100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB0050

Introduced 1/11/2017, by Sen. William R. Haine

SYNOPSIS AS INTRODUCED:
See Index

Amends the Illinois Police Training Act. Provides the annual training of police chiefs must include at least one course on the Firearm Owners Identification Card Act, the Firearm Concealed Carry Act, and firearms investigations. Amends the Firearm Owners Identification Card Act. Permits the State Police to notify the FBI if a person on the Terrorist Watchlist applies for a FOID card. Requires the State Police to provide notice and reason for the disqualification of a firearm purchase or a FOID card revocation to all law enforcement agencies with jurisdiction to assist with the seizure of the person's FOID card. Adds as grounds to deny an application for or to revoke or seize the person's FOID card that the person is charged with making a terrorist threat or soliciting or providing material support for terrorism. Makes other changes. Amends the Firearm Concealed Carry Act. Provides that a person may not carry a concealed handgun equipped with a silencer. Amends the Wildlife Code. Removes the prohibition on using a silencer to mute the sound resulting from firing a gun. Amends the Criminal Code of 2012. Provides that the offense of unlawful use of weapons includes knowingly: using, or possessing with the intent to use, a silencer on a handgun, except at a shooting range; or possessing any silencer for firearms, other than handguns, not in compliance with the National Firearms Act. Provides that the offense of unlawful sale or delivery of firearms includes knowingly transferring a silencer to a person not authorized to possess the silencer under federal law. Effective immediately.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning safety.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Police Training Act is amended by
5changing Section 10.7 as follows:
6 (50 ILCS 705/10.7)
7 Sec. 10.7. Mandatory training; police chief and deputy
8police chief. Each police chief and deputy police chief shall
9obtain at least 20 hours of training each year. The training
10must be approved by the Illinois Law Enforcement Training and
11Standards Board and must be related to law enforcement,
12management or executive development, or ethics, and must
13include at least one course on the Firearm Owners
14Identification Card Act, the Firearm Concealed Carry Act, and
15firearms investigations. This requirement may be satisfied by
16attending any training portion of a conference held by an
17association that represents chiefs of police that has been
18approved by the Illinois Law Enforcement Training and Standards
19Board. Any police chief and any deputy police chief, upon
20presentation of a certificate of completion from the person or
21entity conducting the training, shall be reimbursed by the
22municipality in accordance with the municipal policy
23regulating the terms of reimbursement, for his or her

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1reasonable expenses in obtaining the training required under
2this Section. No police chief or deputy police chief may attend
3any recognized training offering without the prior approval of
4his or her municipal mayor, manager, or immediate supervisor.
5 This Section does not apply to the City of Chicago or the
6Sheriff's Police Department in Cook County.
7(Source: P.A. 94-354, eff. 1-1-06.)
8 Section 10. The Firearm Owners Identification Card Act is
9amended by changing Sections 1.1, 3.1, 3.3, 8, and 9.5 as
10follows:
11 (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
12 Sec. 1.1. For purposes of this Act:
13 "Addicted to narcotics" means a person who has been:
14 (1) convicted of an offense involving the use or
15 possession of cannabis, a controlled substance, or
16 methamphetamine within the past year; or
17 (2) determined by the Department of State Police to be
18 addicted to narcotics based upon federal law or federal
19 guidelines.
20 "Addicted to narcotics" does not include possession or use
21of a prescribed controlled substance under the direction and
22authority of a physician or other person authorized to
23prescribe the controlled substance when the controlled
24substance is used in the prescribed manner.

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1 "Adjudicated as a person with a mental disability" means
2the person is the subject of a determination by a court, board,
3commission or other lawful authority that the person, as a
4result of marked subnormal intelligence, or mental illness,
5mental impairment, incompetency, condition, or disease:
6 (1) presents a clear and present danger to himself,
7 herself, or to others;
8 (2) lacks the mental capacity to manage his or her own
9 affairs or is adjudicated a person with a disability as
10 defined in Section 11a-2 of the Probate Act of 1975;
11 (3) is not guilty in a criminal case by reason of
12 insanity, mental disease or defect;
13 (3.5) is guilty but mentally ill, as provided in
14 Section 5-2-6 of the Unified Code of Corrections;
15 (4) is incompetent to stand trial in a criminal case;
16 (5) is not guilty by reason of lack of mental
17 responsibility under Articles 50a and 72b of the Uniform
18 Code of Military Justice, 10 U.S.C. 850a, 876b;
19 (6) is a sexually violent person under subsection (f)
20 of Section 5 of the Sexually Violent Persons Commitment
21 Act;
22 (7) is a sexually dangerous person under the Sexually
23 Dangerous Persons Act;
24 (8) is unfit to stand trial under the Juvenile Court
25 Act of 1987;
26 (9) is not guilty by reason of insanity under the

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1 Juvenile Court Act of 1987;
2 (10) is subject to involuntary admission as an
3 inpatient as defined in Section 1-119 of the Mental Health
4 and Developmental Disabilities Code;
5 (11) is subject to involuntary admission as an
6 outpatient as defined in Section 1-119.1 of the Mental
7 Health and Developmental Disabilities Code;
8 (12) is subject to judicial admission as set forth in
9 Section 4-500 of the Mental Health and Developmental
10 Disabilities Code; or
11 (13) is subject to the provisions of the Interstate
12 Agreements on Sexually Dangerous Persons Act.
13 "Clear and present danger" means a person who:
14 (1) communicates a serious threat of physical violence
15 against a reasonably identifiable victim or poses a clear
16 and imminent risk of serious physical injury to himself,
17 herself, or another person as determined by a physician,
18 clinical psychologist, or qualified examiner; or
19 (2) demonstrates threatening physical or verbal
20 behavior, such as violent, suicidal, or assaultive
21 threats, actions, or other behavior, as determined by a
22 physician, clinical psychologist, qualified examiner,
23 school administrator, or law enforcement official,
24 including any act that is intended to cause or create a
25 risk and does cause or create a risk of death or great
26 bodily harm to one or more persons.

