Bill Text: IL SB1413 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Creates the Firearms Registration Act. Provides that every person in the State must register each firearm he or she owns or possesses in accordance with the Act. Provides that a person shall not purchase or possess ammunition within this State without having first obtained a registration certificate identifying a firearm that is suitable for use with that ammunition, or a receipt demonstrating that the person has applied to register a suitable firearm under the Act and that the application is pending. Provides that the Department of State Police must complete a background check of any person who applies for: (1) a registration certificate for a firearm that was lawfully owned or possessed on the effective date of the Act, was brought into the State by a new resident, or was acquired by operation of law upon the death of the former owner; or (2) a renewal of a registration certificate unless, within 12 months of the date the renewal application is submitted, the applicant passed a background check conducted by the Department in connection with the applicant's acquisition of another firearm. Provides exceptions. Amends the Criminal Code of 2012. Provides that it is a Class 2 felony to sell or transfer ownership of a firearm to another person without complying with the registration requirement of the Firearms Registration Act.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2016-11-10 - Added as Co-Sponsor Sen. Heather A. Steans [SB1413 Detail]

Download: Illinois-2015-SB1413-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB1413 Introduced 2/20/2015, by Sen. Jacqueline Y. Collins SYNOPSIS AS INTRODUCED:
New Act
720 ILCS 5/24-3 from Ch. 38, par. 24-3
Creates the Firearms Registration Act. Provides that every person in the State must register each firearm he or she owns or possesses in accordance with the Act. Provides that a person shall not purchase or possess ammunition within this State without having first obtained a registration certificate identifying a firearm that is suitable for use with that ammunition, or a receipt demonstrating that the person has applied to register a suitable firearm under the Act and that the application is pending. Provides that the Department of State Police must complete a background check of any person who applies for: (1) a registration certificate for a firearm that was lawfully owned or possessed on the effective date of the Act, was brought into the State by a new resident, or was acquired by operation of law upon the death of the former owner; or (2) a renewal of a registration certificate unless, within 12 months of the date the renewal application is submitted, the applicant passed a background check conducted by the Department in connection with the applicant's acquisition of another firearm. Provides exceptions. Amends the Criminal Code of 2012. Provides that it is a Class 2 felony to sell or transfer ownership of a firearm to another person without complying with the registration requirement of the Firearms Registration Act.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Firearms Registration Act.
Section 5. Definitions. As used in this Act:
"Ammunition" has the same meaning as "firearm ammunition"
in Section 1.1 of the Firearm Owners Identification Card Act.
"Applicant" means a person who is seeking the issuance or
renewal of a registration certificate for a firearm that he or
she owns or possesses.
"Department" means the Department of State Police.
"Firearm" has the same meaning as "firearm" in Section 1.1
of the Firearm Owners Identification Card Act.
"Person" means any individual, corporation, company,
association, firm, partnership, club, organization, society,
joint stock company, or other entity.
"Registrant" means a person who has been issued a
registration certificate for a firearm that he or she owns or
possesses.
Section 10. Firearm registration requirement.
(a) Every person in this State must register each firearm

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he or she owns or possesses in accordance with this Act.
(b) A person shall not deliver, receive, or obtain a
firearm, until each of the following have occurred:
(1) the buyer or transferee has completed an
application to register the firearm under Section 25;
(2) the person transferring the firearm has verified
that the prospective registrant is the person whose
driver's license or other government-issued identification
card is contained in the application;
(3) the person transferring the firearm has
transmitted the completed application to register the
firearm to the Department of State Police in the manner
prescribed by the Department; and
(4) the person transferring the firearm has provided a
receipt for the application to the prospective registrant
on a form prescribed by the Department.
(c) A person has complied with subsection (a) of this
Section for a firearm if he or she produces a valid receipt
indicating that he or she has applied to register that firearm
under this Act and the application is pending.
Section 15. Ammunition purchase, possession, delivery.
(a) A person shall not purchase or possess ammunition
within this State without having first obtained a registration
certificate identifying a firearm that is suitable for use with
that ammunition, or a receipt demonstrating that the person has

