101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5078

 

Introduced 2/18/2020, by Rep. Nathan D. Reitz

 

SYNOPSIS AS INTRODUCED:
 
520 ILCS 5/2.33  from Ch. 61, par. 2.33
720 ILCS 5/24-1  from Ch. 38, par. 24-1
720 ILCS 5/24-3  from Ch. 38, par. 24-3

    Amends the Wildlife Code. Removes the prohibition on the use of a silencer or other device to muffle or mute the sound of the explosion or report resulting from the firing of any gun. Amends the Criminal Code of 2012. Provides that a person commits the offense of unlawful use of weapons when the person knowingly uses, attaches, or possesses with the intent to use or attach any device or attachment of any kind for silencing the report of any handgun, unless the use, attachment, or possession with the intent to use the device or attachment is on the premises of a firing or shooting range; or possesses any device or attachment of any kind designed, used, or intended for use in silencing the report of any other firearm if the device or attachment is not possessed in compliance with the National Firearms Act (rather than a person commits the offense of unlawful use of weapons when the person possesses any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm). Provides that a person commits the offense of unlawful sale or delivery of firearms when he or she knowingly transfers or gives a suppressor or silencer to a person not authorized to possess the suppressor or silencer under federal law. Provides that a violation of this provision is a Class 3 felony. Effective immediately.


LRB101 18675 RLC 68130 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5078LRB101 18675 RLC 68130 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Wildlife Code is amended by changing Section
52.33 as follows:
 
6    (520 ILCS 5/2.33)  (from Ch. 61, par. 2.33)
7    Sec. 2.33. Prohibitions.
8    (a) It is unlawful to carry or possess any gun in any State
9refuge unless otherwise permitted by administrative rule.
10    (b) It is unlawful to use or possess any snare or
11snare-like device, deadfall, net, or pit trap to take any
12species, except that snares not powered by springs or other
13mechanical devices may be used to trap fur-bearing mammals, in
14water sets only, if at least one-half of the snare noose is
15located underwater at all times.
16    (c) It is unlawful for any person at any time to take a
17wild mammal protected by this Act from its den by means of any
18mechanical device, spade, or digging device or to use smoke or
19other gases to dislodge or remove such mammal except as
20provided in Section 2.37.
21    (d) It is unlawful to use a ferret or any other small
22mammal which is used in the same or similar manner for which
23ferrets are used for the purpose of frightening or driving any

 

 

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1mammals from their dens or hiding places.
2    (e) (Blank).
3    (f) It is unlawful to use spears, gigs, hooks or any like
4device to take any species protected by this Act.
5    (g) It is unlawful to use poisons, chemicals or explosives
6for the purpose of taking any species protected by this Act.
7    (h) It is unlawful to hunt adjacent to or near any peat,
8grass, brush or other inflammable substance when it is burning.
9    (i) It is unlawful to take, pursue or intentionally harass
10or disturb in any manner any wild birds or mammals by use or
11aid of any vehicle or conveyance, except as permitted by the
12Code of Federal Regulations for the taking of waterfowl. It is
13also unlawful to use the lights of any vehicle or conveyance or
14any light from or any light connected to the vehicle or
15conveyance in any area where wildlife may be found except in
16accordance with Section 2.37 of this Act; however, nothing in
17this Section shall prohibit the normal use of headlamps for the
18purpose of driving upon a roadway. Striped skunk, opossum, red
19fox, gray fox, raccoon, bobcat, and coyote may be taken during
20the open season by use of a small light which is worn on the
21body or hand-held by a person on foot and not in any vehicle.
22    (j) It is unlawful to use any shotgun larger than 10 gauge
23while taking or attempting to take any of the species protected
24by this Act.
25    (k) It is unlawful to use or possess in the field any
26shotgun shell loaded with a shot size larger than lead BB or

 

 

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1steel T (.20 diameter) when taking or attempting to take any
2species of wild game mammals (excluding white-tailed deer),
3wild game birds, migratory waterfowl or migratory game birds
4protected by this Act, except white-tailed deer as provided for
5in Section 2.26 and other species as provided for by subsection
6(l) or administrative rule.
7    (l) It is unlawful to take any species of wild game, except
8white-tailed deer and fur-bearing mammals, with a shotgun
9loaded with slugs unless otherwise provided for by
10administrative rule.
11    (m) It is unlawful to use any shotgun capable of holding
12more than 3 shells in the magazine or chamber combined, except
13on game breeding and hunting preserve areas licensed under
14Section 3.27 and except as permitted by the Code of Federal
15Regulations for the taking of waterfowl. If the shotgun is
16capable of holding more than 3 shells, it shall, while being
17used on an area other than a game breeding and shooting
18preserve area licensed pursuant to Section 3.27, be fitted with
19a one piece plug that is irremovable without dismantling the
20shotgun or otherwise altered to render it incapable of holding
21more than 3 shells in the magazine and chamber, combined.
22    (n) It is unlawful for any person, except persons who
23possess a permit to hunt from a vehicle as provided in this
24Section and persons otherwise permitted by law, to have or
25carry any gun in or on any vehicle, conveyance or aircraft,
26unless such gun is unloaded and enclosed in a case, except that

 

 