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1 "Clinical psychologist" has the meaning provided in
2Section 1-103 of the Mental Health and Developmental
3Disabilities Code.
4 "Controlled substance" means a controlled substance or
5controlled substance analog as defined in the Illinois
6Controlled Substances Act.
7 "Counterfeit" means to copy or imitate, without legal
8authority, with intent to deceive.
9 "Federally licensed firearm dealer" means a person who is
10licensed as a federal firearms dealer under Section 923 of the
11federal Gun Control Act of 1968 (18 U.S.C. 923).
12 "Firearm" means any device, by whatever name known, which
13is designed to expel a projectile or projectiles by the action
14of an explosion, expansion of gas or escape of gas; excluding,
15however:
16 (1) any pneumatic gun, spring gun, paint ball gun, or
17 B-B gun which expels a single globular projectile not
18 exceeding .18 inch in diameter or which has a maximum
19 muzzle velocity of less than 700 feet per second;
20 (1.1) any pneumatic gun, spring gun, paint ball gun, or
21 B-B gun which expels breakable paint balls containing
22 washable marking colors;
23 (2) any device used exclusively for signalling or
24 safety and required or recommended by the United States
25 Coast Guard or the Interstate Commerce Commission;
26 (3) any device used exclusively for the firing of stud

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1 cartridges, explosive rivets or similar industrial
2 ammunition; and
3 (4) an antique firearm (other than a machine-gun)
4 which, although designed as a weapon, the Department of
5 State Police finds by reason of the date of its
6 manufacture, value, design, and other characteristics is
7 primarily a collector's item and is not likely to be used
8 as a weapon.
9 "Firearm ammunition" means any self-contained cartridge or
10shotgun shell, by whatever name known, which is designed to be
11used or adaptable to use in a firearm; excluding, however:
12 (1) any ammunition exclusively designed for use with a
13 device used exclusively for signalling or safety and
14 required or recommended by the United States Coast Guard or
15 the Interstate Commerce Commission; and
16 (2) any ammunition designed exclusively for use with a
17 stud or rivet driver or other similar industrial
18 ammunition.
19 "Gun show" means an event or function:
20 (1) at which the sale and transfer of firearms is the
21 regular and normal course of business and where 50 or more
22 firearms are displayed, offered, or exhibited for sale,
23 transfer, or exchange; or
24 (2) at which not less than 10 gun show vendors display,
25 offer, or exhibit for sale, sell, transfer, or exchange
26 firearms.

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1 "Gun show" includes the entire premises provided for an
2event or function, including parking areas for the event or
3function, that is sponsored to facilitate the purchase, sale,
4transfer, or exchange of firearms as described in this Section.
5Nothing in this definition shall be construed to exclude a gun
6show held in conjunction with competitive shooting events at
7the World Shooting Complex sanctioned by a national governing
8body in which the sale or transfer of firearms is authorized
9under subparagraph (5) of paragraph (g) of subsection (A) of
10Section 24-3 of the Criminal Code of 2012.
11 Unless otherwise expressly stated, "gun show" does not
12include training or safety classes, competitive shooting
13events, such as rifle, shotgun, or handgun matches, trap,
14skeet, or sporting clays shoots, dinners, banquets, raffles, or
15any other event where the sale or transfer of firearms is not
16the primary course of business.
17 "Gun show promoter" means a person who organizes or
18operates a gun show.
19 "Gun show vendor" means a person who exhibits, sells,
20offers for sale, transfers, or exchanges any firearms at a gun
21show, regardless of whether the person arranges with a gun show
22promoter for a fixed location from which to exhibit, sell,
23offer for sale, transfer, or exchange any firearm.
24 "Involuntarily admitted" has the meaning as prescribed in
25Sections 1-119 and 1-119.1 of the Mental Health and
26Developmental Disabilities Code.

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1 "Mental health facility" means any licensed private
2hospital or hospital affiliate, institution, or facility, or
3part thereof, and any facility, or part thereof, operated by
4the State or a political subdivision thereof which provide
5treatment of persons with mental illness and includes all
6hospitals, institutions, clinics, evaluation facilities,
7mental health centers, colleges, universities, long-term care
8facilities, and nursing homes, or parts thereof, which provide
9treatment of persons with mental illness whether or not the
10primary purpose is to provide treatment of persons with mental
11illness.
12 "National governing body" means a group of persons who
13adopt rules and formulate policy on behalf of a national
14firearm sporting organization.
15 "Patient" means:
16 (1) a person who voluntarily receives mental health
17 treatment as an in-patient or resident of any public or
18 private mental health facility, unless the treatment was
19 solely for an alcohol abuse disorder and no other secondary
20 substance abuse disorder or mental illness; or
21 (2) a person who voluntarily receives mental health
22 treatment as an out-patient or is provided services by a
23 public or private mental health facility, and who poses a
24 clear and present danger to himself, herself, or to others.
25 "Person with a developmental disability" means a person
26with a disability which is attributable to any other condition

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1which results in impairment similar to that caused by an
2intellectual disability and which requires services similar to
3those required by persons with intellectual disabilities. The
4disability must originate before the age of 18 years, be
5expected to continue indefinitely, and constitute a
6substantial disability. This disability results, in the
7professional opinion of a physician, clinical psychologist, or
8qualified examiner, in significant functional limitations in 3
9or more of the following areas of major life activity:
10 (i) self-care;
11 (ii) receptive and expressive language;
12 (iii) learning;
13 (iv) mobility; or
14 (v) self-direction.
15 "Person with an intellectual disability" means a person
16with a significantly subaverage general intellectual
17functioning which exists concurrently with impairment in
18adaptive behavior and which originates before the age of 18
19years.
20 "Physician" has the meaning as defined in Section 1-120 of
21the Mental Health and Developmental Disabilities Code.
22 "Qualified examiner" has the meaning provided in Section
231-122 of the Mental Health and Developmental Disabilities Code.
24 "Sanctioned competitive shooting event" means a shooting
25contest officially recognized by a national or state shooting
26sport association, and includes any sight-in or practice

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1conducted in conjunction with the event.
2 "School administrator" means the person required to report
3under the School Administrator Reporting of Mental Health Clear
4and Present Danger Determinations Law.
5 "Stun gun or taser" has the meaning ascribed to it in
6Section 24-1 of the Criminal Code of 2012.
7(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,
8eff. 7-27-15; 99-642, eff. 7-28-16.)
9 (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
10 Sec. 3.1. Firearm transfer inquiry program Dial up system.
11 (a) The Department of State Police shall provide a firearm
12transfer inquiry program consisting of a dial up telephone
13system or utilize other existing technology which shall be used
14by any federally licensed firearm dealer, gun show promoter, or
15gun show vendor who is to transfer a firearm, stun gun, or
16taser under the provisions of this Act. The Department of State
17Police may utilize existing technology which allows the caller
18to be charged a fee not to exceed $2. Fees collected by the
19Department of State Police shall be deposited in the State
20Police Services Fund and used to provide the service.
21 (b) Upon receiving a request from a federally licensed
22firearm dealer, gun show promoter, or gun show vendor, the
23Department of State Police shall immediately approve, or within
24the time period established by Section 24-3 of the Criminal
25Code of 2012 regarding the delivery of firearms, stun guns, and

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1tasers notify the inquiring dealer, gun show promoter, or gun
2show vendor of any objection that would disqualify the
3transferee from acquiring or possessing a firearm, stun gun, or
4taser. In conducting the inquiry, the Department of State
5Police shall initiate and complete an automated search of its
6criminal history record information files and those of the
7Federal Bureau of Investigation, including the National
8Instant Criminal Background Check System, and of the files of
9the Department of Human Services relating to mental health and
10developmental disabilities to obtain any felony conviction or
11patient hospitalization information which would disqualify a
12person from obtaining or require revocation of a currently
13valid Firearm Owner's Identification Card.
14 (c) If receipt of a firearm would not violate Section 24-3
15of the Criminal Code of 2012, federal law, or this Act the
16Department of State Police shall:
17 (1) assign a unique identification number to the
18 transfer; and
19 (2) provide the licensee, gun show promoter, or gun
20 show vendor with the number.
21 (d) Approvals issued by the Department of State Police for
22the purchase of a firearm are valid for 30 days from the date
23of issue.
24 (e) (1) The Department of State Police must act as the
25Illinois Point of Contact for the National Instant Criminal
26Background Check System.

