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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB1447 Introduced , by Rep. David Harris SYNOPSIS AS INTRODUCED:
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430 ILCS 65/2 | from Ch. 38, par. 83-2 |
430 ILCS 65/3 | from Ch. 38, par. 83-3 |
720 ILCS 5/24-3 | from Ch. 38, par. 24-3 |
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Amends the Firearm Owners Identification Card Act and the Criminal Code of 2012. Permits a person to acquire or possess any firearm, firearm ammunition, stun gun, or taser within the State
with the possession of a license to carry a concealed firearm previously issued in his or her name by the Department of State Police under the Firearm Concealed Carry Act. Permits a person to transfer or cause to be transferred a firearm, firearm ammunition, stun gun, or taser within the State if the transferee with whom the transferor deals displays the concealed carry license. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Firearm Owners Identification Card Act is |
| 5 | | amended by changing Sections 2 and 3 as follows:
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| 6 | | (430 ILCS 65/2) (from Ch. 38, par. 83-2)
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| 7 | | Sec. 2. Firearm Owner's Identification Card required; |
| 8 | | exceptions.
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| 9 | | (a) (1) No person may acquire or possess any firearm, stun |
| 10 | | gun, or taser within this State
without having in his or |
| 11 | | her possession a Firearm Owner's Identification Card
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| 12 | | previously issued in his or her name by the Department of |
| 13 | | State Police under
the provisions of this Act or a license |
| 14 | | to carry a concealed firearm previously issued in his or |
| 15 | | her name by the Department of State Police under the |
| 16 | | Firearm Concealed Carry Act.
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| 17 | | (2) No person may acquire or possess firearm ammunition |
| 18 | | within this
State without having in his or her possession a |
| 19 | | Firearm Owner's Identification
Card previously issued in |
| 20 | | his or her name by the Department of State Police
under the |
| 21 | | provisions of this Act or a license to carry a concealed |
| 22 | | firearm previously issued in his or her name by the |
| 23 | | Department of State Police under the Firearm Concealed |
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| 1 | | Carry Act.
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| 2 | | (b) The provisions of this Section regarding the possession |
| 3 | | of firearms, firearm ammunition, stun guns, and tasers do not |
| 4 | | apply to:
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| 5 | | (1) United States Marshals, while engaged in the |
| 6 | | operation of their
official duties;
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| 7 | | (2) Members of the Armed Forces of the United States or |
| 8 | | the National
Guard, while engaged in the operation of their |
| 9 | | official duties;
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| 10 | | (3) Federal officials required to carry firearms, |
| 11 | | while engaged in the
operation of their official duties;
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| 12 | | (4) Members of bona fide veterans organizations which |
| 13 | | receive firearms
directly from the armed forces of the |
| 14 | | United States, while using the
firearms for ceremonial |
| 15 | | purposes with blank ammunition;
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| 16 | | (5) Nonresident hunters during hunting season, with |
| 17 | | valid nonresident
hunting licenses and while in an area |
| 18 | | where hunting is permitted; however,
at all other times and |
| 19 | | in all other places these persons must have their
firearms |
| 20 | | unloaded and enclosed in a case;
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| 21 | | (6) Those hunters exempt from obtaining a hunting |
| 22 | | license who are
required to submit their Firearm Owner's |
| 23 | | Identification Card when hunting
on Department of Natural |
| 24 | | Resources owned or managed sites;
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| 25 | | (7) Nonresidents while on a firing or shooting range |
| 26 | | recognized by the
Department of State Police; however, |
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| 1 | | these persons must at all other times
and in all other |
| 2 | | places have their firearms unloaded and enclosed in a case;
