Public Act 093-0906
 
HB4949 Enrolled LRB093 20898 RLC 46857 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 1961 is amended by changing
Sections 24-1.1, 24-1.6, 24-3, 24-3.5, 24-3A, 24-5, and 33F-2
as follows:
 
    (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.
    (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 3 felony for
which the person, if sentenced to a term of imprisonment, shall
be sentenced to no less than 2 years and no more than 10 years.
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 or the Cannabis Control Act is a
Class 2 felony for which the person, if sentenced to a term of
imprisonment, shall be sentenced to not less than 3 years and
not more than 14 years. Violation of this Section by a person
who is on parole or mandatory supervised release is a Class 2
felony for which the person, if sentenced to a term of
imprisonment, shall be sentenced to not less than 3 years and
not more than 14 years. Violation of this Section by a person
not confined in a penal institution is a Class X felony 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 1 felony, if he 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 12
years and not more than 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
10 years and not more than 40 years.
(Source: P.A. 91-544, eff. 1-1-00.)
 
    (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 or fixed
    place of business 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 or fixed place of business, any
    pistol, revolver, stun gun or taser or other firearm; and
        (3) One of the following factors is present:
            (A) the firearm possessed was uncased, loaded and
        immediately accessible at the time of the offense; or
            (B) the firearm possessed was uncased, unloaded
        and the ammunition for the weapon was immediately
        accessible at the time of the offense; 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 or
        in a misdemeanor violation of the Illinois Controlled
        Substances Act; or
            (F) the person possessing the weapon is a member of
        a street gang or is engaged in street gang related
        activity, as defined in Section 10 of the Illinois
        Streetgang Terrorism Omnibus Prevention Act; or
            (G) the person possessing the weapon had a order of
        protection issued against him or her within the
        previous 2 years; or
            (H) the person possessing the weapon was engaged in
        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 as defined
        in Section 24-3, 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).
    (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. Aggravated unlawful use of a weapon is a
Class 4 felony; a second or subsequent offense is a Class 2
felony. 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 2 felony. 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.
(Source: P.A. 91-690, eff. 4-13-00.)
 
    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
    Sec. 24-3. Unlawful Sale of Firearms.
    (A) A person commits the offense of unlawful sale 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
    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 hospital within the past 5
    years.
        (f) Sells or gives any firearms to any person who is
    mentally retarded.
        (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, incidental
    to a sale, without withholding delivery of such rifle,
    shotgun or other long gun 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 or 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).
        (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
    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,
    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) if the
    transferor is licensed as a federal firearms dealer under
    Section 923 of the federal Gun Control Act of 1968 (18
    U.S.C. 923), an approval number issued in accordance with
    Section 3.1 of the Firearm Owners Identification Card Act
    shall be proof that the Firearm Owner's Identification Card
    was valid.
    (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
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 of firearms
    in violation of any of paragraphs (c) through (h) of
    subsection (A) commits a Class 4 felony.
        (2) Any person convicted of unlawful sale of firearms
    in violation of paragraph (b) or (i) of subsection (A)
    commits a Class 3 felony.
        (3) Any person convicted of unlawful sale of firearms
    in violation of paragraph (a) of subsection (A) commits a
    Class 2 felony.
        (4) Any person convicted of unlawful sale 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. Any person convicted of a second
    or subsequent violation of unlawful sale 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 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 2 felony.
        (6) Any person convicted of unlawful sale 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 of firearms
    in violation of paragraph (k) of subsection (A) commits a
    Class 4 felony. A third or subsequent conviction for a
    violation of paragraph (k) of subsection (A) is a Class 1
    felony.
    (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. 93-162, eff. 7-10-03.)
 
    (720 ILCS 5/24-3.5)
    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
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 4 felony for purchasing or
        attempting to purchase one firearm;
            (B) is guilty of a Class 3 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 2 felony for purchasing or
        attempting to purchase not less than 6 firearms and not
        more than 10 firearms at the same time or within a 2
        year period;
            (D) is guilty of a Class 1 felony for purchasing or
        attempting to purchase not less than 11 firearms and
        not more than 20 firearms at the same time or within a
        3 year period;
            (E) is guilty of a Class X felony for which the
        person shall be sentenced to a term of imprisonment of
        not less than 6 years and not more than 30 years for
        purchasing or attempting to purchase not less than 21
        firearms and not more than 30 firearms at the same time
        or within a 4 year period;
            (F) is guilty of a Class X felony for which the
        person shall be sentenced to a term of imprisonment of
        not less than 6 years and not more than 40 years for
        purchasing or attempting to purchase not less than 31
        firearms and not more than 40 firearms at the same time
        or within a 5 year period;
            (G) is guilty of a Class X felony for which the
        person shall be sentenced to a term of imprisonment of
        not less than 6 years and not more than 50 years for
        purchasing or attempting to purchase more than 40
        firearms at the same time or within a 6 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
    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. 93-451, eff. 8-7-03.)
 
    (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 1 felony;
        (2) is guilty of a Class X felony for which the
    sentence shall be a term of imprisonment of not less than 8
    years and not more than 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
    10 years and not more than 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.
(Source: P.A. 91-13, eff. 1-1-00; 91-696, eff. 4-13-00.)
 
    (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 maker, model, manufacturer's
number or other mark of identification of any firearm commits a
Class 2 felony.
    (b) A person who possesses Possession of any firearm upon
which any such importer's or manufacturer's serial number has
mark shall have been changed, altered, removed or obliterated
commits a Class 3 felony shall be prima facie evidence that the
possessor has changed, altered, removed or obliterated the
same.
    (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
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. 91-696, eff. 4-13-00.)
 
    (720 ILCS 5/33F-2)  (from Ch. 38, par. 33F-2)
    Sec. 33F-2. Unlawful use of body armor. A person commits
the offense of unlawful use of body armor when he knowingly
wears body armor and is in possession of a dangerous weapon,
other than a firearm, in the commission or attempted commission
of any offense.
(Source: P.A. 87-521.)
 
    Section 10. The Marks and Serial Numbers Act is amended by
changing Section 1 as follows:
 
    (720 ILCS 335/1)  (from Ch. 121 1/2, par. 157.13)
    Sec. 1. Any person who removes, alters, defaces, covers or
destroys the manufacturers' serial number or any other
manufacturers' number or distinguishing identification mark
upon any machine or other article of merchandise, other than a
motor vehicle as defined in Section 1-146 of the Illinois
Vehicle Code or a firearm as defined in the Firearm Owners
Identification Card Act, for the purpose of concealing or
destroying the identity of such machine or other article of
merchandise shall be guilty of a Class B misdemeanor.
(Source: P.A. 78-255.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.