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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,
| ||||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Firearm Owners Identification Card Act is | ||||||||||||||||||||||||||||||||||||
5 | amended by changing Section 8 as follows:
| ||||||||||||||||||||||||||||||||||||
6 | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
| ||||||||||||||||||||||||||||||||||||
7 | Sec. 8. The Department of State Police has authority to | ||||||||||||||||||||||||||||||||||||
8 | deny an
application for or to revoke and seize a Firearm | ||||||||||||||||||||||||||||||||||||
9 | Owner's Identification
Card previously issued under this Act | ||||||||||||||||||||||||||||||||||||
10 | only if the Department finds that the
applicant or the person | ||||||||||||||||||||||||||||||||||||
11 | to whom such card was issued is or was at the time
of issuance:
| ||||||||||||||||||||||||||||||||||||
12 | (a) A person under 21 years of age who has been convicted | ||||||||||||||||||||||||||||||||||||
13 | of a
misdemeanor other than a traffic offense or adjudged | ||||||||||||||||||||||||||||||||||||
14 | delinquent;
| ||||||||||||||||||||||||||||||||||||
15 | (b) A person under 21 years of age who does not have the | ||||||||||||||||||||||||||||||||||||
16 | written consent
of his parent or guardian to acquire and | ||||||||||||||||||||||||||||||||||||
17 | possess firearms and firearm
ammunition, or whose parent or | ||||||||||||||||||||||||||||||||||||
18 | guardian has revoked such written consent,
or where such parent | ||||||||||||||||||||||||||||||||||||
19 | or guardian does not qualify to have a Firearm Owner's
| ||||||||||||||||||||||||||||||||||||
20 | Identification Card;
| ||||||||||||||||||||||||||||||||||||
21 | (c) A person convicted of a felony under the laws of this | ||||||||||||||||||||||||||||||||||||
22 | or any other
jurisdiction;
| ||||||||||||||||||||||||||||||||||||
23 | (d) A person addicted to narcotics;
| ||||||||||||||||||||||||||||||||||||
24 | (e) A person who has been a patient of a mental institution | ||||||||||||||||||||||||||||||||||||
25 | within the
past 5 years;
| ||||||||||||||||||||||||||||||||||||
26 | (f) A person whose mental condition is of such a nature | ||||||||||||||||||||||||||||||||||||
27 | that it poses
a clear and present danger to the applicant, any | ||||||||||||||||||||||||||||||||||||
28 | other person or persons or
the community;
| ||||||||||||||||||||||||||||||||||||
29 | For the purposes of this Section, "mental condition" means | ||||||||||||||||||||||||||||||||||||
30 | a state of
mind manifested by violent, suicidal, threatening or | ||||||||||||||||||||||||||||||||||||
31 | assaultive behavior.
| ||||||||||||||||||||||||||||||||||||
32 | (g) A person who is mentally retarded;
|
| |||||||
| |||||||
1 | (h) A person who intentionally makes a false statement in | ||||||
2 | the Firearm
Owner's Identification Card application;
| ||||||
3 | (i) An alien who is unlawfully present in
the United States | ||||||
4 | under the laws of the United States;
| ||||||
5 | (i-5) An alien who has been admitted to the United States | ||||||
6 | under a
non-immigrant visa (as that term is defined in Section | ||||||
7 | 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. | ||||||
8 | 1101(a)(26))), except that this
subsection (i-5) does not apply | ||||||
9 | to any alien who has been lawfully admitted to
the United | ||||||
10 | States under a non-immigrant visa if that alien is:
| ||||||
11 | (1) admitted to the United States for lawful hunting or | ||||||
12 | sporting purposes;
| ||||||
13 | (2) an official representative of a foreign government | ||||||
14 | who is:
| ||||||
15 | (A) accredited to the United States Government or | ||||||
16 | the Government's
mission to an international | ||||||
17 | organization having its headquarters in the United
| ||||||
18 | States; or
| ||||||
19 | (B) en route to or from another country to which | ||||||
20 | that alien is
accredited;
| ||||||
21 | (3) an official of a foreign government or | ||||||
22 | distinguished foreign visitor
who has been so designated by | ||||||
23 | the Department of State;
| ||||||
24 | (4) a foreign law enforcement officer of a friendly | ||||||
25 | foreign government
entering the United States on official | ||||||
26 | business; or
| ||||||
27 | (5) one who has received a waiver from the Attorney | ||||||
28 | General of the United
States pursuant to 18 U.S.C. | ||||||
29 | 922(y)(3);
| ||||||
30 | (j) A person who is subject to an existing order of | ||||||
31 | protection prohibiting
him or her from possessing a firearm;
| ||||||
32 | (k) A person who has been convicted within the past 5 years | ||||||
33 | of battery,
assault, aggravated assault, violation of an order | ||||||
34 | of protection, or a
substantially similar offense in another | ||||||
35 | jurisdiction, in which a firearm was
used or possessed;
| ||||||
36 | (l) A person who has been convicted of domestic battery or |
| |||||||
| |||||||
1 | a substantially
similar offense in another jurisdiction | ||||||
2 | committed on or after January 1,
1998;
| ||||||
3 | (m) A person who has been convicted within the past 5 years | ||||||
4 | of domestic
battery or a substantially similar offense in | ||||||
5 | another jurisdiction committed
before January 1, 1998;
| ||||||
6 | (n) A person who is prohibited from acquiring or possessing
| ||||||
7 | firearms or firearm ammunition by any Illinois State statute or | ||||||
8 | by federal
law;
| ||||||
9 | (o) A minor subject to a petition filed under Section 5-520 | ||||||
10 | of the
Juvenile Court Act of 1987 alleging that the minor is a | ||||||
11 | delinquent minor for
the commission of an offense that if | ||||||
12 | committed by an adult would be a felony;
or
| ||||||
13 | (p) An adult who had been adjudicated a delinquent minor | ||||||
14 | under the Juvenile
Court Act of 1987 for the commission of an | ||||||
15 | offense that if committed by an
adult would be a felony. | ||||||
16 | The Department of State Police may revoke and seize a | ||||||
17 | Firearm Owner's Identification
Card previously issued under | ||||||
18 | this Act of a person who fails to report the loss or theft of a | ||||||
19 | firearm to the Department within 72 hours after obtaining | ||||||
20 | knowledge of the loss or theft.