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1at field trials authorized by Section 2.34 of this Act,
2unloaded guns or guns loaded with blank cartridges only, may be
3carried on horseback while not contained in a case, or to have
4or carry any bow or arrow device in or on any vehicle unless
5such bow or arrow device is unstrung or enclosed in a case, or
6otherwise made inoperable.
7    (o) (Blank).
8    (p) It is unlawful to take game birds, migratory game birds
9or migratory waterfowl with a rifle, pistol, revolver or
10airgun.
11    (q) It is unlawful to fire a rifle, pistol, revolver or
12airgun on, over or into any waters of this State, including
13frozen waters.
14    (r) It is unlawful to discharge any gun or bow and arrow
15device along, upon, across, or from any public right-of-way or
16highway in this State.
17    (s) (Blank). It is unlawful to use a silencer or other
18device to muffle or mute the sound of the explosion or report
19resulting from the firing of any gun.
20    (t) It is unlawful for any person to take or attempt to
21take any species of wildlife or parts thereof, intentionally or
22wantonly allow a dog to hunt, within or upon the land of
23another, or upon waters flowing over or standing on the land of
24another, or to knowingly shoot a gun or bow and arrow device at
25any wildlife physically on or flying over the property of
26another without first obtaining permission from the owner or

 

 

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1the owner's designee. For the purposes of this Section, the
2owner's designee means anyone who the owner designates in a
3written authorization and the authorization must contain (i)
4the legal or common description of property for such authority
5is given, (ii) the extent that the owner's designee is
6authorized to make decisions regarding who is allowed to take
7or attempt to take any species of wildlife or parts thereof,
8and (iii) the owner's notarized signature. Before enforcing
9this Section the law enforcement officer must have received
10notice from the owner or the owner's designee of a violation of
11this Section. Statements made to the law enforcement officer
12regarding this notice shall not be rendered inadmissible by the
13hearsay rule when offered for the purpose of showing the
14required notice.
15    (u) It is unlawful for any person to discharge any firearm
16for the purpose of taking any of the species protected by this
17Act, or hunt with gun or dog, or intentionally or wantonly
18allow a dog to hunt, within 300 yards of an inhabited dwelling
19without first obtaining permission from the owner or tenant,
20except that while trapping, hunting with bow and arrow, hunting
21with dog and shotgun using shot shells only, or hunting with
22shotgun using shot shells only, or providing outfitting
23services under a waterfowl outfitter permit, or on licensed
24game breeding and hunting preserve areas, as defined in Section
253.27, on federally owned and managed lands and on Department
26owned, managed, leased, or controlled lands, a 100 yard

 

 

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1restriction shall apply.
2    (v) It is unlawful for any person to remove fur-bearing
3mammals from, or to move or disturb in any manner, the traps
4owned by another person without written authorization of the
5owner to do so.
6    (w) It is unlawful for any owner of a dog to knowingly or
7wantonly allow his or her dog to pursue, harass or kill deer,
8except that nothing in this Section shall prohibit the tracking
9of wounded deer with a dog in accordance with the provisions of
10Section 2.26 of this Code.
11    (x) It is unlawful for any person to wantonly or carelessly
12injure or destroy, in any manner whatsoever, any real or
13personal property on the land of another while engaged in
14hunting or trapping thereon.
15    (y) It is unlawful to hunt wild game protected by this Act
16between one half hour after sunset and one half hour before
17sunrise, except that hunting hours between one half hour after
18sunset and one half hour before sunrise may be established by
19administrative rule for fur-bearing mammals.
20    (z) It is unlawful to take any game bird (excluding wild
21turkeys and crippled pheasants not capable of normal flight and
22otherwise irretrievable) protected by this Act when not flying.
23Nothing in this Section shall prohibit a person from carrying
24an uncased, unloaded shotgun in a boat, while in pursuit of a
25crippled migratory waterfowl that is incapable of normal
26flight, for the purpose of attempting to reduce the migratory

 

 

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1waterfowl to possession, provided that the attempt is made
2immediately upon downing the migratory waterfowl and is done
3within 400 yards of the blind from which the migratory
4waterfowl was downed. This exception shall apply only to
5migratory game birds that are not capable of normal flight.
6Migratory waterfowl that are crippled may be taken only with a
7shotgun as regulated by subsection (j) of this Section using
8shotgun shells as regulated in subsection (k) of this Section.
9    (aa) It is unlawful to use or possess any device that may
10be used for tree climbing or cutting, while hunting fur-bearing
11mammals, excluding coyotes.
12    (bb) It is unlawful for any person, except licensed game
13breeders, pursuant to Section 2.29 to import, carry into, or
14possess alive in this State any species of wildlife taken
15outside of this State, without obtaining permission to do so
16from the Director.
17    (cc) It is unlawful for any person to have in his or her
18possession any freshly killed species protected by this Act
19during the season closed for taking.
20    (dd) It is unlawful to take any species protected by this
21Act and retain it alive except as provided by administrative
22rule.
23    (ee) It is unlawful to possess any rifle while in the field
24during gun deer season except as provided in Section 2.26 and
25administrative rules.
26    (ff) It is unlawful for any person to take any species

 

 

