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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3912 Introduced , by Rep. Allen Skillicorn SYNOPSIS AS INTRODUCED:
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| 520 ILCS 5/2.33 | from Ch. 61, par. 2.33 | 720 ILCS 5/24-1 | from Ch. 38, par. 24-1 | 720 ILCS 5/24-3 | from Ch. 38, par. 24-3 |
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Amends the Criminal Code of 2012. Provides that a person also commits the offense of unlawful use of weapons when the person knowingly uses, attaches, or possesses with the intent to use or attach (rather than possesses) any device or attachment of any kind (deletes designed, used, or intended for use in) for silencing the report of any handgun. Permits the use, attachment, or possession with the intent to use the device or attachment on the premises of a firing or shooting range. Prohibits the possession of any device or attachment of any kind designed, used, or intended for use in silencing the report of any other firearm if the device or attachment is not possessed in compliance with the federal National Firearms Act. Provides that a person also commits the offense of unlawful sale or delivery of firearms when he or she transfers or gives a suppressor or silencer to a person not authorized to possess the suppressor or silencer under federal law. Amends the Wildlife Code. Removes the prohibition of using a silencer or other device to muffle or mute the sound of the explosion or report resulting from the firing of any gun. Effective immediately.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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| 1 | | AN ACT concerning firearm silencers, which may be referred |
| 2 | | to as the Hunter Hearing Protection Act.
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| 3 | | Be it enacted by the People of the State of Illinois,
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| 4 | | represented in the General Assembly:
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| 5 | | Section 5. The Wildlife Code is amended by changing Section |
| 6 | | 2.33 as follows:
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| 7 | | (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
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| 8 | | Sec. 2.33. Prohibitions.
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| 9 | | (a) It is unlawful to carry or possess any gun in any
State |
| 10 | | refuge unless otherwise permitted by administrative rule.
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| 11 | | (b) It is unlawful to use or possess any snare or |
| 12 | | snare-like device,
deadfall, net, or pit trap to take any |
| 13 | | species, except that snares not
powered by springs or other |
| 14 | | mechanical devices may be used to trap
fur-bearing mammals, in |
| 15 | | water sets only, if at least one-half of the snare
noose is |
| 16 | | located underwater at all times.
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| 17 | | (c) It is unlawful for any person at any time to take a |
| 18 | | wild mammal
protected by this Act from its den by means of any |
| 19 | | mechanical device,
spade, or digging device or to use smoke or |
| 20 | | other gases to dislodge or
remove such mammal except as |
| 21 | | provided in Section 2.37.
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| 22 | | (d) It is unlawful to use a ferret or any other small |
| 23 | | mammal which is
used in the same or similar manner for which |
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| 1 | | ferrets are used for the
purpose of frightening or driving any |
| 2 | | mammals from their dens or hiding places.
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| 3 | | (e) (Blank).
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| 4 | | (f) It is unlawful to use spears, gigs, hooks or any like |
| 5 | | device to
take any species protected by this Act.
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| 6 | | (g) It is unlawful to use poisons, chemicals or explosives |
| 7 | | for the
purpose of taking any species protected by this Act.
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| 8 | | (h) It is unlawful to hunt adjacent to or near any peat, |
| 9 | | grass,
brush or other inflammable substance when it is burning.
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| 10 | | (i) It is unlawful to take, pursue or intentionally harass |
| 11 | | or disturb
in any manner any wild birds or mammals by use or |
| 12 | | aid of any vehicle or
conveyance, except as permitted by the |
| 13 | | Code of Federal Regulations for the
taking of waterfowl. It is |
| 14 | | also unlawful to use the lights of any vehicle
or conveyance or |
| 15 | | any light from or any light connected to the
vehicle or |
| 16 | | conveyance in any area where wildlife may be found except in
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| 17 | | accordance with Section 2.37 of this Act; however, nothing in |
| 18 | | this
Section shall prohibit the normal use of headlamps for the |
| 19 | | purpose of driving
upon a roadway. Striped skunk, opossum, red |
| 20 | | fox, gray
fox, raccoon, bobcat, and coyote may be taken during |
| 21 | | the open season by use of a small
light which is worn on the |
| 22 | | body or hand-held by a person on foot and not in any
vehicle.
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| 23 | | (j) It is unlawful to use any shotgun larger than 10 gauge |
| 24 | | while
taking or attempting to take any of the species protected |
| 25 | | by this Act.
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| 26 | | (k) It is unlawful to use or possess in the field any |
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| 1 | | shotgun shell loaded
with a shot size larger than lead BB or |
| 2 | | steel T (.20 diameter) when taking or
attempting to take any |
| 3 | | species of wild game mammals (excluding white-tailed
deer), |
| 4 | | wild game birds, migratory waterfowl or migratory game birds |
| 5 | | protected
by this Act, except white-tailed deer as provided for |
| 6 | | in Section 2.26 and other
species as provided for by subsection |
| 7 | | (l) or administrative rule.
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| 8 | | (l) It is unlawful to take any species of wild game, except
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| 9 | | white-tailed deer and fur-bearing mammals, with a shotgun |
| 10 | | loaded with slugs unless otherwise
provided for by |
| 11 | | administrative rule.
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| 12 | | (m) It is unlawful to use any shotgun capable of holding |
| 13 | | more than 3
shells in the magazine or chamber combined, except |
| 14 | | on game breeding and
hunting preserve areas licensed under |
| 15 | | Section 3.27 and except as permitted by
the Code of Federal |
| 16 | | Regulations for the taking of waterfowl. If the shotgun
is |
| 17 | | capable of holding more than 3 shells, it shall, while being |
| 18 | | used on an
area other than a game breeding and shooting |
| 19 | | preserve area licensed
pursuant to Section 3.27, be fitted with |
| 20 | | a one piece plug that is
irremovable without dismantling the |
| 21 | | shotgun or otherwise altered to
render it incapable of holding |
| 22 | | more than 3 shells in the magazine and
chamber, combined.
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| 23 | | (n) It is unlawful for any person, except persons who |
| 24 | | possess a permit to
hunt from a vehicle as provided in this |
| 25 | | Section and persons otherwise permitted
by law, to have or |
| 26 | | carry any gun in or on any vehicle, conveyance or aircraft,
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| 1 | | unless such gun is unloaded and enclosed in a case, except that |
| 2 | | at field trials
authorized by Section 2.34 of this Act, |
| 3 | | unloaded guns or guns loaded with blank
cartridges only, may be |
| 4 | | carried on horseback while not contained in a case, or
to have |
| 5 | | or carry any bow or arrow device in or on any vehicle unless |
| 6 | | such bow
or arrow device is unstrung or enclosed in a case, or |
| 7 | | otherwise made
inoperable.
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| 8 | | (o) (Blank).
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| 9 | | (p) It is unlawful to take game birds, migratory game birds |
| 10 | | or
migratory waterfowl with a rifle, pistol, revolver or |
| 11 | | airgun.
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| 12 | | (q) It is unlawful to fire a rifle, pistol, revolver or |
| 13 | | airgun on,
over or into any waters of this State, including |
| 14 | | frozen waters.
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| 15 | | (r) It is unlawful to discharge any gun or bow and arrow |
| 16 | | device
along, upon, across, or from any public right-of-way or |
| 17 | | highway in this State.
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| 18 | | (s) (Blank). It is unlawful to use a silencer or other |
| 19 | | device to muffle or
mute the sound of the explosion or report |
| 20 | | resulting from the firing of
any gun.
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| 21 | | (t) It is unlawful for any person to take or attempt to |
| 22 | | take any species of wildlife or parts thereof, intentionally or |
| 23 | | wantonly allow a dog to
hunt, within or upon the land of |
| 24 | | another, or upon waters flowing over or
standing on the land of |
| 25 | | another, or to knowingly shoot a gun or bow and arrow device at |
| 26 | | any wildlife physically on or flying over the property of |
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| 1 | | another without first obtaining permission from
the owner or |
| 2 | | the owner's designee. For the purposes of this Section, the |
| 3 | | owner's designee means anyone who the owner designates in a |
| 4 | | written authorization and the authorization must contain (i) |
| 5 | | the legal or common description of property for such authority |
| 6 | | is given, (ii) the extent that the owner's designee is |
| 7 | | authorized to make decisions regarding who is allowed to take |
| 8 | | or attempt to take any species of wildlife or parts thereof, |
| 9 | | and (iii) the owner's notarized signature. Before enforcing |
| 10 | | this
Section the law enforcement officer must have received |
| 11 | | notice from the
owner or the owner's designee of a violation of |
| 12 | | this Section. Statements made to the
law enforcement officer |
| 13 | | regarding this notice shall not be rendered
inadmissible by the |
| 14 | | hearsay rule when offered for the purpose of showing the
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| 15 | | required notice.