| ||||||
21 | (Source: P.A. 92-854, eff. 12-5-02; 93-367, eff. 1-1-04 .)
| ||||||
22 | Section 10. The Criminal Code of 1961 is amended by | ||||||
23 | changing Sections 24-1, 24-1.1, 24-1.6, 24-3, and 24-3.1 and by | ||||||
24 | adding Section 24-4.1 as follows:
| ||||||
25 | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
| ||||||
26 | Sec. 24-1. Unlawful Use of Weapons.
| ||||||
27 | (a) A person commits the offense of unlawful use of weapons | ||||||
28 | when
he knowingly:
| ||||||
29 | (1) Sells, manufactures, purchases, possesses or | ||||||
30 | carries any bludgeon,
black-jack, slung-shot, sand-club, | ||||||
31 | sand-bag, metal knuckles, throwing star,
or any knife, | ||||||
32 | commonly referred to as a switchblade knife, which has a
| ||||||
33 | blade that opens automatically by hand pressure applied to | ||||||
34 | a button,
spring or other device in the handle of the |
| |||||||
| |||||||
1 | knife, or a ballistic knife,
which is a device that propels | ||||||
2 | a knifelike blade as a projectile by means
of a coil | ||||||
3 | spring, elastic material or compressed gas; or
| ||||||
4 | (2) Carries or possesses with intent to use the same | ||||||
5 | unlawfully
against another, a dagger, dirk, billy, | ||||||
6 | dangerous knife, razor,
stiletto, broken bottle or other | ||||||
7 | piece of glass, stun gun or taser or
any other dangerous or | ||||||
8 | deadly weapon or instrument of like character; or
| ||||||
9 | (3) Carries on or about his person or in any vehicle, a | ||||||
10 | tear gas gun
projector or bomb or any object containing | ||||||
11 | noxious liquid gas or
substance, other than an object | ||||||
12 | containing a non-lethal noxious liquid gas
or substance | ||||||
13 | designed solely for personal defense carried by a person 18
| ||||||
14 | years of age or older; or
| ||||||
15 | (4) Carries or possesses in any vehicle or concealed on | ||||||
16 | or about his
person except when on his land or in his own | ||||||
17 | abode or fixed place of
business a
any pistol, revolver, | ||||||
18 | stun gun or taser or other firearm, except
that
this | ||||||
19 | subsection (a) (4) does not apply to or affect | ||||||
20 | transportation of weapons
that meet one of the following | ||||||
21 | conditions:
| ||||||
22 | (i) are broken down in a non-functioning state; or
| ||||||
23 | (ii) are not immediately accessible; or
| ||||||
24 | (iii) are unloaded and enclosed in a case, firearm | ||||||
25 | carrying box,
shipping box, or other container by a | ||||||
26 | person who has been issued a currently
valid Firearm | ||||||
27 | Owner's
Identification Card; or
| ||||||
28 | (5) Sets a spring gun; or
| ||||||
29 | (6) Possesses any device or attachment of any kind | ||||||
30 | designed, used or
intended for use in silencing the report | ||||||
31 | of any firearm; or
| ||||||
32 | (7) Sells, manufactures, purchases, possesses or | ||||||
33 | carries:
| ||||||
34 | (i) a machine gun, which shall be defined for the | ||||||
35 | purposes of this
subsection as any weapon,
which | ||||||
36 | shoots, is designed to shoot, or can be readily |
| |||||||
| |||||||
1 | restored to shoot,
automatically more than one shot | ||||||
2 | without manually reloading by a single
function of the | ||||||
3 | trigger, including the frame or receiver
of any such | ||||||
4 | weapon, or sells, manufactures, purchases, possesses, | ||||||
5 | or
carries any combination of parts designed or | ||||||
6 | intended for
use in converting any weapon into a | ||||||
7 | machine gun, or any combination or
parts from which a | ||||||
8 | machine gun can be assembled if such parts are in the
| ||||||
9 | possession or under the control of a person;
| ||||||
10 | (ii) any rifle having one or
more barrels less than | ||||||
11 | 16 inches in length or a shotgun having one or more
| ||||||
12 | barrels less than 18 inches in length or any weapon | ||||||
13 | made from a rifle or
shotgun, whether by alteration, | ||||||
14 | modification, or otherwise, if such a weapon
as | ||||||
15 | modified has an overall length of less than 26 inches; | ||||||
16 | or
| ||||||
17 | (iii) any
bomb, bomb-shell, grenade, bottle or | ||||||
18 | other container containing an
explosive substance of | ||||||
19 | over one-quarter ounce for like purposes, such
as, but | ||||||
20 | not limited to, black powder bombs and Molotov | ||||||
21 | cocktails or
artillery projectiles; or
| ||||||
22 | (8) Carries or possesses any firearm, stun gun or taser | ||||||
23 | or other
deadly weapon in any place which is licensed to | ||||||
24 | sell intoxicating
beverages, or at any public gathering | ||||||
25 | held pursuant to a license issued
by any governmental body | ||||||
26 | or any public gathering at which an admission
is charged, | ||||||
27 | excluding a place where a showing, demonstration or lecture
| ||||||
28 | involving the exhibition of unloaded firearms is | ||||||
29 | conducted.
