Bill Text: IL HB1237 | 2011-2012 | 97th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the State Finance Act. Creates the Crime Victims' Rights Compliance Officer Fund as a special fund in the State treasury. Amends the Illinois Police Training Act. Provides that the curriculum established by the Illinois Law Enforcement Training Standards Board shall include training in techniques designed to promote effective communication with crime victims and ways to comprehensively explain to victims and witnesses their rights under the Rights of Crime Victims and Witnesses Act and the Violent Crime Victim's Assistance Act. Amends the Rights of Crime Victims and Witnesses Act. Creates the Office of the Crime Victims' Rights Compliance Officer. Provides that the Crime Victims' Rights Compliance Officer shall be appointed by the Governor from a list of at least 3 persons, prepared and submitted by the Violent Crimes Advisory Commission, to serve a 3-year term at the pleasure of the Governor. Establishes the duties of the Crime Victims' Rights Compliance Officer. Provides that any person who willfully or maliciously commits a violation of the Rights of Crime Victims and Witnesses Act is liable for a civil penalty not to exceed $1,000. Provides that such action may only be pursued by the Crime Victims' Rights Compliance Officer. Provides that if after the Crime Victims' Rights Compliance Officer receives and investigates a complaint of a violation of the Act and concludes that a willful and malicious violation has occurred, he or she shall generate a report detailing his or her findings of fact, conclusions as to the specific legal violations, and recommended sanctions. Establishes court procedures for pursuing the sanctions.
Spectrum: Moderate Partisan Bill (Democrat 16-4)
Status: (Enrolled - Dead) 2013-01-11 - Sent to the Governor [HB1237 Detail]
Download: Illinois-2011-HB1237-Amended.html
Bill Title: Amends the State Finance Act. Creates the Crime Victims' Rights Compliance Officer Fund as a special fund in the State treasury. Amends the Illinois Police Training Act. Provides that the curriculum established by the Illinois Law Enforcement Training Standards Board shall include training in techniques designed to promote effective communication with crime victims and ways to comprehensively explain to victims and witnesses their rights under the Rights of Crime Victims and Witnesses Act and the Violent Crime Victim's Assistance Act. Amends the Rights of Crime Victims and Witnesses Act. Creates the Office of the Crime Victims' Rights Compliance Officer. Provides that the Crime Victims' Rights Compliance Officer shall be appointed by the Governor from a list of at least 3 persons, prepared and submitted by the Violent Crimes Advisory Commission, to serve a 3-year term at the pleasure of the Governor. Establishes the duties of the Crime Victims' Rights Compliance Officer. Provides that any person who willfully or maliciously commits a violation of the Rights of Crime Victims and Witnesses Act is liable for a civil penalty not to exceed $1,000. Provides that such action may only be pursued by the Crime Victims' Rights Compliance Officer. Provides that if after the Crime Victims' Rights Compliance Officer receives and investigates a complaint of a violation of the Act and concludes that a willful and malicious violation has occurred, he or she shall generate a report detailing his or her findings of fact, conclusions as to the specific legal violations, and recommended sanctions. Establishes court procedures for pursuing the sanctions.
Spectrum: Moderate Partisan Bill (Democrat 16-4)
Status: (Enrolled - Dead) 2013-01-11 - Sent to the Governor [HB1237 Detail]
Download: Illinois-2011-HB1237-Amended.html
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1 | AMENDMENT TO HOUSE BILL 1237
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2 | AMENDMENT NO. ______. Amend House Bill 1237 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Firearm Owners Identification Card Act is | ||||||
5 | amended by changing Sections 1.1, 4, 8, and 10 as follows:
| ||||||
6 | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
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7 | Sec. 1.1. For purposes of this Act:
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8 | "Has been adjudicated as a mental defective" means the | ||||||
9 | person is the subject of a determination by a court, board, | ||||||
10 | commission or other lawful authority that a person, as a result | ||||||
11 | of marked subnormal intelligence, or mental illness, mental | ||||||
12 | impairment, incompetency, condition, or disease: | ||||||
13 | (1) is a danger to himself, herself, or to others; | ||||||
14 | (2) lacks the mental capacity to manage his or her own | ||||||
15 | affairs; | ||||||
16 | (3) is not guilty in a criminal case by reason of |
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1 | insanity, mental disease or defect; | ||||||
2 | (4) is incompetent to stand trial in a criminal case; | ||||||
3 | (5) is not guilty by reason of lack of mental | ||||||
4 | responsibility pursuant to Articles 50a and 72b of the | ||||||
5 | Uniform Code of Military Justice, 10 U.S.C. 850a, 876b.
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6 | "Counterfeit" means to copy or imitate, without legal | ||||||
7 | authority, with
intent
to deceive. | ||||||
8 | "Federally licensed firearm dealer" means a person who is | ||||||
9 | licensed as a federal firearms dealer under Section 923 of the | ||||||
10 | federal Gun Control Act of 1968 (18 U.S.C. 923).
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11 | "Firearm" means any device, by
whatever name known, which | ||||||
12 | is designed to expel a projectile or projectiles
by the action | ||||||
13 | of an explosion, expansion of gas or escape of gas; excluding,
| ||||||
14 | however:
| ||||||
15 | (1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
16 | B-B gun which
expels a single globular projectile not | ||||||
17 | exceeding .18 inch in
diameter or which has a maximum | ||||||
18 | muzzle velocity of less than 700 feet
per second;
| ||||||
19 | (1.1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
20 | B-B gun which expels breakable paint balls containing | ||||||
21 | washable marking colors;
| ||||||
22 | (2) any device used exclusively for signalling or | ||||||
23 | safety and required or
recommended by the United States | ||||||
24 | Coast Guard or the Interstate Commerce
Commission;
| ||||||
25 | (3) any device used exclusively for the firing of stud | ||||||
26 | cartridges,
explosive rivets or similar industrial |
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1 | ammunition; and
| ||||||
2 | (4) an antique firearm (other than a machine-gun) | ||||||
3 | which, although
designed as a weapon, the Department of | ||||||
4 | State Police finds by reason of
the date of its | ||||||
5 | manufacture, value, design, and other characteristics is
| ||||||
6 | primarily a collector's item and is not likely to be used | ||||||
7 | as a weapon.
| ||||||
8 | "Firearm ammunition" means any self-contained cartridge or | ||||||
9 | shotgun
shell, by whatever name known, which is designed to be | ||||||
10 | used or adaptable to
use in a firearm; excluding, however:
| ||||||
11 | (1) any ammunition exclusively designed for use with a | ||||||
12 | device used
exclusively for signalling or safety and | ||||||
13 | required or recommended by the
United States Coast Guard or | ||||||
14 | the Interstate Commerce Commission; and
| ||||||
15 | (2) any ammunition designed exclusively for use with a | ||||||
16 | stud or rivet
driver or other similar industrial | ||||||
17 | ammunition. | ||||||
18 | "Gun show" means an event or function: | ||||||
19 | (1) at which the sale and transfer of firearms is the | ||||||
20 | regular and normal course of business and where 50 or more | ||||||
21 | firearms are displayed, offered, or exhibited for sale, | ||||||
22 | transfer, or exchange; or | ||||||
23 | (2) at which not less than 10 gun show vendors display, | ||||||
24 | offer, or exhibit for sale, sell, transfer, or exchange | ||||||
25 | firearms.
| ||||||
26 | "Gun show" includes the entire premises provided for an |
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1 | event or function, including parking areas for the event or | ||||||
2 | function, that is sponsored to facilitate the purchase, sale, | ||||||
3 | transfer, or exchange of firearms as described in this Section.