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| 16 | | (u) It is unlawful for any person to discharge any firearm |
| 17 | | for the purpose
of taking any of the species protected by this |
| 18 | | Act, or hunt with gun or
dog, or intentionally or wantonly |
| 19 | | allow a dog to hunt, within 300 yards of an inhabited dwelling |
| 20 | | without
first obtaining permission from the owner or tenant, |
| 21 | | except that while
trapping, hunting with bow and arrow, hunting |
| 22 | | with dog and shotgun using shot
shells only, or hunting with |
| 23 | | shotgun using shot shells only, or providing outfitting |
| 24 | | services under a waterfowl outfitter permit, or
on licensed |
| 25 | | game breeding and hunting preserve areas, as defined in Section
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| 26 | | 3.27, on
federally owned and managed lands and on Department |
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| 1 | | owned, managed, leased, or
controlled lands, a 100 yard |
| 2 | | restriction shall apply.
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| 3 | | (v) It is unlawful for any person to remove fur-bearing |
| 4 | | mammals from, or
to move or disturb in any manner, the traps |
| 5 | | owned by another person without
written authorization of the |
| 6 | | owner to do so.
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| 7 | | (w) It is unlawful for any owner of a dog to knowingly or |
| 8 | | wantonly allow
his or her dog to pursue, harass or kill deer, |
| 9 | | except that nothing in this Section shall prohibit the tracking |
| 10 | | of wounded deer with a dog in accordance with the provisions of |
| 11 | | Section 2.26 of this Code.
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| 12 | | (x) It is unlawful for any person to wantonly or carelessly |
| 13 | | injure
or destroy, in any manner whatsoever, any real or |
| 14 | | personal property on
the land of another while engaged in |
| 15 | | hunting or trapping thereon.
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| 16 | | (y) It is unlawful to hunt wild game protected by this Act |
| 17 | | between one
half hour after sunset and one half hour before |
| 18 | | sunrise, except that
hunting hours between one half hour after |
| 19 | | sunset and one half hour
before sunrise may be established by |
| 20 | | administrative rule for fur-bearing
mammals.
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| 21 | | (z) It is unlawful to take any game bird (excluding wild |
| 22 | | turkeys and
crippled pheasants not capable of normal flight and |
| 23 | | otherwise irretrievable)
protected by this Act when not flying. |
| 24 | | Nothing in this Section shall prohibit
a person from carrying |
| 25 | | an uncased, unloaded shotgun in a boat, while in pursuit
of a |
| 26 | | crippled migratory waterfowl that is incapable of normal |
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| 1 | | flight, for the
purpose of attempting to reduce the migratory |
| 2 | | waterfowl to possession, provided
that the attempt is made |
| 3 | | immediately upon downing the migratory waterfowl and
is done |
| 4 | | within 400 yards of the blind from which the migratory |
| 5 | | waterfowl was
downed. This exception shall apply only to |
| 6 | | migratory game birds that are not
capable of normal flight. |
| 7 | | Migratory waterfowl that are crippled may be taken
only with a |
| 8 | | shotgun as regulated by subsection (j) of this Section using
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| 9 | | shotgun shells as regulated in subsection (k) of this Section.
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| 10 | | (aa) It is unlawful to use or possess any device that may |
| 11 | | be used for
tree climbing or cutting, while hunting fur-bearing |
| 12 | | mammals, excluding coyotes.
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| 13 | | (bb) It is unlawful for any person, except licensed game |
| 14 | | breeders,
pursuant to Section 2.29 to import, carry into, or |
| 15 | | possess alive in this
State any species of wildlife taken |
| 16 | | outside of this State, without
obtaining permission to do so |
| 17 | | from the Director.
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| 18 | | (cc) It is unlawful for any person to have in his or her
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| 19 | | possession any freshly killed species protected by this Act |
| 20 | | during the season
closed for taking.
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| 21 | | (dd) It is unlawful to take any species protected by this |
| 22 | | Act and retain
it alive except as provided by administrative |
| 23 | | rule.
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| 24 | | (ee) It is unlawful to possess any rifle while in the field |
| 25 | | during gun
deer season except as provided in Section 2.26 and |
| 26 | | administrative rules.
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| 1 | | (ff) It is unlawful for any person to take any species |
| 2 | | protected by
this Act, except migratory waterfowl, during the |
| 3 | | gun deer hunting season in
those counties open to gun deer |
| 4 | | hunting, unless he or she wears, when in
the field, a cap and |
| 5 | | upper outer garment of a solid blaze orange color or solid |
| 6 | | blaze pink color, with
such articles of clothing displaying a |
| 7 | | minimum of 400 square inches of
blaze orange or solid blaze |
| 8 | | pink color material.
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| 9 | | (gg) It is unlawful during the upland game season for any |
| 10 | | person to take
upland game with a firearm unless he or she |
| 11 | | wears, while in the field, a
cap of solid blaze orange color or |
| 12 | | solid blaze pink color. For purposes of this Act, upland game |
| 13 | | is
defined as Bobwhite Quail, Hungarian Partridge, Ring-necked |
| 14 | | Pheasant, Eastern
Cottontail and Swamp Rabbit.
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| 15 | | (hh) It shall be unlawful to kill or cripple any species |
| 16 | | protected by
this Act for which there is a bag limit without |
| 17 | | making a reasonable
effort to retrieve such species and include |
| 18 | | such in the bag limit. It shall be unlawful for any person |
| 19 | | having control over harvested game mammals, game birds, or |
| 20 | | migratory game birds for which there is a bag limit to wantonly |
| 21 | | waste or destroy the usable meat of the game, except this shall |
| 22 | | not apply to wildlife taken under Sections 2.37 or 3.22 of this |
| 23 | | Code. For purposes of this subsection, "usable meat" means the |
| 24 | | breast meat of a game bird or migratory game bird and the hind |
| 25 | | ham and front shoulders of a game mammal. It shall be unlawful |
| 26 | | for any person to place, leave, dump, or abandon a wildlife |
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| 1 | | carcass or parts of it along or upon a public right-of-way or |
| 2 | | highway or on public or private property, including a waterway |
| 3 | | or stream, without the permission of the owner or tenant. It |
| 4 | | shall not be unlawful to discard game meat that is determined |
| 5 | | to be unfit for human consumption.
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| 6 | | (ii) This Section shall apply only to those species |
| 7 | | protected by this
Act taken within the State. Any species or |
| 8 | | any parts thereof, legally taken
in and transported from other |
| 9 | | states or countries, may be possessed
within the State, except |
| 10 | | as provided in this Section and Sections 2.35, 2.36
and 3.21.
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| 11 | | (jj) (Blank).
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| 12 | | (kk) Nothing contained in this Section shall prohibit the |
| 13 | | Director
from issuing permits to paraplegics or to other |
| 14 | | persons with disabilities who meet the
requirements set forth |
| 15 | | in administrative rule to shoot or hunt from a vehicle
as |
| 16 | | provided by that rule, provided that such is otherwise in |
| 17 | | accord with this
Act.
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| 18 | | (ll) Nothing contained in this Act shall prohibit the |
| 19 | | taking of aquatic
life protected by the Fish and Aquatic Life |
| 20 | | Code or birds and mammals
protected by this Act, except deer |
| 21 | | and fur-bearing mammals, from a boat not
camouflaged or |
| 22 | | disguised to alter its identity or to further provide a place
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| 23 | | of concealment and not propelled by sail or mechanical power. |
| 24 | | However, only
shotguns not larger than 10 gauge nor smaller |
| 25 | | than .410 bore loaded with not
more than 3 shells of a shot |
| 26 | | size no larger than lead BB or steel T (.20
diameter) may be |
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| 1 | | used to take species protected by this Act.
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| 2 | | (mm) Nothing contained in this Act shall prohibit the use |
| 3 | | of a shotgun,
not larger than 10 gauge nor smaller than a 20 |
| 4 | | gauge, with a rifled barrel.
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| 5 | | (nn) It shall be unlawful to possess any species of |
| 6 | | wildlife or wildlife parts taken unlawfully in Illinois, any |
| 7 | | other state, or any other country, whether or not the wildlife |
| 8 | | or wildlife parts is indigenous to Illinois. For the purposes |
| 9 | | of this subsection, the statute of limitations for unlawful |
| 10 | | possession of wildlife or wildlife parts shall not cease until |
| 11 | | 2 years after the possession has permanently ended. |
| 12 | | (Source: P.A. 99-33, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642, |
| 13 | | eff. 7-28-16; 100-489, eff. 9-8-17; 100-949, eff. 1-1-19.)
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| 14 | | Section 10. The Criminal Code of 2012 is amended by |
| 15 | | changing Section 24-1 and 24-3 as follows:
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| 16 | | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
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| 17 | | (Text of Section before amendment by P.A. 101-223)
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| 18 | | Sec. 24-1. Unlawful use of weapons.