| ||||||
30 | This subsection (a)(8) does not apply to any auction or | ||||||
31 | raffle of a firearm
held pursuant to
a license or permit | ||||||
32 | issued by a governmental body, nor does it apply to persons
| ||||||
33 | engaged
in firearm safety training courses; or
| ||||||
34 | (9) Carries or possesses in a vehicle or on or about | ||||||
35 | his person any
pistol, revolver, stun gun or taser or | ||||||
36 | firearm or ballistic knife, when
he is hooded, robed or |
| |||||||
| |||||||
1 | masked in such manner as to conceal his identity; or
| ||||||
2 | (10) Carries or possesses on or about his person, upon | ||||||
3 | any public street,
alley, or other public lands within the | ||||||
4 | corporate limits of a city, village
or incorporated town, | ||||||
5 | except when an invitee thereon or therein, for the
purpose | ||||||
6 | of the display of such weapon or the lawful commerce in | ||||||
7 | weapons, or
except when on his land or in his own abode or | ||||||
8 | fixed place of business, a
any
pistol, revolver, stun gun | ||||||
9 | or taser or other firearm, except that this
subsection (a) | ||||||
10 | (10) does not apply to or affect transportation of weapons | ||||||
11 | that
meet one of the following conditions:
| ||||||
12 | (i) are broken down in a non-functioning state; or
| ||||||
13 | (ii) are not immediately accessible; or
| ||||||
14 | (iii) are unloaded and enclosed in a case, firearm | ||||||
15 | carrying box,
shipping box, or other container by a | ||||||
16 | person who has been issued a currently
valid Firearm | ||||||
17 | Owner's
Identification Card.
| ||||||
18 | A "stun gun or taser", as used in this paragraph (a) | ||||||
19 | means (i) any device
which is powered by electrical | ||||||
20 | charging units, such as, batteries, and
which fires one or | ||||||
21 | several barbs attached to a length of wire and
which, upon | ||||||
22 | hitting a human, can send out a current capable of | ||||||
23 | disrupting
the person's nervous system in such a manner as | ||||||
24 | to render him incapable of
normal functioning or (ii) any | ||||||
25 | device which is powered by electrical
charging units, such | ||||||
26 | as batteries, and which, upon contact with a human or
| ||||||
27 | clothing worn by a human, can send out current capable of | ||||||
28 | disrupting
the person's nervous system in such a manner as | ||||||
29 | to render him incapable
of normal functioning; or
| ||||||
30 | (11) Sells, manufactures or purchases any explosive | ||||||
31 | bullet. For purposes
of this paragraph (a) "explosive | ||||||
32 | bullet" means the projectile portion of
an ammunition | ||||||
33 | cartridge which contains or carries an explosive charge | ||||||
34 | which
will explode upon contact with the flesh of a human | ||||||
35 | or an animal.
"Cartridge" means a tubular metal case having | ||||||
36 | a projectile affixed at the
front thereof and a cap or |
| |||||||
| |||||||
1 | primer at the rear end thereof, with the
propellant | ||||||
2 | contained in such tube between the projectile and the cap; | ||||||
3 | or
| ||||||
4 | (12) (Blank).
| ||||||
5 | (b) Sentence. A person convicted of a violation of | ||||||
6 | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
or | ||||||
7 | subsection 24-1(a)(11) commits a Class A
misdemeanor.
A person | ||||||
8 | convicted of a violation of subsection
24-1(a)(8) or 24-1(a)(9) | ||||||
9 | commits a
Class 4 felony; a person
convicted of a violation of | ||||||
10 | subsection 24-1(a)(6) or 24-1(a)(7)(ii) or (iii)
commits a | ||||||
11 | Class 3 felony. A person convicted of a violation of subsection
| ||||||
12 | 24-1(a)(7)(i) commits a Class 2 felony, unless the weapon is | ||||||
13 | possessed in the
passenger compartment of a motor vehicle as | ||||||
14 | defined in Section 1-146 of the
Illinois Vehicle Code, or on | ||||||
15 | the person, while the weapon is loaded, in which
case it shall | ||||||
16 | be a Class X felony. A person convicted of a
second or | ||||||
17 | subsequent violation of subsection 24-1(a)(4), 24-1(a)(8),
| ||||||
18 | 24-1(a)(9), or
24-1(a)(10) commits a Class 3 felony. The | ||||||
19 | possession of each firearm in violation of subsection | ||||||
20 | 24-1(a)(4) or subsection 24-1(a)(10) constitutes a single and | ||||||
21 | separate violation.
| ||||||
22 | (c) Violations in specific places.
| ||||||
23 | (1) A person who violates subsection 24-1(a)(6) or | ||||||
24 | 24-1(a)(7) in any
school, regardless of the time of day or | ||||||
25 | the time of year, in residential
property owned, operated | ||||||
26 | or managed by a public housing agency or
leased by
a public | ||||||
27 | housing agency as part of a scattered site or mixed-income
| ||||||
28 | development, in a
public park, in a courthouse, on the real | ||||||
29 | property comprising any school,
regardless of the
time of | ||||||
30 | day or the time of year, on residential property owned, | ||||||
31 | operated
or
managed by a public housing agency
or leased by | ||||||
32 | a public housing agency as part of a scattered site or
| ||||||
33 | mixed-income development,
on the real property comprising | ||||||
34 | any
public park, on the real property comprising any | ||||||
35 | courthouse, in any conveyance
owned, leased or contracted | ||||||
36 | by a school to
transport students to or from school or a |
| |||||||
| |||||||
1 | school related activity, or on any
public way within 1,000 | ||||||
2 | feet of the real property comprising any school,
public | ||||||
3 | park, courthouse, or residential property owned, operated, | ||||||
4 | or managed
by a public housing agency
or leased by a public | ||||||
5 | housing agency as part of a scattered site or
mixed-income | ||||||
6 | development
commits a Class 2 felony.