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1 (2) The Department of State Police and the Department of
2Human Services shall, in accordance with State and federal law
3regarding confidentiality, enter into a memorandum of
4understanding with the Federal Bureau of Investigation for the
5purpose of implementing the National Instant Criminal
6Background Check System in the State. The Department of State
7Police shall report the name, date of birth, and physical
8description of any person prohibited from possessing a firearm
9pursuant to the Firearm Owners Identification Card Act or 18
10U.S.C. 922(g) and (n) to the National Instant Criminal
11Background Check System Index, Denied Persons Files.
12 (3) The Department of State Police shall, within 3 business
13days, provide notice of the disqualification of a person under
14subsection (b) of this Section or the revocation of a person's
15Firearm Owner's Identification Card under Section 8 or Section
168.2 of this Act, and the reason for the disqualification or
17revocation, to all law enforcement agencies with jurisdiction
18to assist with the seizure of the person's Firearm Owner's
19Identification Card.
20 (f) The Department of State Police shall adopt rules not
21inconsistent with this Section to implement this system.
22(Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17.)
23 (430 ILCS 65/3.3)
24 Sec. 3.3. Report to the local law enforcement agency;
25notification to the Federal Bureau of Investigation.

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1 (a) The Department of State Police must report the name and
2address of a person to the local law enforcement agency where
3the person resides if the person attempting to purchase a
4firearm is disqualified from purchasing a firearm because of
5information obtained under subsection (a-10) of Section 3 or
6Section 3.1 that would disqualify the person from obtaining a
7Firearm Owner's Identification Card under any of subsections
8(c) through (n) of Section 8 of this Act.
9 (b) The Department of State Police may notify the Federal
10Bureau of Investigation when a person named on the consolidated
11Terrorist Watchlist maintained by the Terrorist Screening
12Center administered by the Federal Bureau of Investigation is
13making application for a Firearm Owner's Identification Card.
14(Source: P.A. 98-508, eff. 8-19-13.)
15 (430 ILCS 65/8) (from Ch. 38, par. 83-8)
16 Sec. 8. Grounds for denial and revocation. The Department
17of State Police has authority to deny an application for or to
18revoke and seize a Firearm Owner's Identification Card
19previously issued under this Act only if the Department finds
20that the applicant or the person to whom such card was issued
21is or was at the time of issuance:
22 (a) A person under 21 years of age who has been
23 convicted of a misdemeanor other than a traffic offense or
24 adjudged delinquent;
25 (b) A person under 21 years of age who does not have

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1 the written consent of his parent or guardian to acquire
2 and possess firearms and firearm ammunition, or whose
3 parent or guardian has revoked such written consent, or
4 where such parent or guardian does not qualify to have a
5 Firearm Owner's Identification Card;
6 (c) A person convicted of a felony under the laws of
7 this or any other jurisdiction;
8 (d) A person addicted to narcotics;
9 (e) A person who has been a patient of a mental health
10 facility within the past 5 years or a person who has been a
11 patient in a mental health facility more than 5 years ago
12 who has not received the certification required under
13 subsection (u) of this Section. An active law enforcement
14 officer employed by a unit of government who is denied,
15 revoked, or has his or her Firearm Owner's Identification
16 Card seized under this subsection (e) may obtain relief as
17 described in subsection (c-5) of Section 10 of this Act if
18 the officer did not act in a manner threatening to the
19 officer, another person, or the public as determined by the
20 treating clinical psychologist or physician, and the
21 officer seeks mental health treatment;
22 (f) A person whose mental condition is of such a nature
23 that it poses a clear and present danger to the applicant,
24 any other person or persons or the community;
25 (g) A person who has an intellectual disability;
26 (h) A person who intentionally makes a false statement

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1 in the Firearm Owner's Identification Card application;
2 (i) An alien who is unlawfully present in the United
3 States under the laws of the United States;
4 (i-5) An alien who has been admitted to the United
5 States under a non-immigrant visa (as that term is defined
6 in Section 101(a)(26) of the Immigration and Nationality
7 Act (8 U.S.C. 1101(a)(26))), except that this subsection
8 (i-5) does not apply to any alien who has been lawfully
9 admitted to the United States under a non-immigrant visa if
10 that alien is:
11 (1) admitted to the United States for lawful
12 hunting or sporting purposes;
13 (2) an official representative of a foreign
14 government who is:
15 (A) accredited to the United States Government
16 or 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
20 which that alien is accredited;
21 (3) an official of a foreign government or
22 distinguished foreign visitor who has been so
23 designated by the Department of State;
24 (4) a foreign law enforcement officer of a friendly
25 foreign government entering the United States on
26 official business; or

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1 (5) one who has received a waiver from the Attorney
2 General of the United States pursuant to 18 U.S.C.
3 922(y)(3);
4 (j) (Blank);
5 (k) A person who has been convicted within the past 5
6 years of battery, assault, aggravated assault, violation
7 of an order of protection, or a substantially similar
8 offense in another jurisdiction, in which a firearm was
9 used or possessed;
10 (l) A person who has been convicted of domestic
11 battery, aggravated domestic battery, or a substantially
12 similar offense in another jurisdiction committed before,
13 on or after January 1, 2012 (the effective date of Public
14 Act 97-158). If the applicant or person who has been
15 previously issued a Firearm Owner's Identification Card
16 under this Act knowingly and intelligently waives the right
17 to have an offense described in this paragraph (l) tried by
18 a jury, and by guilty plea or otherwise, results in a
19 conviction for an offense in which a domestic relationship
20 is not a required element of the offense but in which a
21 determination of the applicability of 18 U.S.C. 922(g)(9)
22 is made under Section 112A-11.1 of the Code of Criminal
23 Procedure of 1963, an entry by the court of a judgment of
24 conviction for that offense shall be grounds for denying an
25 application for and for revoking and seizing a Firearm
26 Owner's Identification Card previously issued to the

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1 person under this Act;
2 (m) (Blank);
3 (n) A person who is prohibited from acquiring or
4 possessing firearms or firearm ammunition by any Illinois
5 State statute or by federal law;
6 (o) A minor subject to a petition filed under Section
7 5-520 of the Juvenile Court Act of 1987 alleging that the
8 minor is a delinquent minor for the commission of an
9 offense that if committed by an adult would be a felony;
10 (p) An adult who had been adjudicated a delinquent
11 minor under the Juvenile Court Act of 1987 for the
12 commission of an offense that if committed by an adult
13 would be a felony;
14 (q) A person who is not a resident of the State of
15 Illinois, except as provided in subsection (a-10) of
16 Section 4;
17 (r) A person who has been adjudicated as a person with
18 a mental disability;
19 (s) A person who has been found to have a developmental
20 disability;
21 (t) A person involuntarily admitted into a mental
22 health facility; or
23 (u) A person who has had his or her Firearm Owner's
24 Identification Card revoked or denied under subsection (e)
25 of this Section or item (iv) of paragraph (2) of subsection
26 (a) of Section 4 of this Act because he or she was a