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| 19 | | (a) A person commits the offense of unlawful use of weapons |
| 20 | | when
he knowingly:
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| 21 | | (1) Sells, manufactures, purchases, possesses or |
| 22 | | carries any bludgeon,
black-jack, slung-shot, sand-club, |
| 23 | | sand-bag, metal knuckles or other knuckle weapon |
| 24 | | regardless of its composition, throwing star,
or any knife, |
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| 1 | | commonly referred to as a switchblade knife, which has a
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| 2 | | blade that opens automatically by hand pressure applied to |
| 3 | | a button,
spring or other device in the handle of the |
| 4 | | knife, or a ballistic knife,
which is a device that propels |
| 5 | | a knifelike blade as a projectile by means
of a coil |
| 6 | | spring, elastic material or compressed gas; or
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| 7 | | (2) Carries or possesses with intent to use the same |
| 8 | | unlawfully
against another, a dagger, dirk, billy, |
| 9 | | dangerous knife, razor,
stiletto, broken bottle or other |
| 10 | | piece of glass, stun gun or taser or
any other dangerous or |
| 11 | | deadly weapon or instrument of like character; or
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| 12 | | (3) Carries on or about his person or in any vehicle, a |
| 13 | | tear gas gun
projector or bomb or any object containing |
| 14 | | noxious liquid gas or
substance, other than an object |
| 15 | | containing a non-lethal noxious liquid gas
or substance |
| 16 | | designed solely for personal defense carried by a person 18
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| 17 | | years of age or older; or
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| 18 | | (4) Carries or possesses in any vehicle or concealed on |
| 19 | | or about his
person except when on his land or in his own |
| 20 | | abode, legal dwelling, or fixed place of
business, or on |
| 21 | | the land or in the legal dwelling of another person as an |
| 22 | | invitee with that person's permission, any pistol, |
| 23 | | revolver, stun gun or taser or other firearm, except
that
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| 24 | | this subsection (a) (4) does not apply to or affect |
| 25 | | transportation of weapons
that meet one of the following |
| 26 | | conditions:
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| 1 | | (i) are broken down in a non-functioning state; or
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| 2 | | (ii) are not immediately accessible; or
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| 3 | | (iii) are unloaded and enclosed in a case, firearm |
| 4 | | carrying box,
shipping box, or other container by a |
| 5 | | person who has been issued a currently
valid Firearm |
| 6 | | Owner's
Identification Card; or |
| 7 | | (iv) are carried or possessed in accordance with |
| 8 | | the Firearm Concealed Carry Act by a person who has |
| 9 | | been issued a currently valid license under the Firearm |
| 10 | | Concealed Carry Act; or
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| 11 | | (5) Sets a spring gun; or
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| 12 | | (6) Uses, attaches, or possesses with the intent to use |
| 13 | | or attach Possesses any device or attachment of any kind |
| 14 | | for designed, used or
intended for use in silencing the |
| 15 | | report of any handgun, unless the use, attachment, or |
| 16 | | possession with the intent to use the device or attachment |
| 17 | | is on the premises of a firing or shooting range; or |
| 18 | | possesses any device or attachment of any kind designed, |
| 19 | | used, or intended for use in silencing the report of any |
| 20 | | other firearm if the device or attachment is not possessed |
| 21 | | in compliance with the federal National Firearms Act |
| 22 | | firearm; or
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| 23 | | (7) Sells, manufactures, purchases, possesses or |
| 24 | | carries:
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| 25 | | (i) a machine gun, which shall be defined for the |
| 26 | | purposes of this
subsection as any weapon,
which |
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| 1 | | shoots, is designed to shoot, or can be readily |
| 2 | | restored to shoot,
automatically more than one shot |
| 3 | | without manually reloading by a single
function of the |
| 4 | | trigger, including the frame or receiver
of any such |
| 5 | | weapon, or sells, manufactures, purchases, possesses, |
| 6 | | or
carries any combination of parts designed or |
| 7 | | intended for
use in converting any weapon into a |
| 8 | | machine gun, or any combination or
parts from which a |
| 9 | | machine gun can be assembled if such parts are in the
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| 10 | | possession or under the control of a person;
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| 11 | | (ii) any rifle having one or
more barrels less than |
| 12 | | 16 inches in length or a shotgun having one or more
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| 13 | | barrels less than 18 inches in length or any weapon |
| 14 | | made from a rifle or
shotgun, whether by alteration, |
| 15 | | modification, or otherwise, if such a weapon
as |
| 16 | | modified has an overall length of less than 26 inches; |
| 17 | | or
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| 18 | | (iii) any
bomb, bomb-shell, grenade, bottle or |
| 19 | | other container containing an
explosive substance of |
| 20 | | over one-quarter ounce for like purposes, such
as, but |
| 21 | | not limited to, black powder bombs and Molotov |
| 22 | | cocktails or
artillery projectiles; or
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| 23 | | (8) Carries or possesses any firearm, stun gun or taser |
| 24 | | or other
deadly weapon in any place which is licensed to |
| 25 | | sell intoxicating
beverages, or at any public gathering |
| 26 | | held pursuant to a license issued
by any governmental body |
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| 1 | | or any public gathering at which an admission
is charged, |
| 2 | | excluding a place where a showing, demonstration or lecture
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| 3 | | involving the exhibition of unloaded firearms is |
| 4 | | conducted.
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| 5 | | This subsection (a)(8) does not apply to any auction or |
| 6 | | raffle of a firearm
held pursuant to
a license or permit |
| 7 | | issued by a governmental body, nor does it apply to persons
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| 8 | | engaged
in firearm safety training courses; or
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| 9 | | (9) Carries or possesses in a vehicle or on or about |
| 10 | | his person any
pistol, revolver, stun gun or taser or |
| 11 | | firearm or ballistic knife, when
he is hooded, robed or |
| 12 | | masked in such manner as to conceal his identity; or
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| 13 | | (10) Carries or possesses on or about his person, upon |
| 14 | | any public street,
alley, or other public lands within the |
| 15 | | corporate limits of a city, village
or incorporated town, |
| 16 | | except when an invitee thereon or therein, for the
purpose |
| 17 | | of the display of such weapon or the lawful commerce in |
| 18 | | weapons, or
except when on his land or in his own abode, |
| 19 | | legal dwelling, or fixed place of business, or on the land |
| 20 | | or in the legal dwelling of another person as an invitee |
| 21 | | with that person's permission, any
pistol, revolver, stun |
| 22 | | gun or taser or other firearm, except that this
subsection |
| 23 | | (a) (10) does not apply to or affect transportation of |
| 24 | | weapons that
meet one of the following conditions:
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| 25 | | (i) are broken down in a non-functioning state; or
|
| 26 | | (ii) are not immediately accessible; or
|
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| 1 | | (iii) are unloaded and enclosed in a case, firearm |
| 2 | | carrying box,
shipping box, or other container by a |
| 3 | | person who has been issued a currently
valid Firearm |
| 4 | | Owner's
Identification Card; or
|
| 5 | | (iv) are carried or possessed in accordance with |
| 6 | | the Firearm Concealed Carry Act by a person who has |
| 7 | | been issued a currently valid license under the Firearm |
| 8 | | Concealed Carry Act. |
| 9 | | A "stun gun or taser", as used in this paragraph (a) |
| 10 | | means (i) any device
which is powered by electrical |
| 11 | | charging units, such as, batteries, and
which fires one or |
| 12 | | several barbs attached to a length of wire and
which, upon |
| 13 | | hitting a human, can send out a current capable of |
| 14 | | disrupting
the person's nervous system in such a manner as |
| 15 | | to render him incapable of
normal functioning or (ii) any |
| 16 | | device which is powered by electrical
charging units, such |
| 17 | | as batteries, and which, upon contact with a human or
|
| 18 | | clothing worn by a human, can send out current capable of |
| 19 | | disrupting
the person's nervous system in such a manner as |
| 20 | | to render him incapable
of normal functioning; or
|
| 21 | | (11) Sells, manufactures or purchases any explosive |
| 22 | | bullet. For purposes
of this paragraph (a) "explosive |
| 23 | | bullet" means the projectile portion of
an ammunition |
| 24 | | cartridge which contains or carries an explosive charge |
| 25 | | which
will explode upon contact with the flesh of a human |
| 26 | | or an animal.
"Cartridge" means a tubular metal case having |
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| 1 | | a projectile affixed at the
front thereof and a cap or |
| 2 | | primer at the rear end thereof, with the
propellant |
| 3 | | contained in such tube between the projectile and the cap; |
| 4 | | or
|
| 5 | | (12) (Blank); or
|
| 6 | | (13) Carries or possesses on or about his or her person |
| 7 | | while in a building occupied by a unit of government, a |
| 8 | | billy club, other weapon of like character, or other |
| 9 | | instrument of like character intended for use as a weapon. |
| 10 | | For the purposes of this Section, "billy club" means a |
| 11 | | short stick or club commonly carried by police officers |
| 12 | | which is either telescopic or constructed of a solid piece |
| 13 | | of wood or other man-made material. |
| 14 | | (b) Sentence. A person convicted of a violation of |
| 15 | | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
|
| 16 | | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a |
| 17 | | Class A
misdemeanor.
