Bill Text: IL HB5234 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Enhances various penalties for firearm offenses by at least one class. Increases mandatory minimum and maximum terms of imprisonment for various firearm offenses.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-02-18 - Referred to Rules Committee [HB5234 Detail]

Download: Illinois-2019-HB5234-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5234 Introduced , by Rep. Grant Wehrli SYNOPSIS AS INTRODUCED:
720 ILCS 5/24-1 from Ch. 38, par. 24-1
720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1
720 ILCS 5/24-1.2 from Ch. 38, par. 24-1.2
720 ILCS 5/24-1.2-5
720 ILCS 5/24-1.5
720 ILCS 5/24-1.6
720 ILCS 5/24-1.8
720 ILCS 5/24-3 from Ch. 38, par. 24-3
720 ILCS 5/24-3.1 from Ch. 38, par. 24-3.1
720 ILCS 5/24-3.3 from Ch. 38, par. 24-3.3
720 ILCS 5/24-3.5
720 ILCS 5/24-3.7
720 ILCS 5/24-3.8
720 ILCS 5/24-3.9
720 ILCS 5/24-3A
720 ILCS 5/24-3B
720 ILCS 5/24-4.1
720 ILCS 5/24-5 from Ch. 38, par. 24-5
720 ILCS 5/24-9
Amends the Criminal Code of 2012. Enhances various penalties for firearm offenses by at least one class. Increases mandatory minimum and maximum terms of imprisonment for various firearm offenses.
LRB101 17709 RLC 67136 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
HB5234 LRB101 17709 RLC 67136 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by changing
Sections 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.5, 24-1.6,
24-1.8, 24-3, 24-3.1, 24-3.3, 24-3.5, 24-3.7, 24-3.8, 24-3.9,
24-3A, 24-3B, 24-4.1, 24-5, and 24-9 as follows:
(720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
Sec. 24-1. Unlawful use of weapons.
(a) A person commits the offense of unlawful use of weapons
when he knowingly:
(1) Sells, manufactures, purchases, possesses or
carries any bludgeon, black-jack, slung-shot, sand-club,
sand-bag, metal knuckles or other knuckle weapon
regardless of its composition, throwing star, or any knife,
commonly referred to as a switchblade knife, which has a
blade that opens automatically by hand pressure applied to
a button, spring or other device in the handle of the
knife, or a ballistic knife, which is a device that propels
a knifelike blade as a projectile by means of a coil
spring, elastic material or compressed gas; or
(2) Carries or possesses with intent to use the same
unlawfully against another, a dagger, dirk, billy,

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dangerous knife, razor, stiletto, broken bottle or other
piece of glass, stun gun or taser or any other dangerous or
deadly weapon or instrument of like character; or
(2.5) Carries or possesses with intent to use the same
unlawfully against another, any firearm in a church,
synagogue, mosque, or other building, structure, or place
used for religious worship; or
(3) Carries on or about his person or in any vehicle, a
tear gas gun projector or bomb or any object containing
noxious liquid gas or substance, other than an object
containing a non-lethal noxious liquid gas or substance
designed solely for personal defense carried by a person 18
years of age or older; or
(4) Carries or possesses in any vehicle or concealed on
or about his person except when on his land or in his own
abode, legal dwelling, or fixed place of business, or on
the land or in the legal dwelling of another person as an
invitee with that person's permission, any pistol,
revolver, stun gun or taser or other firearm, except that
this subsection (a) (4) does not apply to or affect
transportation of weapons that meet one of the following
conditions:
(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container by a

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person who has been issued a currently valid Firearm
Owner's Identification Card; or
(iv) are carried or possessed in accordance with
the Firearm Concealed Carry Act by a person who has
been issued a currently valid license under the Firearm
Concealed Carry Act; or
(5) Sets a spring gun; or
(6) Possesses any device or attachment of any kind
designed, used or intended for use in silencing the report
of any firearm; or
(7) Sells, manufactures, purchases, possesses or
carries:
(i) a machine gun, which shall be defined for the
purposes of this subsection as any weapon, which
shoots, is designed to shoot, or can be readily
restored to shoot, automatically more than one shot
without manually reloading by a single function of the
trigger, including the frame or receiver of any such
weapon, or sells, manufactures, purchases, possesses,
or carries any combination of parts designed or
intended for use in converting any weapon into a
machine gun, or any combination or parts from which a
machine gun can be assembled if such parts are in the
possession or under the control of a person;
(ii) any rifle having one or more barrels less than
16 inches in length or a shotgun having one or more

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barrels less than 18 inches in length or any weapon
made from a rifle or shotgun, whether by alteration,
modification, or otherwise, if such a weapon as
modified has an overall length of less than 26 inches;
or
(iii) any bomb, bomb-shell, grenade, bottle or
other container containing an explosive substance of
over one-quarter ounce for like purposes, such as, but
not limited to, black powder bombs and Molotov
cocktails or artillery projectiles; or
(8) Carries or possesses any firearm, stun gun or taser
or other deadly weapon in any place which is licensed to
sell intoxicating beverages, or at any public gathering
held pursuant to a license issued by any governmental body
or any public gathering at which an admission is charged,
excluding a place where a showing, demonstration or lecture
involving the exhibition of unloaded firearms is
conducted.
This subsection (a)(8) does not apply to any auction or
raffle of a firearm held pursuant to a license or permit
issued by a governmental body, nor does it apply to persons
engaged in firearm safety training courses; or
(9) Carries or possesses in a vehicle or on or about
his or her person any pistol, revolver, stun gun or taser
or firearm or ballistic knife, when he or she is hooded,
robed or masked in such manner as to conceal his or her

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identity; or
(10) Carries or possesses on or about his or her
person, upon any public street, alley, or other public
lands within the corporate limits of a city, village, or
incorporated town, except when an invitee thereon or
therein, for the purpose of the display of such weapon or
the lawful commerce in weapons, or except when on his land
or in his or her own abode, legal dwelling, or fixed place
of business, or on the land or in the legal dwelling of
another person as an invitee with that person's permission,
any pistol, revolver, stun gun, or taser or other firearm,
except that this subsection (a) (10) does not apply to or
affect transportation of weapons that meet one of the
following conditions:
(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container by a
person who has been issued a currently valid Firearm
Owner's Identification Card; or
(iv) are carried or possessed in accordance with
the Firearm Concealed Carry Act by a person who has
been issued a currently valid license under the Firearm
Concealed Carry Act.
A "stun gun or taser", as used in this paragraph (a)
means (i) any device which is powered by electrical

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charging units, such as, batteries, and which fires one or
several barbs attached to a length of wire and which, upon
hitting a human, can send out a current capable of
disrupting the person's nervous system in such a manner as
to render him incapable of normal functioning or (ii) any
device which is powered by electrical charging units, such
as batteries, and which, upon contact with a human or
clothing worn by a human, can send out current capable of
disrupting the person's nervous system in such a manner as
to render him incapable of normal functioning; or
(11) Sells, manufactures, or purchases any explosive
bullet. For purposes of this paragraph (a) "explosive
bullet" means the projectile portion of an ammunition
cartridge which contains or carries an explosive charge
which will explode upon contact with the flesh of a human
or an animal. "Cartridge" means a tubular metal case having
a projectile affixed at the front thereof and a cap or
primer at the rear end thereof, with the propellant
contained in such tube between the projectile and the cap;
or
(12) (Blank); or
(13) Carries or possesses on or about his or her person
while in a building occupied by a unit of government, a
billy club, other weapon of like character, or other
instrument of like character intended for use as a weapon.
For the purposes of this Section, "billy club" means a

