Illinois General Assembly - Full Text of HB4719
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Full Text of HB4719  100th General Assembly

HB4719 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4719

 

Introduced , by Rep. Natalie Phelps Finnie

 

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

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


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4719LRB100 16573 SLF 31706 b

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1of a shotgun, not larger than 10 gauge nor smaller than a 20
2gauge, with a rifled barrel.
3    (nn) It shall be unlawful to possess any species of
4wildlife or wildlife parts taken unlawfully in Illinois, any
5other state, or any other country, whether or not the wildlife
6or wildlife parts is indigenous to Illinois. For the purposes
7of this subsection, the statute of limitations for unlawful
8possession of wildlife or wildlife parts shall not cease until
92 years after the possession has permanently ended.
10(Source: P.A. 99-33, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642,
11eff. 7-28-16; 100-489, eff. 9-8-17.)
 
12    Section 10. The Criminal Code of 2012 is amended by
13changing Section 24-1 and 24-3 as follows:
 
14    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
15    Sec. 24-1. Unlawful use of weapons.
16    (a) A person commits the offense of unlawful use of weapons
17when he knowingly:
18        (1) Sells, manufactures, purchases, possesses or
19    carries any bludgeon, black-jack, slung-shot, sand-club,
20    sand-bag, metal knuckles or other knuckle weapon
21    regardless of its composition, throwing star, or any knife,
22    commonly referred to as a switchblade knife, which has a
23    blade that opens automatically by hand pressure applied to
24    a button, spring or other device in the handle of the

 

 

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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, legal dwelling, or fixed place of business, or on
18    the land or in the legal dwelling of another person as an
19    invitee with that person's permission, any pistol,
20    revolver, stun gun or taser or other firearm, except that
21    this subsection (a) (4) does not apply to or affect
22    transportation of weapons that meet one of the following
23    conditions:
24            (i) are broken down in a non-functioning state; or
25            (ii) are not immediately accessible; or
26            (iii) are unloaded and enclosed in a case, firearm

 

 

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1        carrying box, shipping box, or other container by a
2        person who has been issued a currently valid Firearm
3        Owner's Identification Card; or
4            (iv) are carried or possessed in accordance with
5        the Firearm Concealed Carry Act by a person who has
6        been issued a currently valid license under the Firearm
7        Concealed Carry Act; or
8        (5) Sets a spring gun; or
9        (6) Uses, attaches, or possesses with the intent to use
10    or attach Possesses any device or attachment of any kind
11    for designed, used or intended for use in silencing the
12    report of any handgun, unless the use, attachment, or
13    possession with the intent to use the device or attachment
14    is on the premises of a firing or shooting range; or
15    possesses any device or attachment of any kind designed,
16    used, or intended for use in silencing the report of any
17    other firearm if the device or attachment is not possessed
18    in compliance with the National Firearms Act firearm; or
19        (7) Sells, manufactures, purchases, possesses or
20    carries:
21            (i) a machine gun, which shall be defined for the
22        purposes of this subsection as any weapon, which
23        shoots, is designed to shoot, or can be readily
24        restored to shoot, automatically more than one shot
25        without manually reloading by a single function of the
26        trigger, including the frame or receiver of any such

 

 

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1        weapon, or sells, manufactures, purchases, possesses,
2        or carries any combination of parts designed or
3        intended for use in converting any weapon into a
4        machine gun, or any combination or parts from which a
5        machine gun can be assembled if such parts are in the
6        possession or under the control of a person;
7            (ii) any rifle having one or more barrels less than
8        16 inches in length or a shotgun having one or more
9        barrels less than 18 inches in length or any weapon
10        made from a rifle or shotgun, whether by alteration,
11        modification, or otherwise, if such a weapon as
12        modified has an overall length of less than 26 inches;
13        or
14            (iii) any bomb, bomb-shell, grenade, bottle or
15        other container containing an explosive substance of
16        over one-quarter ounce for like purposes, such as, but
17        not limited to, black powder bombs and Molotov
18        cocktails or artillery projectiles; or
19        (8) Carries or possesses any firearm, stun gun or taser
20    or other deadly weapon in any place which is licensed to
21    sell intoxicating beverages, or at any public gathering
22    held pursuant to a license issued by any governmental body
23    or any public gathering at which an admission is charged,
24    excluding a place where a showing, demonstration or lecture
25    involving the exhibition of unloaded firearms is
26    conducted.