A person convicted of a violation of |
| 18 | | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a |
| 19 | | person
convicted of a violation of subsection 24-1(a)(6) or |
| 20 | | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person |
| 21 | | convicted of a violation of subsection
24-1(a)(7)(i) commits a |
| 22 | | Class 2 felony and shall be sentenced to a term of imprisonment |
| 23 | | of not less than 3 years and not more than 7 years, unless the |
| 24 | | weapon is possessed in the
passenger compartment of a motor |
| 25 | | vehicle as defined in Section 1-146 of the
Illinois Vehicle |
| 26 | | Code, or on the person, while the weapon is loaded, in which
|
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| 1 | | case it shall be a Class X felony. A person convicted of a
|
| 2 | | second or subsequent violation of subsection 24-1(a)(4), |
| 3 | | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 |
| 4 | | felony. The possession of each weapon in violation of this |
| 5 | | Section constitutes a single and separate violation.
|
| 6 | | (c) Violations in specific places.
|
| 7 | | (1) A person who violates subsection 24-1(a)(6) or |
| 8 | | 24-1(a)(7) in any
school, regardless of the time of day or |
| 9 | | the time of year, in residential
property owned, operated |
| 10 | | or managed by a public housing agency or
leased by
a public |
| 11 | | housing agency as part of a scattered site or mixed-income
|
| 12 | | development, in a
public park, in a courthouse, on the real |
| 13 | | property comprising any school,
regardless of the
time of |
| 14 | | day or the time of year, on residential property owned, |
| 15 | | operated
or
managed by a public housing agency
or leased by |
| 16 | | a public housing agency as part of a scattered site or
|
| 17 | | mixed-income development,
on the real property comprising |
| 18 | | any
public park, on the real property comprising any |
| 19 | | courthouse, in any conveyance
owned, leased or contracted |
| 20 | | by a school to
transport students to or from school or a |
| 21 | | school related activity, in any conveyance
owned, leased, |
| 22 | | or contracted by a public transportation agency, or on any
|
| 23 | | public way within 1,000 feet of the real property |
| 24 | | comprising any school,
public park, courthouse, public |
| 25 | | transportation facility, or residential property owned, |
| 26 | | operated, or managed
by a public housing agency
or leased |
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| 1 | | by a public housing agency as part of a scattered site or
|
| 2 | | mixed-income development
commits a Class 2 felony and shall |
| 3 | | be sentenced to a term of imprisonment of not less than 3 |
| 4 | | years and not more than 7 years.
|
| 5 | | (1.5) A person who violates subsection 24-1(a)(4), |
| 6 | | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the |
| 7 | | time of day or the time of year,
in residential property |
| 8 | | owned, operated, or managed by a public
housing
agency
or |
| 9 | | leased by a public housing agency as part of a scattered |
| 10 | | site or
mixed-income development,
in
a public
park, in a |
| 11 | | courthouse, on the real property comprising any school, |
| 12 | | regardless
of the time of day or the time of year, on |
| 13 | | residential property owned,
operated, or managed by a |
| 14 | | public housing agency
or leased by a public housing agency |
| 15 | | as part of a scattered site or
mixed-income development,
on |
| 16 | | the real property
comprising any public park, on the real |
| 17 | | property comprising any courthouse, in
any conveyance |
| 18 | | owned, leased, or contracted by a school to transport |
| 19 | | students
to or from school or a school related activity, in |
| 20 | | any conveyance
owned, leased, or contracted by a public |
| 21 | | transportation agency, or on any public way within
1,000 |
| 22 | | feet of the real property comprising any school, public |
| 23 | | park, courthouse,
public transportation facility, or |
| 24 | | residential property owned, operated, or managed by a |
| 25 | | public
housing agency
or leased by a public housing agency |
| 26 | | as part of a scattered site or
mixed-income development
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| 1 | | commits a Class 3 felony.
|
| 2 | | (2) A person who violates subsection 24-1(a)(1), |
| 3 | | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the |
| 4 | | time of day or the time of year, in
residential property |
| 5 | | owned, operated or managed by a public housing
agency
or |
| 6 | | leased by a public housing agency as part of a scattered |
| 7 | | site or
mixed-income development,
in
a public park, in a |
| 8 | | courthouse, on the real property comprising any school,
|
| 9 | | regardless of the time of day or the time of year, on |
| 10 | | residential property
owned, operated or managed by a public |
| 11 | | housing agency
or leased by a public housing agency as part |
| 12 | | of a scattered site or
mixed-income development,
on the |
| 13 | | real property
comprising any public park, on the real |
| 14 | | property comprising any courthouse, in
any conveyance |
| 15 | | owned, leased or contracted by a school to transport |
| 16 | | students
to or from school or a school related activity, in |
| 17 | | any conveyance
owned, leased, or contracted by a public |
| 18 | | transportation agency, or on any public way within
1,000 |
| 19 | | feet of the real property comprising any school, public |
| 20 | | park, courthouse,
public transportation facility, or |
| 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 |
| 24 | | commits a Class 4 felony. "Courthouse"
means any building |
| 25 | | that is used by the Circuit, Appellate, or Supreme Court of
|
| 26 | | this State for the conduct of official business.
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| 1 | | (3) Paragraphs (1), (1.5), and (2) of this subsection |
| 2 | | (c) shall not
apply to law
enforcement officers or security |
| 3 | | officers of such school, college, or
university or to |
| 4 | | students carrying or possessing firearms for use in |
| 5 | | training
courses, parades, hunting, target shooting on |
| 6 | | school ranges, or otherwise with
the consent of school |
| 7 | | authorities and which firearms are transported unloaded
|
| 8 | | enclosed in a suitable case, box, or transportation |
| 9 | | package.
|
| 10 | | (4) For the purposes of this subsection (c), "school" |
| 11 | | means any public or
private elementary or secondary school, |
| 12 | | community college, college, or
university.
|
| 13 | | (5) For the purposes of this subsection (c), "public |
| 14 | | transportation agency" means a public or private agency |
| 15 | | that provides for the transportation or conveyance of
|
| 16 | | persons by means available to the general public, except |
| 17 | | for transportation
by automobiles not used for conveyance |
| 18 | | of the general public as passengers; and "public |
| 19 | | transportation facility" means a terminal or other place
|
| 20 | | where one may obtain public transportation.
|
| 21 | | (d) The presence in an automobile other than a public |
| 22 | | omnibus of any
weapon, instrument or substance referred to in |
| 23 | | subsection (a)(7) is
prima facie evidence that it is in the |
| 24 | | possession of, and is being
carried by, all persons occupying |
| 25 | | such automobile at the time such
weapon, instrument or |
| 26 | | substance is found, except under the following
circumstances: |
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| 1 | | (i) if such weapon, instrument or instrumentality is
found upon |
| 2 | | the person of one of the occupants therein; or (ii) if such
|
| 3 | | weapon, instrument or substance is found in an automobile |
| 4 | | operated for
hire by a duly licensed driver in the due, lawful |
| 5 | | and proper pursuit of
his trade, then such presumption shall |
| 6 | | not apply to the driver.
|
| 7 | | (e) Exemptions. |
| 8 | | (1) Crossbows, Common or Compound bows and Underwater
|
| 9 | | Spearguns are exempted from the definition of ballistic |
| 10 | | knife as defined in
paragraph (1) of subsection (a) of this |
| 11 | | Section. |
| 12 | | (2) The provision of paragraph (1) of subsection (a) of |
| 13 | | this Section prohibiting the sale, manufacture, purchase, |
| 14 | | possession, or carrying of any knife, commonly referred to |
| 15 | | as a switchblade knife, which has a
blade that opens |
| 16 | | automatically by hand pressure applied to a button,
spring |
| 17 | | or other device in the handle of the knife, does not apply |
| 18 | | to a person who possesses a currently valid Firearm Owner's |
| 19 | | Identification Card previously issued in his or her name by |
| 20 | | the Department of State Police or to a person or an entity |
| 21 | | engaged in the business of selling or manufacturing |
| 22 | | switchblade knives.
|
| 23 | | (Source: P.A. 99-29, eff. 7-10-15; 100-82, eff. 8-11-17.)
|
| 24 | | (Text of Section after amendment by P.A. 101-223)
|
| 25 | | Sec. 24-1. Unlawful use of weapons.
