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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||
5 | Sections 24-1.1, 24-1.6, 24-3, 24-3.5, 24-3A, 24-5, and 33F-2 | ||||||
6 | as follows:
| ||||||
7 | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
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8 | Sec. 24-1.1. Unlawful Use or Possession of Weapons by | ||||||
9 | Felons or
Persons in the Custody of the
Department of | ||||||
10 | Corrections Facilities.
| ||||||
11 | (a) It is unlawful
for a person to knowingly possess on or | ||||||
12 | about his person or on his land or
in his own abode or fixed | ||||||
13 | place of business any weapon prohibited under
Section 24-1 of | ||||||
14 | this Act or any firearm or any firearm ammunition if the
person | ||||||
15 | has been convicted of a felony under the laws of this State or | ||||||
16 | any
other jurisdiction. This Section shall not apply if the | ||||||
17 | person has been
granted relief by the Director of the | ||||||
18 | Department of State Police
under Section 10 of the Firearm | ||||||
19 | Owners Identification
Card Act.
| ||||||
20 | (b) It is unlawful for any person confined in a penal | ||||||
21 | institution,
which is a facility of the Illinois Department of | ||||||
22 | Corrections, to possess
any weapon prohibited under Section | ||||||
23 | 24-1 of this Code or any firearm or
firearm ammunition, | ||||||
24 | regardless of the intent with which he possesses it.
| ||||||
25 | (c) It shall be an affirmative defense to a violation of | ||||||
26 | subsection (b), that such possession was specifically | ||||||
27 | authorized by rule,
regulation, or directive of the Illinois | ||||||
28 | Department of Corrections or order
issued pursuant thereto.
| ||||||
29 | (d) The defense of necessity is not available to a person | ||||||
30 | who is charged
with a violation of subsection (b) of this | ||||||
31 | Section.
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32 | (e) Sentence. Violation of this Section by a person not |
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1 | confined
in a penal institution shall be a Class 3 felony
for | ||||||
2 | which the person, if sentenced
to a term of imprisonment, shall | ||||||
3 | be sentenced to no less than 2 years and no
more than 10 years. | ||||||
4 | Violation of this Section by a person not confined in a
penal | ||||||
5 | institution who has been convicted of a forcible felony, a | ||||||
6 | felony
violation of Article 24 of this Code or of the Firearm | ||||||
7 | Owners Identification
Card Act, stalking or aggravated | ||||||
8 | stalking, or a Class 2 or greater felony
under the Illinois | ||||||
9 | Controlled Substances Act or the Cannabis Control Act is a
| ||||||
10 | Class 2 felony for which the person, if sentenced to a term of | ||||||
11 | imprisonment,
shall be sentenced to not less than 3 years and | ||||||
12 | not more than 14 years.
Violation of this Section by a person | ||||||
13 | who is on parole or mandatory supervised
release is a Class 2 | ||||||
14 | felony for which the person, if sentenced to a term of
| ||||||
15 | imprisonment, shall be sentenced to not less than 3 years and | ||||||
16 | not more than 14
years. Violation of this Section by a person | ||||||
17 | not confined in a penal
institution is a Class X felony when | ||||||
18 | the firearm possessed is a machine gun.
Any person who violates | ||||||
19 | this Section while confined in a penal
institution, which is a | ||||||
20 | facility of the Illinois Department of
Corrections, is guilty | ||||||
21 | of a Class 1
felony, if he possesses any weapon prohibited | ||||||
22 | under Section 24-1 of this
Code regardless of the intent with | ||||||
23 | which he possesses it, a Class X
felony if he possesses any | ||||||
24 | firearm, firearm ammunition or explosive, and a
Class X felony | ||||||
25 | for which the offender shall be sentenced to not less than 12
| ||||||
26 | years and not more than 50 years when the firearm possessed is | ||||||
27 | a machine
gun. A violation of this Section while wearing or in | ||||||
28 | possession of body armor as defined in Section 33F-1 is a Class | ||||||
29 | X felony punishable by a term of imprisonment of not less than | ||||||
30 | 10 years and not more than 40 years.
| ||||||
31 | (Source: P.A. 91-544, eff. 1-1-00.)
| ||||||
32 | (720 ILCS 5/24-1.6)
| ||||||
33 | Sec. 24-1.6. Aggravated unlawful use of a weapon.