 

 

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1        This subsection (a)(8) does not apply to any auction or
2    raffle of a firearm held pursuant to a license or permit
3    issued by a governmental body, nor does it apply to persons
4    engaged in firearm safety training courses; or
5        (9) Carries or possesses in a vehicle or on or about
6    his person any pistol, revolver, stun gun or taser or
7    firearm or ballistic knife, when he is hooded, robed or
8    masked in such manner as to conceal his identity; or
9        (10) Carries or possesses on or about his person, upon
10    any public street, alley, or other public lands within the
11    corporate limits of a city, village or incorporated town,
12    except when an invitee thereon or therein, for the purpose
13    of the display of such weapon or the lawful commerce in
14    weapons, or except when on his land or in his own abode,
15    legal dwelling, or fixed place of business, or on the land
16    or in the legal dwelling of another person as an invitee
17    with that person's permission, any pistol, revolver, stun
18    gun or taser or other firearm, except that this subsection
19    (a) (10) does not apply to or affect transportation of
20    weapons that meet one of the following conditions:
21            (i) are broken down in a non-functioning state; or
22            (ii) are not immediately accessible; or
23            (iii) are unloaded and enclosed in a case, firearm
24        carrying box, shipping box, or other container by a
25        person who has been issued a currently valid Firearm
26        Owner's Identification Card; or

 

 

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1            (iv) are carried or possessed in accordance with
2        the Firearm Concealed Carry Act by a person who has
3        been issued a currently valid license under the Firearm
4        Concealed Carry Act.
5        A "stun gun or taser", as used in this paragraph (a)
6    means (i) any device which is powered by electrical
7    charging units, such as, batteries, and which fires one or
8    several barbs attached to a length of wire and which, upon
9    hitting a human, can send out a current capable of
10    disrupting the person's nervous system in such a manner as
11    to render him incapable of normal functioning or (ii) any
12    device which is powered by electrical charging units, such
13    as batteries, and which, upon contact with a human or
14    clothing worn by a human, can send out current capable of
15    disrupting the person's nervous system in such a manner as
16    to render him incapable of normal functioning; or
17        (11) Sells, manufactures or purchases any explosive
18    bullet. For purposes of this paragraph (a) "explosive
19    bullet" means the projectile portion of an ammunition
20    cartridge which contains or carries an explosive charge
21    which will explode upon contact with the flesh of a human
22    or an animal. "Cartridge" means a tubular metal case having
23    a projectile affixed at the front thereof and a cap or
24    primer at the rear end thereof, with the propellant
25    contained in such tube between the projectile and the cap;
26    or

 

 

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1        (12) (Blank); or
2        (13) Carries or possesses on or about his or her person
3    while in a building occupied by a unit of government, a
4    billy club, other weapon of like character, or other
5    instrument of like character intended for use as a weapon.
6    For the purposes of this Section, "billy club" means a
7    short stick or club commonly carried by police officers
8    which is either telescopic or constructed of a solid piece
9    of wood or other man-made material.
10    (b) Sentence. A person convicted of a violation of
11subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
12subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
13Class A misdemeanor. A person convicted of a violation of
14subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
15person convicted of a violation of subsection 24-1(a)(6) or
1624-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
17convicted of a violation of subsection 24-1(a)(7)(i) commits a
18Class 2 felony and shall be sentenced to a term of imprisonment
19of not less than 3 years and not more than 7 years, unless the
20weapon is possessed in the passenger compartment of a motor
21vehicle as defined in Section 1-146 of the Illinois Vehicle
22Code, or on the person, while the weapon is loaded, in which
23case it shall be a Class X felony. A person convicted of a
24second or subsequent violation of subsection 24-1(a)(4),
2524-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
26felony. The possession of each weapon in violation of this

 

 

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

 

 