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4 | "Gun show" does not include training or safety classes, | ||||||
5 | competitive shooting events, such as rifle, shotgun, or handgun | ||||||
6 | matches, trap, skeet, or sporting clays shoots, dinners, | ||||||
7 | banquets, raffles, or
any other event where the sale or | ||||||
8 | transfer of firearms is not the primary course of business. | ||||||
9 | "Gun show promoter" means a person who organizes or | ||||||
10 | operates a gun show. | ||||||
11 | "Gun show vendor" means a person who exhibits, sells, | ||||||
12 | offers for sale, transfers, or exchanges any firearms at a gun | ||||||
13 | show, regardless of whether the person arranges with a gun show | ||||||
14 | promoter for a fixed location from which to exhibit, sell, | ||||||
15 | offer for sale, transfer, or exchange any firearm. | ||||||
16 | "Mental institution" means any hospital, institution, | ||||||
17 | clinic, evaluation facility, mental health center, or part | ||||||
18 | thereof, which is used primarily for the care or treatment of | ||||||
19 | persons with mental illness. | ||||||
20 | "Patient in a mental institution" means the person was | ||||||
21 | admitted, either voluntarily or involuntarily, to a mental | ||||||
22 | institution for mental health treatment, unless the treatment | ||||||
23 | was voluntary and solely for an alcohol abuse disorder and no | ||||||
24 | other secondary substance abuse disorder or mental illness. | ||||||
25 | "Sanctioned competitive shooting event" means a shooting | ||||||
26 | contest officially recognized by a national or state shooting |
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1 | sport association, and includes any sight-in or practice | ||||||
2 | conducted in conjunction with the event.
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3 | "Stun gun or taser" has the meaning ascribed to it in | ||||||
4 | Section 24-1 of the Criminal Code of 2012 1961 . | ||||||
5 | (Source: P.A. 97-776, eff. 7-13-12.)
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6 | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
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7 | Sec. 4. (a) Each applicant for a Firearm Owner's | ||||||
8 | Identification Card must:
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9 | (1) Make application on blank forms prepared and | ||||||
10 | furnished at convenient
locations throughout the State by | ||||||
11 | the Department of State Police, or by
electronic means, if | ||||||
12 | and when made available by the Department of State
Police; | ||||||
13 | and
| ||||||
14 | (2) Submit evidence to the Department of State Police | ||||||
15 | that:
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16 | (i) He or she is 21 years of age or over, or if he | ||||||
17 | or she is under 21
years of age that he or she has the | ||||||
18 | written consent of his or her parent or
legal guardian | ||||||
19 | to possess and acquire firearms and firearm ammunition | ||||||
20 | and that
he or she has never been convicted of a | ||||||
21 | misdemeanor other than a traffic
offense or adjudged
| ||||||
22 | delinquent, provided, however, that such parent or | ||||||
23 | legal guardian is not an
individual prohibited from | ||||||
24 | having a Firearm Owner's Identification Card and
files | ||||||
25 | an affidavit with the Department as prescribed by the |
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1 | Department
stating that he or she is not an individual | ||||||
2 | prohibited from having a Card;
| ||||||
3 | (ii) He or she has not been convicted of a felony | ||||||
4 | under the laws of
this or any other jurisdiction;
| ||||||
5 | (iii) He or she is not addicted to narcotics;
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6 | (iv) He or she has not been a patient in a mental | ||||||
7 | institution within
the past 5 years and he or she has | ||||||
8 | not been adjudicated as a mental defective ;
| ||||||
9 | (v) He or she is not intellectually disabled;
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10 | (vi) He or she is not an alien who is unlawfully | ||||||
11 | present in the
United States under the laws of the | ||||||
12 | United States;
| ||||||
13 | (vii) He or she is not subject to an existing order | ||||||
14 | of protection
prohibiting him or her from possessing a | ||||||
15 | firearm;
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16 | (viii) He or she has not been convicted within the | ||||||
17 | past 5 years of
battery, assault, aggravated assault, | ||||||
18 | violation of an order of
protection, or a substantially | ||||||
19 | similar offense in another jurisdiction, in
which a | ||||||
20 | firearm was used or possessed;
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21 | (ix) He or she has not been convicted of domestic | ||||||
22 | battery, aggravated domestic battery, or a
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23 | substantially similar offense in another
jurisdiction | ||||||
24 | committed before, on or after January 1, 2012 (the | ||||||
25 | effective date of Public Act 97-158). If the applicant | ||||||
26 | knowingly and intelligently waives the right to have an |
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1 | offense described in this clause (ix) tried by a jury, | ||||||
2 | and by guilty plea or otherwise, results in a | ||||||
3 | conviction for an offense in which a domestic | ||||||
4 | relationship is not a required element of the offense | ||||||
5 | but in which a determination of the applicability of 18 | ||||||
6 | U.S.C. 922(g)(9) is made under Section 112A-11.1 of the | ||||||
7 | Code of Criminal Procedure of 1963, an entry by the | ||||||
8 | court of a judgment of conviction for that offense | ||||||
9 | shall be grounds for denying the issuance of a Firearm | ||||||
10 | Owner's Identification Card under this Section;
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11 | (x) (Blank);
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12 | (xi) He or she is not an alien who has been | ||||||
13 | admitted to the United
States under a non-immigrant | ||||||
14 | visa (as that term is defined in Section
101(a)(26) of | ||||||
15 | the Immigration and Nationality Act (8 U.S.C. | ||||||
16 | 1101(a)(26))),
or that he or she is an alien who has | ||||||
17 | been lawfully admitted to the United
States under a | ||||||
18 | non-immigrant visa if that alien is:
| ||||||
19 | (1) admitted to the United States for lawful | ||||||
20 | hunting or sporting
purposes;
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21 | (2) an official representative of a foreign | ||||||
22 | government who is:
| ||||||
23 | (A) accredited to the United States | ||||||
24 | Government or the Government's
mission to an | ||||||
25 | international organization having its | ||||||
26 | headquarters in the United
States; or
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1 | (B) en route to or from another country to | ||||||
2 | which that alien is
accredited;
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3 | (3) an official of a foreign government or | ||||||
4 | distinguished foreign
visitor who has been so | ||||||
5 | designated by the Department of State;
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6 | (4) a foreign law enforcement officer of a | ||||||
7 | friendly foreign
government entering the United | ||||||
8 | States on official business; or
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9 | (5) one who has received a waiver from the | ||||||
10 | Attorney General of the
United States pursuant to | ||||||
11 | 18 U.S.C. 922(y)(3);
| ||||||
12 | (xii) He or she is not a minor subject to a | ||||||
13 | petition filed
under Section 5-520 of the Juvenile | ||||||
14 | Court Act of 1987 alleging that the
minor is a | ||||||
15 | delinquent minor for the commission of an offense that | ||||||
16 | if
committed by an adult would be a felony;
| ||||||
17 | (xiii) He or she is not an adult who had been | ||||||
18 | adjudicated a delinquent
minor under the Juvenile | ||||||
19 | Court Act of 1987 for the commission of an offense
that | ||||||
20 | if committed by an adult would be a felony; and
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21 | (xiv) He or she is a resident of the State of | ||||||
22 | Illinois; and | ||||||
23 | (xv) He or she has not been adjudicated as a mental | ||||||
24 | defective; and
| ||||||
25 | (3) Upon request by the Department of State Police, | ||||||
26 | sign a release on a
form prescribed by the Department of |
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1 | State Police waiving any right to
confidentiality and | ||||||
2 | requesting the disclosure to the Department of State Police
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3 | of limited mental health institution admission information | ||||||
4 | from another state,
the District of Columbia, any other | ||||||
5 | territory of the United States, or a
foreign nation | ||||||
6 | concerning the applicant for the sole purpose of | ||||||
7 | determining
whether the applicant is or was a patient in a | ||||||
8 | mental health institution and
disqualified because of that | ||||||
9 | status from receiving a Firearm Owner's
Identification | ||||||
10 | Card. No mental health care or treatment records may be
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11 | requested. The information received shall be destroyed | ||||||
12 | within one year of
receipt.