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| 3 | | (8) Nonresidents while at a firearm showing or display |
| 4 | | recognized by
the Department of State Police; however, at |
| 5 | | all other times and in all
other places these persons must |
| 6 | | have their firearms unloaded and enclosed
in a case;
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| 7 | | (9) Nonresidents whose firearms are unloaded and |
| 8 | | enclosed in a case;
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| 9 | | (10) Nonresidents who are currently licensed or |
| 10 | | registered to possess a
firearm in their resident state;
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| 11 | | (11) Unemancipated minors while in the custody and |
| 12 | | immediate control of
their parent or legal guardian or |
| 13 | | other person in loco parentis to the
minor if the parent or |
| 14 | | legal guardian or other person in loco parentis to
the |
| 15 | | minor has a currently valid Firearm Owner's Identification
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| 16 | | Card;
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| 17 | | (12) Color guards of bona fide veterans organizations |
| 18 | | or members of bona
fide American Legion bands while using |
| 19 | | firearms for ceremonial purposes
with blank ammunition;
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| 20 | | (13) Nonresident hunters whose state of residence does |
| 21 | | not require
them to be licensed or registered to possess a |
| 22 | | firearm and only during
hunting season, with valid hunting |
| 23 | | licenses, while accompanied by, and
using a firearm owned |
| 24 | | by, a person who possesses a valid Firearm Owner's
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| 25 | | Identification Card and while in an area within a |
| 26 | | commercial club licensed
under the Wildlife Code where |
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| 1 | | hunting is permitted and controlled, but in
no instance |
| 2 | | upon sites owned or managed by the Department of Natural
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| 3 | | Resources;
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| 4 | | (14) Resident hunters who are properly authorized to |
| 5 | | hunt and,
while accompanied by a person who possesses a |
| 6 | | valid Firearm Owner's
Identification Card, hunt in an area |
| 7 | | within a commercial club licensed
under the Wildlife Code |
| 8 | | where hunting is permitted and controlled;
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| 9 | | (15) A person who is otherwise eligible to obtain a |
| 10 | | Firearm Owner's
Identification Card under this Act and is |
| 11 | | under the direct supervision of a
holder of a Firearm
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| 12 | | Owner's Identification Card who is 21 years of age or older |
| 13 | | while the person is
on a firing or shooting range
or is a
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| 14 | | participant in a firearms safety and training course |
| 15 | | recognized by a law
enforcement agency or a national, |
| 16 | | statewide shooting sports organization; and
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| 17 | | (16) Competitive shooting athletes whose competition |
| 18 | | firearms are sanctioned by the International Olympic |
| 19 | | Committee, the International Paralympic Committee, the |
| 20 | | International Shooting Sport Federation, or USA Shooting |
| 21 | | in connection with such athletes' training for and |
| 22 | | participation in shooting competitions at the 2016 Olympic |
| 23 | | and Paralympic Games and sanctioned test events leading up |
| 24 | | to the 2016 Olympic and Paralympic Games. |
| 25 | | (c) The provisions of this Section regarding the |
| 26 | | acquisition and possession
of firearms, firearm ammunition, |
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| 1 | | stun guns, and tasers do not apply to law enforcement officials
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| 2 | | of this or any other jurisdiction, while engaged in the |
| 3 | | operation of their
official duties.
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| 4 | | (d) Any person who becomes a resident of this State, who is |
| 5 | | not otherwise prohibited from obtaining, possessing, or using a |
| 6 | | firearm or firearm ammunition, shall not be required to have a |
| 7 | | Firearm Owner's Identification Card to possess firearms or |
| 8 | | firearms ammunition until 60 calendar days after he or she |
| 9 | | obtains an Illinois driver's license or Illinois |
| 10 | | Identification Card. |
| 11 | | (Source: P.A. 96-7, eff. 4-3-09; 97-1131, eff. 1-1-13.)