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1        (1.5) A person who violates subsection 24-1(a)(4),
2    24-1(a)(9), or 24-1(a)(10) in any school, regardless of the
3    time of day or the time of year, in residential property
4    owned, operated, or managed by a public housing agency or
5    leased by a public housing agency as part of a scattered
6    site or mixed-income development, in a public park, in a
7    courthouse, on the real property comprising any school,
8    regardless of the time of day or the time of year, on
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, on
12    the real property comprising any public park, on the real
13    property comprising any courthouse, in any conveyance
14    owned, leased, or contracted by a school to transport
15    students to or from school or a school related activity, in
16    any conveyance owned, leased, or contracted by a public
17    transportation agency, or on any public way within 1,000
18    feet of the real property comprising any school, public
19    park, courthouse, public transportation facility, or
20    residential property owned, operated, or managed by a
21    public housing agency or leased by a public housing agency
22    as part of a scattered site or mixed-income development
23    commits a Class 3 felony.
24        (2) A person who violates subsection 24-1(a)(1),
25    24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
26    time of day or the time of year, in residential property

 

 

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1    owned, operated or managed by a public housing agency or
2    leased by a public housing agency as part of a scattered
3    site or mixed-income development, in a public park, in a
4    courthouse, on the real property comprising any school,
5    regardless of the time of day or the time of year, on
6    residential property owned, operated or managed by a public
7    housing agency or leased by a public housing agency as part
8    of a scattered site or mixed-income development, on the
9    real property comprising any public park, on the real
10    property comprising any courthouse, in any conveyance
11    owned, leased or contracted by a school to transport
12    students to or from school or a school related activity, in
13    any conveyance owned, leased, or contracted by a public
14    transportation agency, or on any public way within 1,000
15    feet of the real property comprising any school, public
16    park, courthouse, public transportation facility, or
17    residential property owned, operated, or managed by a
18    public housing agency or leased by a public housing agency
19    as part of a scattered site or mixed-income development
20    commits a Class 4 felony. "Courthouse" means any building
21    that is used by the Circuit, Appellate, or Supreme Court of
22    this State for the conduct of official business.
23        (3) Paragraphs (1), (1.5), and (2) of this subsection
24    (c) shall not apply to law enforcement officers or security
25    officers of such school, college, or university or to
26    students carrying or possessing firearms for use in

 

 

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1    training courses, parades, hunting, target shooting on
2    school ranges, or otherwise with the consent of school
3    authorities and which firearms are transported unloaded
4    enclosed in a suitable case, box, or transportation
5    package.
6        (4) For the purposes of this subsection (c), "school"
7    means any public or private elementary or secondary school,
8    community college, college, or university.
9        (5) For the purposes of this subsection (c), "public
10    transportation agency" means a public or private agency
11    that provides for the transportation or conveyance of
12    persons by means available to the general public, except
13    for transportation by automobiles not used for conveyance
14    of the general public as passengers; and "public
15    transportation facility" means a terminal or other place
16    where one may obtain public transportation.
17    (d) The presence in an automobile other than a public
18omnibus of any weapon, instrument or substance referred to in
19subsection (a)(7) is prima facie evidence that it is in the
20possession of, and is being carried by, all persons occupying
21such automobile at the time such weapon, instrument or
22substance is found, except under the following circumstances:
23(i) if such weapon, instrument or instrumentality is found upon
24the person of one of the occupants therein; or (ii) if such
25weapon, instrument or substance is found in an automobile
26operated for hire by a duly licensed driver in the due, lawful

 

 

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1and proper pursuit of his trade, then such presumption shall
2not apply to the driver.
3    (e) Exemptions.
4        (1) Crossbows, Common or Compound bows and Underwater
5    Spearguns are exempted from the definition of ballistic
6    knife as defined in paragraph (1) of subsection (a) of this
7    Section.
8        (2) The provision of paragraph (1) of subsection (a) of
9    this Section prohibiting the sale, manufacture, purchase,
10    possession, or carrying of any knife, commonly referred to
11    as a switchblade knife, which has a blade that opens
12    automatically by hand pressure applied to a button, spring
13    or other device in the handle of the knife, does not apply
14    to a person who possesses a currently valid Firearm Owner's
15    Identification Card previously issued in his or her name by
16    the Department of State Police or to a person or an entity
17    engaged in the business of selling or manufacturing
18    switchblade knives.
19(Source: P.A. 99-29, eff. 7-10-15; 100-82, eff. 8-11-17.)
 