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short stick or club commonly carried by police officers
which is either telescopic or constructed of a solid piece
of wood or other man-made material.
(b) Sentence. A person convicted of a violation of
subsection 24-1(a)(1) through 24-1(a)(3) and 24-1(a)(5),
subsection 24-1(a)(10), subsection 24-1(a)(11), or subsection
24-1(a)(13) commits a Class A misdemeanor. A person convicted
of a violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a person convicted of a violation of subsection
24-1(a)(6) or 24-1(a)(7)(ii) or (iii) commits a Class 3 felony.
A person convicted of a violation of subsection 24-1(a)(8)
commits a Class 3 felony. A person convicted of a second or
subsequent violation of subsection 24-1(a)(8) commits a Class 2
felony. A person convicted of a violation of subsection
24-1(a)(7)(i) commits a Class 1 2 felony and shall be sentenced
to a term of imprisonment of not less than 4 3 years and not
more than 15 7 years, unless the weapon is possessed in the
passenger compartment of a motor vehicle as defined in Section
1-146 of the Illinois Vehicle Code, or on the person, while the
weapon is loaded, in which case it shall be a Class X felony
and the person shall be sentenced to a term of imprisonment of
not less than 6 years and not more than 40 years. A person
convicted of a second or subsequent violation of subsection
24-1(a)(4), 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a
Class 3 felony. A person convicted of a violation of subsection
24-1(a)(4) commits a Class 4 felony. A person convicted of a

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second or subsequent violation of subsection 24-1(a)(4)
commits a Class 2 felony. A person convicted of a violation of
subsection 24-1(a)(7)(ii) commits a Class 2 felony. A person
convicted of a violation of subsection 24-1(a)(2.5) commits a
Class 1 2 felony. The possession of each weapon in violation
of this Section constitutes a single and separate violation.
(c) Violations in specific places.
(1) A person who violates subsection 24-1(a)(6) or
24-1(a)(7)(iii) in any school, regardless of the time of
day or the time of year, in residential property owned,
operated or managed by a public housing agency or leased by
a public housing agency as part of a scattered site or
mixed-income development, in a public park, in a
courthouse, on the real property comprising any school,
regardless of the time of day or the time of year, on
residential property owned, operated or managed by a public
housing agency or leased by a public housing agency as part
of a scattered site or mixed-income development, on the
real property comprising any public park, on the real
property comprising any courthouse, in any conveyance
owned, leased or contracted by a school to transport
students to or from school or a school related activity, in
any conveyance owned, leased, or contracted by a public
transportation agency, or on any public way within 1,000
feet of the real property comprising any school, public
park, courthouse, public transportation facility, or

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residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development
commits a Class 2 felony and shall be sentenced to a term
of imprisonment of not less than 3 years and not more than
7 years.
(1.5) A person who violates subsection 24-1(a)(4) or ,
24-1(a)(9), or 24-1(a)(10) in any school, regardless of the
time of day or the time of year, in residential property
owned, operated, or managed by a public housing agency or
leased by a public housing agency as part of a scattered
site or mixed-income development, in a public park, in a
courthouse, on the real property comprising any school,
regardless of the time of day or the time of year, on
residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development, on
the real property comprising any public park, on the real
property comprising any courthouse, in any conveyance
owned, leased, or contracted by a school to transport
students to or from school or a school related activity, in
any conveyance owned, leased, or contracted by a public
transportation agency, or on any public way within 1,000
feet of the real property comprising any school, public
park, courthouse, public transportation facility, or
residential property owned, operated, or managed by a

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public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development
commits a Class 3 felony.
(1.6) A person who violates subsection 24-1(a)(10) in
any school, regardless of the time of day or the time of
year, in residential property owned, operated, or managed
by a public housing agency or leased by a public housing
agency as part of a scattered site or mixed-income
development, in a public park, in a courthouse, on the real
property comprising any school, regardless of the time of
day or the time of year, on residential property owned,
operated, or managed by a public housing agency or leased
by a public housing agency as part of a scattered site or
mixed-income development, on the real property comprising
any public park, on the real property comprising any
courthouse, in any conveyance owned, leased, or contracted
by a school to transport students to or from school or a
school related activity, in any conveyance owned, leased,
or contracted by a public transportation agency, or on any
public way within 1,000 feet of the real property
comprising any school, public park, courthouse, public
transportation facility, or residential property owned,
operated, or managed by a public housing agency or leased
by a public housing agency as part of a scattered site or
mixed-income development commits a Class 2 felony.
(2) A person who violates subsection 24-1(a)(1),

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24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
time of day or the time of year, in residential property
owned, operated or managed by a public housing agency or
leased by a public housing agency as part of a scattered
site or mixed-income development, in a public park, in a
courthouse, on the real property comprising any school,
regardless of the time of day or the time of year, on
residential property owned, operated or managed by a public
housing agency or leased by a public housing agency as part
of a scattered site or mixed-income development, on the
real property comprising any public park, on the real
property comprising any courthouse, in any conveyance
owned, leased or contracted by a school to transport
students to or from school or a school related activity, in
any conveyance owned, leased, or contracted by a public
transportation agency, or on any public way within 1,000
feet of the real property comprising any school, public
park, courthouse, public transportation facility, or
residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development
commits a Class 4 felony. "Courthouse" means any building
that is used by the Circuit, Appellate, or Supreme Court of
this State for the conduct of official business.
(3) Paragraphs (1), (1.5), and (2) of this subsection
(c) shall not apply to law enforcement officers or security

HB5234 - 12 - LRB101 17709 RLC 67136 b
officers of such school, college, or university or to
students carrying or possessing firearms for use in
training courses, parades, hunting, target shooting on
school ranges, or otherwise with the consent of school
authorities and which firearms are transported unloaded
enclosed in a suitable case, box, or transportation
package.
(4) For the purposes of this subsection (c), "school"
means any public or private elementary or secondary school,
community college, college, or university.
(5) For the purposes of this subsection (c), "public
transportation agency" means a public or private agency
that provides for the transportation or conveyance of
persons by means available to the general public, except
for transportation by automobiles not used for conveyance
of the general public as passengers; and "public
transportation facility" means a terminal or other place
where one may obtain public transportation.
(d) The presence in an automobile other than a public
omnibus of any weapon, instrument or substance referred to in
subsection (a)(7) is prima facie evidence that it is in the
possession of, and is being carried by, all persons occupying
such automobile at the time such weapon, instrument or
substance is found, except under the following circumstances:
(i) if such weapon, instrument or instrumentality is found upon
the person of one of the occupants therein; or (ii) if such

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weapon, instrument or substance is found in an automobile
operated for hire by a duly licensed driver in the due, lawful
and proper pursuit of his or her trade, then such presumption
shall not apply to the driver.
(e) Exemptions.
(1) Crossbows, Common or Compound bows and Underwater
Spearguns are exempted from the definition of ballistic
knife as defined in paragraph (1) of subsection (a) of this
Section.
(2) The provision of paragraph (1) of subsection (a) of
this Section prohibiting the sale, manufacture, purchase,
possession, or carrying of any knife, commonly referred to
as a switchblade knife, which has a blade that opens
automatically by hand pressure applied to a button, spring
or other device in the handle of the knife, does not apply
to a person who possesses a currently valid Firearm Owner's
Identification Card previously issued in his or her name by
the Department of State Police or to a person or an entity
engaged in the business of selling or manufacturing
switchblade knives.
(Source: P.A. 100-82, eff. 8-11-17; 101-223, eff. 1-1-20.)
(720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
Sec. 24-1.1. Unlawful use or possession of weapons by
felons or persons in the custody of the Department of
Corrections facilities.