| ||||||
34 | (a) A person commits the offense of aggravated unlawful use | ||||||
35 | of a weapon when
he or she knowingly:
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1 | (1) Carries on or about his or her person or in any | ||||||
2 | vehicle or concealed
on or about his or her person except | ||||||
3 | when on his or her land or in his or her
abode or fixed | ||||||
4 | place of business any pistol, revolver, stun gun or taser | ||||||
5 | or
other firearm; or
| ||||||
6 | (2) Carries or possesses on or about his or her person, | ||||||
7 | upon any public
street, alley, or other public lands within | ||||||
8 | the corporate limits of a city,
village or incorporated | ||||||
9 | town, except when an invitee thereon or therein, for
the | ||||||
10 | purpose of the display of such weapon or the lawful | ||||||
11 | commerce in weapons, or
except when on his or her own land | ||||||
12 | or in his or her own abode or fixed place of
business, any | ||||||
13 | pistol, revolver, stun gun or taser or other firearm; and
| ||||||
14 | (3) One of the following factors is present:
| ||||||
15 | (A) the firearm possessed was uncased, loaded and | ||||||
16 | immediately accessible
at the time of the offense; or
| ||||||
17 | (B) the firearm possessed was uncased, unloaded | ||||||
18 | and the ammunition for
the weapon was immediately | ||||||
19 | accessible at the time of the offense; or
| ||||||
20 | (C) the person possessing the firearm has not been | ||||||
21 | issued a currently
valid Firearm Owner's | ||||||
22 | Identification Card; or
| ||||||
23 | (D) the person possessing the weapon was | ||||||
24 | previously adjudicated
a delinquent minor under the | ||||||
25 | Juvenile Court Act of 1987 for an act that if
committed | ||||||
26 | by an adult would be a felony; or
| ||||||
27 | (E) the person possessing the weapon was engaged in | ||||||
28 | a misdemeanor
violation of the Cannabis
Control Act or | ||||||
29 | in a misdemeanor violation of the Illinois Controlled | ||||||
30 | Substances
Act; or
| ||||||
31 | (F) the person possessing the weapon is a member of | ||||||
32 | a
street gang or is engaged in street gang related | ||||||
33 | activity, as defined in
Section 10 of the Illinois | ||||||
34 | Streetgang Terrorism Omnibus Prevention Act; or
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35 | (G) the person possessing the weapon had a order of | ||||||
36 | protection issued
against him or her within the |
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1 | previous 2 years; or
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2 | (H) the person possessing the weapon was engaged in | ||||||
3 | the commission or
attempted commission of
a | ||||||
4 | misdemeanor involving the use or threat of violence | ||||||
5 | against
the person or property of another; or
| ||||||
6 | (I) the person possessing the weapon was under 21 | ||||||
7 | years of age and in
possession of a handgun as defined | ||||||
8 | in Section 24-3, unless the person under 21
is engaged | ||||||
9 | in lawful activities under the Wildlife Code or | ||||||
10 | described in
subsection 24-2(b)(1), (b)(3), or | ||||||
11 | 24-2(f).
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12 | (b) "Stun gun or taser" as used in this Section has the | ||||||
13 | same definition
given to it in Section 24-1 of this Code.
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14 | (c) This Section does not apply to or affect the | ||||||
15 | transportation or
possession
of weapons that:
| ||||||
16 | (i) are broken down in a non-functioning state; or
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17 | (ii) are not immediately accessible; or
| ||||||
18 | (iii) are unloaded and enclosed in a case, firearm | ||||||
19 | carrying box,
shipping box, or other container by a | ||||||
20 | person who has been issued a currently
valid Firearm | ||||||
21 | Owner's
Identification Card.
| ||||||
22 | (d) Sentence. Aggravated unlawful use of a weapon is a | ||||||
23 | Class 4 felony;
a second or subsequent offense is a Class 2 | ||||||
24 | felony. Aggravated unlawful use of
a weapon by a person who has | ||||||
25 | been previously
convicted of a felony in this State or another | ||||||
26 | jurisdiction is a Class 2
felony. Aggravated unlawful use of a | ||||||
27 | weapon while wearing or in possession of body armor as defined | ||||||
28 | in Section 33F-1 by a person who has not been issued a valid | ||||||
29 | Firearms Owner's Identification Card in accordance with | ||||||
30 | Section 5 of the Firearm Owners Identification Card Act is a | ||||||
31 | Class X felony.