20    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
21    Sec. 24-3. Unlawful sale or delivery of firearms.
22    (A) A person commits the offense of unlawful sale or
23delivery of firearms when he or she knowingly does any of the
24following:
25        (a) Sells or gives any firearm of a size which may be

 

 

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1    concealed upon the person to any person under 18 years of
2    age.
3        (b) Sells or gives any firearm to a person under 21
4    years of age who has been convicted of a misdemeanor other
5    than a traffic offense or adjudged delinquent.
6        (c) Sells or gives any firearm to any narcotic addict.
7        (d) Sells or gives any firearm to any person who has
8    been convicted of a felony under the laws of this or any
9    other jurisdiction.
10        (e) Sells or gives any firearm to any person who has
11    been a patient in a mental institution within the past 5
12    years. In this subsection (e):
13            "Mental institution" means any hospital,
14        institution, clinic, evaluation facility, mental
15        health center, or part thereof, which is used primarily
16        for the care or treatment of persons with mental
17        illness.
18            "Patient in a mental institution" means the person
19        was admitted, either voluntarily or involuntarily, to
20        a mental institution for mental health treatment,
21        unless the treatment was voluntary and solely for an
22        alcohol abuse disorder and no other secondary
23        substance abuse disorder or mental illness.
24        (f) Sells or gives any firearms to any person who is a
25    person with an intellectual disability.
26        (g) Delivers any firearm of a size which may be

 

 

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1    concealed upon the person, incidental to a sale, without
2    withholding delivery of such firearm for at least 72 hours
3    after application for its purchase has been made, or
4    delivers any rifle, shotgun or other long gun, or a stun
5    gun or taser, incidental to a sale, without withholding
6    delivery of such rifle, shotgun or other long gun, or a
7    stun gun or taser for at least 24 hours after application
8    for its purchase has been made. However, this paragraph (g)
9    does not apply to: (1) the sale of a firearm to a law
10    enforcement officer if the seller of the firearm knows that
11    the person to whom he or she is selling the firearm is a
12    law enforcement officer or the sale of a firearm to a
13    person who desires to purchase a firearm for use in
14    promoting the public interest incident to his or her
15    employment as a bank guard, armed truck guard, or other
16    similar employment; (2) a mail order sale of a firearm from
17    a federally licensed firearms dealer to a nonresident of
18    Illinois under which the firearm is mailed to a federally
19    licensed firearms dealer outside the boundaries of
20    Illinois; (3) the sale of a firearm to a nonresident of
21    Illinois while at a firearm showing or display recognized
22    by the Illinois Department of State Police; (4) the sale of
23    a firearm to a dealer licensed as a federal firearms dealer
24    under Section 923 of the federal Gun Control Act of 1968
25    (18 U.S.C. 923); or (5) the transfer or sale of any rifle,
26    shotgun, or other long gun to a resident registered

 

 

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1    competitor or attendee or non-resident registered
2    competitor or attendee by any dealer licensed as a federal
3    firearms dealer under Section 923 of the federal Gun
4    Control Act of 1968 at competitive shooting events held at
5    the World Shooting Complex sanctioned by a national
6    governing body. For purposes of transfers or sales under
7    subparagraph (5) of this paragraph (g), the Department of
8    Natural Resources shall give notice to the Department of
9    State Police at least 30 calendar days prior to any
10    competitive shooting events at the World Shooting Complex
11    sanctioned by a national governing body. The notification
12    shall be made on a form prescribed by the Department of
13    State Police. The sanctioning body shall provide a list of
14    all registered competitors and attendees at least 24 hours
15    before the events to the Department of State Police. Any
16    changes to the list of registered competitors and attendees
17    shall be forwarded to the Department of State Police as
18    soon as practicable. The Department of State Police must
19    destroy the list of registered competitors and attendees no
20    later than 30 days after the date of the event. Nothing in
21    this paragraph (g) relieves a federally licensed firearm
22    dealer from the requirements of conducting a NICS
23    background check through the Illinois Point of Contact
24    under 18 U.S.C. 922(t). For purposes of this paragraph (g),
25    "application" means when the buyer and seller reach an
26    agreement to purchase a firearm. For purposes of this

 

 