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1protected by this Act, except migratory waterfowl, during the
2gun deer hunting season in those counties open to gun deer
3hunting, unless he or she wears, when in the field, a cap and
4upper outer garment of a solid blaze orange color or solid
5blaze pink color, with such articles of clothing displaying a
6minimum of 400 square inches of blaze orange or solid blaze
7pink color material.
8    (gg) It is unlawful during the upland game season for any
9person to take upland game with a firearm unless he or she
10wears, while in the field, a cap of solid blaze orange color or
11solid blaze pink color. For purposes of this Act, upland game
12is defined as Bobwhite Quail, Hungarian Partridge, Ring-necked
13Pheasant, Eastern Cottontail and Swamp Rabbit.
14    (hh) It shall be unlawful to kill or cripple any species
15protected by this Act for which there is a bag limit without
16making a reasonable effort to retrieve such species and include
17such in the bag limit. It shall be unlawful for any person
18having control over harvested game mammals, game birds, or
19migratory game birds for which there is a bag limit to wantonly
20waste or destroy the usable meat of the game, except this shall
21not apply to wildlife taken under Sections 2.37 or 3.22 of this
22Code. For purposes of this subsection, "usable meat" means the
23breast meat of a game bird or migratory game bird and the hind
24ham and front shoulders of a game mammal. It shall be unlawful
25for any person to place, leave, dump, or abandon a wildlife
26carcass or parts of it along or upon a public right-of-way or

 

 

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1highway or on public or private property, including a waterway
2or stream, without the permission of the owner or tenant. It
3shall not be unlawful to discard game meat that is determined
4to be unfit for human consumption.
5    (ii) This Section shall apply only to those species
6protected by this Act taken within the State. Any species or
7any parts thereof, legally taken in and transported from other
8states or countries, may be possessed within the State, except
9as provided in this Section and Sections 2.35, 2.36 and 3.21.
10    (jj) (Blank).
11    (kk) Nothing contained in this Section shall prohibit the
12Director from issuing permits to paraplegics or to other
13persons with disabilities who meet the requirements set forth
14in administrative rule to shoot or hunt from a vehicle as
15provided by that rule, provided that such is otherwise in
16accord with this Act.
17    (ll) Nothing contained in this Act shall prohibit the
18taking of aquatic life protected by the Fish and Aquatic Life
19Code or birds and mammals protected by this Act, except deer
20and fur-bearing mammals, from a boat not camouflaged or
21disguised to alter its identity or to further provide a place
22of concealment and not propelled by sail or mechanical power.
23However, only shotguns not larger than 10 gauge nor smaller
24than .410 bore loaded with not more than 3 shells of a shot
25size no larger than lead BB or steel T (.20 diameter) may be
26used to take species protected by this Act.

 

 

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1    (mm) Nothing contained in this Act shall prohibit the use
2of a shotgun, not larger than 10 gauge nor smaller than a 20
3gauge, with a rifled barrel.
4    (nn) It shall be unlawful to possess any species of
5wildlife or wildlife parts taken unlawfully in Illinois, any
6other state, or any other country, whether or not the wildlife
7or wildlife parts is indigenous to Illinois. For the purposes
8of this subsection, the statute of limitations for unlawful
9possession of wildlife or wildlife parts shall not cease until
102 years after the possession has permanently ended.
11(Source: P.A. 99-33, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642,
12eff. 7-28-16; 100-489, eff. 9-8-17; 100-949, eff. 1-1-19.)
 
13    Section 10. The Criminal Code of 2012 is amended by
14changing Sections 24-1 and 24-3 as follows:
 
15    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
16    Sec. 24-1. Unlawful use of weapons.
17    (a) A person commits the offense of unlawful use of weapons
18when he knowingly:
19        (1) Sells, manufactures, purchases, possesses or
20    carries any bludgeon, black-jack, slung-shot, sand-club,
21    sand-bag, metal knuckles or other knuckle weapon
22    regardless of its composition, throwing star, or any knife,
23    commonly referred to as a switchblade knife, which has a
24    blade that opens automatically by hand pressure applied to

 

 

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1    a button, spring or other device in the handle of the
2    knife, or a ballistic knife, which is a device that propels
3    a knifelike blade as a projectile by means of a coil
4    spring, elastic material or compressed gas; or
5        (2) Carries or possesses with intent to use the same
6    unlawfully against another, a dagger, dirk, billy,
7    dangerous knife, razor, stiletto, broken bottle or other
8    piece of glass, stun gun or taser or any other dangerous or
9    deadly weapon or instrument of like character; or
10        (2.5) Carries or possesses with intent to use the same
11    unlawfully against another, any firearm in a church,
12    synagogue, mosque, or other building, structure, or place
13    used for religious worship; or
14        (3) Carries on or about his person or in any vehicle, a
15    tear gas gun projector or bomb or any object containing
16    noxious liquid gas or substance, other than an object
17    containing a non-lethal noxious liquid gas or substance
18    designed solely for personal defense carried by a person 18
19    years of age or older; or
20        (4) Carries or possesses in any vehicle or concealed on
21    or about his person except when on his land or in his own
22    abode, legal dwelling, or fixed place of business, or on
23    the land or in the legal dwelling of another person as an
24    invitee with that person's permission, any pistol,
25    revolver, stun gun or taser or other firearm, except that
26    this subsection (a) (4) does not apply to or affect

 

 

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1    transportation of weapons that meet one of the following
2    conditions:
3            (i) are broken down in a non-functioning state; or
4            (ii) are not immediately accessible; or
5            (iii) are unloaded and enclosed in a case, firearm
6        carrying box, shipping box, or other container by a
7        person who has been issued a currently valid Firearm
8        Owner's Identification Card; or
9            (iv) are carried or possessed in accordance with
10        the Firearm Concealed Carry Act by a person who has
11        been issued a currently valid license under the Firearm
12        Concealed Carry Act; or
13        (5) Sets a spring gun; or
14        (6) Uses, attaches, or possesses with the intent to use
15    or attach Possesses any device or attachment of any kind
16    for designed, used or intended for use in silencing the
17    report of any handgun, unless the use, attachment, or
18    possession with the intent to use the device or attachment
19    is on the premises of a firing or shooting range; or
20    possesses any device or attachment of any kind designed,
21    used, or intended for use in silencing the report of any
22    other firearm if the device or attachment is not possessed
23    in compliance with the National Firearms Act firearm; or
24        (7) Sells, manufactures, purchases, possesses or
25    carries:
26            (i) a machine gun, which shall be defined for the