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| 1 | | (a) A person commits the offense of unlawful use of weapons |
| 2 | | when
he knowingly:
|
| 3 | | (1) Sells, manufactures, purchases, possesses or |
| 4 | | carries any bludgeon,
black-jack, slung-shot, sand-club, |
| 5 | | sand-bag, metal knuckles or other knuckle weapon |
| 6 | | regardless of its composition, throwing star,
or any knife, |
| 7 | | commonly referred to as a switchblade knife, which has a
|
| 8 | | blade that opens automatically by hand pressure applied to |
| 9 | | a button,
spring or other device in the handle of the |
| 10 | | knife, or a ballistic knife,
which is a device that propels |
| 11 | | a knifelike blade as a projectile by means
of a coil |
| 12 | | spring, elastic material or compressed gas; or
|
| 13 | | (2) Carries or possesses with intent to use the same |
| 14 | | unlawfully
against another, a dagger, dirk, billy, |
| 15 | | dangerous knife, razor,
stiletto, broken bottle or other |
| 16 | | piece of glass, stun gun or taser or
any other dangerous or |
| 17 | | deadly weapon or instrument of like character; or
|
| 18 | | (2.5) Carries or possesses with intent to use the same |
| 19 | | unlawfully against another, any firearm in a church, |
| 20 | | synagogue, mosque, or other building, structure, or place |
| 21 | | used for religious worship; or |
| 22 | | (3) Carries on or about his person or in any vehicle, a |
| 23 | | tear gas gun
projector or bomb or any object containing |
| 24 | | noxious liquid gas or
substance, other than an object |
| 25 | | containing a non-lethal noxious liquid gas
or substance |
| 26 | | designed solely for personal defense carried by a person 18
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| 1 | | years of age or older; or
|
| 2 | | (4) Carries or possesses in any vehicle or concealed on |
| 3 | | or about his
person except when on his land or in his own |
| 4 | | abode, legal dwelling, or fixed place of
business, or on |
| 5 | | the land or in the legal dwelling of another person as an |
| 6 | | invitee with that person's permission, any pistol, |
| 7 | | revolver, stun gun or taser or other firearm, except
that
|
| 8 | | this subsection (a) (4) does not apply to or affect |
| 9 | | transportation of weapons
that meet one of the following |
| 10 | | conditions:
|
| 11 | | (i) are broken down in a non-functioning state; or
|
| 12 | | (ii) are not immediately accessible; or
|
| 13 | | (iii) are unloaded and enclosed in a case, firearm |
| 14 | | carrying box,
shipping box, or other container by a |
| 15 | | person who has been issued a currently
valid Firearm |
| 16 | | Owner's
Identification Card; or |
| 17 | | (iv) are carried or possessed in accordance with |
| 18 | | the Firearm Concealed Carry Act by a person who has |
| 19 | | been issued a currently valid license under the Firearm |
| 20 | | Concealed Carry Act; or
|
| 21 | | (5) Sets a spring gun; or
|
| 22 | | (6) Uses, attaches, or possesses with the intent to use |
| 23 | | or attach Possesses any device or attachment of any kind |
| 24 | | for designed, used or
intended for use in silencing the |
| 25 | | report of any handgun, unless the use, attachment, or |
| 26 | | possession with the intent to use the device or attachment |
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| 1 | | is on the premises of a firing or shooting range; or |
| 2 | | possesses any device or attachment of any kind designed, |
| 3 | | used, or intended for use in silencing the report of any |
| 4 | | other firearm if the device or attachment is not possessed |
| 5 | | in compliance with the federal National Firearms Act |
| 6 | | firearm; or
|
| 7 | | (7) Sells, manufactures, purchases, possesses or |
| 8 | | carries:
|
| 9 | | (i) a machine gun, which shall be defined for the |
| 10 | | purposes of this
subsection as any weapon,
which |
| 11 | | shoots, is designed to shoot, or can be readily |
| 12 | | restored to shoot,
automatically more than one shot |
| 13 | | without manually reloading by a single
function of the |
| 14 | | trigger, including the frame or receiver
of any such |
| 15 | | weapon, or sells, manufactures, purchases, possesses, |
| 16 | | or
carries any combination of parts designed or |
| 17 | | intended for
use in converting any weapon into a |
| 18 | | machine gun, or any combination or
parts from which a |
| 19 | | machine gun can be assembled if such parts are in the
|
| 20 | | possession or under the control of a person;
|
| 21 | | (ii) any rifle having one or
more barrels less than |
| 22 | | 16 inches in length or a shotgun having one or more
|
| 23 | | barrels less than 18 inches in length or any weapon |
| 24 | | made from a rifle or
shotgun, whether by alteration, |
| 25 | | modification, or otherwise, if such a weapon
as |
| 26 | | modified has an overall length of less than 26 inches; |
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| 1 | | or
|
| 2 | | (iii) any
bomb, bomb-shell, grenade, bottle or |
| 3 | | other container containing an
explosive substance of |
| 4 | | over one-quarter ounce for like purposes, such
as, but |
| 5 | | not limited to, black powder bombs and Molotov |
| 6 | | cocktails or
artillery projectiles; or
|
| 7 | | (8) Carries or possesses any firearm, stun gun or taser |
| 8 | | or other
deadly weapon in any place which is licensed to |
| 9 | | sell intoxicating
beverages, or at any public gathering |
| 10 | | held pursuant to a license issued
by any governmental body |
| 11 | | or any public gathering at which an admission
is charged, |
| 12 | | excluding a place where a showing, demonstration or lecture
|
| 13 | | involving the exhibition of unloaded firearms is |
| 14 | | conducted.
|
| 15 | | This subsection (a)(8) does not apply to any auction or |
| 16 | | raffle of a firearm
held pursuant to
a license or permit |
| 17 | | issued by a governmental body, nor does it apply to persons
|
| 18 | | engaged
in firearm safety training courses; or
|
| 19 | | (9) Carries or possesses in a vehicle or on or about |
| 20 | | his or her person any
pistol, revolver, stun gun or taser |
| 21 | | or firearm or ballistic knife, when
he or she is hooded, |
| 22 | | robed or masked in such manner as to conceal his or her |
| 23 | | identity; or
|
| 24 | | (10) Carries or possesses on or about his or her |
| 25 | | person, upon any public street,
alley, or other public |
| 26 | | lands within the corporate limits of a city, village,
or |
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| 1 | | incorporated town, except when an invitee thereon or |
| 2 | | therein, for the
purpose of the display of such weapon or |
| 3 | | the lawful commerce in weapons, or
except when on his land |
| 4 | | or in his or her own abode, legal dwelling, or fixed place |
| 5 | | of business, or on the land or in the legal dwelling of |
| 6 | | another person as an invitee with that person's permission, |
| 7 | | any
pistol, revolver, stun gun, or taser or other firearm, |
| 8 | | except that this
subsection (a) (10) does not apply to or |
| 9 | | affect transportation of weapons that
meet one of the |
| 10 | | following conditions:
|
| 11 | | (i) are broken down in a non-functioning state; or
|
| 12 | | (ii) are not immediately accessible; or
|
| 13 | | (iii) are unloaded and enclosed in a case, firearm |
| 14 | | carrying box,
shipping box, or other container by a |
| 15 | | person who has been issued a currently
valid Firearm |
| 16 | | Owner's
Identification Card; or
|
| 17 | | (iv) are carried or possessed in accordance with |
| 18 | | the Firearm Concealed Carry Act by a person who has |
| 19 | | been issued a currently valid license under the Firearm |
| 20 | | Concealed Carry Act. |
| 21 | | A "stun gun or taser", as used in this paragraph (a) |
| 22 | | means (i) any device
which is powered by electrical |
| 23 | | charging units, such as, batteries, and
which fires one or |
| 24 | | several barbs attached to a length of wire and
which, upon |
| 25 | | hitting a human, can send out a current capable of |
| 26 | | disrupting
the person's nervous system in such a manner as |
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| | HB3912 | - 27 - | LRB101 13083 RLC 61919 b |
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|
| 1 | | to render him incapable of
normal functioning or (ii) any |
| 2 | | device which is powered by electrical
charging units, such |
| 3 | | as batteries, and which, upon contact with a human or
|
| 4 | | clothing worn by a human, can send out current capable of |
| 5 | | disrupting
the person's nervous system in such a manner as |
| 6 | | to render him incapable
of normal functioning; or
|
| 7 | | (11) Sells, manufactures, or purchases any explosive |
| 8 | | bullet. For purposes
of this paragraph (a) "explosive |
| 9 | | bullet" means the projectile portion of
an ammunition |
| 10 | | cartridge which contains or carries an explosive charge |
| 11 | | which
will explode upon contact with the flesh of a human |
| 12 | | or an animal.
"Cartridge" means a tubular metal case having |
| 13 | | a projectile affixed at the
front thereof and a cap or |
| 14 | | primer at the rear end thereof, with the
propellant |
| 15 | | contained in such tube between the projectile and the cap; |
| 16 | | or
|
| 17 | | (12) (Blank); or
|
| 18 | | (13) Carries or possesses on or about his or her person |
| 19 | | while in a building occupied by a unit of government, a |
| 20 | | billy club, other weapon of like character, or other |
| 21 | | instrument of like character intended for use as a weapon. |
| 22 | | For the purposes of this Section, "billy club" means a |
| 23 | | short stick or club commonly carried by police officers |
| 24 | | which is either telescopic or constructed of a solid piece |
| 25 | | of wood or other man-made material. |
| 26 | | (b) Sentence. A person convicted of a violation of |
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| 1 | | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
|
| 2 | | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a |
| 3 | | Class A
misdemeanor.