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1 patient in a mental health facility as provided in
2 subsection (e) of this Section, shall not be permitted to
3 obtain a Firearm Owner's Identification Card, after the
4 5-year period has lapsed, unless he or she has received a
5 mental health evaluation by a physician, clinical
6 psychologist, or qualified examiner as those terms are
7 defined in the Mental Health and Developmental
8 Disabilities Code, and has received a certification that he
9 or she is not a clear and present danger to himself,
10 herself, or others. The physician, clinical psychologist,
11 or qualified examiner making the certification and his or
12 her employer shall not be held criminally, civilly, or
13 professionally liable for making or not making the
14 certification required under this subsection, except for
15 willful or wanton misconduct. This subsection does not
16 apply to a person whose firearm possession rights have been
17 restored through administrative or judicial action under
18 Section 10 or 11 of this Act; or
19 (v) A person who is charged with making a terrorist
20 threat as set forth in Section 29D-20 or soliciting or
21 providing material support for terrorism as set forth in
22 Section 29D-29.9 of the Criminal Code of 2012 or a similar
23 offense of another state or under federal law.
24 Upon revocation of a person's Firearm Owner's
25Identification Card, the Department of State Police shall
26provide notice to the person and the person shall comply with

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1Section 9.5 of this Act.
2(Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756,
3eff. 7-16-14; 99-143, eff. 7-27-15.)
4 (430 ILCS 65/9.5)
5 Sec. 9.5. Revocation of Firearm Owner's Identification
6Card.
7 (a) A person who receives a revocation notice under Section
89 of this Act shall, within 48 hours of receiving notice of the
9revocation:
10 (1) surrender his or her Firearm Owner's
11 Identification Card to the local law enforcement agency
12 where the person resides. The local law enforcement agency
13 shall provide the person a receipt and transmit the Firearm
14 Owner's Identification Card to the Department of State
15 Police; and
16 (2) complete a Firearm Disposition Record on a form
17 prescribed by the Department of State Police and place his
18 or her firearms in the location or with the person reported
19 in the Firearm Disposition Record. The form shall require
20 the person to disclose:
21 (A) the make, model, and serial number of each
22 firearm owned by or under the custody and control of
23 the revoked person;
24 (B) the location where each firearm will be
25 maintained during the prohibited term; and

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1 (C) if any firearm will be transferred to the
2 custody of another person, the name, address and
3 Firearm Owner's Identification Card number of the
4 transferee.
5 (b) The local law enforcement agency shall provide a copy
6of the Firearm Disposition Record to the person whose Firearm
7Owner's Identification Card has been revoked and to the
8Department of State Police.
9 (c) If the person whose Firearm Owner's Identification Card
10has been revoked fails to comply with the requirements of this
11Section, the sheriff or law enforcement agency where the person
12resides may petition the circuit court to issue a warrant to
13search for and seize the Firearm Owner's Identification Card
14and firearms in the possession or under the custody or control
15of the person whose Firearm Owner's Identification Card has
16been revoked.
17 (c-5) If the Department of State Police has not received
18the Firearm Owner's Identification Card or Firearms
19Disposition Record from the person, the Department shall send
20notice of noncompliance to the sheriff and law enforcement
21agency where the person resides and upon request the Department
22shall make this information of noncompliance available to the
23sheriff and law enforcement agency where the person resides.
24 (d) A violation of subsection (a) of this Section is a
25Class A misdemeanor.
26 (e) The observation of a Firearm Owner's Identification

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1Card in the possession of a person whose Firearm Owner's
2Identification Card has been revoked constitutes a sufficient
3basis for the arrest of that person for violation of this
4Section.
5 (f) Within 30 days after the effective date of this
6amendatory Act of the 98th General Assembly, the Department of
7State Police shall provide written notice of the requirements
8of this Section to persons whose Firearm Owner's Identification
9Cards have been revoked, suspended, or expired and who have
10failed to surrender their cards to the Department. Within 30
11days after the effective date of this amendatory Act of the
12100th General Assembly, and by January 31 of each year
13thereafter, the Department of State Police shall provide
14written notice, in the form and manner prescribed by the
15Department, of the requirements of this Section to every
16sheriff and law enforcement agency within this State.
17 (g) A person whose Firearm Owner's Identification Card has
18been revoked and who received notice under subsection (f) shall
19comply with the requirements of this Section within 48 hours of
20receiving notice.
21(Source: P.A. 98-63, eff. 7-9-13.)
22 Section 15. The Firearm Concealed Carry Act is amended by
23changing Section 65 as follows:
24 (430 ILCS 66/65)

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1 Sec. 65. Prohibitions Prohibited areas.
2 (a) A licensee under this Act shall not knowingly carry a
3firearm on or into:
4 (1) Any building, real property, and parking area under
5 the control of a public or private elementary or secondary
6 school.
7 (2) Any building, real property, and parking area under
8 the control of a pre-school or child care facility,
9 including any room or portion of a building under the
10 control of a pre-school or child care facility. Nothing in
11 this paragraph shall prevent the operator of a child care
12 facility in a family home from owning or possessing a
13 firearm in the home or license under this Act, if no child
14 under child care at the home is present in the home or the
15 firearm in the home is stored in a locked container when a
16 child under child care at the home is present in the home.
17 (3) Any building, parking area, or portion of a
18 building under the control of an officer of the executive
19 or legislative branch of government, provided that nothing
20 in this paragraph shall prohibit a licensee from carrying a
21 concealed firearm onto the real property, bikeway, or trail
22 in a park regulated by the Department of Natural Resources
23 or any other designated public hunting area or building
24 where firearm possession is permitted as established by the
25 Department of Natural Resources under Section 1.8 of the
26 Wildlife Code.