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(a) It is unlawful for a person to knowingly possess on or
about his person or on his land or in his own abode or fixed
place of business any weapon prohibited under Section 24-1 of
this Act or any firearm or any firearm ammunition if the person
has been convicted of a felony under the laws of this State or
any other jurisdiction. This Section shall not apply if the
person has been granted relief by the Director of the
Department of State Police under Section 10 of the Firearm
Owners Identification Card Act.
(b) It is unlawful for any person confined in a penal
institution, which is a facility of the Illinois Department of
Corrections, to possess any weapon prohibited under Section
24-1 of this Code or any firearm or firearm ammunition,
regardless of the intent with which he possesses it.
(c) It shall be an affirmative defense to a violation of
subsection (b), that such possession was specifically
authorized by rule, regulation, or directive of the Illinois
Department of Corrections or order issued pursuant thereto.
(d) The defense of necessity is not available to a person
who is charged with a violation of subsection (b) of this
Section.
(e) Sentence. Violation of this Section by a person not
confined in a penal institution shall be a Class 2 3 felony for
which the person shall be sentenced to no less than 3 2 years
and no more than 10 years. A second or subsequent violation of
this Section shall be a Class 1 2 felony for which the person

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shall be sentenced to a term of imprisonment of not less than 4
3 years and not more than 30 14 years, except as provided for
in Section 5-4.5-110 of the Unified Code of Corrections.
Violation of this Section by a person not confined in a penal
institution who has been convicted of a forcible felony, a
felony violation of Article 24 of this Code or of the Firearm
Owners Identification Card Act, stalking or aggravated
stalking, or a Class 2 or greater felony under the Illinois
Controlled Substances Act, the Cannabis Control Act, or the
Methamphetamine Control and Community Protection Act is a Class
1 2 felony for which the person shall be sentenced to not less
than 4 3 years and not more than 30 14 years, except as
provided for in Section 5-4.5-110 of the Unified Code of
Corrections. Violation of this Section by a person who is on
parole or mandatory supervised release is a Class 1 2 felony
for which the person shall be sentenced to not less than 4 3
years and not more than 30 14 years, except as provided for in
Section 5-4.5-110 of the Unified Code of Corrections. Violation
of this Section by a person not confined in a penal institution
is a Class X felony for which the person shall be sentenced to
not less than 6 years and not more than 40 years when the
firearm possessed is a machine gun. Any person who violates
this Section while confined in a penal institution, which is a
facility of the Illinois Department of Corrections, is guilty
of a Class X 1 felony for which the person shall be sentenced
to not less than 6 years and not more than 40 years, if he

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possesses any weapon prohibited under Section 24-1 of this Code
regardless of the intent with which he possesses it, a Class X
felony if he possesses any firearm, firearm ammunition or
explosive, and a Class X felony for which the offender shall be
sentenced to not less than 14 12 years and not more than 60 50
years when the firearm possessed is a machine gun. A violation
of this Section while wearing or in possession of body armor as
defined in Section 33F-1 is a Class X felony punishable by a
term of imprisonment of not less than 14 10 years and up to
natural life imprisonment not more than 40 years. The
possession of each firearm or firearm ammunition in violation
of this Section constitutes a single and separate violation.
(Source: P.A. 100-3, eff. 1-1-18.)
(720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
Sec. 24-1.2. Aggravated discharge of a firearm.
(a) A person commits aggravated discharge of a firearm when
he or she knowingly or intentionally:
(1) Discharges a firearm at or into a building he or
she knows or reasonably should know to be occupied and the
firearm is discharged from a place or position outside that
building;
(2) Discharges a firearm in the direction of another
person or in the direction of a vehicle he or she knows or
reasonably should know to be occupied by a person;
(3) Discharges a firearm in the direction of a person

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he or she knows to be a peace officer, a community policing
volunteer, a correctional institution employee, or a
fireman while the officer, volunteer, employee or fireman
is engaged in the execution of any of his or her official
duties, or to prevent the officer, volunteer, employee or
fireman from performing his or her official duties, or in
retaliation for the officer, volunteer, employee or
fireman performing his or her official duties;
(4) Discharges a firearm in the direction of a vehicle
he or she knows to be occupied by a peace officer, a person
summoned or directed by a peace officer, a correctional
institution employee or a fireman while the officer,
employee or fireman is engaged in the execution of any of
his or her official duties, or to prevent the officer,
employee or fireman from performing his or her official
duties, or in retaliation for the officer, employee or
fireman performing his or her official duties;
(5) Discharges a firearm in the direction of a person
he or she knows to be emergency medical services personnel
who is engaged in the execution of any of his or her
official duties, or to prevent the emergency medical
services personnel from performing his or her official
duties, or in retaliation for the emergency medical
services personnel performing his or her official duties;
(6) Discharges a firearm in the direction of a vehicle
he or she knows to be occupied by emergency medical

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services personnel while the emergency medical services
personnel is engaged in the execution of any of his or her
official duties, or to prevent the emergency medical
services personnel from performing his or her official
duties, or in retaliation for the emergency medical
services personnel performing his or her official duties;
(7) Discharges a firearm in the direction of a person
he or she knows to be a teacher or other person employed in
any school and the teacher or other employee is upon the
grounds of a school or grounds adjacent to a school, or is
in any part of a building used for school purposes;
(8) Discharges a firearm in the direction of a person
he or she knows to be an emergency management worker while
the emergency management worker is engaged in the execution
of any of his or her official duties, or to prevent the
emergency management worker from performing his or her
official duties, or in retaliation for the emergency
management worker performing his or her official duties; or
(9) Discharges a firearm in the direction of a vehicle
he or she knows to be occupied by an emergency management
worker while the emergency management worker is engaged in
the execution of any of his or her official duties, or to
prevent the emergency management worker from performing
his or her official duties, or in retaliation for the
emergency management worker performing his or her official
duties.

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(b) A violation of subsection (a)(1) or subsection (a)(2)
of this Section is a Class X 1 felony. A violation of
subsection (a)(1) or (a)(2) of this Section committed in a
school, on the real property comprising a school, within 1,000
feet of the real property comprising a school, at a school
related activity or on or within 1,000 feet of any conveyance
owned, leased, or contracted by a school to transport students
to or from school or a school related activity, regardless of
the time of day or time of year that the offense was committed
is a Class X felony for which the person shall be sentenced to
not less than 6 years and not more than 40 years. A violation
of subsection (a)(3), (a)(4), (a)(5), (a)(6), (a)(7), (a)(8),
or (a)(9) of this Section is a Class X felony for which the
sentence shall be a term of imprisonment of no less than 12 10
years and not more than 60 45 years.
(c) For purposes of this Section:
"Emergency medical services personnel" has the meaning
specified in Section 3.5 of the Emergency Medical Services
(EMS) Systems Act and shall include all ambulance crew members,
including drivers or pilots.
"School" means a public or private elementary or secondary
school, community college, college, or university.
"School related activity" means any sporting, social,
academic, or other activity for which students' attendance or
participation is sponsored, organized, or funded in whole or in
part by a school or school district.

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(Source: P.A. 99-816, eff. 8-15-16.)
(720 ILCS 5/24-1.2-5)
Sec. 24-1.2-5. Aggravated discharge of a machine gun or a
firearm equipped with a device designed or used for silencing
the report of a firearm.
(a) A person commits aggravated discharge of a machine gun
or a firearm equipped with a device designed or used for
silencing the report of a firearm when he or she knowingly or
intentionally:
(1) Discharges a machine gun or a firearm equipped with
a device designed or used for silencing the report of a
firearm at or into a building he or she knows to be
occupied and the machine gun or the firearm equipped with a
device designed or used for silencing the report of a
firearm is discharged from a place or position outside that
building;
(2) Discharges a machine gun or a firearm equipped with
a device designed or used for silencing the report of a
firearm in the direction of another person or in the
direction of a vehicle he or she knows to be occupied;
(3) Discharges a machine gun or a firearm equipped with
a device designed or used for silencing the report of a
firearm in the direction of a person he or she knows to be
a peace officer, a person summoned or directed by a peace
officer, a correctional institution employee, or a fireman