A person convicted of a violation of |
| 4 | | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a |
| 5 | | person
convicted of a violation of subsection 24-1(a)(6) or |
| 6 | | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person |
| 7 | | convicted of a violation of subsection
24-1(a)(7)(i) commits a |
| 8 | | Class 2 felony and shall be sentenced to a term of imprisonment |
| 9 | | of not less than 3 years and not more than 7 years, unless the |
| 10 | | weapon is possessed in the
passenger compartment of a motor |
| 11 | | vehicle as defined in Section 1-146 of the
Illinois Vehicle |
| 12 | | Code, or on the person, while the weapon is loaded, in which
|
| 13 | | case it shall be a Class X felony. A person convicted of a
|
| 14 | | second or subsequent violation of subsection 24-1(a)(4), |
| 15 | | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 |
| 16 | | felony. A person convicted of a violation of subsection |
| 17 | | 24-1(a)(2.5) commits a Class 2 felony. The possession of each |
| 18 | | weapon in violation of this Section constitutes a single and |
| 19 | | separate violation.
|
| 20 | | (c) Violations in specific places.
|
| 21 | | (1) A person who violates subsection 24-1(a)(6) or |
| 22 | | 24-1(a)(7) in any
school, regardless of the time of day or |
| 23 | | the time of year, in residential
property owned, operated |
| 24 | | or managed by a public housing agency or
leased by
a public |
| 25 | | housing agency as part of a scattered site or mixed-income
|
| 26 | | development, in a
public park, in a courthouse, on the real |
|
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| 1 | | property comprising any school,
regardless of the
time of |
| 2 | | day or the time of year, on residential property owned, |
| 3 | | operated
or
managed by a public housing agency
or leased by |
| 4 | | a public housing agency as part of a scattered site or
|
| 5 | | mixed-income development,
on the real property comprising |
| 6 | | any
public park, on the real property comprising any |
| 7 | | courthouse, in any conveyance
owned, leased or contracted |
| 8 | | by a school to
transport students to or from school or a |
| 9 | | school related activity, in any conveyance
owned, leased, |
| 10 | | or contracted by a public transportation agency, or on any
|
| 11 | | public way within 1,000 feet of the real property |
| 12 | | comprising any school,
public park, courthouse, public |
| 13 | | transportation facility, or residential property owned, |
| 14 | | operated, or managed
by a public housing agency
or leased |
| 15 | | by a public housing agency as part of a scattered site or
|
| 16 | | mixed-income development
commits a Class 2 felony and shall |
| 17 | | be sentenced to a term of imprisonment of not less than 3 |
| 18 | | years and not more than 7 years.
|
| 19 | | (1.5) A person who violates subsection 24-1(a)(4), |
| 20 | | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the |
| 21 | | time of day or the time of year,
in residential property |
| 22 | | owned, operated, or managed by a public
housing
agency
or |
| 23 | | leased by a public housing agency as part of a scattered |
| 24 | | site or
mixed-income development,
in
a public
park, in a |
| 25 | | courthouse, on the real property comprising any school, |
| 26 | | regardless
of the time of day or the time of year, on |
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| 1 | | residential property owned,
operated, or managed by a |
| 2 | | public housing agency
or leased by a public housing agency |
| 3 | | as part of a scattered site or
mixed-income development,
on |
| 4 | | the real property
comprising any public park, on the real |
| 5 | | property comprising any courthouse, in
any conveyance |
| 6 | | owned, leased, or contracted by a school to transport |
| 7 | | students
to or from school or a school related activity, in |
| 8 | | any conveyance
owned, leased, or contracted by a public |
| 9 | | transportation agency, or on any public way within
1,000 |
| 10 | | feet of the real property comprising any school, public |
| 11 | | park, courthouse,
public transportation facility, or |
| 12 | | residential property owned, operated, or managed by a |
| 13 | | public
housing agency
or leased by a public housing agency |
| 14 | | as part of a scattered site or
mixed-income development
|
| 15 | | commits a Class 3 felony.
|
| 16 | | (2) A person who violates subsection 24-1(a)(1), |
| 17 | | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the |
| 18 | | time of day or the time of year, in
residential property |
| 19 | | owned, operated or managed by a public housing
agency
or |
| 20 | | leased by a public housing agency as part of a scattered |
| 21 | | site or
mixed-income development,
in
a public park, in a |
| 22 | | courthouse, on the real property comprising any school,
|
| 23 | | regardless of the time of day or the time of year, on |
| 24 | | residential property
owned, operated or managed by a public |
| 25 | | housing agency
or leased by a public housing agency as part |
| 26 | | of a scattered site or
mixed-income development,
on the |
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| 1 | | real property
comprising any public park, on the real |
| 2 | | property comprising any courthouse, in
any conveyance |
| 3 | | owned, leased or contracted by a school to transport |
| 4 | | students
to or from school or a school related activity, in |
| 5 | | any conveyance
owned, leased, or contracted by a public |
| 6 | | transportation agency, or on any public way within
1,000 |
| 7 | | feet of the real property comprising any school, public |
| 8 | | park, courthouse,
public transportation facility, or |
| 9 | | residential property owned, operated, or managed by a |
| 10 | | public
housing agency or leased by a public housing agency |
| 11 | | as part of a scattered
site or mixed-income development |
| 12 | | commits a Class 4 felony. "Courthouse"
means any building |
| 13 | | that is used by the Circuit, Appellate, or Supreme Court of
|
| 14 | | this State for the conduct of official business.
|
| 15 | | (3) Paragraphs (1), (1.5), and (2) of this subsection |
| 16 | | (c) shall not
apply to law
enforcement officers or security |
| 17 | | officers of such school, college, or
university or to |
| 18 | | students carrying or possessing firearms for use in |
| 19 | | training
courses, parades, hunting, target shooting on |
| 20 | | school ranges, or otherwise with
the consent of school |
| 21 | | authorities and which firearms are transported unloaded
|
| 22 | | enclosed in a suitable case, box, or transportation |
| 23 | | package.
|
| 24 | | (4) For the purposes of this subsection (c), "school" |
| 25 | | means any public or
private elementary or secondary school, |
| 26 | | community college, college, or
university.
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| 1 | | (5) For the purposes of this subsection (c), "public |
| 2 | | transportation agency" means a public or private agency |
| 3 | | that provides for the transportation or conveyance of
|
| 4 | | persons by means available to the general public, except |
| 5 | | for transportation
by automobiles not used for conveyance |
| 6 | | of the general public as passengers; and "public |
| 7 | | transportation facility" means a terminal or other place
|
| 8 | | where one may obtain public transportation.
|
| 9 | | (d) The presence in an automobile other than a public |
| 10 | | omnibus of any
weapon, instrument or substance referred to in |
| 11 | | subsection (a)(7) is
prima facie evidence that it is in the |
| 12 | | possession of, and is being
carried by, all persons occupying |
| 13 | | such automobile at the time such
weapon, instrument or |
| 14 | | substance is found, except under the following
circumstances: |
| 15 | | (i) if such weapon, instrument or instrumentality is
found upon |
| 16 | | the person of one of the occupants therein; or (ii) if such
|
| 17 | | weapon, instrument or substance is found in an automobile |
| 18 | | operated for
hire by a duly licensed driver in the due, lawful |
| 19 | | and proper pursuit of
his or her trade, then such presumption |
| 20 | | shall not apply to the driver.
|
| 21 | | (e) Exemptions. |
| 22 | | (1) Crossbows, Common or Compound bows and Underwater
|
| 23 | | Spearguns are exempted from the definition of ballistic |
| 24 | | knife as defined in
paragraph (1) of subsection (a) of this |
| 25 | | Section. |
| 26 | | (2) The provision of paragraph (1) of subsection (a) of |
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| 1 | | this Section prohibiting the sale, manufacture, purchase, |
| 2 | | possession, or carrying of any knife, commonly referred to |
| 3 | | as a switchblade knife, which has a
blade that opens |
| 4 | | automatically by hand pressure applied to a button,
spring |
| 5 | | or other device in the handle of the knife, does not apply |
| 6 | | to a person who possesses a currently valid Firearm Owner's |
| 7 | | Identification Card previously issued in his or her name by |
| 8 | | the Department of State Police or to a person or an entity |
| 9 | | engaged in the business of selling or manufacturing |
| 10 | | switchblade knives.
|
| 11 | | (Source: P.A. 100-82, eff. 8-11-17; 101-223, eff. 1-1-20.)
|
| 12 | | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
|
| 13 | | Sec. 24-3. Unlawful sale or delivery of firearms.
|
| 14 | | (A) A person commits the offense of unlawful sale or |
| 15 | | delivery of firearms when he
or she knowingly does any of the |
| 16 | | following:
|
| 17 | | (a) Sells or gives any firearm of a size which may be |
| 18 | | concealed upon the
person to any person under 18 years of |
| 19 | | age.
|
| 20 | | (b) Sells or gives any firearm to a person under 21 |
| 21 | | years of age who has
been convicted of a misdemeanor other |
| 22 | | than a traffic offense or adjudged
delinquent.
|
| 23 | | (c) Sells or gives any firearm to any narcotic addict.
|
| 24 | | (d) Sells or gives any firearm to any person who has |
| 25 | | been convicted of a
felony under the laws of this or any |
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| 1 | | other jurisdiction.