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1 (4) Any building designated for matters before a
2 circuit court, appellate court, or the Supreme Court, or
3 any building or portion of a building under the control of
4 the Supreme Court.
5 (5) Any building or portion of a building under the
6 control of a unit of local government.
7 (6) Any building, real property, and parking area under
8 the control of an adult or juvenile detention or
9 correctional institution, prison, or jail.
10 (7) Any building, real property, and parking area under
11 the control of a public or private hospital or hospital
12 affiliate, mental health facility, or nursing home.
13 (8) Any bus, train, or form of transportation paid for
14 in whole or in part with public funds, and any building,
15 real property, and parking area under the control of a
16 public transportation facility paid for in whole or in part
17 with public funds.
18 (9) Any building, real property, and parking area under
19 the control of an establishment that serves alcohol on its
20 premises, if more than 50% of the establishment's gross
21 receipts within the prior 3 months is from the sale of
22 alcohol. The owner of an establishment who knowingly fails
23 to prohibit concealed firearms on its premises as provided
24 in this paragraph or who knowingly makes a false statement
25 or record to avoid the prohibition on concealed firearms
26 under this paragraph is subject to the penalty under

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1 subsection (c-5) of Section 10-1 of the Liquor Control Act
2 of 1934.
3 (10) Any public gathering or special event conducted on
4 property open to the public that requires the issuance of a
5 permit from the unit of local government, provided this
6 prohibition shall not apply to a licensee who must walk
7 through a public gathering in order to access his or her
8 residence, place of business, or vehicle.
9 (11) Any building or real property that has been issued
10 a Special Event Retailer's license as defined in Section
11 1-3.17.1 of the Liquor Control Act during the time
12 designated for the sale of alcohol by the Special Event
13 Retailer's license, or a Special use permit license as
14 defined in subsection (q) of Section 5-1 of the Liquor
15 Control Act during the time designated for the sale of
16 alcohol by the Special use permit license.
17 (12) Any public playground.
18 (13) Any public park, athletic area, or athletic
19 facility under the control of a municipality or park
20 district, provided nothing in this Section shall prohibit a
21 licensee from carrying a concealed firearm while on a trail
22 or bikeway if only a portion of the trail or bikeway
23 includes a public park.
24 (14) Any real property under the control of the Cook
25 County Forest Preserve District.
26 (15) Any building, classroom, laboratory, medical

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1 clinic, hospital, artistic venue, athletic venue,
2 entertainment venue, officially recognized
3 university-related organization property, whether owned or
4 leased, and any real property, including parking areas,
5 sidewalks, and common areas under the control of a public
6 or private community college, college, or university.
7 (16) Any building, real property, or parking area under
8 the control of a gaming facility licensed under the
9 Riverboat Gambling Act or the Illinois Horse Racing Act of
10 1975, including an inter-track wagering location licensee.
11 (17) Any stadium, arena, or the real property or
12 parking area under the control of a stadium, arena, or any
13 collegiate or professional sporting event.
14 (18) Any building, real property, or parking area under
15 the control of a public library.
16 (19) Any building, real property, or parking area under
17 the control of an airport.
18 (20) Any building, real property, or parking area under
19 the control of an amusement park.
20 (21) Any building, real property, or parking area under
21 the control of a zoo or museum.
22 (22) Any street, driveway, parking area, property,
23 building, or facility, owned, leased, controlled, or used
24 by a nuclear energy, storage, weapons, or development site
25 or facility regulated by the federal Nuclear Regulatory
26 Commission. The licensee shall not under any circumstance

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1 store a firearm or ammunition in his or her vehicle or in a
2 compartment or container within a vehicle located anywhere
3 in or on the street, driveway, parking area, property,
4 building, or facility described in this paragraph.
5 (23) Any area where firearms are prohibited under
6 federal law.
7 (a-5) Nothing in this Act shall prohibit a public or
8private community college, college, or university from:
9 (1) prohibiting persons from carrying a firearm within
10 a vehicle owned, leased, or controlled by the college or
11 university;
12 (2) developing resolutions, regulations, or policies
13 regarding student, employee, or visitor misconduct and
14 discipline, including suspension and expulsion;
15 (3) developing resolutions, regulations, or policies
16 regarding the storage or maintenance of firearms, which
17 must include designated areas where persons can park
18 vehicles that carry firearms; and
19 (4) permitting the carrying or use of firearms for the
20 purpose of instruction and curriculum of officially
21 recognized programs, including but not limited to military
22 science and law enforcement training programs, or in any
23 designated area used for hunting purposes or target
24 shooting.
25 (a-10) The owner of private real property of any type may
26prohibit the carrying of concealed firearms on the property

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1under his or her control. The owner must post a sign in
2accordance with subsection (d) of this Section indicating that
3firearms are prohibited on the property, unless the property is
4a private residence.
5 (b) Notwithstanding subsections (a), (a-5), and (a-10) of
6this Section except under paragraph (22) or (23) of subsection
7(a), any licensee prohibited from carrying a concealed firearm
8into the parking area of a prohibited location specified in
9subsection (a), (a-5), or (a-10) of this Section shall be
10permitted to carry a concealed firearm on or about his or her
11person within a vehicle into the parking area and may store a
12firearm or ammunition concealed in a case within a locked
13vehicle or locked container out of plain view within the
14vehicle in the parking area. A licensee may carry a concealed
15firearm in the immediate area surrounding his or her vehicle
16within a prohibited parking lot area only for the limited
17purpose of storing or retrieving a firearm within the vehicle's
18trunk. For purposes of this subsection, "case" includes a glove
19compartment or console that completely encloses the concealed
20firearm or ammunition, the trunk of the vehicle, or a firearm
21carrying box, shipping box, or other container.
22 (c) A licensee shall not be in violation of this Section
23while he or she is traveling along a public right of way that
24touches or crosses any of the premises under subsection (a),
25(a-5), or (a-10) of this Section if the concealed firearm is
26carried on his or her person in accordance with the provisions

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1of this Act or is being transported in a vehicle by the
2licensee in accordance with all other applicable provisions of
3law.
4 (d) Signs stating that the carrying of firearms is
5prohibited shall be clearly and conspicuously posted at the
6entrance of a building, premises, or real property specified in
7this Section as a prohibited area, unless the building or
8premises is a private residence. Signs shall be of a uniform
9design as established by the Department and shall be 4 inches
10by 6 inches in size. The Department shall adopt rules for
11standardized signs to be used under this subsection.
12 (e) A person licensed under this Act shall not carry a
13handgun equipped with a suppressor or silencer when carrying a
14handgun under this Act.
15(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
16 Section 20. The Wildlife Code is amended by changing
17Section 2.33 as follows:
18 (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
19 Sec. 2.33. Prohibitions.
20 (a) It is unlawful to carry or possess any gun in any State
21refuge unless otherwise permitted by administrative rule.
22 (b) It is unlawful to use or possess any snare or
23snare-like device, deadfall, net, or pit trap to take any
24species, except that snares not powered by springs or other

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1mechanical devices may be used to trap fur-bearing mammals, in
2water sets only, if at least one-half of the snare noose is
3located underwater at all times.
4 (c) It is unlawful for any person at any time to take a
5wild mammal protected by this Act from its den by means of any
6mechanical device, spade, or digging device or to use smoke or
7other gases to dislodge or remove such mammal except as
8provided in Section 2.37.
9 (d) It is unlawful to use a ferret or any other small
10mammal which is used in the same or similar manner for which
11ferrets are used for the purpose of frightening or driving any
12mammals from their dens or hiding places.
13 (e) (Blank).
14 (f) It is unlawful to use spears, gigs, hooks or any like
15device to take any species protected by this Act.
16 (g) It is unlawful to use poisons, chemicals or explosives
17for the purpose of taking any species protected by this Act.
18 (h) It is unlawful to hunt adjacent to or near any peat,
19grass, brush or other inflammable substance when it is burning.
20 (i) It is unlawful to take, pursue or intentionally harass
21or disturb in any manner any wild birds or mammals by use or
22aid of any vehicle or conveyance, except as permitted by the
23Code of Federal Regulations for the taking of waterfowl. It is
24also unlawful to use the lights of any vehicle or conveyance or
25any light from or any light connected to the vehicle or
26conveyance in any area where wildlife may be found except in