HB5234 - 21 - LRB101 17709 RLC 67136 b
while the officer, employee or fireman is engaged in the
execution of any of his or her official duties, or to
prevent the officer, employee or fireman from performing
his or her official duties, or in retaliation for the
officer, employee or fireman performing his or her official
duties;
(4) Discharges a machine gun or a firearm equipped with
a device designed or used for silencing the report of a
firearm in the direction of a vehicle he or she knows to be
occupied by a peace officer, a person summoned or directed
by a peace officer, a correctional institution employee or
a fireman while the officer, employee or fireman is engaged
in the execution of any of his or her official duties, or
to prevent the officer, employee or fireman from performing
his or her official duties, or in retaliation for the
officer, employee or fireman performing his or her official
duties;
(5) Discharges a machine gun or a firearm equipped with
a device designed or used for silencing the report of a
firearm in the direction of a person he or she knows to be
emergency medical services personnel while the emergency
medical services personnel is engaged in the execution of
any of his or her official duties, or to prevent the
emergency medical services personnel from performing his
or her official duties, or in retaliation for the emergency
medical services personnel performing his or her official

HB5234 - 22 - LRB101 17709 RLC 67136 b
duties;
(6) Discharges a machine gun or a firearm equipped with
a device designed or used for silencing the report of a
firearm in the direction of a vehicle he or she knows to be
occupied by emergency medical services personnel, while
the emergency medical services personnel is engaged in the
execution of any of his or her official duties, or to
prevent the emergency medical services personnel from
performing his or her official duties, or in retaliation
for the emergency medical services personnel performing
his or her official duties;
(7) Discharges a machine gun or a firearm equipped with
a device designed or used for silencing the report of a
firearm in the direction of a person he or she knows to be
an emergency management worker while the emergency
management worker is engaged in the execution of any of his
or her official duties, or to prevent the emergency
management worker from performing his or her official
duties, or in retaliation for the emergency management
worker performing his or her official duties; or
(8) Discharges a machine gun or a firearm equipped with
a device designed or used for silencing the report of a
firearm in the direction of a vehicle he or she knows to be
occupied by an emergency management worker while the
emergency management worker is engaged in the execution of
any of his or her official duties, or to prevent the

HB5234 - 23 - LRB101 17709 RLC 67136 b
emergency management worker from performing his or her
official duties, or in retaliation for the emergency
management worker performing his or her official duties.
(b) A violation of subsection (a) (1) or subsection (a) (2)
of this Section is a Class X felony. A violation of subsection
(a) (3), (a) (4), (a) (5), (a) (6), (a) (7), or (a) (8) of this
Section is a Class X felony for which the sentence shall be a
term of imprisonment of no less than 14 12 years and no more
than 60 50 years. A violation of subsection (a)(1) or
subsection (a)(2) of this Section committed on school grounds
is is a Class X felony for which the sentence shall be a term of
imprisonment of no less than 6 years and no more than 40 years.
(c) For the purpose of this Section:
"Emergency medical services personnel" has the meaning
specified in Section 3.5 of the Emergency Medical Services
(EMS) Systems Act and shall include all ambulance crew
members, including drivers or pilots.
"Machine gun" has the meaning ascribed to it in clause
(i) of paragraph (7) of subsection (a) of Section 24-1 of
this Code.
(d) This Section does not apply to a peace officer while
serving as a member of a tactical response team or special
operations team. A peace officer may not personally own or
apply for ownership of a device or attachment of any kind
designed, used, or intended for use in silencing the report of
any firearm. These devices shall be owned and maintained by

HB5234 - 24 - LRB101 17709 RLC 67136 b
lawfully recognized units of government whose duties include
the investigation of criminal acts.
(Source: P.A. 99-816, eff. 8-15-16.)
(720 ILCS 5/24-1.5)
Sec. 24-1.5. Reckless discharge of a firearm.
(a) A person commits reckless discharge of a firearm by
discharging a firearm in a reckless manner which endangers the
bodily safety of an individual.
(b) If the conduct described in subsection (a) is committed
by a passenger of a moving motor vehicle with the knowledge and
consent of the driver of the motor vehicle the driver is
accountable for such conduct.
(c) Reckless discharge of a firearm is a Class 3 4 felony.
(d) This Section does not apply to a peace officer while in
the performance of his or her official duties.
(Source: P.A. 88-217.)
(720 ILCS 5/24-1.6)
Sec. 24-1.6. Aggravated unlawful use of a weapon.
(a) A person commits the offense of aggravated unlawful use
of a weapon when he or she knowingly:
(1) Carries on or about his or her person or in any
vehicle or concealed on or about his or her person except
when on his or her land or in his or her abode, legal
dwelling, or fixed place of business, or on the land or in

HB5234 - 25 - LRB101 17709 RLC 67136 b
the legal dwelling of another person as an invitee with
that person's permission, any pistol, revolver, stun gun or
taser or other firearm; or
(2) Carries or possesses on or about his or her person,
upon any public street, alley, or other public lands within
the corporate limits of a city, village or incorporated
town, except when an invitee thereon or therein, for the
purpose of the display of such weapon or the lawful
commerce in weapons, or except when on his or her own land
or in his or her own abode, legal dwelling, or fixed place
of business, or on the land or in the legal dwelling of
another person as an invitee with that person's permission,
any pistol, revolver, stun gun or taser or other firearm;
and
(3) One of the following factors is present:
(A) the firearm, other than a pistol, revolver, or
handgun, possessed was uncased, loaded, and
immediately accessible at the time of the offense; or
(A-5) the pistol, revolver, or handgun possessed
was uncased, loaded, and immediately accessible at the
time of the offense and the person possessing the
pistol, revolver, or handgun has not been issued a
currently valid license under the Firearm Concealed
Carry Act; or
(B) the firearm, other than a pistol, revolver, or
handgun, possessed was uncased, unloaded, and the

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ammunition for the weapon was immediately accessible
at the time of the offense; or
(B-5) the pistol, revolver, or handgun possessed
was uncased, unloaded, and the ammunition for the
weapon was immediately accessible at the time of the
offense and the person possessing the pistol,
revolver, or handgun has not been issued a currently
valid license under the Firearm Concealed Carry Act; or
(C) the person possessing the firearm has not been
issued a currently valid Firearm Owner's
Identification Card; or
(D) the person possessing the weapon was
previously adjudicated a delinquent minor under the
Juvenile Court Act of 1987 for an act that if committed
by an adult would be a felony; or
(E) the person possessing the weapon was engaged in
a misdemeanor violation of the Cannabis Control Act, in
a misdemeanor violation of the Illinois Controlled
Substances Act, or in a misdemeanor violation of the
Methamphetamine Control and Community Protection Act;
or
(F) (blank); or
(G) the person possessing the weapon had an order
of protection issued against him or her within the
previous 2 years; or
(H) the person possessing the weapon was engaged in

HB5234 - 27 - LRB101 17709 RLC 67136 b
the commission or attempted commission of a
misdemeanor involving the use or threat of violence
against the person or property of another; or
(I) the person possessing the weapon was under 21
years of age and in possession of a handgun, unless the
person under 21 is engaged in lawful activities under
the Wildlife Code or described in subsection
24-2(b)(1), (b)(3), or 24-2(f).
(a-5) "Handgun" as used in this Section has the meaning
given to it in Section 5 of the Firearm Concealed Carry Act.
(b) "Stun gun or taser" as used in this Section has the
same definition given to it in Section 24-1 of this Code.
(c) This Section does not apply to or affect the
transportation or possession of weapons that:
(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container by a person
who has been issued a currently valid Firearm Owner's
Identification Card.
(d) Sentence.
(1) Aggravated unlawful use of a weapon is a Class 3 4
felony; a second or subsequent offense is a Class 1 2
felony for which the person shall be sentenced to a term of
imprisonment of not less than 4 3 years and not more than
15 7 years, except as provided for in Section 5-4.5-110 of