|
| 2 | | (e) Sells or gives any firearm to any person who has |
| 3 | | been a patient in a
mental institution within the past 5 |
| 4 | | years. In this subsection (e): |
| 5 | | "Mental institution" means any hospital, |
| 6 | | institution, clinic, evaluation facility, mental |
| 7 | | health center, or part thereof, which is used primarily |
| 8 | | for the care or treatment of persons with mental |
| 9 | | illness. |
| 10 | | "Patient in a mental institution" means the person |
| 11 | | was admitted, either voluntarily or involuntarily, to |
| 12 | | a mental institution for mental health treatment, |
| 13 | | unless the treatment was voluntary and solely for an |
| 14 | | alcohol abuse disorder and no other secondary |
| 15 | | substance abuse disorder or mental illness.
|
| 16 | | (f) Sells or gives any firearms to any person who is a |
| 17 | | person with an intellectual disability.
|
| 18 | | (g) Delivers any firearm, incidental to a sale, without |
| 19 | | withholding delivery of the firearm
for at least 72 hours |
| 20 | | after application for its purchase has been made, or
|
| 21 | | delivers a stun gun or taser, incidental to a sale,
without |
| 22 | | withholding delivery of the stun gun or taser for
at least |
| 23 | | 24 hours after application for its purchase has been made.
|
| 24 | | However,
this paragraph (g) does not apply to: (1) the sale |
| 25 | | of a firearm
to a law enforcement officer if the seller of |
| 26 | | the firearm knows that the person to whom he or she is |
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| 1 | | selling the firearm is a law enforcement officer or the |
| 2 | | sale of a firearm to a person who desires to purchase a |
| 3 | | firearm for
use in promoting the public interest incident |
| 4 | | to his or her employment as a
bank guard, armed truck |
| 5 | | guard, or other similar employment; (2) a mail
order sale |
| 6 | | of a firearm from a federally licensed firearms dealer to a |
| 7 | | nonresident of Illinois under which the firearm
is mailed |
| 8 | | to a federally licensed firearms dealer outside the |
| 9 | | boundaries of Illinois; (3) (blank); (4) the sale of a
|
| 10 | | firearm to a dealer licensed as a federal firearms dealer |
| 11 | | under Section 923
of the federal Gun Control Act of 1968 |
| 12 | | (18 U.S.C. 923); or (5) the transfer or sale of any rifle, |
| 13 | | shotgun, or other long gun to a resident registered |
| 14 | | competitor or attendee or non-resident registered |
| 15 | | competitor or attendee by any dealer licensed as a federal |
| 16 | | firearms dealer under Section 923 of the federal Gun |
| 17 | | Control Act of 1968 at competitive shooting events held at |
| 18 | | the World Shooting Complex sanctioned by a national |
| 19 | | governing body. For purposes of transfers or sales under |
| 20 | | subparagraph (5) of this paragraph (g), the Department of |
| 21 | | Natural Resources shall give notice to the Department of |
| 22 | | State Police at least 30 calendar days prior to any |
| 23 | | competitive shooting events at the World Shooting Complex |
| 24 | | sanctioned by a national governing body. The notification |
| 25 | | shall be made on a form prescribed by the Department of |
| 26 | | State Police. The sanctioning body shall provide a list of |
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| 1 | | all registered competitors and attendees at least 24 hours |
| 2 | | before the events to the Department of State Police. Any |
| 3 | | changes to the list of registered competitors and attendees |
| 4 | | shall be forwarded to the Department of State Police as |
| 5 | | soon as practicable. The Department of State Police must |
| 6 | | destroy the list of registered competitors and attendees no |
| 7 | | later than 30 days after the date of the event. Nothing in |
| 8 | | this paragraph (g) relieves a federally licensed firearm |
| 9 | | dealer from the requirements of conducting a NICS |
| 10 | | background check through the Illinois Point of Contact |
| 11 | | under 18 U.S.C. 922(t). For purposes of this paragraph (g), |
| 12 | | "application" means when the buyer and seller reach an |
| 13 | | agreement to purchase a firearm.
For purposes of this |
| 14 | | paragraph (g), "national governing body" means a group of |
| 15 | | persons who adopt rules and formulate policy on behalf of a |
| 16 | | national firearm sporting organization.
|
| 17 | | (h) While holding any license
as a dealer,
importer, |
| 18 | | manufacturer or pawnbroker
under the federal Gun Control |
| 19 | | Act of 1968,
manufactures, sells or delivers to any |
| 20 | | unlicensed person a handgun having
a barrel, slide, frame |
| 21 | | or receiver which is a die casting of zinc alloy or
any |
| 22 | | other nonhomogeneous metal which will melt or deform at a |
| 23 | | temperature
of less than 800 degrees Fahrenheit. For |
| 24 | | purposes of this paragraph, (1)
"firearm" is defined as in |
| 25 | | the Firearm Owners Identification Card Act; and (2)
|
| 26 | | "handgun" is defined as a firearm designed to be held
and |
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| 1 | | fired by the use of a single hand, and includes a |
| 2 | | combination of parts from
which such a firearm can be |
| 3 | | assembled.
|
| 4 | | (i) Sells or gives a firearm of any size to any person |
| 5 | | under 18 years of
age who does not possess a valid Firearm |
| 6 | | Owner's Identification Card.
|
| 7 | | (j) Sells or gives a firearm while engaged in the |
| 8 | | business of selling
firearms at wholesale or retail without |
| 9 | | being licensed as a federal firearms
dealer under Section |
| 10 | | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). |
| 11 | | In this paragraph (j):
|
| 12 | | A person "engaged in the business" means a person who |
| 13 | | devotes time,
attention, and
labor to
engaging in the |
| 14 | | activity as a regular course of trade or business with the
|
| 15 | | principal objective of livelihood and profit, but does not |
| 16 | | include a person who
makes occasional repairs of firearms |
| 17 | | or who occasionally fits special barrels,
stocks, or |
| 18 | | trigger mechanisms to firearms.
|
| 19 | | "With the principal objective of livelihood and |
| 20 | | profit" means that the
intent
underlying the sale or |
| 21 | | disposition of firearms is predominantly one of
obtaining |
| 22 | | livelihood and pecuniary gain, as opposed to other intents, |
| 23 | | such as
improving or liquidating a personal firearms |
| 24 | | collection; however, proof of
profit shall not be required |
| 25 | | as to a person who engages in the regular and
repetitive |
| 26 | | purchase and disposition of firearms for criminal purposes |
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| 1 | | or
terrorism.
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| 2 | | (k) Sells or transfers ownership of a firearm to a |
| 3 | | person who does not display to the seller or transferor of |
| 4 | | the firearm either: (1) a currently valid Firearm Owner's |
| 5 | | Identification Card that has previously been issued in the |
| 6 | | transferee's name by the Department of State Police under |
| 7 | | the provisions of the Firearm Owners Identification Card |
| 8 | | Act; or (2) a currently valid license to carry a concealed |
| 9 | | firearm that has previously been issued in the transferee's |
| 10 | | name by the
Department of State Police under the Firearm |
| 11 | | Concealed Carry Act. This paragraph (k) does not apply to |
| 12 | | the transfer of a firearm to a person who is exempt from |
| 13 | | the requirement of possessing a Firearm Owner's |
| 14 | | Identification Card under Section 2 of the Firearm Owners |
| 15 | | Identification Card Act. For the purposes of this Section, |
| 16 | | a currently valid Firearm Owner's Identification Card |
| 17 | | means (i) a Firearm Owner's Identification Card that has |
| 18 | | not expired or (ii) an approval number issued in accordance |
| 19 | | with subsection (a-10) of subsection 3 or Section 3.1 of |
| 20 | | the Firearm Owners Identification Card Act shall be proof |
| 21 | | that the Firearm Owner's Identification Card was valid. |
| 22 | | (1) In addition to the other requirements of this |
| 23 | | paragraph (k), all persons who are not federally |
| 24 | | licensed firearms dealers must also have complied with |
| 25 | | subsection (a-10) of Section 3 of the Firearm Owners |
| 26 | | Identification Card Act by determining the validity of |
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| 1 | | a purchaser's Firearm Owner's Identification Card. |
| 2 | | (2) All sellers or transferors who have complied |
| 3 | | with the requirements of subparagraph (1) of this |
| 4 | | paragraph (k) shall not be liable for damages in any |
| 5 | | civil action arising from the use or misuse by the |
| 6 | | transferee of the firearm transferred, except for |
| 7 | | willful or wanton misconduct on the part of the seller |
| 8 | | or transferor. |
| 9 | | (l) Not
being entitled to the possession of a firearm, |
| 10 | | delivers the
firearm, knowing it to have been stolen or |
| 11 | | converted. It may be inferred that
a person who possesses a |
| 12 | | firearm with knowledge that its serial number has
been |
| 13 | | removed or altered has knowledge that the firearm is stolen |
| 14 | | or converted. |
| 15 | | (m) Transfers or gives a suppressor or silencer to a |
| 16 | | person not authorized to possess the suppressor or silencer |
| 17 | | under federal law. |
| 18 | | (B) Paragraph (h) of subsection (A) does not include |
| 19 | | firearms sold within 6
months after enactment of Public
Act |
| 20 | | 78-355 (approved August 21, 1973, effective October 1, 1973), |
| 21 | | nor is any
firearm legally owned or
possessed by any citizen or |
| 22 | | purchased by any citizen within 6 months after the
enactment of |
| 23 | | Public Act 78-355 subject
to confiscation or seizure under the |
| 24 | | provisions of that Public Act. Nothing in
Public Act 78-355 |
| 25 | | shall be construed to prohibit the gift or trade of
any firearm |
| 26 | | if that firearm was legally held or acquired within 6 months |
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| 1 | | after
the enactment of that Public Act.