| ||||||
7 | (1.5) A person who violates subsection 24-1(a)(4), | ||||||
8 | 24-1(a)(9), or
24-1(a)(10) 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 | ||||||
16 | public housing agency
or leased by a public housing agency | ||||||
17 | as part of a scattered site or
mixed-income development,
on | ||||||
18 | the 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, or | ||||||
22 | on any public way within
1,000 feet of the real property | ||||||
23 | comprising any school, public park, courthouse,
or | ||||||
24 | residential property owned, operated, or managed by a | ||||||
25 | public
housing agency
or leased by a public housing agency | ||||||
26 | as part of a scattered site or
mixed-income development
| ||||||
27 | commits a Class 3 felony.
| ||||||
28 | (2) A person who violates subsection 24-1(a)(1), | ||||||
29 | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | ||||||
30 | time of day or the time of year, in
residential property | ||||||
31 | owned, operated or managed by a public housing
agency
or | ||||||
32 | leased by a public housing agency as part of a scattered | ||||||
33 | site or
mixed-income development,
in
a public park, in a | ||||||
34 | courthouse, on the real property comprising any school,
| ||||||
35 | regardless of the time of day or the time of year, on | ||||||
36 | residential property
owned, operated or managed by a public |
| |||||||
| |||||||
1 | housing agency
or leased by a public housing agency as part | ||||||
2 | of a scattered site or
mixed-income development,
on the | ||||||
3 | real property
comprising any public park, on the real | ||||||
4 | property comprising any courthouse, in
any conveyance | ||||||
5 | owned, leased or contracted by a school to transport | ||||||
6 | students
to or from school or a school related activity, or | ||||||
7 | on any public way within
1,000 feet of the real property | ||||||
8 | comprising any school, public park, courthouse,
or | ||||||
9 | residential property owned, operated, or managed by a | ||||||
10 | public
housing agency or leased by a public housing agency | ||||||
11 | as part of a scattered
site or mixed-income development | ||||||
12 | commits a Class 4 felony. "Courthouse"
means any building | ||||||
13 | that is used by the Circuit, Appellate, or Supreme Court of
| ||||||
14 | this State for the conduct of official business.
| ||||||
15 | (3) Paragraphs (1), (1.5), and (2) of this subsection | ||||||
16 | (c) shall not
apply to law
enforcement officers or security | ||||||
17 | officers of such school, college, or
university or to | ||||||
18 | students carrying or possessing firearms for use in | ||||||
19 | training
courses, parades, hunting, target shooting on | ||||||
20 | school ranges, or otherwise with
the consent of school | ||||||
21 | authorities and which firearms are transported unloaded
| ||||||
22 | enclosed in a suitable case, box, or transportation | ||||||
23 | package.
| ||||||
24 | (4) For the purposes of this subsection (c), "school" | ||||||
25 | means any public or
private elementary or secondary school, | ||||||
26 | community college, college, or
university.
| ||||||
27 | (d) The presence in an automobile other than a public | ||||||
28 | omnibus of any
weapon, instrument or substance referred to in | ||||||
29 | subsection (a)(7) is
prima facie evidence that it is in the | ||||||
30 | possession of, and is being
carried by, all persons occupying | ||||||
31 | such automobile at the time such
weapon, instrument or | ||||||
32 | substance is found, except under the following
circumstances: | ||||||
33 | (i) if such weapon, instrument or instrumentality is
found upon | ||||||
34 | the person of one of the occupants therein; or (ii) if such
| ||||||
35 | weapon, instrument or substance is found in an automobile | ||||||
36 | operated for
hire by a duly licensed driver in the due, lawful |
| |||||||
| |||||||
1 | and proper pursuit of
his trade, then such presumption shall | ||||||
2 | not apply to the driver.
| ||||||
3 | (e) Exemptions. Crossbows, Common or Compound bows and | ||||||
4 | Underwater
Spearguns are exempted from the definition of | ||||||
5 | ballistic knife as defined in
paragraph (1) of subsection (a) | ||||||
6 | of this Section.
| ||||||
7 | (Source: P.A. 90-686, eff. 1-1-99; 91-673, eff. 12-22-99; | ||||||
8 | 91-690, eff. 4-13-00.)
| ||||||
9 | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
| ||||||
10 | Sec. 24-1.1. Unlawful Use or Possession of Weapons by | ||||||
11 | Felons or
Persons in the Custody of the
Department of | ||||||
12 | Corrections Facilities. | ||||||
13 | (a) It is unlawful
for a person to knowingly possess on or | ||||||
14 | about his person or on his land or
in his own abode or fixed | ||||||
15 | place of business a
any weapon prohibited under
Section 24-1 of | ||||||
16 | this Act or a
any firearm or any firearm ammunition if the
| ||||||
17 | person has been convicted of a felony under the laws of this | ||||||
18 | State or any
other jurisdiction. This Section shall not apply | ||||||
19 | if the person has been
granted relief by the Director of the | ||||||
20 | Department of State Police
under Section 10 of the Firearm | ||||||
21 | Owners Identification
Card Act.
| ||||||
22 | (b) It is unlawful for any person confined in a penal | ||||||
23 | institution,
which is a facility of the Illinois Department of | ||||||
24 | Corrections, to possess
a
any weapon prohibited under Section | ||||||
25 | 24-1 of this Code or a
any firearm or
firearm ammunition, | ||||||
26 | regardless of the intent with which he possesses it.
| ||||||
27 | (c) It shall be an affirmative defense to a violation of | ||||||
28 | subsection (b), that such possession was specifically | ||||||
29 | authorized by rule,
regulation, or directive of the Illinois | ||||||
30 | Department of Corrections or order
issued pursuant thereto.
| ||||||
31 | (d) The defense of necessity is not available to a person | ||||||
32 | who is charged
with a violation of subsection (b) of this | ||||||
33 | Section.