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13 | (a-5) Each applicant for a Firearm Owner's Identification | ||||||
14 | Card who is over
the age of 18 shall furnish to the Department | ||||||
15 | of State Police either his or
her Illinois driver's license | ||||||
16 | number or Illinois Identification Card number, except as
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17 | provided in subsection (a-10).
| ||||||
18 | (a-10) Each applicant for a Firearm Owner's Identification | ||||||
19 | Card,
who is employed as a law enforcement officer, an armed | ||||||
20 | security officer in Illinois, or by the United States Military
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21 | permanently assigned in Illinois and who is not an Illinois | ||||||
22 | resident, shall furnish to
the Department of State Police his | ||||||
23 | or her driver's license number or state
identification card | ||||||
24 | number from his or her state of residence. The Department
of | ||||||
25 | State Police may promulgate rules to enforce the provisions of | ||||||
26 | this
subsection (a-10).
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1 | (a-15) If an applicant applying for a Firearm Owner's | ||||||
2 | Identification Card moves from the residence address named in | ||||||
3 | the application, he or she shall immediately notify in a form | ||||||
4 | and manner prescribed by the Department of State Police of that | ||||||
5 | change of address. | ||||||
6 | (a-20) Each applicant for a Firearm Owner's Identification | ||||||
7 | Card shall furnish to the Department of State Police his or her | ||||||
8 | photograph. An applicant who is 21 years of age or older | ||||||
9 | seeking a religious exemption to the photograph requirement | ||||||
10 | must furnish with the application an approved copy of United | ||||||
11 | States Department of the Treasury Internal Revenue Service Form | ||||||
12 | 4029. In lieu of a photograph, an applicant regardless of age | ||||||
13 | seeking a religious exemption to the photograph requirement | ||||||
14 | shall submit fingerprints on a form and manner prescribed by | ||||||
15 | the Department with his or her application. | ||||||
16 | (b) Each application form shall include the following | ||||||
17 | statement printed in
bold type: "Warning: Entering false | ||||||
18 | information on an application for a Firearm
Owner's | ||||||
19 | Identification Card is punishable as a Class 2 felony in | ||||||
20 | accordance
with subsection (d-5) of Section 14 of the Firearm | ||||||
21 | Owners Identification Card
Act.".
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22 | (c) Upon such written consent, pursuant to Section 4, | ||||||
23 | paragraph (a)(2)(i),
the parent or legal guardian giving the | ||||||
24 | consent shall be liable for any
damages resulting from the | ||||||
25 | applicant's use of firearms or firearm ammunition.
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26 | (Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, |
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1 | eff. 7-13-12; 97-1131, eff. 1-1-13.)
| ||||||
2 | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
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3 | Sec. 8. The Department of State Police has authority to | ||||||
4 | deny an
application for or to revoke and seize a Firearm | ||||||
5 | Owner's Identification
Card previously issued under this Act | ||||||
6 | only if the Department finds that the
applicant or the person | ||||||
7 | to whom such card was issued is or was at the time
of issuance:
| ||||||
8 | (a) A person under 21 years of age who has been convicted | ||||||
9 | of a
misdemeanor other than a traffic offense or adjudged | ||||||
10 | delinquent;
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11 | (b) A person under 21 years of age who does not have the | ||||||
12 | written consent
of his parent or guardian to acquire and | ||||||
13 | possess firearms and firearm
ammunition, or whose parent or | ||||||
14 | guardian has revoked such written consent,
or where such parent | ||||||
15 | or guardian does not qualify to have a Firearm Owner's
| ||||||
16 | Identification Card;
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17 | (c) A person convicted of a felony under the laws of this | ||||||
18 | or any other
jurisdiction;
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19 | (d) A person addicted to narcotics;
| ||||||
20 | (e) A person who has been a patient of a mental institution | ||||||
21 | within the
past 5 years . An active law enforcement officer | ||||||
22 | employed by a unit of government who is denied, revoked, or has | ||||||
23 | his or her Firearm Owner's Identification Card seized under | ||||||
24 | this subsection (e) may obtain relief as described in | ||||||
25 | subsection (c-5) of Section 10 of this Act if the officer did |
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1 | not act in a manner threatening to the officer, another person, | ||||||
2 | or the public as determined by the treating clinical | ||||||
3 | psychologist or physician, and the officer seeks mental health | ||||||
4 | treatment or has been adjudicated as a mental defective ;
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5 | (f) A person whose mental condition is of such a nature | ||||||
6 | that it poses
a clear and present danger to the applicant, any | ||||||
7 | other person or persons or
the community;
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8 | For the purposes of this Section, "mental condition" means | ||||||
9 | a state of
mind manifested by violent, suicidal, threatening or | ||||||
10 | assaultive behavior.