| ||||||
32 | (Source: P.A. 91-690, eff. 4-13-00.)
| ||||||
33 | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
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34 | Sec. 24-3. Unlawful Sale of Firearms.
| ||||||
35 | (A) A person commits the offense of unlawful sale of |
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1 | firearms when he
or she knowingly does any of the following:
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2 | (a) Sells or gives any firearm of a size which may be | ||||||
3 | concealed upon the
person to any person under 18 years of | ||||||
4 | age.
| ||||||
5 | (b) Sells or gives any firearm to a person under 21 | ||||||
6 | years of age who has
been convicted of a misdemeanor other | ||||||
7 | than a traffic offense or adjudged
delinquent.
| ||||||
8 | (c) Sells or gives any firearm to any narcotic addict.
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9 | (d) Sells or gives any firearm to any person who has | ||||||
10 | been convicted of a
felony under the laws of this or any | ||||||
11 | other jurisdiction.
| ||||||
12 | (e) Sells or gives any firearm to any person who has | ||||||
13 | been a patient in a
mental hospital within the past 5 | ||||||
14 | years.
| ||||||
15 | (f) Sells or gives any firearms to any person who is | ||||||
16 | mentally
retarded.
| ||||||
17 | (g) Delivers any firearm of a size which may be | ||||||
18 | concealed upon the
person, incidental to a sale, without | ||||||
19 | withholding delivery of such firearm
for at least 72 hours | ||||||
20 | after application for its purchase has been made, or
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21 | delivers any rifle, shotgun or other long gun, incidental | ||||||
22 | to a sale,
without withholding delivery of such rifle, | ||||||
23 | shotgun or other long gun for
at least 24 hours after | ||||||
24 | application for its purchase has been made. However,
this | ||||||
25 | paragraph (g) does not apply to: (1) the sale of a firearm
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26 | to a law enforcement officer or a person who desires to | ||||||
27 | purchase a firearm for
use in promoting the public interest | ||||||
28 | incident to his or her employment as a
bank guard, armed | ||||||
29 | truck guard, or other similar employment; (2) a mail
order | ||||||
30 | sale of a firearm to a nonresident of Illinois under which | ||||||
31 | the firearm
is mailed to a point outside the boundaries of | ||||||
32 | Illinois; (3) the sale
of a firearm to a nonresident of | ||||||
33 | Illinois while at a firearm showing or display
recognized | ||||||
34 | by the Illinois Department of State Police; or (4) the sale | ||||||
35 | of a
firearm to a dealer licensed as a federal firearms | ||||||
36 | dealer under Section 923
of the federal Gun Control Act of |
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1 | 1968 (18 U.S.C. 923).
| ||||||
2 | (h) While holding any license
as a dealer,
importer, | ||||||
3 | manufacturer or pawnbroker
under the federal Gun Control | ||||||
4 | Act of 1968,
manufactures, sells or delivers to any | ||||||
5 | unlicensed person a handgun having
a barrel, slide, frame | ||||||
6 | or receiver which is a die casting of zinc alloy or
any | ||||||
7 | other nonhomogeneous metal which will melt or deform at a | ||||||
8 | temperature
of less than 800 degrees Fahrenheit. For | ||||||
9 | purposes of this paragraph, (1)
"firearm" is defined as in | ||||||
10 | the Firearm Owners Identification Card Act; and (2)
| ||||||
11 | "handgun" is defined as a firearm designed to be held
and | ||||||
12 | fired by the use of a single hand, and includes a | ||||||
13 | combination of parts from
which such a firearm can be | ||||||
14 | assembled.
| ||||||
15 | (i) Sells or gives a firearm of any size to any person | ||||||
16 | under 18 years of
age who does not possess a valid Firearm | ||||||
17 | Owner's Identification Card.