| ||||||
34 | (e) Sentence. Violation of this Section by a person not | ||||||
35 | confined
in a penal institution shall be a Class 3 felony
for |
| |||||||
| |||||||
1 | which the person, if sentenced
to a term of imprisonment, shall | ||||||
2 | be sentenced to no less than 2 years and no
more than 10 years. | ||||||
3 | Violation of this Section by a person not confined in a
penal | ||||||
4 | institution who has been convicted of a forcible felony, a | ||||||
5 | felony
violation of Article 24 of this Code or of the Firearm | ||||||
6 | Owners Identification
Card Act, stalking or aggravated | ||||||
7 | stalking, or a Class 2 or greater felony
under the Illinois | ||||||
8 | Controlled Substances Act or the Cannabis Control Act is a
| ||||||
9 | Class 2 felony for which the person, if sentenced to a term of | ||||||
10 | imprisonment,
shall be sentenced to not less than 3 years and | ||||||
11 | not more than 14 years.
Violation of this Section by a person | ||||||
12 | who is on parole or mandatory supervised
release is a Class 2 | ||||||
13 | felony for which the person, if sentenced to a term of
| ||||||
14 | imprisonment, shall be sentenced to not less than 3 years and | ||||||
15 | not more than 14
years. Violation of this Section by a person | ||||||
16 | not confined in a penal
institution is a Class X felony when | ||||||
17 | the firearm possessed is a machine gun.
Any person who violates | ||||||
18 | this Section while confined in a penal
institution, which is a | ||||||
19 | facility of the Illinois Department of
Corrections, is guilty | ||||||
20 | of a Class 1
felony, if he possesses any weapon prohibited | ||||||
21 | under Section 24-1 of this
Code regardless of the intent with | ||||||
22 | which he possesses it, a Class X
felony if he possesses any | ||||||
23 | firearm, firearm ammunition or explosive, and a
Class X felony | ||||||
24 | for which the offender shall be sentenced to not less than 12
| ||||||
25 | years and not more than 50 years when the firearm possessed is | ||||||
26 | a machine
gun. A violation of this Section while wearing or in | ||||||
27 | possession of body armor as defined in Section 33F-1 is a Class | ||||||
28 | X felony punishable by a term of imprisonment of not less than | ||||||
29 | 10 years and not more than 40 years.
The possession of each | ||||||
30 | firearm or firearm ammunition in violation of this Section | ||||||
31 | constitutes a single and separate violation.
| ||||||
32 | (Source: P.A. 93-906, eff. 8-11-04.)
| ||||||
33 | (720 ILCS 5/24-1.6)
| ||||||
34 | Sec. 24-1.6. Aggravated unlawful use of a weapon.
| ||||||
35 | (a) A person commits the offense of aggravated unlawful use |
| |||||||
| |||||||
1 | of a weapon when
he or she knowingly:
| ||||||
2 | (1) Carries on or about his or her person or in any | ||||||
3 | vehicle or concealed
on or about his or her person except | ||||||
4 | when on his or her land or in his or her
abode or fixed | ||||||
5 | place of business a
any pistol, revolver, stun gun or taser | ||||||
6 | or
other firearm; or
| ||||||
7 | (2) Carries or possesses on or about his or her person, | ||||||
8 | upon any public
street, alley, or other public lands within | ||||||
9 | the corporate limits of a city,
village or incorporated | ||||||
10 | town, except when an invitee thereon or therein, for
the | ||||||
11 | purpose of the display of such weapon or the lawful | ||||||
12 | commerce in weapons, or
except when on his or her own land | ||||||
13 | or in his or her own abode or fixed place of
business, a
| ||||||
14 | any pistol, revolver, stun gun or taser or other firearm; | ||||||
15 | and
| ||||||
16 | (3) One of the following factors is present:
| ||||||
17 | (A) the firearm possessed was uncased, loaded and | ||||||
18 | immediately accessible
at the time of the offense; or
| ||||||
19 | (B) the firearm possessed was uncased, unloaded | ||||||
20 | and the ammunition for
the weapon was immediately | ||||||
21 | accessible at the time of the offense; or
| ||||||
22 | (C) the person possessing the firearm has not been | ||||||
23 | issued a currently
valid Firearm Owner's | ||||||
24 | Identification Card; or
| ||||||
25 | (D) the person possessing the weapon was | ||||||
26 | previously adjudicated
a delinquent minor under the | ||||||
27 | Juvenile Court Act of 1987 for an act that if
committed | ||||||
28 | by an adult would be a felony; or
| ||||||
29 | (E) the person possessing the weapon was engaged in | ||||||
30 | a misdemeanor
violation of the Cannabis
Control Act or | ||||||
31 | in a misdemeanor violation of the Illinois Controlled | ||||||
32 | Substances
Act; or
| ||||||
33 | (F) the person possessing the weapon is a member of | ||||||
34 | a
street gang or is engaged in street gang related | ||||||
35 | activity, as defined in
Section 10 of the Illinois | ||||||
36 | Streetgang Terrorism Omnibus Prevention Act; or
|
| |||||||
| |||||||
1 | (G) the person possessing the weapon had a order of | ||||||
2 | protection issued
against him or her within the | ||||||
3 | previous 2 years; or
| ||||||
4 | (H) the person possessing the weapon was engaged in | ||||||
5 | the commission or
attempted commission of
a | ||||||
6 | misdemeanor involving the use or threat of violence | ||||||
7 | against
the person or property of another; or
| ||||||
8 | (I) the person possessing the weapon was under 21 | ||||||
9 | years of age and in
possession of a handgun as defined | ||||||
10 | in Section 24-3, unless the person under 21
is engaged | ||||||
11 | in lawful activities under the Wildlife Code or | ||||||
12 | described in
subsection 24-2(b)(1), (b)(3), or | ||||||
13 | 24-2(f).