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11 | (g) A person who is intellectually disabled;
| ||||||
12 | (h) A person who intentionally makes a false statement in | ||||||
13 | the Firearm
Owner's Identification Card application;
| ||||||
14 | (i) An alien who is unlawfully present in
the United States | ||||||
15 | under the laws of the United States;
| ||||||
16 | (i-5) An alien who has been admitted to the United States | ||||||
17 | under a
non-immigrant visa (as that term is defined in Section | ||||||
18 | 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. | ||||||
19 | 1101(a)(26))), except that this
subsection (i-5) does not apply | ||||||
20 | to any alien who has been lawfully admitted to
the United | ||||||
21 | States under a non-immigrant visa if that alien is:
| ||||||
22 | (1) admitted to the United States for lawful hunting or | ||||||
23 | sporting purposes;
| ||||||
24 | (2) an official representative of a foreign government | ||||||
25 | who is:
| ||||||
26 | (A) accredited to the United States Government or |
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| |||||||
1 | the Government's
mission to an international | ||||||
2 | organization having its headquarters in the United
| ||||||
3 | States; or
| ||||||
4 | (B) en route to or from another country to which | ||||||
5 | that alien is
accredited;
| ||||||
6 | (3) an official of a foreign government or | ||||||
7 | distinguished foreign visitor
who has been so designated by | ||||||
8 | the Department of State;
| ||||||
9 | (4) a foreign law enforcement officer of a friendly | ||||||
10 | foreign government
entering the United States on official | ||||||
11 | business; or
| ||||||
12 | (5) one who has received a waiver from the Attorney | ||||||
13 | General of the United
States pursuant to 18 U.S.C. | ||||||
14 | 922(y)(3);
| ||||||
15 | (j) (Blank);
| ||||||
16 | (k) A person who has been convicted within the past 5 years | ||||||
17 | of battery,
assault, aggravated assault, violation of an order | ||||||
18 | of protection, or a
substantially similar offense in another | ||||||
19 | jurisdiction, in which a firearm was
used or possessed;
| ||||||
20 | (l) A person who has been convicted of domestic battery, | ||||||
21 | aggravated domestic battery, or a substantially
similar | ||||||
22 | offense in another jurisdiction committed before, on or after | ||||||
23 | January 1, 2012 (the effective date of Public Act 97-158). If | ||||||
24 | the applicant or person who has been previously issued a | ||||||
25 | Firearm Owner's Identification Card under this Act knowingly | ||||||
26 | and intelligently waives the right to have an offense described |
| |||||||
| |||||||
1 | in this paragraph (l) tried by a jury, and by guilty plea or | ||||||
2 | otherwise, results in a conviction for an offense in which a | ||||||
3 | domestic relationship is not a required element of the offense | ||||||
4 | but in which a determination of the applicability of 18 U.S.C. | ||||||
5 | 922(g)(9) is made under Section 112A-11.1 of the Code of | ||||||
6 | Criminal Procedure of 1963, an entry by the court of a judgment | ||||||
7 | of conviction for that offense shall be grounds for denying an | ||||||
8 | application for and for revoking and seizing a Firearm Owner's | ||||||
9 | Identification Card previously issued to the person under this | ||||||
10 | Act;
| ||||||
11 | (m) (Blank);
| ||||||
12 | (n) A person who is prohibited from acquiring or possessing
| ||||||
13 | firearms or firearm ammunition by any Illinois State statute or | ||||||
14 | by federal
law;
| ||||||
15 | (o) A minor subject to a petition filed under Section 5-520 | ||||||
16 | of the
Juvenile Court Act of 1987 alleging that the minor is a | ||||||
17 | delinquent minor for
the commission of an offense that if | ||||||
18 | committed by an adult would be a felony;
| ||||||
19 | (p) An adult who had been adjudicated a delinquent minor | ||||||
20 | under the Juvenile
Court Act of 1987 for the commission of an | ||||||
21 | offense that if committed by an
adult would be a felony; or
| ||||||
22 | (q) A person who is not a resident of the State of | ||||||
23 | Illinois, except as provided in subsection (a-10) of Section 4 ; | ||||||
24 | or . | ||||||
25 | (r) A person who has been adjudicated as a mental | ||||||
26 | defective. |
| |||||||
| |||||||
1 | (Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227, | ||||||
2 | eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)
| ||||||
3 | (430 ILCS 65/10) (from Ch. 38, par. 83-10)
| ||||||
4 | Sec. 10. Appeal to director; hearing; relief from firearm | ||||||
5 | prohibitions. | ||||||
6 | (a) Whenever an application for a Firearm Owner's | ||||||
7 | Identification
Card is denied, whenever the Department fails to | ||||||
8 | act on an application
within 30 days of its receipt, or | ||||||
9 | whenever such a Card is revoked or seized
as provided for in | ||||||
10 | Section 8 of this Act, the aggrieved party may
appeal
to the | ||||||
11 | Director of State Police for a hearing upon
such denial, | ||||||
12 | revocation or seizure, unless the denial, revocation, or | ||||||
13 | seizure
was based upon a forcible felony, stalking, aggravated | ||||||
14 | stalking, domestic
battery, any violation of the Illinois | ||||||
15 | Controlled Substances Act, the Methamphetamine Control and | ||||||
16 | Community Protection Act, or the
Cannabis Control Act that is | ||||||
17 | classified as a Class 2 or greater felony,
any
felony violation | ||||||
18 | of Article 24 of the Criminal Code of 1961 or the Criminal Code | ||||||
19 | of 2012 , or any
adjudication as a delinquent minor for the | ||||||
20 | commission of an
offense that if committed by an adult would be | ||||||
21 | a felony, in which case the
aggrieved party may petition the | ||||||
22 | circuit court in writing in the county of
his or her residence | ||||||
23 | for a hearing upon such denial, revocation, or seizure.
| ||||||
24 | (b) At least 30 days before any hearing in the circuit | ||||||
25 | court, the
petitioner shall serve the
relevant State's Attorney |
| |||||||
| |||||||
1 | with a copy of the petition. The State's Attorney
may object to | ||||||
2 | the petition and present evidence. At the hearing the court
| ||||||
3 | shall
determine whether substantial justice has been done. | ||||||
4 | Should the court
determine that substantial justice has not | ||||||
5 | been done, the court shall issue an
order directing the | ||||||
6 | Department of State Police to issue a Card. However, the court | ||||||
7 | shall not issue the order if the petitioner is otherwise | ||||||
8 | prohibited from obtaining, possessing, or using a firearm under
| ||||||
9 | federal law.