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| 12 | | (430 ILCS 65/3) (from Ch. 38, par. 83-3) |
| 13 | | Sec. 3. (a) Except as provided in Section 3a, no person may |
| 14 | | knowingly
transfer, or cause to be transferred, any firearm, |
| 15 | | firearm ammunition, stun gun, or taser to any person within |
| 16 | | this State unless the
transferee with whom he deals displays a |
| 17 | | currently valid Firearm Owner's
Identification Card which has |
| 18 | | previously been issued in his or her name by the
Department of |
| 19 | | State Police under the provisions of this Act or a currently |
| 20 | | valid license to carry a concealed firearm which has previously |
| 21 | | been issued in his or her name by the
Department of State |
| 22 | | Police under the Firearm Concealed Carry Act. In addition,
all |
| 23 | | firearm, stun gun, and taser transfers by federally licensed |
| 24 | | firearm dealers are subject
to Section 3.1. |
| 25 | | (a-5) Any person who is not a federally licensed firearm |
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| 1 | | dealer and who desires to transfer or sell a firearm while that |
| 2 | | person is on the grounds of a gun show must, before selling or |
| 3 | | transferring the firearm, request the Department of State |
| 4 | | Police to conduct a background check on the prospective |
| 5 | | recipient of the firearm in accordance with Section 3.1.
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| 6 | | (a-10) Any person who is not a federally licensed firearm |
| 7 | | dealer and who desires to transfer or sell a firearm or |
| 8 | | firearms to any person who is not a federally licensed firearm |
| 9 | | dealer shall, before selling or transferring the firearms, |
| 10 | | contact the Department of State Police with the transferee's or |
| 11 | | purchaser's Firearm Owner's Identification Card number or |
| 12 | | license to carry a concealed firearm number to determine the |
| 13 | | validity of the transferee's or purchaser's Firearm Owner's |
| 14 | | Identification Card or license to carry a concealed firearm. |
| 15 | | This subsection shall not be effective until January 1, 2014. |
| 16 | | The Department of State Police may adopt rules concerning the |
| 17 | | implementation of this subsection. The Department of State |
| 18 | | Police shall provide the seller or transferor an approval |
| 19 | | number if the purchaser's Firearm Owner's Identification Card |
| 20 | | or license to carry a concealed firearm is valid. Approvals |
| 21 | | issued by the Department for the purchase of a firearm pursuant |
| 22 | | to this subsection are valid for 30 days from the date of |
| 23 | | issue. |
| 24 | | (a-15) The provisions of subsection (a-10) of this Section |
| 25 | | do not apply to: |
| 26 | | (1) transfers that occur at the place of business of a |
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| 1 | | federally licensed firearm dealer, if the federally |
| 2 | | licensed firearm dealer conducts a background check on the |
| 3 | | prospective recipient of the firearm in accordance with |
| 4 | | Section 3.1 of this Act and follows all other applicable |
| 5 | | federal, State, and local laws as if he or she were the |
| 6 | | seller or transferor of the firearm, although the dealer is |
| 7 | | not required to accept the firearm into his or her |
| 8 | | inventory. The purchaser or transferee may be required by |
| 9 | | the federally licensed firearm dealer to pay a fee not to |
| 10 | | exceed $10 per firearm, which the dealer may retain as |
| 11 | | compensation for performing the functions required under |
| 12 | | this paragraph, plus the applicable fees authorized by |
| 13 | | Section 3.1; |
| 14 | | (2) transfers as a bona fide gift to the transferor's |
| 15 | | husband, wife, son, daughter, stepson, stepdaughter, |
| 16 | | father, mother, stepfather, stepmother, brother, sister, |
| 17 | | nephew, niece, uncle, aunt, grandfather, grandmother, |
| 18 | | grandson, granddaughter, father-in-law, mother-in-law, |
| 19 | | son-in-law, or daughter-in-law; |
| 20 | | (3) transfers by persons acting pursuant to operation |
| 21 | | of law or a court order; |
| 22 | | (4) transfers on the grounds of a gun show under |
| 23 | | subsection (a-5) of this Section; |
| 24 | | (5) the delivery of a firearm by its owner to a |
| 25 | | gunsmith for service or repair, the return of the firearm |
| 26 | | to its owner by the gunsmith, or the delivery of a firearm |
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| 1 | | by a gunsmith to a federally licensed firearms dealer for |
| 2 | | service or repair and the return of the firearm to the |