| ||||||
14 | (b) "Stun gun or taser" as used in this Section has the | ||||||
15 | same definition
given to it in Section 24-1 of this Code.
| ||||||
16 | (c) This Section does not apply to or affect the | ||||||
17 | transportation or
possession
of weapons that:
| ||||||
18 | (i) are broken down in a non-functioning state; or
| ||||||
19 | (ii) are not immediately accessible; or
| ||||||
20 | (iii) are unloaded and enclosed in a case, firearm | ||||||
21 | carrying box,
shipping box, or other container by a | ||||||
22 | person who has been issued a currently
valid Firearm | ||||||
23 | Owner's
Identification Card.
| ||||||
24 | (d) Sentence. Aggravated unlawful use of a weapon is a | ||||||
25 | Class 4 felony;
a second or subsequent offense is a Class 2 | ||||||
26 | felony. Aggravated unlawful use of
a weapon by a person who has | ||||||
27 | been previously
convicted of a felony in this State or another | ||||||
28 | jurisdiction is a Class 2
felony. Aggravated unlawful use of a | ||||||
29 | weapon while wearing or in possession of body armor as defined | ||||||
30 | in Section 33F-1 by a person who has not been issued a valid | ||||||
31 | Firearms Owner's Identification Card in accordance with | ||||||
32 | Section 5 of the Firearm Owners Identification Card Act is a | ||||||
33 | Class X felony. The possession of each firearm in violation of | ||||||
34 | this Section constitutes a single and separate violation.
| ||||||
35 | (Source: P.A. 93-906, eff. 8-11-04.)
|
| |||||||
| |||||||
1 | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| ||||||
2 | Sec. 24-3. Unlawful Sale of Firearms.
| ||||||
3 | (A) A person commits the offense of unlawful sale of | ||||||
4 | firearms when he
or she knowingly does any of the following:
| ||||||
5 | (a) Sells or gives any firearm of a size which may be | ||||||
6 | concealed upon the
person to any person under 18 years of | ||||||
7 | age.
| ||||||
8 | (b) Sells or gives any firearm to a person under 21 | ||||||
9 | years of age who has
been convicted of a misdemeanor other | ||||||
10 | than a traffic offense or adjudged
delinquent.
| ||||||
11 | (c) Sells or gives any firearm to any narcotic addict.
| ||||||
12 | (d) Sells or gives any firearm to any person who has | ||||||
13 | been convicted of a
felony under the laws of this or any | ||||||
14 | other jurisdiction.
| ||||||
15 | (e) Sells or gives any firearm to any person who has | ||||||
16 | been a patient in a
mental hospital within the past 5 | ||||||
17 | years.
| ||||||
18 | (f) Sells or gives any firearms to any person who is | ||||||
19 | mentally
retarded.
| ||||||
20 | (g) Delivers any firearm of a size which may be | ||||||
21 | concealed upon the
person, incidental to a sale, without | ||||||
22 | withholding delivery of such firearm
for at least 72 hours | ||||||
23 | after application for its purchase has been made, or
| ||||||
24 | delivers any rifle, shotgun or other long gun, incidental | ||||||
25 | to a sale,
without withholding delivery of such rifle, | ||||||
26 | shotgun or other long gun for
at least 24 hours after | ||||||
27 | application for its purchase has been made. The application | ||||||
28 | shall be in writing and shall state: (1) the name of the | ||||||
29 | purchaser, (2) the purchaser's address, (3) that the | ||||||
30 | purchaser has a valid Firearm Owner's Identification Card, | ||||||
31 | and (4) that the firearm may be sold only to the person who | ||||||
32 | initially made the written application for the firearm.
| ||||||
33 | However,
this paragraph (g) does not apply to: (1) the sale | ||||||
34 | of a firearm
to a law enforcement officer if the seller of | ||||||
35 | the firearm knows that the person to whom he or she is | ||||||
36 | selling the firearm is a law enforcement officer or the |
| |||||||
| |||||||
1 | sale of a firearm to a person who desires to purchase a | ||||||
2 | firearm for
use in promoting the public interest incident | ||||||
3 | to his or her employment as a
bank guard, armed truck | ||||||
4 | guard, or other similar employment; (2) a mail
order sale | ||||||
5 | of a firearm to a nonresident of Illinois under which the | ||||||
6 | firearm
is mailed to a point outside the boundaries of | ||||||
7 | Illinois; (3) the sale
of a firearm to a nonresident of | ||||||
8 | Illinois while at a firearm showing or display
recognized | ||||||
9 | by the Illinois Department of State Police; or (4) the sale | ||||||
10 | of a
firearm to a dealer licensed as a federal firearms | ||||||
11 | dealer under Section 923
of the federal Gun Control Act of | ||||||
12 | 1968 (18 U.S.C. 923).
| ||||||
13 | (h) While holding any license
as a dealer,
importer, | ||||||
14 | manufacturer or pawnbroker
under the federal Gun Control | ||||||
15 | Act of 1968,
manufactures, sells or delivers to any | ||||||
16 | unlicensed person a handgun having
a barrel, slide, frame | ||||||
17 | or receiver which is a die casting of zinc alloy or
any | ||||||
18 | other nonhomogeneous metal which will melt or deform at a | ||||||
19 | temperature
of less than 800 degrees Fahrenheit. For | ||||||
20 | purposes of this paragraph, (1)
"firearm" is defined as in | ||||||
21 | the Firearm Owners Identification Card Act; and (2)
| ||||||
22 | "handgun" is defined as a firearm designed to be held
and | ||||||
23 | fired by the use of a single hand, and includes a | ||||||
24 | combination of parts from
which such a firearm can be | ||||||
25 | assembled.
| ||||||
26 | (i) Sells or gives a firearm of any size to any person | ||||||
27 | under 18 years of
age who does not possess a valid Firearm | ||||||
28 | Owner's Identification Card.