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applied to register a suitable firearm under this Act and that
the application is pending.
(b) A person shall not deliver ammunition to any person
within this State without having verified that the ammunition
purchaser possesses a registration certificate for a firearm
that is suitable for use with that ammunition, or a receipt
demonstrating that the person has applied to register a
suitable firearm under this Act and the application is pending.
Section 20. Exceptions.
Sections 10 and 15 do not apply to the ownership,
possession, or receipt of a firearm or ammunition by, or
delivery of a firearm or ammunition to:
(1) any law enforcement or corrections agency, or law
enforcement or corrections officer acting within the course and
scope of his or her employment or official duties;
(2) a United States Marshal or member of the Armed Forces
of the United States or the National Guard, or a federal
official, who is required to possess a firearm in the operation
of his or her official duties;
(3) licensed firearms manufacturers, importers, or
dealers, while engaged in the course and scope of their
activities as licensees, provided that those persons are
properly licensed under federal, State, and local law;
(4) a gunsmith who is in possession of a firearm solely for
the purposes of service or repair;

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(5) a common carrier, warehouseman, or other person engaged
in the business of transporting or storing goods, to the extent
that the possession or receipt of any firearm is in the
ordinary course of business and not for the personal use of
that person;
(6) a person who is under 18 years of age who is in
possession of a registered firearm for lawful hunting or
sporting purposes or for any other lawful recreational activity
while under the direct supervision and control of the
registrant;
(7) a person who is 18 years of age or older who is in
possession of a registered firearm while accompanying the
registrant and using the firearm for lawful hunting or sporting
purposes or for any other lawful recreational activity;
(8) a new resident of this State who has brought his or her
firearm into this State within the preceding 90 days, or who
produces a valid receipt indicating that he or she has applied
to register the firearm within this time period and the
application is pending;
(9) nonresidents of the State participating in lawful
hunting or sporting activity or other lawful recreational
activity in this State, if their ownership or possession of a
firearm for those purposes is lawful in the jurisdiction in
which they reside, and that the weapon is transported in
compliance with Section 926A of the federal Gun Control Act of
1968 (18 U.S.C. 926A);

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(10) a person being loaned a firearm solely for the purpose
of shooting at targets, if the loan occurs on the premises of a
properly licensed target facility, and the firearm is at all
times kept within the premises of the target range;
(11) a person who has acquired a firearm by operation of
law upon the death of the former owner of the firearm within
the preceding 90 days, or who produces a valid receipt
indicating that he or she has applied to register the firearm
within this time period and the application is pending;
(12) a person lawfully transporting a firearm through this
State in accordance with Section 926A of the federal Gun
Control Act of 1968 (18 U.S.C. 926A);
(13) an adult family member of the registrant of the
firearm if the registrant resides with the family member but is
not currently present in the residence, if the family member
does not maintain control over the firearm for more than 14
consecutive days. This exception shall not apply if the
registrant or the family member knows or has reasonable cause
to believe that federal, State, or local law prohibits the
family member from purchasing or possessing firearms, or the
registrant knows or has reasonable cause to believe that the
family member is likely to use the firearm for unlawful
purposes;
(14) members of bona fide veterans organizations which
receive firearms directly from the armed forces of the United
States, while using the firearms for ceremonial purposes with

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blank ammunition;
(15) color guards of bona fide veterans organizations or
members of bona fide American Legion bands while using firearms
for ceremonial purposes with blank ammunition;
(16) nonresidents while at a firearm showing or display
recognized by the Department, provided that at all other times
and in all other places the weapon is transported in compliance
with Federal Gun Control Act of 1968 (18 U.S.C. 926A); or
(17) competitive shooting athletes whose competition
firearms are sanctioned by the International Olympic
Committee, the International Paralympic Committee, the
International Shooting Sport Federation, or USA Shooting in
connection with the athletes' training for and participation in
shooting competitions at the 2016 Olympic and Paralympic Games
and sanctioned test events leading up to the 2016 Olympic and
Paralympic Games, provided that the weapons are transported in
compliance with Federal Gun Control Act of 1968 (18 U.S.C.
926A).
Section 25. Application to register a firearm.
(a) Any person who is required to register a firearm under
this Act shall:
(1) For a newly purchased firearm:
(A) obtain a registration application from the
seller of the firearm to be registered; and
(B) complete and submit to the firearm seller the

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application, in writing, signed under penalty of
perjury, on a form prescribed by the Department.
(2) For a firearm that was lawfully owned or possessed
on the effective date of this Act, was brought into the
State by a new resident, or was acquired by operation of
law upon the death of the former owner:
(A) appear in person at a time and place designated
by the Department; and
(B) complete and submit to the Department the
application, in writing, signed under penalty of
perjury, on a form prescribed by the Department.
(b) Any person who is required to register a firearm must
provide the following information on a registration
application created by the Department, which form shall
include:
(1) the applicant's full name and any other name by
which the applicant has ever been known;
(2) the home address and telephone number of the
applicant;
(3) the occupation, business address, and telephone
number of the applicant;
(4) the applicant's gender, race, height, weight, date
of birth, place of birth, country of citizenship, social
security number, and, if the applicant is not a United
States citizen, alien or admission number;
(5) a copy of the applicant's current driver's license