| 3 | | gunsmith; |
| 4 | | (6) temporary transfers that occur while in the home of |
| 5 | | the unlicensed transferee, if the unlicensed transferee is |
| 6 | | not otherwise prohibited from possessing firearms and the |
| 7 | | unlicensed transferee reasonably believes that possession |
| 8 | | of the firearm is necessary to prevent imminent death or |
| 9 | | great bodily harm to the unlicensed transferee; |
| 10 | | (7) transfers to a law enforcement or corrections |
| 11 | | agency or a law enforcement or corrections officer acting |
| 12 | | within the course and scope of his or her official duties; |
| 13 | | (8) transfers of firearms that have been rendered |
| 14 | | permanently inoperable to a nonprofit historical society, |
| 15 | | museum, or institutional collection; and |
| 16 | | (9) transfers to a person who is exempt from the |
| 17 | | requirement of possessing a Firearm Owner's Identification |
| 18 | | Card under Section 2 of this Act. |
| 19 | | (a-20) The Department of State Police shall develop an |
| 20 | | Internet-based system for individuals to determine the |
| 21 | | validity of a Firearm Owner's Identification Card prior to the |
| 22 | | sale or transfer of a firearm. The Department shall have the |
| 23 | | Internet-based system completed and available for use by July |
| 24 | | 1, 2015. The Department shall adopt rules not inconsistent with |
| 25 | | this Section to implement this system. |
| 26 | | (b) Any person within this State who transfers or causes to |
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| 1 | | be
transferred any firearm, stun gun, or taser shall keep a |
| 2 | | record of such transfer for a period
of 10 years from the date |
| 3 | | of transfer. Such record shall contain the date
of the |
| 4 | | transfer; the description, serial number or other information
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| 5 | | identifying the firearm, stun gun, or taser if no serial number |
| 6 | | is available; and, if the
transfer was completed within this |
| 7 | | State, the transferee's Firearm Owner's
Identification Card |
| 8 | | number or license to carry a concealed firearm number and any |
| 9 | | approval number or documentation provided by the Department of |
| 10 | | State Police pursuant to subsection (a-10) of this Section. On |
| 11 | | or after January 1, 2006, the record shall contain the date of |
| 12 | | application for transfer of the firearm. On demand of a peace |
| 13 | | officer such transferor
shall produce for inspection such |
| 14 | | record of transfer. If the transfer or sale took place at a gun |
| 15 | | show, the record shall include the unique identification |
| 16 | | number. Failure to record the unique identification number or |
| 17 | | approval number is a petty offense.
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| 18 | | (b-5) Any resident may purchase ammunition from a person |
| 19 | | within or outside of Illinois if shipment is by United States |
| 20 | | mail or by a private express carrier authorized by federal law |
| 21 | | to ship ammunition. Any resident purchasing ammunition within |
| 22 | | or outside the State of Illinois must provide the seller with a |
| 23 | | copy of his or her valid Firearm Owner's Identification Card or |
| 24 | | valid license to carry a concealed firearm and either his or |
| 25 | | her Illinois driver's license or Illinois State Identification |
| 26 | | Card prior to the shipment of the ammunition. The ammunition |
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| 1 | | may be shipped only to an address on either of those 2 |
| 2 | | documents. |
| 3 | | (c) The provisions of this Section regarding the transfer |
| 4 | | of firearm
ammunition shall not apply to those persons |
| 5 | | specified in paragraph (b) of
Section 2 of this Act. |
| 6 | | (Source: P.A. 97-1135, eff. 12-4-12; 98-508, eff. 8-19-13.)
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| 7 | | Section 10. The Criminal Code of 2012 is amended by |
| 8 | | changing Section 24-3 as follows:
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| 9 | | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
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| 10 | | Sec. 24-3. Unlawful sale or delivery of firearms.
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| 11 | | (A) A person commits the offense of unlawful sale or |
| 12 | | delivery of firearms when he
or she knowingly does any of the |
| 13 | | following:
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| 14 | | (a) Sells or gives any firearm of a size which may be |
| 15 | | concealed upon the
person to any person under 18 years of |
| 16 | | age.