HB5234 - 28 - LRB101 17709 RLC 67136 b
the Unified Code of Corrections.
(2) Except as otherwise provided in paragraphs (3) and
(4) of this subsection (d), a first offense of aggravated
unlawful use of a weapon committed with a firearm by a
person 18 years of age or older where the factors listed in
both items (A) and (C) or both items (A-5) and (C) of
paragraph (3) of subsection (a) are present is a Class 3 4
felony, for which the person shall be sentenced to a term
of imprisonment of not less than 2 years one year and not
more than 5 3 years.
(3) Aggravated unlawful use of a weapon by a person who
has been previously convicted of a felony in this State or
another jurisdiction is a Class 1 2 felony for which the
person shall be sentenced to a term of imprisonment of not
less than 4 3 years and not more than 15 7 years, except as
provided for in Section 5-4.5-110 of the Unified Code of
Corrections.
(4) Aggravated unlawful use of a weapon while wearing
or in possession of body armor as defined in Section 33F-1
by a person who has not been issued a valid Firearms
Owner's Identification Card in accordance with Section 5 of
the Firearm Owners Identification Card Act is a Class X
felony, for which the person shall be sentenced to a term
of imprisonment of not less 6 years and not more than 40
years.
(e) The possession of each firearm in violation of this

HB5234 - 29 - LRB101 17709 RLC 67136 b
Section constitutes a single and separate violation.
(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)
(720 ILCS 5/24-1.8)
Sec. 24-1.8. Unlawful possession of a firearm by a street
gang member.
(a) A person commits unlawful possession of a firearm by a
street gang member when he or she knowingly:
(1) possesses, carries, or conceals on or about his or
her person a firearm and firearm ammunition while on any
street, road, alley, gangway, sidewalk, or any other lands,
except when inside his or her own abode or inside his or
her fixed place of business, and has not been issued a
currently valid Firearm Owner's Identification Card and is
a member of a street gang; or
(2) possesses or carries in any vehicle a firearm and
firearm ammunition which are both immediately accessible
at the time of the offense while on any street, road,
alley, or any other lands, except when inside his or her
own abode or garage, and has not been issued a currently
valid Firearm Owner's Identification Card and is a member
of a street gang.
(b) Unlawful possession of a firearm by a street gang
member is a Class 1 2 felony for which the person, if sentenced
to a term of imprisonment, shall be sentenced to no less than 4
3 years and no more than 30 10 years. A period of probation, a

HB5234 - 30 - LRB101 17709 RLC 67136 b
term of periodic imprisonment or conditional discharge shall
not be imposed for the offense of unlawful possession of a
firearm by a street gang member when the firearm was loaded or
contained firearm ammunition and the court shall sentence the
offender to not less than the minimum term of imprisonment
authorized for the Class 1 2 felony for which the person shall
be sentenced to no less than 4 years and no more than 30 years.
(c) For purposes of this Section:
"Street gang" or "gang" has the meaning ascribed to it
in Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
"Street gang member" or "gang member" has the meaning
ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
(Source: P.A. 96-829, eff. 12-3-09.)
(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
Sec. 24-3. Unlawful sale or delivery of firearms.
(A) A person commits the offense of unlawful sale or
delivery of firearms when he or she knowingly does any of the
following:
(a) Sells or gives any firearm of a size which may be
concealed upon the person to any person under 18 years of
age.
(b) Sells or gives any firearm to a person under 21
years of age who has been convicted of a misdemeanor other

HB5234 - 31 - LRB101 17709 RLC 67136 b
than a traffic offense or adjudged delinquent.
(c) Sells or gives any firearm to any narcotic addict.
(d) Sells or gives any firearm to any person who has
been convicted of a felony under the laws of this or any
other jurisdiction.
(e) Sells or gives any firearm to any person who has
been a patient in a mental institution within the past 5
years. In this subsection (e):
"Mental institution" means any hospital,
institution, clinic, evaluation facility, mental
health center, or part thereof, which is used primarily
for the care or treatment of persons with mental
illness.
"Patient in a mental institution" means the person
was admitted, either voluntarily or involuntarily, to
a mental institution for mental health treatment,
unless the treatment was voluntary and solely for an
alcohol abuse disorder and no other secondary
substance abuse disorder or mental illness.
(f) Sells or gives any firearms to any person who is a
person with an intellectual disability.
(g) Delivers any firearm, incidental to a sale, without
withholding delivery of the firearm for at least 72 hours
after application for its purchase has been made, or
delivers a stun gun or taser, incidental to a sale, without
withholding delivery of the stun gun or taser for at least

HB5234 - 32 - LRB101 17709 RLC 67136 b
24 hours after application for its purchase has been made.
However, this paragraph (g) does not apply to: (1) the sale
of a firearm to a law enforcement officer if the seller of
the firearm knows that the person to whom he or she is
selling the firearm is a law enforcement officer or the
sale of a firearm to a person who desires to purchase a
firearm for use in promoting the public interest incident
to his or her employment as a bank guard, armed truck
guard, or other similar employment; (2) a mail order sale
of a firearm from a federally licensed firearms dealer to a
nonresident of Illinois under which the firearm is mailed
to a federally licensed firearms dealer outside the
boundaries of Illinois; (3) (blank); (4) the sale of a
firearm to a dealer licensed as a federal firearms dealer
under Section 923 of the federal Gun Control Act of 1968
(18 U.S.C. 923); or (5) the transfer or sale of any rifle,
shotgun, or other long gun to a resident registered
competitor or attendee or non-resident registered
competitor or attendee by any dealer licensed as a federal
firearms dealer under Section 923 of the federal Gun
Control Act of 1968 at competitive shooting events held at
the World Shooting Complex sanctioned by a national
governing body. For purposes of transfers or sales under
subparagraph (5) of this paragraph (g), the Department of
Natural Resources shall give notice to the Department of
State Police at least 30 calendar days prior to any

HB5234 - 33 - LRB101 17709 RLC 67136 b
competitive shooting events at the World Shooting Complex
sanctioned by a national governing body. The notification
shall be made on a form prescribed by the Department of
State Police. The sanctioning body shall provide a list of
all registered competitors and attendees at least 24 hours
before the events to the Department of State Police. Any
changes to the list of registered competitors and attendees
shall be forwarded to the Department of State Police as
soon as practicable. The Department of State Police must
destroy the list of registered competitors and attendees no
later than 30 days after the date of the event. Nothing in
this paragraph (g) relieves a federally licensed firearm
dealer from the requirements of conducting a NICS
background check through the Illinois Point of Contact
under 18 U.S.C. 922(t). For purposes of this paragraph (g),
"application" means when the buyer and seller reach an
agreement to purchase a firearm. For purposes of this
paragraph (g), "national governing body" means a group of
persons who adopt rules and formulate policy on behalf of a
national firearm sporting organization.
(h) While holding any license as a dealer, importer,
manufacturer or pawnbroker under the federal Gun Control
Act of 1968, manufactures, sells or delivers to any
unlicensed person a handgun having a barrel, slide, frame
or receiver which is a die casting of zinc alloy or any
other nonhomogeneous metal which will melt or deform at a

HB5234 - 34 - LRB101 17709 RLC 67136 b
temperature of less than 800 degrees Fahrenheit. For
purposes of this paragraph, (1) "firearm" is defined as in
the Firearm Owners Identification Card Act; and (2)
"handgun" is defined as a firearm designed to be held and
fired by the use of a single hand, and includes a
combination of parts from which such a firearm can be
assembled.
(i) Sells or gives a firearm of any size to any person
under 18 years of age who does not possess a valid Firearm
Owner's Identification Card.
(j) Sells or gives a firearm while engaged in the
business of selling firearms at wholesale or retail without
being licensed as a federal firearms dealer under Section
923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
In this paragraph (j):
A person "engaged in the business" means a person who
devotes time, attention, and labor to engaging in the
activity as a regular course of trade or business with the
principal objective of livelihood and profit, but does not
include a person who makes occasional repairs of firearms
or who occasionally fits special barrels, stocks, or
trigger mechanisms to firearms.
"With the principal objective of livelihood and
profit" means that the intent underlying the sale or
disposition of firearms is predominantly one of obtaining
livelihood and pecuniary gain, as opposed to other intents,

