Illinois General Assembly - Full Text of SB0219
Illinois General Assembly

Previous General Assemblies

Full Text of SB0219  94th General Assembly

SB0219 94TH GENERAL ASSEMBLY


 


 
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB0219

 

Introduced 2/2/2005, by Sen. Don Harmon

 

SYNOPSIS AS INTRODUCED:
 
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
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

    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.


LRB094 06320 RLC 36395 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB0219 LRB094 06320 RLC 36395 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
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;

 

 

SB0219 - 2 - LRB094 06320 RLC 36395 b

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

 

 

SB0219 - 3 - LRB094 06320 RLC 36395 b

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

 

 

SB0219 - 4 - LRB094 06320 RLC 36395 b

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

 

 

SB0219 - 5 - LRB094 06320 RLC 36395 b

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

 

 

SB0219 - 6 - LRB094 06320 RLC 36395 b

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

 

 

SB0219 - 7 - LRB094 06320 RLC 36395 b

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

 

 

SB0219 - 8 - LRB094 06320 RLC 36395 b

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

 

 

SB0219 - 9 - LRB094 06320 RLC 36395 b

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

 

 

SB0219 - 10 - LRB094 06320 RLC 36395 b

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

 

 

SB0219 - 11 - LRB094 06320 RLC 36395 b

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

 

 

SB0219 - 12 - 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

 

 

SB0219 - 13 - 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.)
 

 

 

SB0219 - 14 - 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

 

 

SB0219 - 15 - 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 - 16 - 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

 

 

SB0219 - 17 - 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 - 18 - 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 - 19 - 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 - 20 - 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.