5) The seller shall, within 24 hours of making a sale
29 required to be registered under this Section, transmit the
30 information described in subsection (b) to the Department of
31 State Police.
32 (c) The Such seller on demand of a peace officer shall
33 produce for inspection the register and allow such peace
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1 officer to inspect such register and all stock on hand.
2 (d) Sentence.
3 Violation of this Section is a Class B misdemeanor.
4 (Source: P. A. 77-2638.)
-29- LRB9013556RCcdA
1 INDEX
2 Statutes amended in order of appearance
3 New Act
4 430 ILCS 65/1.1 from Ch. 38, par. 83-1.1
5 430 ILCS 65/3 from Ch. 38, par. 83-3
6 430 ILCS 65/4 from Ch. 38, par. 83-4
7 430 ILCS 65/14 from Ch. 38, par. 83-14
8 720 ILCS 5/2-7.1 new
9 720 ILCS 5/2-7.2 new
10 720 ILCS 5/2-23 new
11 720 ILCS 5/16-1 from Ch. 38, par. 16-1
12 720 ILCS 5/16-16 new
13 720 ILCS 5/16-16.1 new
14 720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1
15 720 ILCS 5/24-3 from Ch. 38, par. 24-3
16 720 ILCS 5/24-4 from Ch. 38, par. 24-4