Full Text of SB0219 94th General Assembly
SB0219 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB0219
Introduced 2/2/2005, by Sen. Don Harmon SYNOPSIS AS INTRODUCED: |
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430 ILCS 65/8 |
from Ch. 38, par. 83-8 |
720 ILCS 5/24-1 |
from Ch. 38, par. 24-1 |
720 ILCS 5/24-1.1 |
from Ch. 38, par. 24-1.1 |
720 ILCS 5/24-1.6 |
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720 ILCS 5/24-3 |
from Ch. 38, par. 24-3 |
720 ILCS 5/24-3.1 |
from Ch. 38, par. 24-3.1 |
720 ILCS 5/24-4.1 new |
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Amends the Firearm Owners Identification Card Act. Provides that the Department of State Police may revoke the Firearm Owner's Identification Card of a person who fails to report the loss or theft of a firearm to the Department within 72 hours after obtaining knowledge of the loss or theft. Amends the Criminal Code of 1961. Provides that the possession of each firearm in violation of various laws concerning the unlawful use of weapons, unlawful use or possession of firearms by a felon, unlawful possession of firearms or firearm ammunition, and aggravated unlawful use of a weapon constitutes a single and separate violation. Provides that the exemption from the waiting period for the sale of a firearm to a law enforcement officer applies only if the seller knew that the person to whom he or she was selling the firearm was a law enforcement officer. Provides that the application for the purchase of a firearm shall be in writing and shall state: (1) the name of the purchaser, (2) the purchaser's address, (3) that the purchaser has a valid Firearm Owner's Identification Card, and (4) that the firearm may be sold only to the person who initially made the written application for the firearm. Provides that if a person who possesses a valid Firearm Owner's Identification Card and who acquires a firearm thereafter loses the firearm, or if the firearm is stolen, the person must report the loss or theft to the Department of State Police within 72 hours after obtaining knowledge of the loss or theft. Provides that the failure to report the loss or theft is a petty offense for a first violation and a Class A misdemeanor for a second or subsequent violation. Effective immediately.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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SB0219 |
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LRB094 06320 RLC 36395 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Firearm Owners Identification Card Act is | 5 |
| amended by changing Section 8 as follows:
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| (430 ILCS 65/8) (from Ch. 38, par. 83-8)
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| 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:
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| (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;
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| (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
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| Identification Card;
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| (c) A person convicted of a felony under the laws of this | 22 |
| or any other
jurisdiction;
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| (d) A person addicted to narcotics;
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| (e) A person who has been a patient of a mental institution | 25 |
| within the
past 5 years;
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| (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;
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| For the purposes of this Section, "mental condition" means | 30 |
| a state of
mind manifested by violent, suicidal, threatening or | 31 |
| assaultive behavior.
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| (g) A person who is mentally retarded;
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| (h) A person who intentionally makes a false statement in | 2 |
| the Firearm
Owner's Identification Card application;
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| (i) An alien who is unlawfully present in
the United States | 4 |
| under the laws of the United States;
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| (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:
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| (1) admitted to the United States for lawful hunting or | 12 |
| sporting purposes;
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| (2) an official representative of a foreign government | 14 |
| who is:
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| (A) accredited to the United States Government or | 16 |
| the Government's
mission to an international | 17 |
| organization having its headquarters in the United
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| States; or
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| (B) en route to or from another country to which | 20 |
| that alien is
accredited;
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| (3) an official of a foreign government or | 22 |
| distinguished foreign visitor
who has been so designated by | 23 |
| the Department of State;
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| (4) a foreign law enforcement officer of a friendly | 25 |
| foreign government
entering the United States on official | 26 |
| business; or
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| (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);
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| (j) A person who is subject to an existing order of | 31 |
| protection prohibiting
him or her from possessing a firearm;
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| (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;
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| (l) A person who has been convicted of domestic battery or |
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| a substantially
similar offense in another jurisdiction | 2 |
| committed on or after January 1,
1998;
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| (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;
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| (n) A person who is prohibited from acquiring or possessing
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| firearms or firearm ammunition by any Illinois State statute or | 8 |
| by federal
law;
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| (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
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| (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.
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| (Source: P.A. 92-854, eff. 12-5-02; 93-367, eff. 1-1-04 .)
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| 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:
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| (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
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| Sec. 24-1. Unlawful Use of Weapons.
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| (a) A person commits the offense of unlawful use of weapons | 28 |
| when
he knowingly:
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| (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
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| blade that opens automatically by hand pressure applied to | 34 |
| a button,
spring or other device in the handle of the |
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| 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
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| (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
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| (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
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| years of age or older; or
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| (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:
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| (i) are broken down in a non-functioning state; or
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| (ii) are not immediately accessible; or
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| (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
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| (5) Sets a spring gun; or
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| (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
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| (7) Sells, manufactures, purchases, possesses or | 33 |
| carries:
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| (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 |
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| 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
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| possession or under the control of a person;
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| (ii) any rifle having one or
more barrels less than | 11 |
| 16 inches in length or a shotgun having one or more
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| 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
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| (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
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| (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
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| involving the exhibition of unloaded firearms is | 29 |
| conducted.
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| 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
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| engaged
in firearm safety training courses; or
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| (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 |
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| masked in such manner as to conceal his identity; or
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| (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:
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| (i) are broken down in a non-functioning state; or
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| (ii) are not immediately accessible; or
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| (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.
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| 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
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| 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
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| (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 |
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| primer at the rear end thereof, with the
propellant | 2 |
| contained in such tube between the projectile and the cap; | 3 |
| or
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| (12) (Blank).
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| (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
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| 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),
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| 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.
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| (c) Violations in specific places.
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| (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
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| 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
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| 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 |
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| 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.
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| (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
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| commits a Class 3 felony.
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| (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,
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| regardless of the time of day or the time of year, on | 36 |
| residential property
owned, operated or managed by a public |
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| 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
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| this State for the conduct of official business.
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| (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
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| enclosed in a suitable case, box, or transportation | 23 |
| package.
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| (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.
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| (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
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| weapon, instrument or substance is found in an automobile | 36 |
| operated for
hire by a duly licensed driver in the due, lawful |
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| and proper pursuit of
his trade, then such presumption shall | 2 |
| not apply to the driver.
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| (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.
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| (Source: P.A. 90-686, eff. 1-1-99; 91-673, eff. 12-22-99; | 8 |
| 91-690, eff. 4-13-00.)
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| (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
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| 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.
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| (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.
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| (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.
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| (e) Sentence. Violation of this Section by a person not | 35 |
| confined
in a penal institution shall be a Class 3 felony
for |
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| 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 |
|
|
|
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LRB094 06320 RLC 36395 b |
|
| 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
|
|
|
|
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LRB094 06320 RLC 36395 b |
|
| 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.)
|
|
|
|
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LRB094 06320 RLC 36395 b |
|
| 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 |
|
|
|
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LRB094 06320 RLC 36395 b |
|
| 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
|
|
|
|
SB0219 |
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LRB094 06320 RLC 36395 b |
|
| 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 |
|
|
|
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LRB094 06320 RLC 36395 b |
|
| 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 |
|
|
|
SB0219 |
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LRB094 06320 RLC 36395 b |
|
| 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 |
|
|
|
SB0219 |
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LRB094 06320 RLC 36395 b |
|
| 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.
|
|
|
|
SB0219 |
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LRB094 06320 RLC 36395 b |
|
| 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.
|
|