| ||||||
29 | (j) Sells or gives a firearm while engaged in the | ||||||
30 | business of selling
firearms at wholesale or retail without | ||||||
31 | being licensed as a federal firearms
dealer under Section | ||||||
32 | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | ||||||
33 | In this paragraph (j):
| ||||||
34 | A person "engaged in the business" means a person who | ||||||
35 | devotes time,
attention, and
labor to
engaging in the | ||||||
36 | activity as a regular course of trade or business with the
|
| |||||||
| |||||||
1 | principal objective of livelihood and profit, but does not | ||||||
2 | include a person who
makes occasional repairs of firearms | ||||||
3 | or who occasionally fits special barrels,
stocks, or | ||||||
4 | trigger mechanisms to firearms.
| ||||||
5 | "With the principal objective of livelihood and | ||||||
6 | profit" means that the
intent
underlying the sale or | ||||||
7 | disposition of firearms is predominantly one of
obtaining | ||||||
8 | livelihood and pecuniary gain, as opposed to other intents, | ||||||
9 | such as
improving or liquidating a personal firearms | ||||||
10 | collection; however, proof of
profit shall not be required | ||||||
11 | as to a person who engages in the regular and
repetitive | ||||||
12 | purchase and disposition of firearms for criminal purposes | ||||||
13 | or
terrorism.
| ||||||
14 | (k) Sells or transfers ownership of a firearm to a | ||||||
15 | person who does not display to the seller or transferor of | ||||||
16 | the firearm a currently valid Firearm Owner's | ||||||
17 | Identification Card that has previously been issued in the | ||||||
18 | transferee's name by the Department of State Police under | ||||||
19 | the provisions of the Firearm Owners Identification Card | ||||||
20 | Act. This paragraph (k) does not apply to the transfer of a | ||||||
21 | firearm to a person who is exempt from the requirement of | ||||||
22 | possessing a Firearm Owner's Identification Card under | ||||||
23 | Section 2 of the Firearm Owners Identification Card Act. | ||||||
24 | For the purposes of this Section, a currently valid Firearm | ||||||
25 | Owner's Identification Card means (i) a Firearm Owner's | ||||||
26 | Identification Card that has not expired or (ii) if the | ||||||
27 | transferor is licensed as a federal firearms dealer under | ||||||
28 | Section 923 of the federal Gun Control Act of 1968 (18 | ||||||
29 | U.S.C. 923), an approval number issued in accordance with | ||||||
30 | Section 3.1 of the Firearm Owners Identification Card Act | ||||||
31 | shall be proof that the Firearm Owner's Identification Card | ||||||
32 | was valid. | ||||||
33 | (B) Paragraph (h) of subsection (A) does not include | ||||||
34 | firearms sold within 6
months after enactment of Public
Act | ||||||
35 | 78-355 (approved August 21, 1973, effective October 1, 1973), | ||||||
36 | nor is any
firearm legally owned or
possessed by any citizen or |
| |||||||
| |||||||
1 | purchased by any citizen within 6 months after the
enactment of | ||||||
2 | Public Act 78-355 subject
to confiscation or seizure under the | ||||||
3 | provisions of that Public Act. Nothing in
Public Act 78-355 | ||||||
4 | shall be construed to prohibit the gift or trade of
any firearm | ||||||
5 | if that firearm was legally held or acquired within 6 months | ||||||
6 | after
the enactment of that Public Act.
| ||||||
7 | (C) Sentence.
| ||||||
8 | (1) Any person convicted of unlawful sale of firearms | ||||||
9 | in violation of
any of paragraphs (c) through (h) of | ||||||
10 | subsection (A) commits a Class
4
felony.
| ||||||
11 | (2) Any person convicted of unlawful sale of firearms | ||||||
12 | in violation of
paragraph (b) or (i) of subsection (A) | ||||||
13 | commits a Class 3 felony.
| ||||||
14 | (3) Any person convicted of unlawful sale of firearms | ||||||
15 | in violation of
paragraph (a) of subsection (A) commits a | ||||||
16 | Class 2 felony.
| ||||||
17 | (4) Any person convicted of unlawful sale of firearms | ||||||
18 | in violation of
paragraph (a), (b), or (i) of subsection | ||||||
19 | (A) in any school, on the real
property comprising a | ||||||
20 | school, within 1,000 feet of the real property comprising
a | ||||||
21 | school, at a school related activity, or on or within 1,000 | ||||||
22 | feet of any
conveyance owned, leased, or contracted by a | ||||||
23 | school or school district to
transport students to or from | ||||||
24 | school or a school related activity,
regardless of the time | ||||||
25 | of day or time of year at which the offense
was committed, | ||||||
26 | commits a Class 1 felony. Any person convicted of a second
| ||||||
27 | or subsequent violation of unlawful sale of firearms in | ||||||
28 | violation of paragraph
(a), (b), or (i) of subsection (A) | ||||||
29 | in any school, on the real property
comprising a school, | ||||||
30 | within 1,000 feet of the real property comprising a
school, | ||||||
31 | at a school related activity, or on or within 1,000 feet of | ||||||
32 | any
conveyance owned, leased, or contracted by a school or | ||||||
33 | school district to
transport students to or from school or | ||||||
34 | a school related activity,
regardless of the time of day or | ||||||
35 | time of year at which the offense
was committed, commits a | ||||||
36 | Class 1 felony for which the sentence shall be a
term of |
| |||||||
| |||||||
1 | imprisonment of no less than 5 years and no more than 15 | ||||||
2 | years.