| ||||||
18 | (j) Sells or gives a firearm while engaged in the | ||||||
19 | business of selling
firearms at wholesale or retail without | ||||||
20 | being licensed as a federal firearms
dealer under Section | ||||||
21 | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | ||||||
22 | In this paragraph (j):
| ||||||
23 | A person "engaged in the business" means a person who | ||||||
24 | devotes time,
attention, and
labor to
engaging in the | ||||||
25 | activity as a regular course of trade or business with the
| ||||||
26 | principal objective of livelihood and profit, but does not | ||||||
27 | include a person who
makes occasional repairs of firearms | ||||||
28 | or who occasionally fits special barrels,
stocks, or | ||||||
29 | trigger mechanisms to firearms.
| ||||||
30 | "With the principal objective of livelihood and | ||||||
31 | profit" means that the
intent
underlying the sale or | ||||||
32 | disposition of firearms is predominantly one of
obtaining | ||||||
33 | livelihood and pecuniary gain, as opposed to other intents, | ||||||
34 | such as
improving or liquidating a personal firearms | ||||||
35 | collection; however, proof of
profit shall not be required | ||||||
36 | as to a person who engages in the regular and
repetitive |
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| |||||||
1 | purchase and disposition of firearms for criminal purposes | ||||||
2 | or
terrorism.
| ||||||
3 | (k) Sells or transfers ownership of a firearm to a | ||||||
4 | person who does not display to the seller or transferor of | ||||||
5 | the firearm a currently valid Firearm Owner's | ||||||
6 | Identification Card that has previously been issued in the | ||||||
7 | transferee's name by the Department of State Police under | ||||||
8 | the provisions of the Firearm Owners Identification Card | ||||||
9 | Act. This paragraph (k) does not apply to the transfer of a | ||||||
10 | firearm to a person who is exempt from the requirement of | ||||||
11 | possessing a Firearm Owner's Identification Card under | ||||||
12 | Section 2 of the Firearm Owners Identification Card Act. | ||||||
13 | For the purposes of this Section, a currently valid Firearm | ||||||
14 | Owner's Identification Card means (i) a Firearm Owner's | ||||||
15 | Identification Card that has not expired or (ii) if the | ||||||
16 | transferor is licensed as a federal firearms dealer under | ||||||
17 | Section 923 of the federal Gun Control Act of 1968 (18 | ||||||
18 | U.S.C. 923), an approval number issued in accordance with | ||||||
19 | Section 3.1 of the Firearm Owners Identification Card Act | ||||||
20 | shall be proof that the Firearm Owner's Identification Card | ||||||
21 | was valid. | ||||||
22 | (B) Paragraph (h) of subsection (A) does not include | ||||||
23 | firearms sold within 6
months after enactment of Public
Act | ||||||
24 | 78-355 (approved August 21, 1973, effective October 1, 1973), | ||||||
25 | nor is any
firearm legally owned or
possessed by any citizen or | ||||||
26 | purchased by any citizen within 6 months after the
enactment of | ||||||
27 | Public Act 78-355 subject
to confiscation or seizure under the | ||||||
28 | provisions of that Public Act. Nothing in
Public Act 78-355 | ||||||
29 | shall be construed to prohibit the gift or trade of
any firearm | ||||||
30 | if that firearm was legally held or acquired within 6 months | ||||||
31 | after
the enactment of that Public Act.
| ||||||
32 | (C) Sentence.
| ||||||
33 | (1) Any person convicted of unlawful sale of firearms | ||||||
34 | in violation of
any of paragraphs (c) through (h) of | ||||||
35 | subsection (A) commits a Class
4
felony.
| ||||||
36 | (2) Any person convicted of unlawful sale of firearms |
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1 | in violation of
paragraph (b) or (i) of subsection (A) | ||||||
2 | commits a Class 3 felony.
| ||||||
3 | (3) Any person convicted of unlawful sale of firearms | ||||||
4 | in violation of
paragraph (a) of subsection (A) commits a | ||||||
5 | Class 2 felony.