| ||||||
10 | (c) Any person prohibited from possessing a firearm under | ||||||
11 | Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 1961 or | ||||||
12 | acquiring a Firearm Owner's
Identification Card under Section 8 | ||||||
13 | of this Act may apply to
the Director
of State Police
or | ||||||
14 | petition the circuit court in the county where the petitioner | ||||||
15 | resides,
whichever is applicable in accordance with subsection | ||||||
16 | (a) of this Section,
requesting relief
from such prohibition | ||||||
17 | and the Director or court may grant such relief if it
is
| ||||||
18 | established by the applicant to the court's or Director's | ||||||
19 | satisfaction
that:
| ||||||
20 | (0.05) when in the circuit court, the State's Attorney | ||||||
21 | has been served
with a written
copy of the
petition at | ||||||
22 | least 30 days before any such hearing in the circuit court | ||||||
23 | and at
the hearing the
State's Attorney was afforded an | ||||||
24 | opportunity to present evidence and object to
the petition;
| ||||||
25 | (1) the applicant has not been convicted of a forcible | ||||||
26 | felony under the
laws of this State or any other |
| |||||||
| |||||||
1 | jurisdiction within 20 years of the
applicant's | ||||||
2 | application for a Firearm Owner's Identification Card, or | ||||||
3 | at
least 20 years have passed since the end of any period | ||||||
4 | of imprisonment
imposed in relation to that conviction;
| ||||||
5 | (2) the circumstances regarding a criminal conviction, | ||||||
6 | where applicable,
the applicant's criminal history and his | ||||||
7 | reputation are such that the applicant
will not be likely | ||||||
8 | to act in a manner dangerous to public safety;
| ||||||
9 | (3) granting relief would not be contrary to the public | ||||||
10 | interest; and | ||||||
11 | (4) granting relief would not be contrary to federal | ||||||
12 | law.
| ||||||
13 | (c-5) (1) An active law enforcement officer employed by | ||||||
14 | a unit of government, who is denied, revoked, or has his or | ||||||
15 | her Firearm Owner's Identification Card seized under | ||||||
16 | subsection (e) of Section 8 of this Act may apply to the | ||||||
17 | Director of State Police requesting relief if the officer | ||||||
18 | did not act in a manner threatening to the officer, another | ||||||
19 | person, or the public as determined by the treating | ||||||
20 | clinical psychologist or physician, and as a result of his | ||||||
21 | or her work is referred by the employer for or voluntarily | ||||||
22 | seeks mental health evaluation or treatment by a licensed | ||||||
23 | clinical psychologist, psychiatrist, or qualified | ||||||
24 | examiner, and: | ||||||
25 | (A) the officer has not received treatment | ||||||
26 | involuntarily at a mental institution, regardless of |
| |||||||
| |||||||
1 | the length of admission; or has not been voluntarily | ||||||
2 | admitted to a mental institution for more than 30 days | ||||||
3 | and not for more than one incident within the past 5 | ||||||
4 | years; and | ||||||
5 | (B) the officer has not left the mental institution | ||||||
6 | against medical advice. | ||||||
7 | (2) The Director of State Police shall grant expedited | ||||||
8 | relief to active law enforcement officers described in | ||||||
9 | paragraph (1) of this subsection (c-5) upon a determination | ||||||
10 | by the Director that the officer's possession of a firearm | ||||||
11 | does not present a threat to themselves, others, or public | ||||||
12 | safety. The Director shall act on the request for relief | ||||||
13 | within 30 business days of receipt of: | ||||||
14 | (A) a notarized statement from the officer in the | ||||||
15 | form prescribed by the Director detailing the | ||||||
16 | circumstances that led to the hospitalization; | ||||||
17 | (B) all documentation regarding the admission, | ||||||
18 | evaluation, treatment and discharge from the treating | ||||||
19 | licensed clinical psychologist or psychiatrist of the | ||||||
20 | officer; | ||||||
21 | (C) a psychological fitness for duty evaluation of | ||||||
22 | the person completed after the time of discharge; and | ||||||
23 | (D) written confirmation in the form prescribed by | ||||||
24 | the Director from the treating licensed clinical | ||||||
25 | psychologist or psychiatrist that the provisions set | ||||||
26 | forth in paragraph (1) of this subsection (c-5) have |
| |||||||
| |||||||
1 | been met, the person successfully completed treatment, | ||||||
2 | and their professional opinion regarding the person's | ||||||
3 | ability to possess firearms. | ||||||
4 | (3) Officers eligible for the expedited relief in | ||||||
5 | paragraph (2) of this subsection (c-5) have the burden of | ||||||
6 | proof on eligibility and must provide all information | ||||||
7 | required. The Director may not consider granting expedited | ||||||
8 | relief until the proof and information is received. | ||||||
9 | (4) "Clinical psychologist", "psychiatrist", and | ||||||
10 | "qualified examiner" shall have the same meaning as | ||||||
11 | provided in Chapter 1 of the Mental Health and | ||||||
12 | Developmental Disabilities Code. | ||||||
13 | (d) When a minor is adjudicated delinquent for an offense | ||||||
14 | which if
committed by an adult would be a felony, the court | ||||||
15 | shall notify the Department
of State Police.
| ||||||
16 | (e) The court shall review the denial of an application or | ||||||
17 | the revocation of
a Firearm Owner's Identification Card of a | ||||||
18 | person who has been adjudicated
delinquent for an offense that | ||||||
19 | if
committed by an adult would be a felony if an
application | ||||||
20 | for relief has been filed at least 10 years after the | ||||||
21 | adjudication
of delinquency and the court determines that the | ||||||
22 | applicant should be
granted relief from disability to obtain a | ||||||
23 | Firearm Owner's Identification Card.
If the court grants | ||||||
24 | relief, the court shall notify the Department of State
Police | ||||||
25 | that the disability has
been removed and that the applicant is | ||||||
26 | eligible to obtain a Firearm Owner's
Identification Card.
|
| |||||||
| |||||||
1 | (f) Any person who is subject to the disabilities of 18 | ||||||
2 | U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act | ||||||
3 | of 1968 because of an adjudication or commitment that occurred | ||||||
4 | under the laws of this State or who was determined to be | ||||||
5 | subject to the provisions of subsections (e), (f), or (g) of | ||||||
6 | Section 8 of this Act may apply to the Department of State | ||||||
7 | Police requesting relief from that prohibition. The Director | ||||||
8 | shall grant the relief if it is established by a preponderance | ||||||
9 | of the evidence that the person will not be likely to act in a | ||||||
10 | manner dangerous to public safety and that granting relief | ||||||
11 | would not be contrary to the public interest. In making this | ||||||
12 | determination, the Director shall receive evidence concerning | ||||||
13 | (i) the circumstances regarding the firearms disabilities from | ||||||
14 | which relief is sought; (ii) the petitioner's mental health and | ||||||
15 | criminal history records, if any; (iii) the petitioner's | ||||||
16 | reputation, developed at a minimum through character witness | ||||||
17 | statements, testimony, or other character evidence; and (iv) | ||||||
18 | changes in the petitioner's condition or circumstances since | ||||||
19 | the disqualifying events relevant to the relief sought. If | ||||||
20 | relief is granted under this subsection or by order of a court | ||||||
21 | under this Section, the Director shall as soon as practicable | ||||||
22 | but in no case later than 15 business days, update, correct, | ||||||
23 | modify, or remove the person's record in any database that the | ||||||
24 | Department of State Police makes available to the National | ||||||
25 | Instant Criminal Background Check System and notify the United | ||||||
26 | States Attorney General that the basis for the record being |
| |||||||
| |||||||
1 | made available no longer applies. The Department of State | ||||||
2 | Police shall adopt rules for the administration of this | ||||||
3 | subsection (f). | ||||||
4 | (Source: P.A. 96-1368, eff. 7-28-10; 97-1131, eff. 1-1-13.)