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or other government-issued identification card containing
a photograph of the applicant;
(6) information concerning any denial or revocation of
a license, permit, or registration certificate pertaining
to any firearm owned or possessed by the applicant;
(7) the make, model, manufacturer's name, caliber or
gauge, and serial number of all firearms for which the
applicant seeks to obtain a registration certificate;
(8) the date the applicant acquired each firearm;
(9) the name, address, and telephone number of the
person from whom each firearm was obtained, and in the case
of a firearms dealer, the dealer's license number;
(10) the name of, and description of any instance in
which, any court, board, commission, or other lawful
authority has done either of the following, including dates
of commitment and release:
(A) determined that the applicant, as a result of
marked subnormal intelligence, mental illness,
incompetency, condition, or disease, was a danger to
himself or herself or others, lacked the mental
capacity to contract or manage his or her own affairs,
or was not guilty of a crime by reason of insanity or
incompetent to stand trial; or
(B) involuntarily committed the person to a mental
institution (including the name and address of the
institution);

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(11) an authorization and release to obtain
information relevant to the person's eligibility to
register a firearm under this Act, from any source, that
waives any right to confidentiality and requests the
disclosure of the information to the Department for the
sole purpose of determining the person's eligibility to
register a firearm under this Act;
(12) the applicant's right thumbprint;
(13) 2 identical color photographs of the applicant's
face, frontal view, 2 inches square in size, taken within
the 30 days immediately preceding the application, as
specified in rules of the Department; and
(14) any additional information the Department deems
necessary to process the application.
(c) The Department may charge a fee to cover the
administrative costs of the registration for each firearm.
Section 30. Investigation by Department.
(a) In addition to the requirement of a background check
upon sale of a firearm under Sections 3 and 3.1 of the Firearm
Owners Identification Card Act, the Department must complete a
background check of any person who applies for:
(1) a registration certificate for a firearm that was
lawfully owned or possessed on the effective date of this
Act, was brought into the State by a new resident, or was
acquired by operation of law upon the death of the former

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owner; or
(2) a renewal of a registration certificate unless,
within 12 months of the date the renewal application is
submitted, the applicant passed a background check
conducted by the Department in connection with the
applicant's acquisition of another firearm.
(b) The background check required by subsection (a) shall
be equivalent in scope to the background check that is
conducted upon transfer of a firearm under Sections 3 and 3.1
of the Firearm Owners Identification Card Act.
(c) A registration certificate shall not be issued or
renewed if the applicant is prohibited from purchasing or
possessing a firearm under federal, State, or local law.
Section 35. Registration approval, denial, or revocation.
(a) After consideration of an application for a
registration certificate or for renewal of a registration
certificate and all information obtained relative to it, the
Department shall either approve or deny the application and
notify the applicant in writing of the decision, including the
reason or reasons for denial, and the appeal procedures under
Section 45.
(b) The Department may grant or renew a registration
certificate only if the applicant is in compliance with this
Act and all other applicable federal, State, and local laws
relating to firearms and ammunition.

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(c) The Department shall deny the issuance or renewal of a
registration certificate, or shall revoke an existing
registration certificate:
(1) for failure to meet any of the requirements of this
Act, including the requirements for renewal under Section
55, or any other applicable federal, State, or local law
relating to firearms or ammunition;
(2) for fraud or misrepresentation in securing a
registration certificate;
(3) if the applicant is or becomes prohibited from
purchasing or possessing a firearm under federal, State, or
local law; or
(4) upon the occurrence of any event or circumstance
that would disqualify the registrant from being issued the
original registration certificate.
Section 40. Features and use of firearm registration
certificates.
(a) If the application to register a firearm is approved,
the Department shall issue to the registrant a registration
certificate on a form prescribed by the Department for each
firearm listed on the application. Each registration
certificate must contain the date of the registration, a unique
registration number, the registrant's name, residence address,
date of birth, photograph, the make, model, manufacturer's
name, caliber or gauge and serial number of the firearm, the