| ||||||
6 | (4) Any person convicted of unlawful sale of firearms | ||||||
7 | in violation of
paragraph (a), (b), or (i) of subsection | ||||||
8 | (A) in any school, on the real
property comprising a | ||||||
9 | school, within 1,000 feet of the real property comprising
a | ||||||
10 | school, at a school related activity, or on or within 1,000 | ||||||
11 | feet of any
conveyance owned, leased, or contracted by a | ||||||
12 | school or school district to
transport students to or from | ||||||
13 | school or a school related activity,
regardless of the time | ||||||
14 | of day or time of year at which the offense
was committed, | ||||||
15 | commits a Class 1 felony. Any person convicted of a second
| ||||||
16 | or subsequent violation of unlawful sale of firearms in | ||||||
17 | violation of paragraph
(a), (b), or (i) of subsection (A) | ||||||
18 | in any school, on the real property
comprising a school, | ||||||
19 | within 1,000 feet of the real property comprising a
school, | ||||||
20 | at a school related activity, or on or within 1,000 feet of | ||||||
21 | any
conveyance owned, leased, or contracted by a school or | ||||||
22 | school district to
transport students to or from school or | ||||||
23 | a school related activity,
regardless of the time of day or | ||||||
24 | time of year at which the offense
was committed, commits a | ||||||
25 | Class 1 felony for which the sentence shall be a
term of | ||||||
26 | imprisonment of no less than 5 years and no more than 15 | ||||||
27 | years.
| ||||||
28 | (5) Any person convicted of unlawful sale of firearms | ||||||
29 | in violation of
paragraph (a) or (i) of subsection (A) in | ||||||
30 | residential property owned,
operated, or managed by a | ||||||
31 | public housing agency or leased by a public housing
agency | ||||||
32 | as part of a scattered site or mixed-income development, in | ||||||
33 | a public
park, in a
courthouse, on residential property | ||||||
34 | owned, operated, or managed by a public
housing agency or | ||||||
35 | leased by a public housing agency as part of a scattered | ||||||
36 | site
or mixed-income development, on the real property |
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| |||||||
1 | comprising any public park,
on the real
property comprising | ||||||
2 | any courthouse, or on any public way within 1,000 feet
of | ||||||
3 | the real property comprising any public park, courthouse, | ||||||
4 | or residential
property owned, operated, or managed by a | ||||||
5 | public housing agency or leased by a
public housing agency | ||||||
6 | as part of a scattered site or mixed-income development
| ||||||
7 | commits a
Class 2 felony.
| ||||||
8 | (6) Any person convicted of unlawful sale of firearms | ||||||
9 | in violation of
paragraph (j) of subsection (A) commits a | ||||||
10 | Class A misdemeanor. A second or
subsequent violation is a | ||||||
11 | Class 4 felony. | ||||||
12 | (7) Any person convicted of unlawful sale of firearms | ||||||
13 | in violation of paragraph (k) of subsection (A) commits a | ||||||
14 | Class 4 felony. A third or subsequent conviction for a | ||||||
15 | violation of paragraph (k) of subsection (A) is a Class 1 | ||||||
16 | felony.
| ||||||
17 | (D) For purposes of this Section:
| ||||||
18 | "School" means a public or private elementary or secondary | ||||||
19 | school,
community college, college, or university.
| ||||||
20 | "School related activity" means any sporting, social, | ||||||
21 | academic, or
other activity for which students' attendance or | ||||||
22 | participation is sponsored,
organized, or funded in whole or in | ||||||
23 | part by a school or school district.
| ||||||
24 | (E) A prosecution for a violation of paragraph (k) of | ||||||
25 | subsection (A) of this Section may be commenced within 10 years | ||||||
26 | after the commission of the offense. A prosecution for a | ||||||
27 | violation of this Section other than paragraph (g) of | ||||||
28 | subsection (A) of this Section may be commenced within 5 years | ||||||
29 | after the commission of the offense defined in the particular | ||||||
30 | paragraph.
| ||||||
31 | (Source: P.A. 93-162, eff. 7-10-03.)
| ||||||
32 | (720 ILCS 5/24-3.5)
| ||||||
33 | Sec. 24-3.5. Unlawful purchase of a firearm.
| ||||||
34 | (a) For purposes of this Section,
"firearms transaction | ||||||
35 | record form" means a form:
|
| |||||||
| |||||||
1 | (1) executed by a transferee
of a firearm stating: (i) | ||||||
2 | the transferee's name and address (including county
or | ||||||
3 | similar political subdivision); (ii) whether the | ||||||
4 | transferee is a citizen of
the United States;
(iii) the | ||||||
5 | transferee's State of residence; and (iv) the date and | ||||||
6 | place of
birth, height, weight, and race of the transferee; | ||||||
7 | and
| ||||||
8 | (2) on which the transferee certifies that he or she is | ||||||
9 | not
prohibited by federal law from transporting or shipping | ||||||
10 | a firearm
in interstate or foreign commerce or receiving a | ||||||
11 | firearm that has been shipped
or transported in interstate | ||||||
12 | or foreign commerce or possessing a firearm in or
affecting | ||||||
13 | commerce.