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1accordance with Section 2.37 of this Act; however, nothing in
2this Section shall prohibit the normal use of headlamps for the
3purpose of driving upon a roadway. Striped skunk, opossum, red
4fox, gray fox, raccoon, bobcat, and coyote may be taken during
5the open season by use of a small light which is worn on the
6body or hand-held by a person on foot and not in any vehicle.
7 (j) It is unlawful to use any shotgun larger than 10 gauge
8while taking or attempting to take any of the species protected
9by this Act.
10 (k) It is unlawful to use or possess in the field any
11shotgun shell loaded with a shot size larger than lead BB or
12steel T (.20 diameter) when taking or attempting to take any
13species of wild game mammals (excluding white-tailed deer),
14wild game birds, migratory waterfowl or migratory game birds
15protected by this Act, except white-tailed deer as provided for
16in Section 2.26 and other species as provided for by subsection
17(l) or administrative rule.
18 (l) It is unlawful to take any species of wild game, except
19white-tailed deer and fur-bearing mammals, with a shotgun
20loaded with slugs unless otherwise provided for by
21administrative rule.
22 (m) It is unlawful to use any shotgun capable of holding
23more than 3 shells in the magazine or chamber combined, except
24on game breeding and hunting preserve areas licensed under
25Section 3.27 and except as permitted by the Code of Federal
26Regulations for the taking of waterfowl. If the shotgun is

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1capable of holding more than 3 shells, it shall, while being
2used on an area other than a game breeding and shooting
3preserve area licensed pursuant to Section 3.27, be fitted with
4a one piece plug that is irremovable without dismantling the
5shotgun or otherwise altered to render it incapable of holding
6more than 3 shells in the magazine and chamber, combined.
7 (n) It is unlawful for any person, except persons who
8possess a permit to hunt from a vehicle as provided in this
9Section and persons otherwise permitted by law, to have or
10carry any gun in or on any vehicle, conveyance or aircraft,
11unless such gun is unloaded and enclosed in a case, except that
12at field trials authorized by Section 2.34 of this Act,
13unloaded guns or guns loaded with blank cartridges only, may be
14carried on horseback while not contained in a case, or to have
15or carry any bow or arrow device in or on any vehicle unless
16such bow or arrow device is unstrung or enclosed in a case, or
17otherwise made inoperable.
18 (o) It is unlawful to use any crossbow for the purpose of
19taking any wild birds or mammals, except as provided for in
20Section 2.5.
21 (p) It is unlawful to take game birds, migratory game birds
22or migratory waterfowl with a rifle, pistol, revolver or
23airgun.
24 (q) It is unlawful to fire a rifle, pistol, revolver or
25airgun on, over or into any waters of this State, including
26frozen waters.

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1 (r) It is unlawful to discharge any gun or bow and arrow
2device along, upon, across, or from any public right-of-way or
3highway in this State.
4 (s) (Blank). It is unlawful to use a silencer or other
5device to muffle or mute the sound of the explosion or report
6resulting from the firing of any gun.
7 (t) It is unlawful for any person to take or attempt to
8take any species of wildlife or parts thereof, intentionally or
9wantonly allow a dog to hunt, within or upon the land of
10another, or upon waters flowing over or standing on the land of
11another, or to knowingly shoot a gun or bow and arrow device at
12any wildlife physically on or flying over the property of
13another without first obtaining permission from the owner or
14the owner's designee. For the purposes of this Section, the
15owner's designee means anyone who the owner designates in a
16written authorization and the authorization must contain (i)
17the legal or common description of property for such authority
18is given, (ii) the extent that the owner's designee is
19authorized to make decisions regarding who is allowed to take
20or attempt to take any species of wildlife or parts thereof,
21and (iii) the owner's notarized signature. Before enforcing
22this Section the law enforcement officer must have received
23notice from the owner or the owner's designee of a violation of
24this Section. Statements made to the law enforcement officer
25regarding this notice shall not be rendered inadmissible by the
26hearsay rule when offered for the purpose of showing the

SB0050- 33 -LRB100 06293 JWD 16330 b
1required notice.
2 (u) It is unlawful for any person to discharge any firearm
3for the purpose of taking any of the species protected by this
4Act, or hunt with gun or dog, or intentionally or wantonly
5allow a dog to hunt, within 300 yards of an inhabited dwelling
6without first obtaining permission from the owner or tenant,
7except that while trapping, hunting with bow and arrow, hunting
8with dog and shotgun using shot shells only, or hunting with
9shotgun using shot shells only, or providing outfitting
10services under a waterfowl outfitter permit, or on licensed
11game breeding and hunting preserve areas, as defined in Section
123.27, on federally owned and managed lands and on Department
13owned, managed, leased, or controlled lands, a 100 yard
14restriction shall apply.
15 (v) It is unlawful for any person to remove fur-bearing
16mammals from, or to move or disturb in any manner, the traps
17owned by another person without written authorization of the
18owner to do so.
19 (w) It is unlawful for any owner of a dog to knowingly or
20wantonly allow his or her dog to pursue, harass or kill deer,
21except that nothing in this Section shall prohibit the tracking
22of wounded deer with a dog in accordance with the provisions of
23Section 2.26 of this Code.
24 (x) It is unlawful for any person to wantonly or carelessly
25injure or destroy, in any manner whatsoever, any real or
26personal property on the land of another while engaged in

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1hunting or trapping thereon.
2 (y) It is unlawful to hunt wild game protected by this Act
3between one half hour after sunset and one half hour before
4sunrise, except that hunting hours between one half hour after
5sunset and one half hour before sunrise may be established by
6administrative rule for fur-bearing mammals.
7 (z) It is unlawful to take any game bird (excluding wild
8turkeys and crippled pheasants not capable of normal flight and
9otherwise irretrievable) protected by this Act when not flying.
10Nothing in this Section shall prohibit a person from carrying
11an uncased, unloaded shotgun in a boat, while in pursuit of a
12crippled migratory waterfowl that is incapable of normal
13flight, for the purpose of attempting to reduce the migratory
14waterfowl to possession, provided that the attempt is made
15immediately upon downing the migratory waterfowl and is done
16within 400 yards of the blind from which the migratory
17waterfowl was downed. This exception shall apply only to
18migratory game birds that are not capable of normal flight.
19Migratory waterfowl that are crippled may be taken only with a
20shotgun as regulated by subsection (j) of this Section using
21shotgun shells as regulated in subsection (k) of this Section.
22 (aa) It is unlawful to use or possess any device that may
23be used for tree climbing or cutting, while hunting fur-bearing
24mammals, excluding coyotes.
25 (bb) It is unlawful for any person, except licensed game
26breeders, pursuant to Section 2.29 to import, carry into, or