| ||||||
3 | (5) Any person convicted of unlawful sale of firearms | ||||||
4 | in violation of
paragraph (a) or (i) of subsection (A) in | ||||||
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, in | ||||||
8 | a public
park, in a
courthouse, on residential property | ||||||
9 | owned, operated, or managed by a public
housing agency or | ||||||
10 | leased by a public housing agency as part of a scattered | ||||||
11 | site
or mixed-income development, on the real property | ||||||
12 | comprising any public park,
on the real
property comprising | ||||||
13 | any courthouse, or on any public way within 1,000 feet
of | ||||||
14 | the real property comprising any public park, courthouse, | ||||||
15 | or residential
property owned, operated, or managed by a | ||||||
16 | public housing agency or leased by a
public housing agency | ||||||
17 | as part of a scattered site or mixed-income development
| ||||||
18 | commits a
Class 2 felony.
| ||||||
19 | (6) Any person convicted of unlawful sale of firearms | ||||||
20 | in violation of
paragraph (j) of subsection (A) commits a | ||||||
21 | Class A misdemeanor. A second or
subsequent violation is a | ||||||
22 | Class 4 felony. | ||||||
23 | (7) Any person convicted of unlawful sale of firearms | ||||||
24 | in violation of paragraph (k) of subsection (A) commits a | ||||||
25 | Class 4 felony. A third or subsequent conviction for a | ||||||
26 | violation of paragraph (k) of subsection (A) is a Class 1 | ||||||
27 | felony.
| ||||||
28 | (D) For purposes of this Section:
| ||||||
29 | "School" means a public or private elementary or secondary | ||||||
30 | school,
community college, college, or university.
| ||||||
31 | "School related activity" means any sporting, social, | ||||||
32 | academic, or
other activity for which students' attendance or | ||||||
33 | participation is sponsored,
organized, or funded in whole or in | ||||||
34 | part by a school or school district.
| ||||||
35 | (E) A prosecution for a violation of paragraph (k) of | ||||||
36 | subsection (A) of this Section may be commenced within 6 years |
| |||||||
| |||||||
1 | after the commission of the offense. A prosecution for a | ||||||
2 | violation of this Section other than paragraph (g) of | ||||||
3 | subsection (A) of this Section may be commenced within 5 years | ||||||
4 | after the commission of the offense defined in the particular | ||||||
5 | paragraph.
| ||||||
6 | (Source: P.A. 93-162, eff. 7-10-03; 93-906, eff. 8-11-04.)
| ||||||
7 | (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
| ||||||
8 | Sec. 24-3.1. Unlawful possession of firearms and firearm | ||||||
9 | ammunition.
| ||||||
10 | (a) A person commits the offense of unlawful possession of | ||||||
11 | firearms
or firearm ammunition when:
| ||||||
12 | (1) He is under 18 years of age and has in his | ||||||
13 | possession a
any firearm of
a size which may be concealed | ||||||
14 | upon the person; or
| ||||||
15 | (2) He is under 21 years of age, has been convicted of | ||||||
16 | a misdemeanor
other than a traffic offense or adjudged | ||||||
17 | delinquent and has a firearm
any firearms or
firearm | ||||||
18 | ammunition in his possession; or
| ||||||
19 | (3) He is a narcotic addict and has a firearm
any | ||||||
20 | firearms or firearm ammunition
in his possession; or
| ||||||
21 | (4) He has been a patient in a mental hospital within | ||||||
22 | the past 5 years
and has a firearm
any firearms or firearm | ||||||
23 | ammunition in his possession; or
| ||||||
24 | (5) He is mentally retarded and has a firearm
any | ||||||
25 | firearms or firearm ammunition
in his possession; or
| ||||||
26 | (6) He has in his possession any explosive bullet.
| ||||||
27 | For purposes of this paragraph "explosive bullet" means the | ||||||
28 | projectile
portion of an ammunition cartridge which contains or | ||||||
29 | carries an explosive
charge which will explode upon contact | ||||||
30 | with the flesh of a human or an animal.
"Cartridge" means a | ||||||
31 | tubular metal case having a projectile affixed at the
front | ||||||
32 | thereof and a cap or primer at the rear end thereof, with the | ||||||
33 | propellant
contained in such tube between the projectile and | ||||||
34 | the cap; or
| ||||||
35 | (b) Sentence.
|
| |||||||
| |||||||
1 | Unlawful possession of firearms, other than handguns, and | ||||||
2 | firearm
ammunition is a Class A misdemeanor. Unlawful | ||||||
3 | possession of handguns is a
Class 4 felony. The possession of | ||||||
4 | each firearm or firearm ammunition in violation of this Section | ||||||
5 | constitutes a single and separate violation.
| ||||||
6 | (c) Nothing in paragraph (1) of subsection (a) of this | ||||||
7 | Section prohibits
a person under 18 years of age from | ||||||
8 | participating in any lawful recreational
activity with a | ||||||
9 | firearm such as, but not limited to, practice shooting at
| ||||||
10 | targets upon established public or private target ranges or | ||||||
11 | hunting, trapping,
or fishing in accordance with the Wildlife | ||||||
12 | Code or the Fish and Aquatic Life
Code.
| ||||||
13 | (Source: P.A. 91-696, eff. 4-13-00; 92-839, eff. 8-22-02.)
| ||||||
14 | (720 ILCS 5/24-4.1 new)
| ||||||
15 | Sec. 24-4.1. Report of lost or stolen firearms.
| ||||||
16 | (a) If a person who possesses a valid Firearm Owner's | ||||||
17 | Identification Card and who possesses or acquires a firearm | ||||||
18 | thereafter loses or misplaces the firearm, or if the firearm is | ||||||
19 | stolen from the person, the person must report the loss or | ||||||
20 | theft to the Department of State Police within 72 hours after | ||||||
21 | obtaining knowledge of the loss or theft. | ||||||
22 | (b) Sentence. A person who violates this Section is guilty | ||||||
23 | of a petty offense for a first violation. A second or | ||||||
24 | subsequent violation of this Section is a Class A misdemeanor.
| ||||||
25 | Section 99. Effective date. This Act takes effect upon | ||||||
26 | becoming law.
|