| ||||||
5 | Section 10. The Criminal Code of 2012 is amended by | ||||||
6 | changing Sections 24-3 and 24-3.1 as follows:
| ||||||
7 | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| ||||||
8 | Sec. 24-3. Unlawful sale or delivery of firearms.
| ||||||
9 | (A) A person commits the offense of unlawful sale or | ||||||
10 | delivery of firearms when he
or she knowingly does any of the | ||||||
11 | following:
| ||||||
12 | (a) Sells or gives any firearm of a size which may be | ||||||
13 | concealed upon the
person to any person under 18 years of | ||||||
14 | age.
| ||||||
15 | (b) Sells or gives any firearm to a person under 21 | ||||||
16 | years of age who has
been convicted of a misdemeanor other | ||||||
17 | than a traffic offense or adjudged
delinquent.
| ||||||
18 | (c) Sells or gives any firearm to any narcotic addict.
| ||||||
19 | (d) Sells or gives any firearm to any person who has | ||||||
20 | been convicted of a
felony under the laws of this or any | ||||||
21 | other jurisdiction.
| ||||||
22 | (e) Sells or gives any firearm to any person who has | ||||||
23 | been a patient in a
mental institution hospital within the | ||||||
24 | past 5 years. In this subsection (e): |
| |||||||
| |||||||
1 | "Mental institution" means any hospital, | ||||||
2 | institution, clinic, evaluation facility, mental | ||||||
3 | health center, or part thereof, which is used primarily | ||||||
4 | for the care or treatment of persons with mental | ||||||
5 | illness. | ||||||
6 | "Patient in a mental institution" means the person | ||||||
7 | was admitted, either voluntarily or involuntarily, to | ||||||
8 | a mental institution for mental health treatment, | ||||||
9 | unless the treatment was voluntary and solely for an | ||||||
10 | alcohol abuse disorder and no other secondary | ||||||
11 | substance abuse disorder or mental illness.
| ||||||
12 | (f) Sells or gives any firearms to any person who is | ||||||
13 | intellectually disabled.
| ||||||
14 | (g) Delivers any firearm of a size which may be | ||||||
15 | concealed upon the
person, incidental to a sale, without | ||||||
16 | withholding delivery of such firearm
for at least 72 hours | ||||||
17 | after application for its purchase has been made, or
| ||||||
18 | delivers any rifle, shotgun or other long gun, or a stun | ||||||
19 | gun or taser, incidental to a sale,
without withholding | ||||||
20 | delivery of such rifle, shotgun or other long gun, or a | ||||||
21 | stun gun or taser for
at least 24 hours after application | ||||||
22 | for its purchase has been made.
However,
this paragraph (g) | ||||||
23 | does not apply to: (1) the sale of a firearm
to a law | ||||||
24 | enforcement officer if the seller of the firearm knows that | ||||||
25 | the person to whom he or she is selling the firearm is a | ||||||
26 | law enforcement officer or the sale of a firearm to a |
| |||||||
| |||||||
1 | person who desires to purchase a firearm for
use in | ||||||
2 | promoting the public interest incident to his or her | ||||||
3 | employment as a
bank guard, armed truck guard, or other | ||||||
4 | similar employment; (2) a mail
order sale of a firearm to a | ||||||
5 | nonresident of Illinois under which the firearm
is mailed | ||||||
6 | to a point outside the boundaries of Illinois; (3) the sale
| ||||||
7 | of a firearm to a nonresident of Illinois while at a | ||||||
8 | firearm showing or display
recognized by the Illinois | ||||||
9 | Department of State Police; or (4) the sale of a
firearm to | ||||||
10 | a dealer licensed as a federal firearms dealer under | ||||||
11 | Section 923
of the federal Gun Control Act of 1968 (18 | ||||||
12 | U.S.C. 923). For purposes of this paragraph (g), | ||||||
13 | "application" means when the buyer and seller reach an | ||||||
14 | agreement to purchase a firearm.
| ||||||
15 | (h) While holding any license
as a dealer,
importer, | ||||||
16 | manufacturer or pawnbroker
under the federal Gun Control | ||||||
17 | Act of 1968,
manufactures, sells or delivers to any | ||||||
18 | unlicensed person a handgun having
a barrel, slide, frame | ||||||
19 | or receiver which is a die casting of zinc alloy or
any | ||||||
20 | other nonhomogeneous metal which will melt or deform at a | ||||||
21 | temperature
of less than 800 degrees Fahrenheit. For | ||||||
22 | purposes of this paragraph, (1)
"firearm" is defined as in | ||||||
23 | the Firearm Owners Identification Card Act; and (2)
| ||||||
24 | "handgun" is defined as a firearm designed to be held
and | ||||||
25 | fired by the use of a single hand, and includes a | ||||||
26 | combination of parts from
which such a firearm can be |
| |||||||
| |||||||
1 | assembled.
| ||||||
2 | (i) Sells or gives a firearm of any size to any person | ||||||
3 | under 18 years of
age who does not possess a valid Firearm | ||||||
4 | Owner's Identification Card.
| ||||||
5 | (j) Sells or gives a firearm while engaged in the | ||||||
6 | business of selling
firearms at wholesale or retail without | ||||||
7 | being licensed as a federal firearms
dealer under Section | ||||||
8 | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | ||||||
9 | In this paragraph (j):
| ||||||
10 | A person "engaged in the business" means a person who | ||||||
11 | devotes time,
attention, and
labor to
engaging in the | ||||||
12 | activity as a regular course of trade or business with the
| ||||||
13 | principal objective of livelihood and profit, but does not | ||||||
14 | include a person who
makes occasional repairs of firearms | ||||||
15 | or who occasionally fits special barrels,
stocks, or | ||||||
16 | trigger mechanisms to firearms.
| ||||||
17 | "With the principal objective of livelihood and | ||||||
18 | profit" means that the
intent
underlying the sale or | ||||||
19 | disposition of firearms is predominantly one of
obtaining | ||||||
20 | livelihood and pecuniary gain, as opposed to other intents, | ||||||
21 | such as
improving or liquidating a personal firearms | ||||||
22 | collection; however, proof of
profit shall not be required | ||||||
23 | as to a person who engages in the regular and
repetitive | ||||||
24 | purchase and disposition of firearms for criminal purposes | ||||||
25 | or
terrorism.