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date the registration certificate expires, and any other
personal information as may be required by the Department.
(b) The registration certificate shall not be transferable
or assignable. The registration certificate shall be carried
with the firearm if it is transported outside of the
registrant's home. The registrant shall exhibit the
registration certificate to any law enforcement officer upon
request.
Section 45. Appeal procedure.
(a) If an application to register a firearm or to renew a
registration certificate is denied, or if a registration
certificate is revoked, the Department shall inform the
applicant or registrant in writing of the reasons for the
denial or revocation, and of the appeal procedures under this
Section. The applicant may, within 30 days after receiving
notice of the denial or revocation, file an appeal of the
denial or revocation with the Department. The appeal must be
made in writing, setting forth the specific grounds for the
appeal.
(b) If the applicant or registrant submits a timely appeal,
the Department shall hold a hearing to reconsider its decision.
The Department shall provide a written decision regarding the
appeal. The decision of the Department upon reconsideration
shall be subject to judicial review.
(c) In the event that the decision to deny the application

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or revoke the registration certificate is affirmed, the
decision to deny the application or revoke the registration
shall become final only after the time for judicial review of
the decision upon reconsideration has expired.
Section 50. Surrender and removal of firearms upon denial
or revocation of registration.
(a) When a decision to deny an application to register, to
renew a registration certificate, or to revoke a registration
certificate becomes final, the applicant or registrant must
immediately surrender to the Department the firearm for which
the applicant was denied registration or renewal or for which
the registration certificate was revoked.
(b) If an applicant or registrant fails to surrender his or
her firearm to the Department after the decision to deny an
application to register, to renew or to revoke a registration
certificate becomes final, the Department shall retrieve the
firearm within 48 hours.
Section 55. Duration and renewal.
(a) Registration certificates shall expire automatically
one year after the date of issuance. To apply for renewal of a
registration certificate, the registrant shall complete an
application for registration as described in Section 25.
(b) The Department shall mail renewal notices to each
registrant at least 90 days prior to expiration of the

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registration certificate. Applications for renewal shall be
received by the Department 30 days prior to the expiration of
the current registration certificate.
(c) The renewal process for all registrants shall include a
background check, as provided in Section 30.
(d) The Department shall follow the procedures of Section
35 in approving or denying the application for renewal.
Section 60. Firearm registration records.
The Department shall retain an accurate record of each
application for a registration certificate, received and acted
upon, together with all other information pertaining to the
application on all applications issued or denied under the
provisions of this Act. The information shall be maintained in
an accessible manner and available to all law enforcement
agencies upon request.
Section 65. Reporting requirements for registrants.
A registrant shall report to the Department:
(1) Within 48 hours of the time he or she discovered or
should have discovered any change in his or her status that
would affect his or her eligibility to own or possess a firearm
or registration certificate; and
(2) Within 14 days of the occurrence of:
(A) any change in the information appearing on the
registration certificate that would not affect his or her

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eligibility for the registration certificate; or
(B) the time he or she knew or should have known of the
loss, theft, or destruction of a registration certificate.
Section 70. Sentence.
(a) The following violations shall be a petty offense with
a fine not to exceed $5,000:
(1) A new resident who brings a firearm into the State
and who fails to lawfully dispose of or apply to register
the firearm within 90 days of entering the State.
(2) A person who acquires a firearm by operation of law
upon the death of the former owner and who fails to
lawfully dispose of or apply to register the firearm within
90 days of acquiring the firearm.
(3) A person who owns or possesses a firearm in the
State on the effective date of this Act and fails to
lawfully dispose of or apply to register the firearm within
120 days of the effective date of this Act.
(b) A person who owns or possesses a firearm after his or
her registration certificate for that firearm has been revoked
is guilty of a Class 4 felony.
(c) Except as provided in subsections (a) and (b), any
person who owns or possesses an unregistered firearm in the
State that he or she did not own or possess on the effective
date of this Act is guilty of a Class A misdemeanor.
(d) A person who knowingly enters false information on an

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application to register a firearm, who knowingly gives a false
answer to any question on the application, or who knowingly
submits false evidence in connection with an application is
guilty of a Class 2 felony.
(e) A person who acquires or possesses ammunition in
violation of subsection (a) of Section 15 is guilty of a Class
A misdemeanor.
(f) A person who transfers ammunition in violation of
subsection (b) of Section 15 is guilty of a Class 4 felony.
(g) A firearm or ammunition owned or possessed in violation
of this Act shall be subject to confiscation and forfeiture to
the State.
Section 905. The Criminal Code of 2012 is amended by
changing Section 24-3 as follows:
(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