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| 2 | | (C) Sentence.
|
| 3 | | (1) Any person convicted of unlawful sale or delivery |
| 4 | | of firearms in violation of
paragraph (c), (e), (f), (g), |
| 5 | | or (h) of subsection (A) commits a Class
4
felony.
|
| 6 | | (2) Any person convicted of unlawful sale or delivery |
| 7 | | of firearms in violation of
paragraph (b) or (i), or (m) of |
| 8 | | subsection (A) commits a Class 3 felony.
|
| 9 | | (3) Any person convicted of unlawful sale or delivery |
| 10 | | of firearms in violation of
paragraph (a) of subsection (A) |
| 11 | | commits a Class 2 felony.
|
| 12 | | (4) Any person convicted of unlawful sale or delivery |
| 13 | | of firearms in violation of
paragraph (a), (b), or (i) of |
| 14 | | subsection (A) in any school, on the real
property |
| 15 | | comprising a school, within 1,000 feet of the real property |
| 16 | | comprising
a school, at a school related activity, or on or |
| 17 | | within 1,000 feet of any
conveyance owned, leased, or |
| 18 | | contracted by a school or school district to
transport |
| 19 | | students to or from school or a school related activity,
|
| 20 | | regardless of the time of day or time of year at which the |
| 21 | | offense
was committed, commits a Class 1 felony. Any person |
| 22 | | convicted of a second
or subsequent violation of unlawful |
| 23 | | sale or delivery of firearms in violation of paragraph
(a), |
| 24 | | (b), or (i) of subsection (A) in any school, on the real |
| 25 | | property
comprising a school, within 1,000 feet of the real |
| 26 | | property comprising a
school, at a school related activity, |
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| 1 | | or on or within 1,000 feet of any
conveyance owned, leased, |
| 2 | | or contracted by a school or school district to
transport |
| 3 | | students to or from school or a school related activity,
|
| 4 | | regardless of the time of day or time of year at which the |
| 5 | | offense
was committed, commits a Class 1 felony for which |
| 6 | | the sentence shall be a
term of imprisonment of no less |
| 7 | | than 5 years and no more than 15 years.
|
| 8 | | (5) Any person convicted of unlawful sale or delivery |
| 9 | | of firearms in violation of
paragraph (a) or (i) of |
| 10 | | subsection (A) in residential property owned,
operated, or |
| 11 | | managed by a public housing agency or leased by a public |
| 12 | | housing
agency as part of a scattered site or mixed-income |
| 13 | | development, in a public
park, in a
courthouse, on |
| 14 | | residential property owned, operated, or managed by a |
| 15 | | public
housing agency or leased by a public housing agency |
| 16 | | as part of a scattered site
or mixed-income development, on |
| 17 | | the real property comprising any public park,
on the real
|
| 18 | | property comprising any courthouse, or on any public way |
| 19 | | within 1,000 feet
of the real property comprising any |
| 20 | | public park, courthouse, or residential
property owned, |
| 21 | | operated, or managed by a public housing agency or leased |
| 22 | | by a
public housing agency as part of a scattered site or |
| 23 | | mixed-income development
commits a
Class 2 felony.
|
| 24 | | (6) Any person convicted of unlawful sale or delivery |
| 25 | | of firearms in violation of
paragraph (j) of subsection (A) |
| 26 | | commits a Class A misdemeanor. A second or
subsequent |
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| 1 | | violation is a Class 4 felony. |
| 2 | | (7) Any person convicted of unlawful sale or delivery |
| 3 | | of firearms in violation of paragraph (k) of subsection (A) |
| 4 | | commits a Class 4 felony, except that a violation of |
| 5 | | subparagraph (1) of paragraph (k) of subsection (A) shall |
| 6 | | not be punishable as a crime or petty offense. A third or |
| 7 | | subsequent conviction for a violation of paragraph (k) of |
| 8 | | subsection (A) is a Class 1 felony.
|
| 9 | | (8) A person 18 years of age or older convicted of |
| 10 | | unlawful sale or delivery of firearms in violation of |
| 11 | | paragraph (a) or (i) of subsection (A), when the firearm |
| 12 | | that was sold or given to another person under 18 years of |
| 13 | | age was used in the commission of or attempt to commit a |
| 14 | | forcible felony, shall be fined or imprisoned, or both, not |
| 15 | | to exceed the maximum provided for the most serious |
| 16 | | forcible felony so committed or attempted by the person |
| 17 | | under 18 years of age who was sold or given the firearm. |
| 18 | | (9) Any person convicted of unlawful sale or delivery |
| 19 | | of firearms in violation of
paragraph (d) of subsection (A) |
| 20 | | commits a Class 3 felony. |
| 21 | | (10) Any person convicted of unlawful sale or delivery |
| 22 | | of firearms in violation of paragraph (l) of subsection (A) |
| 23 | | commits a Class 2 felony if the delivery is of one firearm. |
| 24 | | Any person convicted of unlawful sale or delivery of |
| 25 | | firearms in violation of paragraph (l) of subsection (A) |
| 26 | | commits a Class 1 felony if the delivery is of not less |
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| 1 | | than 2 and not more than 5 firearms at the
same time or |
| 2 | | within a one year period. Any person convicted of unlawful |
| 3 | | sale or delivery of firearms in violation of paragraph (l) |
| 4 | | of subsection (A) commits a Class X felony for which he or |
| 5 | | she shall be sentenced
to a term of imprisonment of not |
| 6 | | less than 6 years and not more than 30
years if the |
| 7 | | delivery is of not less than 6 and not more than 10 |
| 8 | | firearms at the
same time or within a 2 year period. Any |
| 9 | | person convicted of unlawful sale or delivery of firearms |
| 10 | | in violation of paragraph (l) of subsection (A) commits a |
| 11 | | Class X felony for which he or she shall be sentenced
to a |
| 12 | | term of imprisonment of not less than 6 years and not more |
| 13 | | than 40
years if the delivery is of not less than 11 and |
| 14 | | not more than 20 firearms at the
same time or within a 3 |
| 15 | | year period. Any person convicted of unlawful sale or |
| 16 | | delivery of firearms in violation of paragraph (l) of |
| 17 | | subsection (A) commits a Class X felony for which he or she |
| 18 | | shall be sentenced
to a term of imprisonment of not less |
| 19 | | than 6 years and not more than 50
years if the delivery is |
| 20 | | of not less than 21 and not more than 30 firearms at the
|
| 21 | | same time or within a 4 year period. Any person convicted |
| 22 | | of unlawful sale or delivery of firearms in violation of |
| 23 | | paragraph (l) of subsection (A) commits a Class X felony |
| 24 | | for which he or she shall be sentenced
to a term of |
| 25 | | imprisonment of not less than 6 years and not more than 60
|
| 26 | | years if the delivery is of 31 or more firearms at the
same |
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| 1 | | time or within a 5 year period. |
| 2 | | (D) For purposes of this Section:
|
| 3 | | "School" means a public or private elementary or secondary |
| 4 | | school,
community college, college, or university.
|
| 5 | | "School related activity" means any sporting, social, |
| 6 | | academic, or
other activity for which students' attendance or |
| 7 | | participation is sponsored,
organized, or funded in whole or in |
| 8 | | part by a school or school district.
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| 9 | | (E) A prosecution for a violation of paragraph (k) of |
| 10 | | subsection (A) of this Section may be commenced within 6 years |
| 11 | | after the commission of the offense. A prosecution for a |
| 12 | | violation of this Section other than paragraph (g) of |
| 13 | | subsection (A) of this Section may be commenced within 5 years |
| 14 | | after the commission of the offense defined in the particular |
| 15 | | paragraph.
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| 16 | | (Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; |
| 17 | | 99-642, eff. 7-28-16; 100-606, eff. 1-1-19.)
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| 18 | | Section 95. No acceleration or delay. Where this Act makes |
| 19 | | changes in a statute that is represented in this Act by text |
| 20 | | that is not yet or no longer in effect (for example, a Section |
| 21 | | represented by multiple versions), the use of that text does |
| 22 | | not accelerate or delay the taking effect of (i) the changes |
| 23 | | made by this Act or (ii) provisions derived from any other |
| 24 | | Public Act.
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| 25 | | Section 99. Effective date. This Act takes effect upon |