| ||||||
26 | (k) Sells or transfers ownership of a firearm to a |
| |||||||
| |||||||
1 | person who does not display to the seller or transferor of | ||||||
2 | the firearm a currently valid Firearm Owner's | ||||||
3 | Identification Card that has previously been issued in the | ||||||
4 | transferee's name by the Department of State Police under | ||||||
5 | the provisions of the Firearm Owners Identification Card | ||||||
6 | Act. This paragraph (k) does not apply to the transfer of a | ||||||
7 | firearm to a person who is exempt from the requirement of | ||||||
8 | possessing a Firearm Owner's Identification Card under | ||||||
9 | Section 2 of the Firearm Owners Identification Card Act. | ||||||
10 | For the purposes of this Section, a currently valid Firearm | ||||||
11 | Owner's Identification Card means (i) a Firearm Owner's | ||||||
12 | Identification Card that has not expired or (ii) if the | ||||||
13 | transferor is licensed as a federal firearms dealer under | ||||||
14 | Section 923 of the federal Gun Control Act of 1968 (18 | ||||||
15 | U.S.C. 923), an approval number issued in accordance with | ||||||
16 | Section 3.1 of the Firearm Owners Identification Card Act | ||||||
17 | shall be proof that the Firearm Owner's Identification Card | ||||||
18 | was valid. | ||||||
19 | (l) Not
being entitled to the possession of a firearm, | ||||||
20 | delivers the
firearm, knowing it to have been stolen or | ||||||
21 | converted. It may be inferred that
a person who possesses a | ||||||
22 | firearm with knowledge that its serial number has
been | ||||||
23 | removed or altered has knowledge that the firearm is stolen | ||||||
24 | or converted. | ||||||
25 | (B) Paragraph (h) of subsection (A) does not include | ||||||
26 | firearms sold within 6
months after enactment of Public
Act |
| |||||||
| |||||||
1 | 78-355 (approved August 21, 1973, effective October 1, 1973), | ||||||
2 | nor is any
firearm legally owned or
possessed by any citizen or | ||||||
3 | purchased by any citizen within 6 months after the
enactment of | ||||||
4 | Public Act 78-355 subject
to confiscation or seizure under the | ||||||
5 | provisions of that Public Act. Nothing in
Public Act 78-355 | ||||||
6 | shall be construed to prohibit the gift or trade of
any firearm | ||||||
7 | if that firearm was legally held or acquired within 6 months | ||||||
8 | after
the enactment of that Public Act.
| ||||||
9 | (C) Sentence.
| ||||||
10 | (1) Any person convicted of unlawful sale or delivery | ||||||
11 | of firearms in violation of
paragraph (c), (e), (f), (g), | ||||||
12 | or (h) of subsection (A) commits a Class
4
felony.
| ||||||
13 | (2) Any person convicted of unlawful sale or delivery | ||||||
14 | of firearms in violation of
paragraph (b) or (i) of | ||||||
15 | subsection (A) commits a Class 3 felony.
| ||||||
16 | (3) Any person convicted of unlawful sale or delivery | ||||||
17 | of firearms in violation of
paragraph (a) of subsection (A) | ||||||
18 | commits a Class 2 felony.
| ||||||
19 | (4) Any person convicted of unlawful sale or delivery | ||||||
20 | of firearms in violation of
paragraph (a), (b), or (i) of | ||||||
21 | subsection (A) in any school, on the real
property | ||||||
22 | comprising a school, within 1,000 feet of the real property | ||||||
23 | comprising
a school, at a school related activity, or on or | ||||||
24 | within 1,000 feet of any
conveyance owned, leased, or | ||||||
25 | contracted by a school or school district to
transport | ||||||
26 | students to or from school or a school related activity,
|
| |||||||
| |||||||
1 | regardless of the time of day or time of year at which the | ||||||
2 | offense
was committed, commits a Class 1 felony. Any person | ||||||
3 | convicted of a second
or subsequent violation of unlawful | ||||||
4 | sale or delivery of firearms in violation of paragraph
(a), | ||||||
5 | (b), or (i) of subsection (A) in any school, on the real | ||||||
6 | property
comprising a school, within 1,000 feet of the real | ||||||
7 | property comprising a
school, at a school related activity, | ||||||
8 | or on or within 1,000 feet of any
conveyance owned, leased, | ||||||
9 | or contracted by a school or school district to
transport | ||||||
10 | students to or from school or a school related activity,
| ||||||
11 | regardless of the time of day or time of year at which the | ||||||
12 | offense
was committed, commits a Class 1 felony for which | ||||||
13 | the sentence shall be a
term of imprisonment of no less | ||||||
14 | than 5 years and no more than 15 years.
| ||||||
15 | (5) Any person convicted of unlawful sale or delivery | ||||||
16 | of firearms in violation of
paragraph (a) or (i) of | ||||||
17 | subsection (A) in residential property owned,
operated, or | ||||||
18 | managed by a public housing agency or leased by a public | ||||||
19 | housing
agency as part of a scattered site or mixed-income | ||||||
20 | development, in a public
park, in a
courthouse, on | ||||||
21 | residential property owned, operated, or managed by a | ||||||
22 | public
housing agency or leased by a public housing agency | ||||||
23 | as part of a scattered site
or mixed-income development, on | ||||||
24 | the real property comprising any public park,
on the real
| ||||||
25 | property comprising any courthouse, or on any public way | ||||||
26 | within 1,000 feet
of the real property comprising any |
| |||||||
| |||||||
1 | public park, courthouse, or residential
property owned, | ||||||
2 | operated, or managed by a public housing agency or leased | ||||||
3 | by a
public housing agency as part of a scattered site or | ||||||
4 | mixed-income development
commits a
Class 2 felony.
| ||||||
5 | (6) Any person convicted of unlawful sale or delivery | ||||||
6 | of firearms in violation of
paragraph (j) of subsection (A) | ||||||
7 | commits a Class A misdemeanor. A second or
subsequent | ||||||
8 | violation is a Class 4 felony. | ||||||
9 | (7) Any person convicted of unlawful sale or delivery | ||||||
10 | of firearms in violation of paragraph (k) of subsection (A) | ||||||
11 | commits a Class 4 felony. A third or subsequent conviction | ||||||
12 | for a violation of paragraph (k) of subsection (A) is a | ||||||
13 | Class 1 felony.