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| 17 | | (b) Sells or gives any firearm to a person under 21 |
| 18 | | years of age who has
been convicted of a misdemeanor other |
| 19 | | than a traffic offense or adjudged
delinquent.
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| 20 | | (c) Sells or gives any firearm to any narcotic addict.
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| 21 | | (d) Sells or gives any firearm to any person who has |
| 22 | | been convicted of a
felony under the laws of this or any |
| 23 | | other jurisdiction.
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| 24 | | (e) Sells or gives any firearm to any person who has |
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| 1 | | been a patient in a
mental institution within the past 5 |
| 2 | | years. In this subsection (e): |
| 3 | | "Mental institution" means any hospital, |
| 4 | | institution, clinic, evaluation facility, mental |
| 5 | | health center, or part thereof, which is used primarily |
| 6 | | for the care or treatment of persons with mental |
| 7 | | illness. |
| 8 | | "Patient in a mental institution" means the person |
| 9 | | was admitted, either voluntarily or involuntarily, to |
| 10 | | a mental institution for mental health treatment, |
| 11 | | unless the treatment was voluntary and solely for an |
| 12 | | alcohol abuse disorder and no other secondary |
| 13 | | substance abuse disorder or mental illness.
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| 14 | | (f) Sells or gives any firearms to any person who is |
| 15 | | intellectually disabled.
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| 16 | | (g) Delivers any firearm of a size which may be |
| 17 | | concealed upon the
person, incidental to a sale, without |
| 18 | | withholding delivery of such firearm
for at least 72 hours |
| 19 | | after application for its purchase has been made, or
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| 20 | | delivers any rifle, shotgun or other long gun, or a stun |
| 21 | | gun or taser, incidental to a sale,
without withholding |
| 22 | | delivery of such rifle, shotgun or other long gun, or a |
| 23 | | stun gun or taser for
at least 24 hours after application |
| 24 | | for its purchase has been made.
However,
this paragraph (g) |
| 25 | | does not apply to: (1) the sale of a firearm
to a law |
| 26 | | enforcement officer if the seller of the firearm knows that |
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| 1 | | the person to whom he or she is selling the firearm is a |
| 2 | | law enforcement officer or the sale of a firearm to a |
| 3 | | person who desires to purchase a firearm for
use in |
| 4 | | promoting the public interest incident to his or her |
| 5 | | employment as a
bank guard, armed truck guard, or other |
| 6 | | similar employment; (2) a mail
order sale of a firearm to a |
| 7 | | nonresident of Illinois under which the firearm
is mailed |
| 8 | | to a point outside the boundaries of Illinois; (3) the sale
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| 9 | | of a firearm to a nonresident of Illinois while at a |
| 10 | | firearm showing or display
recognized by the Illinois |
| 11 | | Department of State Police; or (4) the sale of a
firearm to |
| 12 | | a dealer licensed as a federal firearms dealer under |
| 13 | | Section 923
of the federal Gun Control Act of 1968 (18 |
| 14 | | U.S.C. 923). For purposes of this paragraph (g), |
| 15 | | "application" means when the buyer and seller reach an |
| 16 | | agreement to purchase a firearm.
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| 17 | | (h) While holding any license
as a dealer,
importer, |
| 18 | | manufacturer or pawnbroker
under the federal Gun Control |
| 19 | | Act of 1968,
manufactures, sells or delivers to any |
| 20 | | unlicensed person a handgun having
a barrel, slide, frame |
| 21 | | or receiver which is a die casting of zinc alloy or
any |
| 22 | | other nonhomogeneous metal which will melt or deform at a |
| 23 | | temperature
of less than 800 degrees Fahrenheit. For |
| 24 | | purposes of this paragraph, (1)
"firearm" is defined as in |
| 25 | | the Firearm Owners Identification Card Act; and (2)
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| 26 | | "handgun" is defined as a firearm designed to be held
and |
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| 1 | | fired by the use of a single hand, and includes a |
| 2 | | combination of parts from
which such a firearm can be |
| 3 | | assembled.