HB5234 - 35 - LRB101 17709 RLC 67136 b
such as improving or liquidating a personal firearms
collection; however, proof of profit shall not be required
as to a person who engages in the regular and repetitive
purchase and disposition of firearms for criminal purposes
or terrorism.
(k) Sells or transfers ownership of a firearm to a
person who does not display to the seller or transferor of
the firearm either: (1) a currently valid Firearm Owner's
Identification Card that has previously been issued in the
transferee's name by the Department of State Police under
the provisions of the Firearm Owners Identification Card
Act; or (2) a currently valid license to carry a concealed
firearm that has previously been issued in the transferee's
name by the Department of State Police under the Firearm
Concealed Carry Act. This paragraph (k) does not apply to
the transfer of a firearm to a person who is exempt from
the requirement of possessing a Firearm Owner's
Identification Card under Section 2 of the Firearm Owners
Identification Card Act. For the purposes of this Section,
a currently valid Firearm Owner's Identification Card
means (i) a Firearm Owner's Identification Card that has
not expired or (ii) an approval number issued in accordance
with subsection (a-10) of subsection 3 or Section 3.1 of
the Firearm Owners Identification Card Act shall be proof
that the Firearm Owner's Identification Card was valid.
(1) In addition to the other requirements of this

HB5234 - 36 - LRB101 17709 RLC 67136 b
paragraph (k), all persons who are not federally
licensed firearms dealers must also have complied with
subsection (a-10) of Section 3 of the Firearm Owners
Identification Card Act by determining the validity of
a purchaser's Firearm Owner's Identification Card.
(2) All sellers or transferors who have complied
with the requirements of subparagraph (1) of this
paragraph (k) shall not be liable for damages in any
civil action arising from the use or misuse by the
transferee of the firearm transferred, except for
willful or wanton misconduct on the part of the seller
or transferor.
(l) Not being entitled to the possession of a firearm,
delivers the firearm, knowing it to have been stolen or
converted. It may be inferred that a person who possesses a
firearm with knowledge that its serial number has been
removed or altered has knowledge that the firearm is stolen
or converted.
(B) Paragraph (h) of subsection (A) does not include
firearms sold within 6 months after enactment of Public Act
78-355 (approved August 21, 1973, effective October 1, 1973),
nor is any firearm legally owned or possessed by any citizen or
purchased by any citizen within 6 months after the enactment of
Public Act 78-355 subject to confiscation or seizure under the
provisions of that Public Act. Nothing in Public Act 78-355
shall be construed to prohibit the gift or trade of any firearm

HB5234 - 37 - LRB101 17709 RLC 67136 b
if that firearm was legally held or acquired within 6 months
after the enactment of that Public Act.
(C) Sentence.
(1) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (c), (e), (f), (g),
or (h) of subsection (A) commits a Class 3 4 felony.
(2) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (b) or (i) of
subsection (A) commits a Class 2 3 felony.
(3) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (a) of subsection (A)
commits a Class 1 2 felony.
(4) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (a), (b), or (i) of
subsection (A) in any school, on the real property
comprising a school, within 1,000 feet of the real property
comprising a school, at a school related activity, or on or
within 1,000 feet of any conveyance owned, leased, or
contracted by a school or school district to transport
students to or from school or a school related activity,
regardless of the time of day or time of year at which the
offense was committed, commits a Class X 1 felony. Any
person convicted of a second or subsequent violation of
unlawful sale or delivery of firearms in violation of
paragraph (a), (b), or (i) of subsection (A) in any school,
on the real property comprising a school, within 1,000 feet

HB5234 - 38 - LRB101 17709 RLC 67136 b
of the real property comprising a school, at a school
related activity, or on or within 1,000 feet of any
conveyance owned, leased, or contracted by a school or
school district to transport students to or from school or
a school related activity, regardless of the time of day or
time of year at which the offense was committed, commits a
Class X 1 felony for which the sentence shall be a term of
imprisonment of no less than 6 5 years and no more than 30
15 years.
(5) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (a) or (i) of
subsection (A) in residential property owned, operated, or
managed by a public housing agency or leased by a public
housing agency as part of a scattered site or mixed-income
development, in a public park, in a courthouse, on
residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development, on
the real property comprising any public park, on the real
property comprising any courthouse, or on any public way
within 1,000 feet of the real property comprising any
public park, courthouse, or residential property owned,
operated, or managed by a public housing agency or leased
by a public housing agency as part of a scattered site or
mixed-income development commits a Class 1 2 felony.
(6) Any person convicted of unlawful sale or delivery

HB5234 - 39 - LRB101 17709 RLC 67136 b
of firearms in violation of paragraph (j) of subsection (A)
commits a Class 4 felony A misdemeanor. A second or
subsequent violation is a Class 3 4 felony.
(7) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (k) of subsection (A)
commits a Class 3 4 felony, except that a violation of
subparagraph (1) of paragraph (k) of subsection (A) shall
not be punishable as a crime or petty offense. A third or
subsequent conviction for a violation of paragraph (k) of
subsection (A) is a Class X 1 felony.
(8) A person 18 years of age or older convicted of
unlawful sale or delivery of firearms in violation of
paragraph (a) or (i) of subsection (A), when the firearm
that was sold or given to another person under 18 years of
age was used in the commission of or attempt to commit a
forcible felony, shall be fined or imprisoned, or both, not
to exceed the maximum provided for the most serious
forcible felony so committed or attempted by the person
under 18 years of age who was sold or given the firearm.
(9) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (d) of subsection (A)
commits a Class 2 3 felony.
(10) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (l) of subsection (A)
commits a Class 1 2 felony if the delivery is of one
firearm. Any person convicted of unlawful sale or delivery

HB5234 - 40 - LRB101 17709 RLC 67136 b
of firearms in violation of paragraph (l) of subsection (A)
commits a Class X 1 felony if the delivery is of not less
than 2 and not more than 5 firearms at the same time or
within a one year period. Any person convicted of unlawful
sale or delivery of firearms in violation of paragraph (l)
of subsection (A) commits a Class X felony for which he or
she shall be sentenced to a term of imprisonment of not
less than 6 years and not more than 30 years if the
delivery is of not less than 6 and not more than 10
firearms at the same time or within a 2 year period. Any
person convicted of unlawful sale or delivery of firearms
in violation of paragraph (l) of subsection (A) commits a
Class X felony for which he or she shall be sentenced to a
term of imprisonment of not less than 6 years and not more
than 40 years if the delivery is of not less than 11 and
not more than 20 firearms at the same time or within a 3
year period. Any person convicted of unlawful sale or
delivery of firearms in violation of paragraph (l) of
subsection (A) commits a Class X felony for which he or she
shall be sentenced to a term of imprisonment of not less
than 6 years and not more than 50 years if the delivery is
of not less than 21 and not more than 30 firearms at the
same time or within a 4 year period. Any person convicted
of unlawful sale or delivery of firearms in violation of
paragraph (l) of subsection (A) commits a Class X felony
for which he or she shall be sentenced to a term of