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1possess alive in this State any species of wildlife taken
2outside of this State, without obtaining permission to do so
3from the Director.
4 (cc) It is unlawful for any person to have in his or her
5possession any freshly killed species protected by this Act
6during the season closed for taking.
7 (dd) It is unlawful to take any species protected by this
8Act and retain it alive except as provided by administrative
9rule.
10 (ee) It is unlawful to possess any rifle while in the field
11during gun deer season except as provided in Section 2.26 and
12administrative rules.
13 (ff) It is unlawful for any person to take any species
14protected by this Act, except migratory waterfowl, during the
15gun deer hunting season in those counties open to gun deer
16hunting, unless he or she wears, when in the field, a cap and
17upper outer garment of a solid blaze orange color, with such
18articles of clothing displaying a minimum of 400 square inches
19of blaze orange material.
20 (gg) It is unlawful during the upland game season for any
21person to take upland game with a firearm unless he or she
22wears, while in the field, a cap of solid blaze orange color.
23For purposes of this Act, upland game is defined as Bobwhite
24Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
25Cottontail and Swamp Rabbit.
26 (hh) It shall be unlawful to kill or cripple any species

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1protected by this Act for which there is a bag limit without
2making a reasonable effort to retrieve such species and include
3such in the bag limit. It shall be unlawful for any person
4having control over harvested game mammals, game birds, or
5migratory game birds for which there is a bag limit to wantonly
6waste or destroy the usable meat of the game, except this shall
7not apply to wildlife taken under Sections 2.37 or 3.22 of this
8Code. For purposes of this subsection, "usable meat" means the
9breast meat of a game bird or migratory game bird and the hind
10ham and front shoulders of a game mammal. It shall be unlawful
11for any person to place, leave, dump, or abandon a wildlife
12carcass or parts of it along or upon a public right-of-way or
13highway or on public or private property, including a waterway
14or stream, without the permission of the owner or tenant. It
15shall not be unlawful to discard game meat that is determined
16to be unfit for human consumption.
17 (ii) This Section shall apply only to those species
18protected by this Act taken within the State. Any species or
19any parts thereof, legally taken in and transported from other
20states or countries, may be possessed within the State, except
21as provided in this Section and Sections 2.35, 2.36 and 3.21.
22 (jj) (Blank).
23 (kk) Nothing contained in this Section shall prohibit the
24Director from issuing permits to paraplegics or to other
25persons with disabilities who meet the requirements set forth
26in administrative rule to shoot or hunt from a vehicle as

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1provided by that rule, provided that such is otherwise in
2accord with this Act.
3 (ll) Nothing contained in this Act shall prohibit the
4taking of aquatic life protected by the Fish and Aquatic Life
5Code or birds and mammals protected by this Act, except deer
6and fur-bearing mammals, from a boat not camouflaged or
7disguised to alter its identity or to further provide a place
8of concealment and not propelled by sail or mechanical power.
9However, only shotguns not larger than 10 gauge nor smaller
10than .410 bore loaded with not more than 3 shells of a shot
11size no larger than lead BB or steel T (.20 diameter) may be
12used to take species protected by this Act.
13 (mm) Nothing contained in this Act shall prohibit the use
14of a shotgun, not larger than 10 gauge nor smaller than a 20
15gauge, with a rifled barrel.
16 (nn) It shall be unlawful to possess any species of
17wildlife or wildlife parts taken unlawfully in Illinois, any
18other state, or any other country, whether or not the wildlife
19or wildlife parts is indigenous to Illinois. For the purposes
20of this subsection, the statute of limitations for unlawful
21possession of wildlife or wildlife parts shall not cease until
222 years after the possession has permanently ended.
23(Source: P.A. 98-119, eff. 1-1-14; 98-181, eff. 8-5-13; 98-183,
24eff. 1-1-14; 98-290, eff. 8-9-13; 98-756, eff. 7-16-14; 98-914,
25eff. 1-1-15; 99-33, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642,
26eff. 7-28-16.)

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1 Section 25. The Criminal Code of 2012 is amended by
2changing Section 24-1 and 24-3 as follows:
3 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
4 Sec. 24-1. Unlawful use of weapons.
5 (a) A person commits the offense of unlawful use of weapons
6when he knowingly:
7 (1) Sells, manufactures, purchases, possesses or
8 carries any bludgeon, black-jack, slung-shot, sand-club,
9 sand-bag, metal knuckles or other knuckle weapon
10 regardless of its composition, throwing star, or any knife,
11 commonly referred to as a switchblade knife, which has a
12 blade that opens automatically by hand pressure applied to
13 a button, spring or other device in the handle of the
14 knife, or a ballistic knife, which is a device that propels
15 a knifelike blade as a projectile by means of a coil
16 spring, elastic material or compressed gas; or
17 (2) Carries or possesses with intent to use the same
18 unlawfully against another, a dagger, dirk, billy,
19 dangerous knife, razor, stiletto, broken bottle or other
20 piece of glass, stun gun or taser or any other dangerous or
21 deadly weapon or instrument of like character; or
22 (3) Carries on or about his person or in any vehicle, a
23 tear gas gun projector or bomb or any object containing
24 noxious liquid gas or substance, other than an object

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1 containing a non-lethal noxious liquid gas or substance
2 designed solely for personal defense carried by a person 18
3 years of age or older; or
4 (4) Carries or possesses in any vehicle or concealed on
5 or about his person except when on his land or in his own
6 abode, legal dwelling, or fixed place of business, or on
7 the land or in the legal dwelling of another person as an
8 invitee with that person's permission, any pistol,
9 revolver, stun gun or taser or other firearm, except that
10 this subsection (a) (4) does not apply to or affect
11 transportation of weapons that meet one of the following
12 conditions:
13 (i) are broken down in a non-functioning state; or
14 (ii) are not immediately accessible; or
15 (iii) are unloaded and enclosed in a case, firearm
16 carrying box, shipping box, or other container by a
17 person who has been issued a currently valid Firearm
18 Owner's Identification Card; or
19 (iv) are carried or possessed in accordance with
20 the Firearm Concealed Carry Act by a person who has
21 been issued a currently valid license under the Firearm
22 Concealed Carry Act; or
23 (5) Sets a spring gun; or
24 (6) Either:
25 (i) uses, attaches, or possesses with the intent to
26 use or attach Possesses any device or attachment of any