 

 

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1        purposes of this subsection as any weapon, which
2        shoots, is designed to shoot, or can be readily
3        restored to shoot, automatically more than one shot
4        without manually reloading by a single function of the
5        trigger, including the frame or receiver of any such
6        weapon, or sells, manufactures, purchases, possesses,
7        or carries any combination of parts designed or
8        intended for use in converting any weapon into a
9        machine gun, or any combination or parts from which a
10        machine gun can be assembled if such parts are in the
11        possession or under the control of a person;
12            (ii) any rifle having one or more barrels less than
13        16 inches in length or a shotgun having one or more
14        barrels less than 18 inches in length or any weapon
15        made from a rifle or shotgun, whether by alteration,
16        modification, or otherwise, if such a weapon as
17        modified has an overall length of less than 26 inches;
18        or
19            (iii) any bomb, bomb-shell, grenade, bottle or
20        other container containing an explosive substance of
21        over one-quarter ounce for like purposes, such as, but
22        not limited to, black powder bombs and Molotov
23        cocktails or artillery projectiles; or
24        (8) Carries or possesses any firearm, stun gun or taser
25    or other deadly weapon in any place which is licensed to
26    sell intoxicating beverages, or at any public gathering

 

 

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1    held pursuant to a license issued by any governmental body
2    or any public gathering at which an admission is charged,
3    excluding a place where a showing, demonstration or lecture
4    involving the exhibition of unloaded firearms is
5    conducted.
6        This subsection (a)(8) does not apply to any auction or
7    raffle of a firearm held pursuant to a license or permit
8    issued by a governmental body, nor does it apply to persons
9    engaged in firearm safety training courses; or
10        (9) Carries or possesses in a vehicle or on or about
11    his or her person any pistol, revolver, stun gun or taser
12    or firearm or ballistic knife, when he or she is hooded,
13    robed or masked in such manner as to conceal his or her
14    identity; or
15        (10) Carries or possesses on or about his or her
16    person, upon any public street, alley, or other public
17    lands within the corporate limits of a city, village, or
18    incorporated town, except when an invitee thereon or
19    therein, for the purpose of the display of such weapon or
20    the lawful commerce in weapons, or except when on his land
21    or in his or her own abode, legal dwelling, or fixed place
22    of business, or on the land or in the legal dwelling of
23    another person as an invitee with that person's permission,
24    any pistol, revolver, stun gun, or taser or other firearm,
25    except that this subsection (a) (10) does not apply to or
26    affect transportation of weapons that meet one of the

 

 

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1    following conditions:
2            (i) are broken down in a non-functioning state; or
3            (ii) are not immediately accessible; or
4            (iii) are unloaded and enclosed in a case, firearm
5        carrying box, shipping box, or other container by a
6        person who has been issued a currently valid Firearm
7        Owner's Identification Card; or
8            (iv) are carried or possessed in accordance with
9        the Firearm Concealed Carry Act by a person who has
10        been issued a currently valid license under the Firearm
11        Concealed Carry Act.
12        A "stun gun or taser", as used in this paragraph (a)
13    means (i) any device which is powered by electrical
14    charging units, such as, batteries, and which fires one or
15    several barbs attached to a length of wire and which, upon
16    hitting a human, can send out a current capable of
17    disrupting the person's nervous system in such a manner as
18    to render him incapable of normal functioning or (ii) any
19    device which is powered by electrical charging units, such
20    as batteries, and which, upon contact with a human or
21    clothing worn by a human, can send out current capable of
22    disrupting the person's nervous system in such a manner as
23    to render him incapable of normal functioning; or
24        (11) Sells, manufactures, or purchases any explosive
25    bullet. For purposes of this paragraph (a) "explosive
26    bullet" means the projectile portion of an ammunition

 

 

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1    cartridge which contains or carries an explosive charge
2    which will explode upon contact with the flesh of a human
3    or an animal. "Cartridge" means a tubular metal case having
4    a projectile affixed at the front thereof and a cap or
5    primer at the rear end thereof, with the propellant
6    contained in such tube between the projectile and the cap;
7    or
8        (12) (Blank); or
9        (13) Carries or possesses on or about his or her person
10    while in a building occupied by a unit of government, a
11    billy club, other weapon of like character, or other
12    instrument of like character intended for use as a weapon.
13    For the purposes of this Section, "billy club" means a
14    short stick or club commonly carried by police officers
15    which is either telescopic or constructed of a solid piece
16    of wood or other man-made material.
17    (b) Sentence. A person convicted of a violation of
18subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
19subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
20Class A misdemeanor. A person convicted of a violation of
21subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
22person convicted of a violation of subsection 24-1(a)(6) or
2324-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
24convicted of a violation of subsection 24-1(a)(7)(i) commits a
25Class 2 felony and shall be sentenced to a term of imprisonment
26of not less than 3 years and not more than 7 years, unless the

 

 