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| 4 | | (i) Sells or gives a firearm of any size to any person |
| 5 | | under 18 years of
age who does not possess a valid Firearm |
| 6 | | Owner's Identification Card.
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| 7 | | (j) Sells or gives a firearm while engaged in the |
| 8 | | business of selling
firearms at wholesale or retail without |
| 9 | | being licensed as a federal firearms
dealer under Section |
| 10 | | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). |
| 11 | | In this paragraph (j):
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| 12 | | A person "engaged in the business" means a person who |
| 13 | | devotes time,
attention, and
labor to
engaging in the |
| 14 | | activity as a regular course of trade or business with the
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| 15 | | principal objective of livelihood and profit, but does not |
| 16 | | include a person who
makes occasional repairs of firearms |
| 17 | | or who occasionally fits special barrels,
stocks, or |
| 18 | | trigger mechanisms to firearms.
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| 19 | | "With the principal objective of livelihood and |
| 20 | | profit" means that the
intent
underlying the sale or |
| 21 | | disposition of firearms is predominantly one of
obtaining |
| 22 | | livelihood and pecuniary gain, as opposed to other intents, |
| 23 | | such as
improving or liquidating a personal firearms |
| 24 | | collection; however, proof of
profit shall not be required |
| 25 | | as to a person who engages in the regular and
repetitive |
| 26 | | purchase and disposition of firearms for criminal purposes |
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| 1 | | or
terrorism.
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| 2 | | (k) Sells or transfers ownership of a firearm to a |
| 3 | | person who does not display to the seller or transferor of |
| 4 | | the firearm a currently valid Firearm Owner's |
| 5 | | Identification Card that has previously been issued in the |
| 6 | | transferee's name by the Department of State Police under |
| 7 | | the provisions of the Firearm Owners Identification Card |
| 8 | | Act or a license to carry a concealed firearm issued under |
| 9 | | the Firearm Concealed Carry Act. This paragraph (k) does |
| 10 | | not apply to the transfer of a firearm to a person who is |
| 11 | | exempt from the requirement of possessing a Firearm Owner's |
| 12 | | Identification Card under Section 2 of the Firearm Owners |
| 13 | | Identification Card Act. For the purposes of this Section, |
| 14 | | a currently valid Firearm Owner's Identification Card |
| 15 | | means (i) a Firearm Owner's Identification Card that has |
| 16 | | not expired or (ii) an approval number issued in accordance |
| 17 | | with subsection (a-10) of subsection 3 or Section 3.1 of |
| 18 | | the Firearm Owners Identification Card Act shall be proof |
| 19 | | that the Firearm Owner's Identification Card was valid. |
| 20 | | (1) In addition to the other requirements of this |
| 21 | | paragraph (k), all persons who are not federally |
| 22 | | licensed firearms dealers must also have complied with |
| 23 | | subsection (a-10) of Section 3 of the Firearm Owners |
| 24 | | Identification Card Act by determining the validity of |
| 25 | | a purchaser's Firearm Owner's Identification Card. |
| 26 | | (2) All sellers or transferors who have complied |
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| 1 | | with the requirements of subparagraph (1) of this |
| 2 | | paragraph (k) shall not be liable for damages in any |
| 3 | | civil action arising from the use or misuse by the |
| 4 | | transferee of the firearm transferred, except for |
| 5 | | willful or wanton misconduct on the part of the seller |
| 6 | | or transferor. |
| 7 | | (l) Not
being entitled to the possession of a firearm, |
| 8 | | delivers the
firearm, knowing it to have been stolen or |
| 9 | | converted. It may be inferred that
a person who possesses a |
| 10 | | firearm with knowledge that its serial number has
been |
| 11 | | removed or altered has knowledge that the firearm is stolen |
| 12 | | or converted. |
| 13 | | (B) Paragraph (h) of subsection (A) does not include |
| 14 | | firearms sold within 6
months after enactment of Public
Act |
| 15 | | 78-355 (approved August 21, 1973, effective October 1, 1973), |
| 16 | | nor is any
firearm legally owned or
possessed by any citizen or |
| 17 | | purchased by any citizen within 6 months after the
enactment of |
| 18 | | Public Act 78-355 subject
to confiscation or seizure under the |
| 19 | | provisions of that Public Act. Nothing in
Public Act 78-355 |
| 20 | | shall be construed to prohibit the gift or trade of
any firearm |
| 21 | | if that firearm was legally held or acquired within 6 months |
| 22 | | after
the enactment of that Public Act.