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1    paragraph (g), "national governing body" means a group of
2    persons who adopt rules and formulate policy on behalf of a
3    national firearm sporting organization.
4        (h) While holding any license as a dealer, importer,
5    manufacturer or pawnbroker under the federal Gun Control
6    Act of 1968, manufactures, sells or delivers to any
7    unlicensed person a handgun having a barrel, slide, frame
8    or receiver which is a die casting of zinc alloy or any
9    other nonhomogeneous metal which will melt or deform at a
10    temperature of less than 800 degrees Fahrenheit. For
11    purposes of this paragraph, (1) "firearm" is defined as in
12    the Firearm Owners Identification Card Act; and (2)
13    "handgun" is defined as a firearm designed to be held and
14    fired by the use of a single hand, and includes a
15    combination of parts from which such a firearm can be
16    assembled.
17        (i) Sells or gives a firearm of any size to any person
18    under 18 years of age who does not possess a valid Firearm
19    Owner's Identification Card.
20        (j) Sells or gives a firearm while engaged in the
21    business of selling firearms at wholesale or retail without
22    being licensed as a federal firearms dealer under Section
23    923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
24    In this paragraph (j):
25        A person "engaged in the business" means a person who
26    devotes time, attention, and labor to engaging in the

 

 

HB4719- 26 -LRB100 16573 SLF 31706 b

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

 

 

HB4719- 27 -LRB100 16573 SLF 31706 b

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

 

 

HB4719- 28 -LRB100 16573 SLF 31706 b

1    or converted.
2    (m) Transfers or gives a suppressor or silencer to a person
3not authorized to possess the suppressor or silencer under
4federal law.
5    (B) Paragraph (h) of subsection (A) does not include
6firearms sold within 6 months after enactment of Public Act
778-355 (approved August 21, 1973, effective October 1, 1973),
8nor is any firearm legally owned or possessed by any citizen or
9purchased by any citizen within 6 months after the enactment of
10Public Act 78-355 subject to confiscation or seizure under the
11provisions of that Public Act. Nothing in Public Act 78-355
12shall be construed to prohibit the gift or trade of any firearm
13if that firearm was legally held or acquired within 6 months
14after the enactment of that Public Act.
15    (C) Sentence.
16        (1) Any person convicted of unlawful sale or delivery
17    of firearms in violation of paragraph (c), (e), (f), (g),
18    or (h) of subsection (A) commits a Class 4 felony.
19        (2) Any person convicted of unlawful sale or delivery
20    of firearms in violation of paragraph (b) or (i), or (m) of
21    subsection (A) commits a Class 3 felony.
22        (3) Any person convicted of unlawful sale or delivery
23    of firearms in violation of paragraph (a) of subsection (A)
24    commits a Class 2 felony.
25        (4) Any person convicted of unlawful sale or delivery
26    of firearms in violation of paragraph (a), (b), or (i) of

 

 

HB4719- 29 -LRB100 16573 SLF 31706 b

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

 

 

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

 

 

HB4719- 31 -LRB100 16573 SLF 31706 b

1    forcible felony, shall be fined or imprisoned, or both, not
2    to exceed the maximum provided for the most serious
3    forcible felony so committed or attempted by the person
4    under 18 years of age who was sold or given the firearm.
5        (9) Any person convicted of unlawful sale or delivery
6    of firearms in violation of paragraph (d) of subsection (A)
7    commits a Class 3 felony.
8        (10) Any person convicted of unlawful sale or delivery
9    of firearms in violation of paragraph (l) of subsection (A)
10    commits a Class 2 felony if the delivery is of one firearm.
11    Any person convicted of unlawful sale or delivery of
12    firearms in violation of paragraph (l) of subsection (A)
13    commits a Class 1 felony if the delivery is of not less
14    than 2 and not more than 5 firearms at the same time or
15    within a one year period. Any person convicted of unlawful
16    sale or delivery of firearms in violation of paragraph (l)
17    of subsection (A) commits a Class X felony for which he or
18    she shall be sentenced to a term of imprisonment of not
19    less than 6 years and not more than 30 years if the
20    delivery is of not less than 6 and not more than 10
21    firearms at the same time or within a 2 year period. Any
22    person convicted of unlawful sale or delivery of firearms
23    in violation of paragraph (l) of subsection (A) commits a
24    Class X felony for which he or she shall be sentenced to a
25    term of imprisonment of not less than 6 years and not more
26    than 40 years if the delivery is of not less than 11 and

 

 

HB4719- 32 -LRB100 16573 SLF 31706 b

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

 

 

HB4719- 33 -LRB100 16573 SLF 31706 b

1after the commission of the offense defined in the particular
2paragraph.
3(Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15;
499-143, eff. 7-27-15; 99-642, eff. 7-28-16.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.