| ||||||
14 | (b) A person commits the offense of unlawful purchase of a | ||||||
15 | firearm who
knowingly purchases or attempts to purchase a
| ||||||
16 | firearm with the intent to deliver that firearm to another | ||||||
17 | person who
is prohibited by federal or State law from | ||||||
18 | possessing a firearm.
| ||||||
19 | (c) A person commits the offense of unlawful purchase of a | ||||||
20 | firearm when he
or she, in purchasing or attempting to purchase | ||||||
21 | a firearm, intentionally
provides false or
misleading | ||||||
22 | information on a United States Department of the Treasury, | ||||||
23 | Bureau of
Alcohol, Tobacco and Firearms firearms transaction | ||||||
24 | record form.
| ||||||
25 | (d) Exemption. It is not a violation of subsection (b) of | ||||||
26 | this Section for a
person to make a gift or loan of a firearm to | ||||||
27 | a
person who is not
prohibited by federal or State law from | ||||||
28 | possessing a firearm
if the transfer of the firearm
is made in | ||||||
29 | accordance with Section 3 of the Firearm Owners Identification | ||||||
30 | Card
Act.
| ||||||
31 | (e) Sentence.
| ||||||
32 | (1) A person who commits the offense of unlawful | ||||||
33 | purchase of a
firearm:
| ||||||
34 | (A) is guilty of a Class 4 felony for purchasing or | ||||||
35 | attempting to
purchase one firearm;
| ||||||
36 | (B) is guilty of a Class 3 felony for purchasing or |
| |||||||
| |||||||
1 | attempting to
purchase not less than 2
firearms and not | ||||||
2 | more than 5 firearms at the same time or within a one
| ||||||
3 | year period;
| ||||||
4 | (C) is guilty of a Class 2 felony for purchasing or | ||||||
5 | attempting to
purchase not less than 6
firearms and not | ||||||
6 | more than 10 firearms at the same time or within a 2
| ||||||
7 | year period;
| ||||||
8 | (D) is guilty of a Class 1 felony for purchasing or | ||||||
9 | attempting to
purchase not less than
11 firearms and | ||||||
10 | not more than 20 firearms at the same time or within a | ||||||
11 | 3
year period;
| ||||||
12 | (E) is guilty of a Class X felony for which the | ||||||
13 | person shall be
sentenced to a term of imprisonment of | ||||||
14 | not less than 6 years and not more
than 30 years for | ||||||
15 | purchasing or attempting to purchase
not less than 21 | ||||||
16 | firearms and not more
than 30 firearms at the same time | ||||||
17 | or within a 4 year period;
| ||||||
18 | (F) is guilty of a Class X felony for which the | ||||||
19 | person shall be
sentenced to a term of imprisonment of | ||||||
20 | not less than 6 years and not
more than 40 years for | ||||||
21 | purchasing or attempting to purchase
not less than 31 | ||||||
22 | firearms and not
more than 40 firearms at the same time | ||||||
23 | or within a 5 year period;
| ||||||
24 | (G) is guilty of a Class X felony for which the | ||||||
25 | person shall be
sentenced to a term of imprisonment of | ||||||
26 | not less than 6 years and not
more than 50 years for | ||||||
27 | purchasing or attempting to purchase
more than 40 | ||||||
28 | firearms at the same
time or within a 6 year period.
| ||||||
29 | (2) In addition to any other penalty that may be | ||||||
30 | imposed for a violation
of this Section, the court may | ||||||
31 | sentence a person convicted of a violation of
subsection | ||||||
32 | (c) of this Section to a fine not to exceed $250,000 for | ||||||
33 | each
violation.
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34 | (f) A prosecution for unlawful purchase of a firearm may be | ||||||
35 | commenced within 10 years after the commission of the offense.
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36 | (Source: P.A. 93-451, eff. 8-7-03.)