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| 23 | | (C) Sentence.
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| 24 | | (1) Any person convicted of unlawful sale or delivery |
| 25 | | of firearms in violation of
paragraph (c), (e), (f), (g), |
| 26 | | or (h) of subsection (A) commits a Class
4
felony.
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| 1 | | (2) Any person convicted of unlawful sale or delivery |
| 2 | | of firearms in violation of
paragraph (b) or (i) of |
| 3 | | subsection (A) commits a Class 3 felony.
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| 4 | | (3) Any person convicted of unlawful sale or delivery |
| 5 | | of firearms in violation of
paragraph (a) of subsection (A) |
| 6 | | commits a Class 2 felony.
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| 7 | | (4) Any person convicted of unlawful sale or delivery |
| 8 | | of firearms in violation of
paragraph (a), (b), or (i) of |
| 9 | | subsection (A) in any school, on the real
property |
| 10 | | comprising a school, within 1,000 feet of the real property |
| 11 | | comprising
a school, at a school related activity, or on or |
| 12 | | within 1,000 feet of any
conveyance owned, leased, or |
| 13 | | contracted by a school or school district to
transport |
| 14 | | students to or from school or a school related activity,
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| 15 | | regardless of the time of day or time of year at which the |
| 16 | | offense
was committed, commits a Class 1 felony. Any person |
| 17 | | convicted of a second
or subsequent violation of unlawful |
| 18 | | sale or delivery of firearms in violation of paragraph
(a), |
| 19 | | (b), or (i) of subsection (A) in any school, on the real |
| 20 | | property
comprising a school, within 1,000 feet of the real |
| 21 | | property comprising a
school, at a school related activity, |
| 22 | | or on or within 1,000 feet of any
conveyance owned, leased, |
| 23 | | or contracted by a school or school district to
transport |
| 24 | | students to or from school or a school related activity,
|
| 25 | | regardless of the time of day or time of year at which the |
| 26 | | offense
was committed, commits a Class 1 felony for which |
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| 1 | | the sentence shall be a
term of imprisonment of no less |
| 2 | | than 5 years and no more than 15 years.
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| 3 | | (5) Any person convicted of unlawful sale or delivery |
| 4 | | of firearms in violation of
paragraph (a) or (i) of |
| 5 | | subsection (A) in residential property owned,
operated, or |
| 6 | | 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 |
| 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
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| 13 | | property comprising any courthouse, or on any public way |
| 14 | | within 1,000 feet
of the real property comprising any |
| 15 | | public park, courthouse, or residential
property owned, |
| 16 | | operated, or managed by a public housing agency or leased |
| 17 | | by a
public housing agency as part of a scattered site or |
| 18 | | mixed-income development
commits a
Class 2 felony.
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| 19 | | (6) Any person convicted of unlawful sale or delivery |
| 20 | | of firearms in violation of
paragraph (j) of subsection (A) |
| 21 | | commits a Class A misdemeanor. A second or
subsequent |
| 22 | | violation is a Class 4 felony. |
| 23 | | (7) Any person convicted of unlawful sale or delivery |
| 24 | | of firearms in violation of paragraph (k) of subsection (A) |
| 25 | | commits a Class 4 felony, except that a violation of |
| 26 | | subparagraph (1) of paragraph (k) of subsection (A) shall |
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| 1 | | not be punishable as a crime or petty offense. A third or |
| 2 | | subsequent conviction for a violation of paragraph (k) of |
| 3 | | subsection (A) is a Class 1 felony.