HB5234 - 41 - LRB101 17709 RLC 67136 b
imprisonment of not less than 6 years and not more than 60
years if the delivery is of 31 or more firearms at the same
time or within a 5 year period.
(D) For purposes of this Section:
"School" means a public or private elementary or secondary
school, community college, college, or university.
"School related activity" means any sporting, social,
academic, or other activity for which students' attendance or
participation is sponsored, organized, or funded in whole or in
part by a school or school district.
(E) A prosecution for a violation of paragraph (k) of
subsection (A) of this Section may be commenced within 6 years
after the commission of the offense. A prosecution for a
violation of this Section other than paragraph (g) of
subsection (A) of this Section may be commenced within 5 years
after the commission of the offense defined in the particular
paragraph.
(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15;
99-642, eff. 7-28-16; 100-606, eff. 1-1-19.)
(720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
Sec. 24-3.1. Unlawful possession of firearms and firearm
ammunition.
(a) A person commits the offense of unlawful possession of
firearms or firearm ammunition when:
(1) He is under 18 years of age and has in his

HB5234 - 42 - LRB101 17709 RLC 67136 b
possession any firearm of a size which may be concealed
upon the person; or
(2) He is under 21 years of age, has been convicted of
a misdemeanor other than a traffic offense or adjudged
delinquent and has any firearms or firearm ammunition in
his possession; or
(3) He is a narcotic addict and has any firearms or
firearm ammunition in his possession; or
(4) He has been a patient in a mental institution
within the past 5 years and has any firearms or firearm
ammunition in his possession. For purposes of this
paragraph (4):
"Mental institution" means any hospital,
institution, clinic, evaluation facility, mental
health center, or part thereof, which is used primarily
for the care or treatment of persons with mental
illness.
"Patient in a mental institution" means the person
was admitted, either voluntarily or involuntarily, to
a mental institution for mental health treatment,
unless the treatment was voluntary and solely for an
alcohol abuse disorder and no other secondary
substance abuse disorder or mental illness; or
(5) He is a person with an intellectual disability and
has any firearms or firearm ammunition in his possession;
or

HB5234 - 43 - LRB101 17709 RLC 67136 b
(6) He has in his possession any explosive bullet.
For purposes of this paragraph "explosive bullet" means the
projectile portion of an ammunition cartridge which contains or
carries an explosive charge which will explode upon contact
with the flesh of a human or an animal. "Cartridge" means a
tubular metal case having a projectile affixed at the front
thereof and a cap or primer at the rear end thereof, with the
propellant contained in such tube between the projectile and
the cap.
(b) Sentence.
Unlawful possession of firearms, other than handguns, and
firearm ammunition is a Class 4 felony A misdemeanor. Unlawful
possession of handguns is a Class 3 4 felony. The possession of
each firearm or firearm ammunition in violation of this Section
constitutes a single and separate violation.
(c) Nothing in paragraph (1) of subsection (a) of this
Section prohibits a person under 18 years of age from
participating in any lawful recreational activity with a
firearm such as, but not limited to, practice shooting at
targets upon established public or private target ranges or
hunting, trapping, or fishing in accordance with the Wildlife
Code or the Fish and Aquatic Life Code.
(Source: P.A. 99-143, eff. 7-27-15.)
(720 ILCS 5/24-3.3) (from Ch. 38, par. 24-3.3)
Sec. 24-3.3. Unlawful Sale or Delivery of Firearms on the

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Premises of Any School, regardless of the time of day or the
time of year, or any conveyance owned, leased or contracted by
a school to transport students to or from school or a school
related activity, or residential property owned, operated or
managed by a public housing agency. Any person 18 years of age
or older who sells, gives or delivers any firearm to any person
under 18 years of age in any school, regardless of the time of
day or the time of year or residential property owned, operated
or managed by a public housing agency or leased by a public
housing agency as part of a scattered site or mixed-income
development, on the real property comprising any school,
regardless of the time of day or the time of year or
residential property owned, operated or managed by a public
housing agency or leased by a public housing agency as part of
a scattered site or mixed-income development commits a Class 2
3 felony. School is defined, for the purposes of this Section,
as any public or private elementary or secondary school,
community college, college or university. This does not apply
to peace officers or to students carrying or possessing
firearms for use in school training courses, parades, target
shooting on school ranges, or otherwise with the consent of
school authorities and which firearms are transported unloaded
and enclosed in a suitable case, box or transportation package.
(Source: P.A. 91-673, eff. 12-22-99.)
(720 ILCS 5/24-3.5)

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Sec. 24-3.5. Unlawful purchase of a firearm.
(a) For purposes of this Section, "firearms transaction
record form" means a form:
(1) executed by a transferee of a firearm stating: (i)
the transferee's name and address (including county or
similar political subdivision); (ii) whether the
transferee is a citizen of the United States; (iii) the
transferee's State of residence; and (iv) the date and
place of birth, height, weight, and race of the transferee;
and
(2) on which the transferee certifies that he or she is
not prohibited by federal law from transporting or shipping
a firearm in interstate or foreign commerce or receiving a
firearm that has been shipped or transported in interstate
or foreign commerce or possessing a firearm in or affecting
commerce.
(b) A person commits the offense of unlawful purchase of a
firearm who knowingly purchases or attempts to purchase a
firearm with the intent to deliver that firearm to another
person who is prohibited by federal or State law from
possessing a firearm.
(c) A person commits the offense of unlawful purchase of a
firearm when he or she, in purchasing or attempting to purchase
a firearm, intentionally provides false or misleading
information on a United States Department of the Treasury,
Bureau of Alcohol, Tobacco and Firearms firearms transaction

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record form.
(d) Exemption. It is not a violation of subsection (b) of
this Section for a person to make a gift or loan of a firearm to
a person who is not prohibited by federal or State law from
possessing a firearm if the transfer of the firearm is made in
accordance with Section 3 of the Firearm Owners Identification
Card Act.
(e) Sentence.
(1) A person who commits the offense of unlawful
purchase of a firearm:
(A) is guilty of a Class 1 2 felony for purchasing
or attempting to purchase one firearm;
(B) is guilty of a Class X 1 felony for purchasing
or attempting to purchase not less than 2 firearms and
not more than 5 firearms at the same time or within a
one year period;
(C) is guilty of a Class X felony for which the
offender shall be sentenced to a term of imprisonment
of not less than 12 9 years and not more than 50 40
years for purchasing or attempting to purchase not less
than 6 firearms at the same time or within a 2 year
period.
(2) In addition to any other penalty that may be
imposed for a violation of this Section, the court may
sentence a person convicted of a violation of subsection
(c) of this Section to a fine not to exceed $250,000 for

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each violation.
(f) A prosecution for unlawful purchase of a firearm may be
commenced within 6 years after the commission of the offense.
(Source: P.A. 95-882, eff. 1-1-09.)
(720 ILCS 5/24-3.7)
Sec. 24-3.7. Use of a stolen firearm in the commission of
an offense.
(a) A person commits the offense of use of a stolen firearm
in the commission of an offense when he or she knowingly uses a
stolen firearm in the commission of any offense and the person
knows that the firearm was stolen.
(b) Sentence. Use of a stolen firearm in the commission of
an offense is a Class 1 2 felony.
(Source: P.A. 96-190, eff. 1-1-10.)
(720 ILCS 5/24-3.8)
Sec. 24-3.8. Possession of a stolen firearm.
(a) A person commits possession of a stolen firearm when he
or she, not being entitled to the possession of a firearm,
possesses the firearm, knowing it to have been stolen or
converted. The trier of fact may infer that a person who
possesses a firearm with knowledge that its serial number has
been removed or altered has knowledge that the firearm is
stolen or converted.
(b) Possession of a stolen firearm is a Class 1 2 felony.