| ||||||
14 | (8) A person 18 years of age or older convicted of | ||||||
15 | unlawful sale or delivery of firearms in violation of | ||||||
16 | paragraph (a) or (i) of subsection (A), when the firearm | ||||||
17 | that was sold or given to another person under 18 years of | ||||||
18 | age was used in the commission of or attempt to commit a | ||||||
19 | forcible felony, shall be fined or imprisoned, or both, not | ||||||
20 | to exceed the maximum provided for the most serious | ||||||
21 | forcible felony so committed or attempted by the person | ||||||
22 | under 18 years of age who was sold or given the firearm. | ||||||
23 | (9) Any person convicted of unlawful sale or delivery | ||||||
24 | of firearms in violation of
paragraph (d) of subsection (A) | ||||||
25 | commits a Class 3 felony. | ||||||
26 | (10) Any person convicted of unlawful sale or delivery |
| |||||||
| |||||||
1 | of firearms in violation of paragraph (l) of subsection (A) | ||||||
2 | commits a Class 2 felony if the delivery is of one firearm. | ||||||
3 | Any person convicted of unlawful sale or delivery of | ||||||
4 | firearms in violation of paragraph (l) of subsection (A) | ||||||
5 | commits a Class 1 felony if the delivery is of not less | ||||||
6 | than 2 and not more than 5 firearms at the
same time or | ||||||
7 | within a one year period. Any person convicted of unlawful | ||||||
8 | sale or delivery of firearms in violation of paragraph (l) | ||||||
9 | of subsection (A) commits a Class X felony for which he or | ||||||
10 | she shall be sentenced
to a term of imprisonment of not | ||||||
11 | less than 6 years and not more than 30
years if the | ||||||
12 | delivery is of not less than 6 and not more than 10 | ||||||
13 | firearms at the
same time or within a 2 year period. Any | ||||||
14 | person convicted of unlawful sale or delivery of firearms | ||||||
15 | in violation of paragraph (l) of subsection (A) commits a | ||||||
16 | Class X felony for which he or she shall be sentenced
to a | ||||||
17 | term of imprisonment of not less than 6 years and not more | ||||||
18 | than 40
years if the delivery is of not less than 11 and | ||||||
19 | not more than 20 firearms at the
same time or within a 3 | ||||||
20 | year period. Any person convicted of unlawful sale or | ||||||
21 | delivery of firearms in violation of paragraph (l) of | ||||||
22 | subsection (A) commits a Class X felony for which he or she | ||||||
23 | shall be sentenced
to a term of imprisonment of not less | ||||||
24 | than 6 years and not more than 50
years if the delivery is | ||||||
25 | of not less than 21 and not more than 30 firearms at the
| ||||||
26 | same time or within a 4 year period. Any person convicted |
| |||||||
| |||||||
1 | of unlawful sale or delivery of firearms in violation of | ||||||
2 | paragraph (l) of subsection (A) 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 60
| ||||||
5 | years if the delivery is of 31 or more firearms at the
same | ||||||
6 | time or within a 5 year period. | ||||||
7 | (D) For purposes of this Section:
| ||||||
8 | "School" means a public or private elementary or secondary | ||||||
9 | school,
community college, college, or university.
| ||||||
10 | "School related activity" means any sporting, social, | ||||||
11 | academic, or
other activity for which students' attendance or | ||||||
12 | participation is sponsored,
organized, or funded in whole or in | ||||||
13 | part by a school or school district.
| ||||||
14 | (E) A prosecution for a violation of paragraph (k) of | ||||||
15 | subsection (A) of this Section may be commenced within 6 years | ||||||
16 | after the commission of the offense. A prosecution for a | ||||||
17 | violation of this Section other than paragraph (g) of | ||||||
18 | subsection (A) of this Section may be commenced within 5 years | ||||||
19 | after the commission of the offense defined in the particular | ||||||
20 | paragraph.
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21 | (Source: P.A. 96-190, eff. 1-1-10; 97-227, eff. 1-1-12; 97-347, | ||||||
22 | eff. 1-1-12; 97-813, eff. 7-13-12.)
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23 | (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
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24 | Sec. 24-3.1. Unlawful possession of firearms and firearm | ||||||
25 | ammunition.
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1 | (a) A person commits the offense of unlawful possession of | ||||||
2 | firearms
or firearm ammunition when:
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3 | (1) He is under 18 years of age and has in his | ||||||
4 | possession
any firearm of
a size which may be concealed | ||||||
5 | upon the person; or
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6 | (2) He is under 21 years of age, has been convicted of | ||||||
7 | a misdemeanor
other than a traffic offense or adjudged | ||||||
8 | delinquent and has
any firearms or
firearm ammunition in | ||||||
9 | his possession; or
| ||||||
10 | (3) He is a narcotic addict and has
any firearms or | ||||||
11 | firearm ammunition
in his possession; or
| ||||||
12 | (4) He has been a patient in a mental institution | ||||||
13 | hospital within the past 5 years
and has
any firearms or | ||||||
14 | firearm ammunition in his possession . For purposes of this | ||||||
15 | paragraph (4): | ||||||
16 | "Mental institution" means any hospital, | ||||||
17 | institution, clinic, evaluation facility, mental | ||||||
18 | health center, or part thereof, which is used primarily | ||||||
19 | for the care or treatment of persons with mental | ||||||
20 | illness. | ||||||
21 | "Patient in a mental institution" means the person | ||||||
22 | was admitted, either voluntarily or involuntarily, to | ||||||
23 | a mental institution for mental health treatment, | ||||||
24 | unless the treatment was voluntary and solely for an | ||||||
25 | alcohol abuse disorder and no other secondary | ||||||
26 | substance abuse disorder or mental illness ; or
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1 | (5) He is intellectually disabled and has
any firearms | ||||||
2 | or firearm ammunition
in his possession; or
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3 | (6) He has in his possession any explosive bullet.
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4 | For purposes of this paragraph "explosive bullet" means the | ||||||
5 | projectile
portion of an ammunition cartridge which contains or | ||||||
6 | carries an explosive
charge which will explode upon contact | ||||||
7 | with the flesh of a human or an animal.
"Cartridge" means a | ||||||
8 | tubular metal case having a projectile affixed at the
front | ||||||
9 | thereof and a cap or primer at the rear end thereof, with the | ||||||
10 | propellant
contained in such tube between the projectile and | ||||||
11 | the cap.
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12 | (b) Sentence.
| ||||||
13 | Unlawful possession of firearms, other than handguns, and | ||||||
14 | firearm
ammunition is a Class A misdemeanor. Unlawful | ||||||
15 | possession of handguns is a
Class 4 felony. The possession of | ||||||
16 | each firearm or firearm ammunition in violation of this Section | ||||||
17 | constitutes a single and separate violation.
| ||||||
18 | (c) Nothing in paragraph (1) of subsection (a) of this | ||||||
19 | Section prohibits
a person under 18 years of age from | ||||||
20 | participating in any lawful recreational
activity with a | ||||||
21 | firearm such as, but not limited to, practice shooting at
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22 | targets upon established public or private target ranges or | ||||||
23 | hunting, trapping,
or fishing in accordance with the Wildlife | ||||||
24 | Code or the Fish and Aquatic Life
Code.
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25 | (Source: P.A. 97-227, eff. 1-1-12.)
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1 | Section 99. Effective date. This Act takes effect June 1, | ||||||
2 | 2013.".
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