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| 4 | | (8) A person 18 years of age or older convicted of |
| 5 | | unlawful sale or delivery of firearms in violation of |
| 6 | | paragraph (a) or (i) of subsection (A), when the firearm |
| 7 | | that was sold or given to another person under 18 years of |
| 8 | | age was used in the commission of or attempt to commit a |
| 9 | | forcible felony, shall be fined or imprisoned, or both, not |
| 10 | | to exceed the maximum provided for the most serious |
| 11 | | forcible felony so committed or attempted by the person |
| 12 | | under 18 years of age who was sold or given the firearm. |
| 13 | | (9) Any person convicted of unlawful sale or delivery |
| 14 | | of firearms in violation of
paragraph (d) of subsection (A) |
| 15 | | commits a Class 3 felony. |
| 16 | | (10) Any person convicted of unlawful sale or delivery |
| 17 | | of firearms in violation of paragraph (l) of subsection (A) |
| 18 | | commits a Class 2 felony if the delivery is of one firearm. |
| 19 | | Any person convicted of unlawful sale or delivery of |
| 20 | | firearms in violation of paragraph (l) of subsection (A) |
| 21 | | commits a Class 1 felony if the delivery is of not less |
| 22 | | than 2 and not more than 5 firearms at the
same time or |
| 23 | | within a one year period. Any person convicted of unlawful |
| 24 | | sale or delivery of firearms in violation of paragraph (l) |
| 25 | | of subsection (A) commits a Class X felony for which he or |
| 26 | | she shall be sentenced
to a term of imprisonment of not |
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| 1 | | less than 6 years and not more than 30
years if the |
| 2 | | delivery is of not less than 6 and not more than 10 |
| 3 | | firearms at the
same time or within a 2 year period. Any |
| 4 | | person convicted of unlawful sale or delivery of firearms |
| 5 | | in violation of paragraph (l) of subsection (A) commits a |
| 6 | | Class X felony for which he or she shall be sentenced
to a |
| 7 | | term of imprisonment of not less than 6 years and not more |
| 8 | | than 40
years if the delivery is of not less than 11 and |
| 9 | | not more than 20 firearms at the
same time or within a 3 |
| 10 | | year period. Any person convicted of unlawful sale or |
| 11 | | delivery of firearms in violation of paragraph (l) of |
| 12 | | subsection (A) commits a Class X felony for which he or she |
| 13 | | shall be sentenced
to a term of imprisonment of not less |
| 14 | | than 6 years and not more than 50
years if the delivery is |
| 15 | | of not less than 21 and not more than 30 firearms at the
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| 16 | | same time or within a 4 year period. Any person convicted |
| 17 | | of unlawful sale or delivery of firearms in violation of |
| 18 | | paragraph (l) of subsection (A) commits a Class X felony |
| 19 | | for which he or she shall be sentenced
to a term of |
| 20 | | imprisonment of not less than 6 years and not more than 60
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| 21 | | years if the delivery is of 31 or more firearms at the
same |
| 22 | | time or within a 5 year period. |
| 23 | | (D) For purposes of this Section:
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| 24 | | "School" means a public or private elementary or secondary |
| 25 | | school,
community college, college, or university.
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| 26 | | "School related activity" means any sporting, social, |
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| 1 | | academic, or
other activity for which students' attendance or |
| 2 | | participation is sponsored,
organized, or funded in whole or in |
| 3 | | part by a school or school district.
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| 4 | | (E) A prosecution for a violation of paragraph (k) of |
| 5 | | subsection (A) of this Section may be commenced within 6 years |
| 6 | | after the commission of the offense. A prosecution for a |
| 7 | | violation of this Section other than paragraph (g) of |
| 8 | | subsection (A) of this Section may be commenced within 5 years |
| 9 | | after the commission of the offense defined in the particular |
| 10 | | paragraph.
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| 11 | | (Source: P.A. 97-227, eff. 1-1-12; 97-347, eff. 1-1-12; 97-813, |
| 12 | | eff. 7-13-12; 97-1167, eff. 6-1-13; 98-508, eff. 8-19-13.)
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| 13 | | Section 99. Effective date. This Act takes effect upon |
| 14 | | becoming law.
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