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1weapon is possessed in the passenger compartment of a motor
2vehicle as defined in Section 1-146 of the Illinois Vehicle
3Code, or on the person, while the weapon is loaded, in which
4case it shall be a Class X felony. A person convicted of a
5second or subsequent violation of subsection 24-1(a)(4),
624-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
7felony. A person convicted of a violation of subsection
824-1(a)(2.5) commits a Class 2 felony. The possession of each
9weapon in violation of this Section constitutes a single and
10separate violation.
11    (c) Violations in specific places.
12        (1) A person who violates subsection 24-1(a)(6) or
13    24-1(a)(7) in any school, regardless of the time of day or
14    the time of year, in residential property owned, operated
15    or managed by a public housing agency or leased by a public
16    housing agency as part of a scattered site or mixed-income
17    development, in a public park, in a courthouse, on the real
18    property comprising any school, regardless of the time of
19    day or the time of year, on residential property owned,
20    operated or managed by a public housing agency or leased by
21    a public housing agency as part of a scattered site or
22    mixed-income development, on the real property comprising
23    any public park, on the real property comprising any
24    courthouse, in any conveyance owned, leased or contracted
25    by a school to transport students to or from school or a
26    school related activity, in any conveyance owned, leased,

 

 

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1    or contracted by a public transportation agency, or on any
2    public way within 1,000 feet of the real property
3    comprising any school, public park, courthouse, public
4    transportation facility, or residential property owned,
5    operated, or managed by a public housing agency or leased
6    by a public housing agency as part of a scattered site or
7    mixed-income development commits a Class 2 felony and shall
8    be sentenced to a term of imprisonment of not less than 3
9    years and not more than 7 years.
10        (1.5) A person who violates subsection 24-1(a)(4),
11    24-1(a)(9), or 24-1(a)(10) in any school, regardless of the
12    time of day or the time of year, in residential property
13    owned, operated, or managed by a public housing agency or
14    leased by a public housing agency as part of a scattered
15    site or mixed-income development, in a public park, in a
16    courthouse, on the real property comprising any school,
17    regardless of the time of day or the time of year, on
18    residential property owned, operated, or managed by a
19    public housing agency or leased by a public housing agency
20    as part of a scattered site or mixed-income development, on
21    the real property comprising any public park, on the real
22    property comprising any courthouse, in any conveyance
23    owned, leased, or contracted by a school to transport
24    students to or from school or a school related activity, in
25    any conveyance owned, leased, or contracted by a public
26    transportation agency, or on any public way within 1,000

 

 

HB5078- 19 -LRB101 18675 RLC 68130 b

1    feet of the real property comprising any school, public
2    park, courthouse, public transportation facility, or
3    residential property owned, operated, or managed by a
4    public housing agency or leased by a public housing agency
5    as part of a scattered site or mixed-income development
6    commits a Class 3 felony.
7        (2) A person who violates subsection 24-1(a)(1),
8    24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
9    time of day or the time of year, in residential property
10    owned, operated or managed by a public housing agency or
11    leased by a public housing agency as part of a scattered
12    site or mixed-income development, in a public park, in a
13    courthouse, on the real property comprising any school,
14    regardless of the time of day or the time of year, on
15    residential property owned, operated or managed by a public
16    housing agency or leased by a public housing agency as part
17    of a scattered site or mixed-income development, on the
18    real property comprising any public park, on the real
19    property comprising any courthouse, in any conveyance
20    owned, leased or contracted by a school to transport
21    students to or from school or a school related activity, in
22    any conveyance owned, leased, or contracted by a public
23    transportation agency, or on any public way within 1,000
24    feet of the real property comprising any school, public
25    park, courthouse, public transportation facility, or
26    residential property owned, operated, or managed by a

 

 

HB5078- 20 -LRB101 18675 RLC 68130 b

1    public housing agency or leased by a public housing agency
2    as part of a scattered site or mixed-income development
3    commits a Class 4 felony. "Courthouse" means any building
4    that is used by the Circuit, Appellate, or Supreme Court of
5    this State for the conduct of official business.
6        (3) Paragraphs (1), (1.5), and (2) of this subsection
7    (c) shall not apply to law enforcement officers or security
8    officers of such school, college, or university or to
9    students carrying or possessing firearms for use in
10    training courses, parades, hunting, target shooting on
11    school ranges, or otherwise with the consent of school
12    authorities and which firearms are transported unloaded
13    enclosed in a suitable case, box, or transportation
14    package.
15        (4) For the purposes of this subsection (c), "school"
16    means any public or private elementary or secondary school,
17    community college, college, or university.
18        (5) For the purposes of this subsection (c), "public
19    transportation agency" means a public or private agency
20    that provides for the transportation or conveyance of
21    persons by means available to the general public, except
22    for transportation by automobiles not used for conveyance
23    of the general public as passengers; and "public
24    transportation facility" means a terminal or other place
25    where one may obtain public transportation.
26    (d) The presence in an automobile other than a public

 

 