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(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-347, eff.
1-1-12; 97-1109, eff. 1-1-13.)
(720 ILCS 5/24-3.9)
Sec. 24-3.9. Aggravated possession of a stolen firearm.
(a) A person commits aggravated possession of a stolen
firearm when he or she:
(1) Not being entitled to the possession of not less
than 2 and not more than 5 firearms, possesses those
firearms at the same time or within a one-year period,
knowing the firearms to have been stolen or converted.
(2) Not being entitled to the possession of not less
than 6 and not more than 10 firearms, possesses those
firearms at the same time or within a 2-year period,
knowing the firearms to have been stolen or converted.
(3) Not being entitled to the possession of not less
than 11 and not more than 20 firearms, possesses those
firearms at the same time or within a 3-year period,
knowing the firearms to have been stolen or converted.
(4) Not being entitled to the possession of not less
than 21 and not more than 30 firearms, possesses those
firearms at the same time or within a 4-year period,
knowing the firearms to have been stolen or converted.
(5) Not being entitled to the possession of more than
30 firearms, possesses those firearms at the same time or
within a 5-year period, knowing the firearms to have been

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stolen or converted.
(b) The trier of fact may infer that a person who possesses
a firearm with knowledge that its serial number has been
removed or altered has knowledge that the firearm is stolen or
converted.
(c) Sentence.
(1) A person who violates paragraph (1) of subsection
(a) of this Section commits a Class X 1 felony.
(2) A person who violates paragraph (2) of subsection
(a) of this Section commits a Class X felony for which he
or she shall be sentenced to a term of imprisonment of not
less than 6 years and not more than 40 30 years.
(3) A person who violates paragraph (3) of subsection
(a) of this Section commits a Class X felony for which he
or she shall be sentenced to a term of imprisonment of not
less than 6 years and not more than 50 40 years.
(4) A person who violates paragraph (4) of subsection
(a) of this Section commits a Class X felony for which he
or she shall be sentenced to a term of imprisonment of not
less than 6 years and not more than 60 50 years.
(5) A person who violates paragraph (5) of subsection
(a) of this Section commits a Class X felony for which he
or she shall be sentenced to a term of imprisonment of not
less than 6 years and not more than 70 60 years.
(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-347, eff.
1-1-12; 97-1109, eff. 1-1-13.)

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(720 ILCS 5/24-3A)
Sec. 24-3A. Gunrunning.
(a) A person commits gunrunning when he or she transfers 3
or more firearms in violation of any of the paragraphs of
Section 24-3 of this Code.
(b) Sentence. A person who commits gunrunning:
(1) is guilty of a Class X 1 felony;
(2) is guilty of a Class X felony for which the
sentence shall be a term of imprisonment of not less than
10 8 years and not more than 50 40 years if the transfer is
of not less than 11 firearms and not more than 20 firearms;
(3) is guilty of a Class X felony for which the
sentence shall be a term of imprisonment of not less than
15 10 years and not more than 60 50 years if the transfer
is of more than 20 firearms.
A person who commits gunrunning by transferring firearms to a
person who, at the time of the commission of the offense, is
under 18 years of age is guilty of a Class X felony for which
the sentence shall be a term of imprisonment of no less than 6
years and no more than 40 years.
(Source: P.A. 93-906, eff. 8-11-04.)
(720 ILCS 5/24-3B)
Sec. 24-3B. Firearms trafficking.
(a) A person commits firearms trafficking when he or she

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has not been issued a currently valid Firearm Owner's
Identification Card and knowingly:
(1) brings, or causes to be brought, into this State, a
firearm or firearm ammunition for the purpose of sale,
delivery, or transfer to any other person or with the
intent to sell, deliver, or transfer the firearm or firearm
ammunition to any other person; or
(2) brings, or causes to be brought, into this State, a
firearm and firearm ammunition for the purpose of sale,
delivery, or transfer to any other person or with the
intent to sell, deliver, or transfer the firearm and
firearm ammunition to any other person.
(a-5) This Section does not apply to:
(1) a person exempt under Section 2 of the Firearm
Owners Identification Card Act from the requirement of
having possession of a Firearm Owner's Identification Card
previously issued in his or her name by the Department of
State Police in order to acquire or possess a firearm or
firearm ammunition;
(2) a common carrier under subsection (i) of Section
24-2 of this Code; or
(3) a non-resident who may lawfully possess a firearm
in his or her resident state.
(b) Sentence.
(1) Firearms trafficking is a Class X 1 felony for
which the person, if sentenced to a term of imprisonment,

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shall be sentenced to not less than 4 years and not more
than 20 years.
(2) Firearms trafficking by a person who has been
previously convicted of firearms trafficking, gunrunning,
or a felony offense for the unlawful sale, delivery, or
transfer of a firearm or firearm ammunition in this State
or another jurisdiction is a Class X felony for which the
person shall be sentenced to no less than 10 years and no
more than 60 years.
(Source: P.A. 99-885, eff. 8-23-16.)
(720 ILCS 5/24-4.1)
Sec. 24-4.1. Report of lost or stolen firearms.
(a) If a person who possesses a valid Firearm Owner's
Identification Card and who possesses or acquires a firearm
thereafter loses the firearm, or if the firearm is stolen from
the person, the person must report the loss or theft to the
local law enforcement agency within 72 hours after obtaining
knowledge of the loss or theft.
(b) A law enforcement agency having jurisdiction shall take
a written report and shall, as soon as practical, enter the
firearm's serial number as stolen into the Law Enforcement
Agencies Data System (LEADS).
(c) A person shall not be in violation of this Section if:
(1) the failure to report is due to an act of God, act
of war, or inability of a law enforcement agency to receive

HB5234 - 53 - LRB101 17709 RLC 67136 b
the report;
(2) the person is hospitalized, in a coma, or is
otherwise seriously physically or mentally impaired as to
prevent the person from reporting; or
(3) the person's designee makes a report if the person
is unable to make the report.
(d) Sentence. A person who violates this Section is guilty
of a Class A misdemeanor petty offense for a first violation. A
second or subsequent violation of this Section is a Class 4
felony A misdemeanor.
(Source: P.A. 98-508, eff. 8-19-13.)
(720 ILCS 5/24-5) (from Ch. 38, par. 24-5)
Sec. 24-5. Defacing identification marks of firearms.
(a) Any person who shall knowingly or intentionally change,
alter, remove or obliterate the name of the importer's or
manufacturer's serial number of any firearm commits a Class 1 2
felony.
(b) A person who possesses any firearm upon which any such
importer's or manufacturer's serial number has been changed,
altered, removed or obliterated commits a Class 3 felony.
(c) Nothing in this Section shall prevent a person from
making repairs, replacement of parts, or other changes to a
firearm if those repairs, replacement of parts, or changes
cause the removal of the name of the maker, model, or other
marks of identification other than the serial number on the

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firearm's frame or receiver.
(d) A prosecution for a violation of this Section may be
commenced within 6 years after the commission of the offense.
(Source: P.A. 93-906, eff. 8-11-04.)
(720 ILCS 5/24-9)
Sec. 24-9. Firearms; Child Protection.
(a) Except as provided in subsection (c), it is unlawful
for any person to store or leave, within premises under his or
her control, a firearm if the person knows or has reason to
believe that a minor under the age of 14 years who does not
have a Firearm Owners Identification Card is likely to gain
access to the firearm without the lawful permission of the
minor's parent, guardian, or person having charge of the minor,
and the minor causes death or great bodily harm with the
firearm, unless the firearm is:
(1) secured by a device or mechanism, other than the
firearm safety, designed to render a firearm temporarily
inoperable; or
(2) placed in a securely locked box or container; or
(3) placed in some other location that a reasonable
person would believe to be secure from a minor under the
age of 14 years.
(b) Sentence. A person who violates this Section is guilty
of a Class A C misdemeanor and shall be fined not less than
$1,000. A second or subsequent violation of this Section is a

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Class 4 felony A misdemeanor.
(c) Subsection (a) does not apply:
(1) if the minor under 14 years of age gains access to
a firearm and uses it in a lawful act of self-defense or
defense of another; or
(2) to any firearm obtained by a minor under the age of
14 because of an unlawful entry of the premises by the
minor or another person.
(d) For the purposes of this Section, "firearm" has the
meaning ascribed to it in Section 1.1 of the Firearm Owners
Identification Card Act.
(Source: P.A. 91-18, eff. 1-1-00.)