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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
intellectually disabled.
(g) Delivers any firearm of a size which may be
concealed upon the person, incidental to a sale, without
withholding delivery of such firearm for at least 72 hours
after application for its purchase has been made, or
delivers any rifle, shotgun or other long gun, or a stun

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gun or taser, incidental to a sale, without withholding
delivery of such rifle, shotgun or other long gun, or a
stun gun or taser for at least 24 hours after application
for its purchase has been made. However, this paragraph (g)
does not apply to: (1) the sale of a firearm to a law
enforcement officer if the seller of the firearm knows that
the person to whom he or she is selling the firearm is a
law enforcement officer or the sale of a firearm to a
person who desires to purchase a firearm for use in
promoting the public interest incident to his or her
employment as a bank guard, armed truck guard, or other
similar employment; (2) a mail order sale of a firearm to a
nonresident of Illinois under which the firearm is mailed
to a point outside the boundaries of Illinois; (3) the sale
of a firearm to a nonresident of Illinois while at a
firearm showing or display recognized by the Illinois
Department of State Police; or (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). For purposes of this paragraph (g),
"application" means when the buyer and seller reach an
agreement to purchase a firearm.
(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

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or receiver which is a die casting of zinc alloy or any
other nonhomogeneous metal which will melt or deform at a
temperature of less than 800 degrees Fahrenheit. For
purposes of this paragraph, (1) "firearm" is defined as in
the Firearm Owners Identification Card Act; and (2)
"handgun" is defined as a firearm designed to be held and
fired by the use of a single hand, and includes a
combination of parts from which such a firearm can be
assembled.
(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

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disposition of firearms is predominantly one of obtaining
livelihood and pecuniary gain, as opposed to other intents,
such as improving or liquidating a personal firearms
collection; however, proof of profit shall not be required
as to a person who engages in the regular and repetitive
purchase and disposition of firearms for criminal purposes
or terrorism.
(k) Sells or transfers ownership of a firearm to a
person who does not display to the seller or transferor of
the firearm 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. 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
paragraph (k), all persons who are not federally

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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.
(m) Sells or transfers ownership of a firearm to
another person without complying with the registration
requirement of Section 10 of the Firearms Registration Act.
This paragraph (m) does not apply when the transferee is
one of the persons listed in Section 20 of the Firearms
Registration Act.
(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),

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nor is any firearm legally owned or possessed by any citizen or
purchased by any citizen within 6 months after the enactment of
Public Act 78-355 subject to confiscation or seizure under the
provisions of that Public Act. Nothing in Public Act 78-355
shall be construed to prohibit the gift or trade of any firearm
if that firearm was legally held or acquired within 6 months
after the enactment of that Public Act.
(C) Sentence.
(1) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (c), (e), (f), (g),
or (h) of subsection (A) commits a Class 4 felony.
(2) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (b) or (i) of
subsection (A) commits a Class 3 felony.
(3) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (a) or (m) of
subsection (A) commits a Class 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

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offense was committed, commits a Class 1 felony. Any person
convicted of a second or subsequent violation of unlawful
sale or delivery of firearms in violation of paragraph (a),
(b), or (i) of subsection (A) in any school, on the real
property comprising a school, within 1,000 feet of the real
property comprising a school, at a school related activity,
or on or within 1,000 feet of any conveyance owned, leased,
or contracted by a school or school district to transport
students to or from school or a school related activity,
regardless of the time of day or time of year at which the
offense was committed, commits a Class 1 felony for which
the sentence shall be a term of imprisonment of no less
than 5 years and no more than 15 years.
(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,

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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.
(6) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (j) of subsection (A)
commits a Class A misdemeanor. A second or subsequent
violation is a Class 4 felony.
(7) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (k) of subsection (A)
commits a Class 4 felony, except that a violation of
subparagraph (1) of paragraph (k) of subsection (A) shall
not be punishable as a crime or petty offense. A third or
subsequent conviction for a violation of paragraph (k) of
subsection (A) is a Class 1 felony.
(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 3 felony.

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

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same time or within a 4 year period. Any person convicted
of unlawful sale or delivery of firearms in violation of
paragraph (l) of subsection (A) commits a Class X felony
for which he or she shall be sentenced to a term of
imprisonment of not less than 6 years and not more than 60
years if the delivery is of 31 or more firearms at the same
time or within a 5 year period.
(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. 97-227, eff. 1-1-12; 97-347, eff. 1-1-12; 97-813,
eff. 7-13-12; 97-1167, eff. 6-1-13; 98-508, eff. 8-19-13.)