HB5078- 21 -LRB101 18675 RLC 68130 b

1omnibus of any weapon, instrument or substance referred to in
2subsection (a)(7) is prima facie evidence that it is in the
3possession of, and is being carried by, all persons occupying
4such automobile at the time such weapon, instrument or
5substance is found, except under the following circumstances:
6(i) if such weapon, instrument or instrumentality is found upon
7the person of one of the occupants therein; or (ii) if such
8weapon, instrument or substance is found in an automobile
9operated for hire by a duly licensed driver in the due, lawful
10and proper pursuit of his or her trade, then such presumption
11shall not apply to the driver.
12    (e) Exemptions.
13        (1) Crossbows, Common or Compound bows and Underwater
14    Spearguns are exempted from the definition of ballistic
15    knife as defined in paragraph (1) of subsection (a) of this
16    Section.
17        (2) The provision of paragraph (1) of subsection (a) of
18    this Section prohibiting the sale, manufacture, purchase,
19    possession, or carrying of any knife, commonly referred to
20    as a switchblade knife, which has a blade that opens
21    automatically by hand pressure applied to a button, spring
22    or other device in the handle of the knife, does not apply
23    to a person who possesses a currently valid Firearm Owner's
24    Identification Card previously issued in his or her name by
25    the Department of State Police or to a person or an entity
26    engaged in the business of selling or manufacturing

 

 

HB5078- 22 -LRB101 18675 RLC 68130 b

1    switchblade knives.
2(Source: P.A. 100-82, eff. 8-11-17; 101-223, eff. 1-1-20.)
 
3    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
4    Sec. 24-3. Unlawful sale or delivery of firearms.
5    (A) A person commits the offense of unlawful sale or
6delivery of firearms when he or she knowingly does any of the
7following:
8        (a) Sells or gives any firearm of a size which may be
9    concealed upon the person to any person under 18 years of
10    age.
11        (b) Sells or gives any firearm to a person under 21
12    years of age who has been convicted of a misdemeanor other
13    than a traffic offense or adjudged delinquent.
14        (c) Sells or gives any firearm to any narcotic addict.
15        (d) Sells or gives any firearm to any person who has
16    been convicted of a felony under the laws of this or any
17    other jurisdiction.
18        (e) Sells or gives any firearm to any person who has
19    been a patient in a mental institution within the past 5
20    years. In this subsection (e):
21            "Mental institution" means any hospital,
22        institution, clinic, evaluation facility, mental
23        health center, or part thereof, which is used primarily
24        for the care or treatment of persons with mental
25        illness.

 

 

HB5078- 23 -LRB101 18675 RLC 68130 b

1            "Patient in a mental institution" means the person
2        was admitted, either voluntarily or involuntarily, to
3        a mental institution for mental health treatment,
4        unless the treatment was voluntary and solely for an
5        alcohol abuse disorder and no other secondary
6        substance abuse disorder or mental illness.
7        (f) Sells or gives any firearms to any person who is a
8    person with an intellectual disability.
9        (g) Delivers any firearm, incidental to a sale, without
10    withholding delivery of the firearm for at least 72 hours
11    after application for its purchase has been made, or
12    delivers a stun gun or taser, incidental to a sale, without
13    withholding delivery of the stun gun or taser for at least
14    24 hours after application for its purchase has been made.
15    However, this paragraph (g) does not apply to: (1) the sale
16    of a firearm to a law enforcement officer if the seller of
17    the firearm knows that the person to whom he or she is
18    selling the firearm is a law enforcement officer or the
19    sale of a firearm to a person who desires to purchase a
20    firearm for use in promoting the public interest incident
21    to his or her employment as a bank guard, armed truck
22    guard, or other similar employment; (2) a mail order sale
23    of a firearm from a federally licensed firearms dealer to a
24    nonresident of Illinois under which the firearm is mailed
25    to a federally licensed firearms dealer outside the
26    boundaries of Illinois; (3) (blank); (4) the sale of a

 

 

HB5078- 24 -LRB101 18675 RLC 68130 b

1    firearm to a dealer licensed as a federal firearms dealer
2    under Section 923 of the federal Gun Control Act of 1968
3    (18 U.S.C. 923); or (5) the transfer or sale of any rifle,
4    shotgun, or other long gun to a resident registered
5    competitor or attendee or non-resident registered
6    competitor or attendee by any dealer licensed as a federal
7    firearms dealer under Section 923 of the federal Gun
8    Control Act of 1968 at competitive shooting events held at
9    the World Shooting Complex sanctioned by a national
10    governing body. For purposes of transfers or sales under
11    subparagraph (5) of this paragraph (g), the Department of
12    Natural Resources shall give notice to the Department of
13    State Police at least 30 calendar days prior to any
14    competitive shooting events at the World Shooting Complex
15    sanctioned by a national governing body. The notification
16    shall be made on a form prescribed by the Department of
17    State Police. The sanctioning body shall provide a list of
18    all registered competitors and attendees at least 24 hours
19    before the events to the Department of State Police. Any
20    changes to the list of registered competitors and attendees
21    shall be forwarded to the Department of State Police as
22    soon as practicable. The Department of State Police must
23    destroy the list of registered competitors and attendees no
24    later than 30 days after the date of the event. Nothing in
25    this paragraph (g) relieves a federally licensed firearm
26    dealer from the requirements of conducting a NICS

 

 