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1 | (720 ILCS 5/24-3A)
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2 | Sec. 24-3A. Gunrunning.
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3 | (a) A person commits gunrunning when he or she transfers 3 | ||||||
4 | or
more firearms in violation of any of the paragraphs of | ||||||
5 | Section 24-3 of this
Code.
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6 | (b) Sentence. A person who commits gunrunning : | ||||||
7 | (1) is guilty of a Class 1
felony ; | ||||||
8 | (2) is guilty of a Class X felony for which the | ||||||
9 | sentence shall be a term of imprisonment of not less than 8 | ||||||
10 | years and not more than 40 years if the transfer is of not | ||||||
11 | less than 11 firearms and not more than 20 firearms; | ||||||
12 | (3) is guilty of a Class X felony for which the | ||||||
13 | sentence shall be a term of imprisonment of not less than | ||||||
14 | 10 years and not more than 50 years if the transfer is of | ||||||
15 | more than 20 firearms . | ||||||
16 | A person who commits gunrunning by transferring firearms to a | ||||||
17 | person
who, at the time of the commission of the offense, is | ||||||
18 | under 18 years of age is
guilty of a Class X felony.
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19 | (Source: P.A. 91-13, eff. 1-1-00; 91-696, eff. 4-13-00.)
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20 | (720 ILCS 5/24-5) (from Ch. 38, par. 24-5)
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21 | Sec. 24-5. Defacing
identification marks of firearms.
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22 | (a) Any person who shall knowingly or intentionally change, | ||||||
23 | alter,
remove or obliterate the name of
the importer's or | ||||||
24 | manufacturer's serial number
maker, model, manufacturer's | ||||||
25 | number or other mark of identification of
any firearm commits a | ||||||
26 | Class 2 felony.
| ||||||
27 | (b) A person who possesses
Possession of any firearm upon | ||||||
28 | which any such importer's or manufacturer's serial number has
| ||||||
29 | mark shall have been
changed, altered, removed or obliterated | ||||||
30 | commits a Class 3 felony
shall be
prima facie evidence that
the | ||||||
31 | possessor has changed, altered, removed or obliterated the | ||||||
32 | same .
| ||||||
33 | (c) Nothing in this Section shall prevent a person from | ||||||
34 | making repairs, replacement of parts, or other changes to a |
| |||||||
| |||||||
1 | firearm if those repairs, replacement of parts, or changes | ||||||
2 | cause the removal of the name of the maker, model, or other | ||||||
3 | marks of identification other than the serial number on the | ||||||
4 | firearm's frame or receiver. | ||||||
5 | (d) A prosecution for a violation of this Section may be | ||||||
6 | commenced within 10 years after the commission of the offense.
| ||||||
7 | (Source: P.A. 91-696, eff. 4-13-00.)
| ||||||
8 | (720 ILCS 5/33F-2) (from Ch. 38, par. 33F-2)
| ||||||
9 | Sec. 33F-2. Unlawful use of body armor. A person commits | ||||||
10 | the
offense of unlawful use of body armor when he knowingly | ||||||
11 | wears body armor
and is in possession of a dangerous weapon , | ||||||
12 | other than a firearm, in the commission or attempted
commission | ||||||
13 | of any offense.
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14 | (Source: P.A. 87-521.)
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15 | Section 10. The Marks and Serial Numbers Act is amended by | ||||||
16 | changing Section 1 as follows:
| ||||||
17 | (720 ILCS 335/1) (from Ch. 121 1/2, par. 157.13)
| ||||||
18 | Sec. 1. Any person who removes, alters, defaces, covers or | ||||||
19 | destroys the
manufacturers' serial number or any other | ||||||
20 | manufacturers' number or
distinguishing identification mark | ||||||
21 | upon any machine or other article of
merchandise, other than a | ||||||
22 | motor vehicle as defined in Section 1-146 of the
Illinois | ||||||
23 | Vehicle Code or a firearm as defined in the Firearm Owners | ||||||
24 | Identification Card Act , for the purpose of concealing or | ||||||
25 | destroying the
identity of such machine or other article of | ||||||
26 | merchandise shall be guilty of
a Class B misdemeanor.
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27 | (Source: P.A. 78-255 .)
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28 | Section 99. Effective date. This Act takes effect upon | ||||||
29 | becoming law.
|