HB5078- 25 -LRB101 18675 RLC 68130 b

1    background check through the Illinois Point of Contact
2    under 18 U.S.C. 922(t). For purposes of this paragraph (g),
3    "application" means when the buyer and seller reach an
4    agreement to purchase a firearm. For purposes of this
5    paragraph (g), "national governing body" means a group of
6    persons who adopt rules and formulate policy on behalf of a
7    national firearm sporting organization.
8        (h) While holding any license as a dealer, importer,
9    manufacturer or pawnbroker under the federal Gun Control
10    Act of 1968, manufactures, sells or delivers to any
11    unlicensed person a handgun having a barrel, slide, frame
12    or receiver which is a die casting of zinc alloy or any
13    other nonhomogeneous metal which will melt or deform at a
14    temperature of less than 800 degrees Fahrenheit. For
15    purposes of this paragraph, (1) "firearm" is defined as in
16    the Firearm Owners Identification Card Act; and (2)
17    "handgun" is defined as a firearm designed to be held and
18    fired by the use of a single hand, and includes a
19    combination of parts from which such a firearm can be
20    assembled.
21        (i) Sells or gives a firearm of any size to any person
22    under 18 years of age who does not possess a valid Firearm
23    Owner's Identification Card.
24        (j) Sells or gives a firearm while engaged in the
25    business of selling firearms at wholesale or retail without
26    being licensed as a federal firearms dealer under Section

 

 

HB5078- 26 -LRB101 18675 RLC 68130 b

1    923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
2    In this paragraph (j):
3        A person "engaged in the business" means a person who
4    devotes time, attention, and labor to engaging in the
5    activity as a regular course of trade or business with the
6    principal objective of livelihood and profit, but does not
7    include a person who makes occasional repairs of firearms
8    or who occasionally fits special barrels, stocks, or
9    trigger mechanisms to firearms.
10        "With the principal objective of livelihood and
11    profit" means that the intent underlying the sale or
12    disposition of firearms is predominantly one of obtaining
13    livelihood and pecuniary gain, as opposed to other intents,
14    such as improving or liquidating a personal firearms
15    collection; however, proof of profit shall not be required
16    as to a person who engages in the regular and repetitive
17    purchase and disposition of firearms for criminal purposes
18    or terrorism.
19        (k) Sells or transfers ownership of a firearm to a
20    person who does not display to the seller or transferor of
21    the firearm either: (1) a currently valid Firearm Owner's
22    Identification Card that has previously been issued in the
23    transferee's name by the Department of State Police under
24    the provisions of the Firearm Owners Identification Card
25    Act; or (2) a currently valid license to carry a concealed
26    firearm that has previously been issued in the transferee's

 

 

HB5078- 27 -LRB101 18675 RLC 68130 b

1    name by the Department of State Police under the Firearm
2    Concealed Carry Act. This paragraph (k) does not apply to
3    the transfer of a firearm to a person who is exempt from
4    the requirement of possessing a Firearm Owner's
5    Identification Card under Section 2 of the Firearm Owners
6    Identification Card Act. For the purposes of this Section,
7    a currently valid Firearm Owner's Identification Card
8    means (i) a Firearm Owner's Identification Card that has
9    not expired or (ii) an approval number issued in accordance
10    with subsection (a-10) of subsection 3 or Section 3.1 of
11    the Firearm Owners Identification Card Act shall be proof
12    that the Firearm Owner's Identification Card was valid.
13            (1) In addition to the other requirements of this
14        paragraph (k), all persons who are not federally
15        licensed firearms dealers must also have complied with
16        subsection (a-10) of Section 3 of the Firearm Owners
17        Identification Card Act by determining the validity of
18        a purchaser's Firearm Owner's Identification Card.
19            (2) All sellers or transferors who have complied
20        with the requirements of subparagraph (1) of this
21        paragraph (k) shall not be liable for damages in any
22        civil action arising from the use or misuse by the
23        transferee of the firearm transferred, except for
24        willful or wanton misconduct on the part of the seller
25        or transferor.
26        (l) Not being entitled to the possession of a firearm,

 

 

HB5078- 28 -LRB101 18675 RLC 68130 b

1    delivers the firearm, knowing it to have been stolen or
2    converted. It may be inferred that a person who possesses a
3    firearm with knowledge that its serial number has been
4    removed or altered has knowledge that the firearm is stolen
5    or converted.
6        (m) Transfers or gives a suppressor or silencer to a
7    person not authorized to possess the suppressor or silencer
8    under federal law.
9    (B) Paragraph (h) of subsection (A) does not include
10firearms sold within 6 months after enactment of Public Act
1178-355 (approved August 21, 1973, effective October 1, 1973),
12nor is any firearm legally owned or possessed by any citizen or
13purchased by any citizen within 6 months after the enactment of
14Public Act 78-355 subject to confiscation or seizure under the
15provisions of that Public Act. Nothing in Public Act 78-355
16shall be construed to prohibit the gift or trade of any firearm
17if that firearm was legally held or acquired within 6 months
18after the enactment of that Public Act.
19    (C) Sentence.
20        (1) Any person convicted of unlawful sale or delivery
21    of firearms in violation of paragraph (c), (e), (f), (g),
22    or (h) of subsection (A) commits a Class 4 felony.
23        (2) Any person convicted of unlawful sale or delivery
24    of firearms in violation of paragraph (b) or (i), or (m) of
25    subsection (A) commits a Class 3 felony.
26        (3) Any person convicted of unlawful sale or delivery

 

 

HB5078- 29 -LRB101 18675 RLC 68130 b

1    of firearms in violation of paragraph (a) of subsection (A)
2    commits a Class 2 felony.
3        (4) Any person convicted of unlawful sale or delivery
4    of firearms in violation of paragraph (a), (b), or (i) of
5    subsection (A) in any school, on the real property
6    comprising a school, within 1,000 feet of the real property
7    comprising a school, at a school related activity, or on or
8    within 1,000 feet of any conveyance owned, leased, or
9    contracted by a school or school district to transport
10    students to or from school or a school related activity,
11    regardless of the time of day or time of year at which the
12    offense was committed, commits a Class 1 felony. Any person
13    convicted of a second or subsequent violation of unlawful
14    sale or delivery of firearms in violation of paragraph (a),
15    (b), or (i) of subsection (A) in any school, on the real
16    property comprising a school, within 1,000 feet of the real
17    property comprising a school, at a school related activity,
18    or on or within 1,000 feet of any conveyance owned, leased,
19    or contracted by a school or school district to transport
20    students to or from school or a school related activity,
21    regardless of the time of day or time of year at which the
22    offense was committed, commits a Class 1 felony for which
23    the sentence shall be a term of imprisonment of no less
24    than 5 years and no more than 15 years.
25        (5) Any person convicted of unlawful sale or delivery
26    of firearms in violation of paragraph (a) or (i) of

 

 

HB5078- 30 -LRB101 18675 RLC 68130 b

1    subsection (A) in residential property owned, operated, or
2    managed by a public housing agency or leased by a public
3    housing agency as part of a scattered site or mixed-income
4    development, in a public park, in a courthouse, on
5    residential property owned, operated, or managed by a
6    public housing agency or leased by a public housing agency
7    as part of a scattered site or mixed-income development, on
8    the real property comprising any public park, on the real
9    property comprising any courthouse, or on any public way
10    within 1,000 feet of the real property comprising any
11    public park, courthouse, or residential property owned,
12    operated, or managed by a public housing agency or leased
13    by a public housing agency as part of a scattered site or
14    mixed-income development commits a Class 2 felony.
15        (6) Any person convicted of unlawful sale or delivery
16    of firearms in violation of paragraph (j) of subsection (A)
17    commits a Class A misdemeanor. A second or subsequent
18    violation is a Class 4 felony.
19        (7) Any person convicted of unlawful sale or delivery
20    of firearms in violation of paragraph (k) of subsection (A)
21    commits a Class 4 felony, except that a violation of
22    subparagraph (1) of paragraph (k) of subsection (A) shall
23    not be punishable as a crime or petty offense. A third or
24    subsequent conviction for a violation of paragraph (k) of
25    subsection (A) is a Class 1 felony.
26        (8) A person 18 years of age or older convicted of

 

 

HB5078- 31 -LRB101 18675 RLC 68130 b

1    unlawful sale or delivery of firearms in violation of
2    paragraph (a) or (i) of subsection (A), when the firearm
3    that was sold or given to another person under 18 years of
4    age was used in the commission of or attempt to commit a
5    forcible felony, shall be fined or imprisoned, or both, not
6    to exceed the maximum provided for the most serious
7    forcible felony so committed or attempted by the person
8    under 18 years of age who was sold or given the firearm.
9        (9) Any person convicted of unlawful sale or delivery
10    of firearms in violation of paragraph (d) of subsection (A)
11    commits a Class 3 felony.
12        (10) Any person convicted of unlawful sale or delivery
13    of firearms in violation of paragraph (l) of subsection (A)
14    commits a Class 2 felony if the delivery is of one firearm.
15    Any person convicted of unlawful sale or delivery of
16    firearms in violation of paragraph (l) of subsection (A)
17    commits a Class 1 felony if the delivery is of not less
18    than 2 and not more than 5 firearms at the same time or
19    within a one year period. Any person convicted of unlawful
20    sale or delivery of firearms in violation of paragraph (l)
21    of subsection (A) commits a Class X felony for which he or
22    she shall be sentenced to a term of imprisonment of not
23    less than 6 years and not more than 30 years if the
24    delivery is of not less than 6 and not more than 10
25    firearms at the same time or within a 2 year period. Any
26    person convicted of unlawful sale or delivery of firearms

 

 

HB5078- 32 -LRB101 18675 RLC 68130 b

1    in violation of paragraph (l) of subsection (A) commits a
2    Class X felony for which he or she shall be sentenced to a
3    term of imprisonment of not less than 6 years and not more
4    than 40 years if the delivery is of not less than 11 and
5    not more than 20 firearms at the same time or within a 3
6    year period. Any person convicted of unlawful sale or
7    delivery of firearms in violation of paragraph (l) of
8    subsection (A) commits a Class X felony for which he or she
9    shall be sentenced to a term of imprisonment of not less
10    than 6 years and not more than 50 years if the delivery is
11    of not less than 21 and not more than 30 firearms at the
12    same time or within a 4 year period. Any person convicted
13    of unlawful sale or delivery of firearms in violation of
14    paragraph (l) of subsection (A) commits a Class X felony
15    for which he or she shall be sentenced to a term of
16    imprisonment of not less than 6 years and not more than 60
17    years if the delivery is of 31 or more firearms at the same
18    time or within a 5 year period.
19    (D) For purposes of this Section:
20    "School" means a public or private elementary or secondary
21school, community college, college, or university.
22    "School related activity" means any sporting, social,
23academic, or other activity for which students' attendance or
24participation is sponsored, organized, or funded in whole or in
25part by a school or school district.
26    (E) A prosecution for a violation of paragraph (k) of

 

 

HB5078- 33 -LRB101 18675 RLC 68130 b

1subsection (A) of this Section may be commenced within 6 years
2after the commission of the offense. A prosecution for a
3violation of this Section other than paragraph (g) of
4subsection (A) of this Section may be commenced within 5 years
5after the commission of the offense defined in the particular
6paragraph.
7(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15;
899-642, eff. 7-28-16; 100-606, eff. 1-1-19.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.