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1 kind for designed, used or intended for use in
2 silencing the report of any handgun, unless the use,
3 attachment, or possession with the intent to use the
4 device or attachment is on the premises of a firing or
5 shooting range; or
6 (ii) possesses any device or attachment of any kind
7 designed, used, or intended for use in silencing the
8 report of any firearm, other than a handgun, if the
9 device or attachment is not possessed in compliance
10 with the National Firearms Act firearm; or
11 (7) Sells, manufactures, purchases, possesses or
12 carries:
13 (i) a machine gun, which shall be defined for the
14 purposes of this subsection as any weapon, which
15 shoots, is designed to shoot, or can be readily
16 restored to shoot, automatically more than one shot
17 without manually reloading by a single function of the
18 trigger, including the frame or receiver of any such
19 weapon, or sells, manufactures, purchases, possesses,
20 or carries any combination of parts designed or
21 intended for use in converting any weapon into a
22 machine gun, or any combination or parts from which a
23 machine gun can be assembled if such parts are in the
24 possession or under the control of a person;
25 (ii) any rifle having one or more barrels less than
26 16 inches in length or a shotgun having one or more

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1 barrels less than 18 inches in length or any weapon
2 made from a rifle or shotgun, whether by alteration,
3 modification, or otherwise, if such a weapon as
4 modified has an overall length of less than 26 inches;
5 or
6 (iii) any bomb, bomb-shell, grenade, bottle or
7 other container containing an explosive substance of
8 over one-quarter ounce for like purposes, such as, but
9 not limited to, black powder bombs and Molotov
10 cocktails or artillery projectiles; or
11 (8) Carries or possesses any firearm, stun gun or taser
12 or other deadly weapon in any place which is licensed to
13 sell intoxicating beverages, or at any public gathering
14 held pursuant to a license issued by any governmental body
15 or any public gathering at which an admission is charged,
16 excluding a place where a showing, demonstration or lecture
17 involving the exhibition of unloaded firearms is
18 conducted.
19 This subsection (a)(8) does not apply to any auction or
20 raffle of a firearm held pursuant to a license or permit
21 issued by a governmental body, nor does it apply to persons
22 engaged in firearm safety training courses; or
23 (9) Carries or possesses in a vehicle or on or about
24 his person any pistol, revolver, stun gun or taser or
25 firearm or ballistic knife, when he is hooded, robed or
26 masked in such manner as to conceal his identity; or

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1 (10) Carries or possesses on or about his person, upon
2 any public street, alley, or other public lands within the
3 corporate limits of a city, village or incorporated town,
4 except when an invitee thereon or therein, for the purpose
5 of the display of such weapon or the lawful commerce in
6 weapons, or except when on his land or in his own abode,
7 legal dwelling, or fixed place of business, or on the land
8 or in the legal dwelling of another person as an invitee
9 with that person's permission, any pistol, revolver, stun
10 gun or taser or other firearm, except that this subsection
11 (a) (10) does not apply to or affect transportation of
12 weapons that meet one of the following conditions:
13 (i) are broken down in a non-functioning state; or
14 (ii) are not immediately accessible; or
15 (iii) are unloaded and enclosed in a case, firearm
16 carrying box, shipping box, or other container by a
17 person who has been issued a currently valid Firearm
18 Owner's Identification Card; or
19 (iv) are carried or possessed in accordance with
20 the Firearm Concealed Carry Act by a person who has
21 been issued a currently valid license under the Firearm
22 Concealed Carry Act.
23 A "stun gun or taser", as used in this paragraph (a)
24 means (i) any device which is powered by electrical
25 charging units, such as, batteries, and which fires one or
26 several barbs attached to a length of wire and which, upon

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1 hitting a human, can send out a current capable of
2 disrupting the person's nervous system in such a manner as
3 to render him incapable of normal functioning or (ii) any
4 device which is powered by electrical charging units, such
5 as batteries, and which, upon contact with a human or
6 clothing worn by a human, can send out current capable of
7 disrupting the person's nervous system in such a manner as
8 to render him incapable of normal functioning; or
9 (11) Sells, manufactures or purchases any explosive
10 bullet. For purposes of this paragraph (a) "explosive
11 bullet" means the projectile portion of an ammunition
12 cartridge which contains or carries an explosive charge
13 which will explode upon contact with the flesh of a human
14 or an animal. "Cartridge" means a tubular metal case having
15 a projectile affixed at the front thereof and a cap or
16 primer at the rear end thereof, with the propellant
17 contained in such tube between the projectile and the cap;
18 or
19 (12) (Blank); or
20 (13) Carries or possesses on or about his or her person
21 while in a building occupied by a unit of government, a
22 billy club, other weapon of like character, or other
23 instrument of like character intended for use as a weapon.
24 For the purposes of this Section, "billy club" means a
25 short stick or club commonly carried by police officers
26 which is either telescopic or constructed of a solid piece

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1 of wood or other man-made material.
2 (b) Sentence. A person convicted of a violation of
3subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
4subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
5Class A misdemeanor. A person convicted of a violation of
6subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
7person convicted of a violation of subsection 24-1(a)(6)or
824-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
9convicted of a violation of subsection 24-1(a)(7)(i) commits a
10Class 2 felony and shall be sentenced to a term of imprisonment
11of not less than 3 years and not more than 7 years, unless the
12weapon is possessed in the passenger compartment of a motor
13vehicle as defined in Section 1-146 of the Illinois Vehicle
14Code, or on the person, while the weapon is loaded, in which
15case it shall be a Class X felony. A person convicted of a
16second or subsequent violation of subsection 24-1(a)(4),
1724-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
18felony. The possession of each weapon in violation of this
19Section constitutes a single and separate violation.
20 (c) Violations in specific places.
21 (1) A person who violates subsection 24-1(a)(6)or
22 24-1(a)(7) in any school, regardless of the time of day or
23 the time of year, in residential property owned, operated
24 or 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 the real

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1 property comprising any school, regardless of the time of
2 day or the time of year, on residential property owned,
3 operated or managed by a public housing agency or leased by
4 a public housing agency as part of a scattered site or
5 mixed-income development, on the real property comprising
6 any public park, on the real property comprising any
7 courthouse, in any conveyance owned, leased or contracted
8 by a school to transport students to or from school or a
9 school related activity, in any conveyance owned, leased,
10 or contracted by a public transportation agency, or on any
11 public way within 1,000 feet of the real property
12 comprising any school, public park, courthouse, public
13 transportation facility, or residential property owned,
14 operated, or managed by a public housing agency or leased
15 by a public housing agency as part of a scattered site or
16 mixed-income development commits a Class 2 felony and shall
17 be sentenced to a term of imprisonment of not less than 3
18 years and not more than 7 years.
19 (1.5) A person who violates subsection 24-1(a)(4),
20 24-1(a)(9), or 24-1(a)(10) in any school, regardless of the
21 time of day or the time of year, in residential property
22 owned, operated, or managed by a public housing agency or
23 leased by a public housing agency as part of a scattered
24 site or mixed-income development, in a public park, in a
25 courthouse, on the real property comprising any school,
26 regardless of the time of day or the time of year, 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, in any conveyance
6 owned, leased, or contracted by a school to transport
7 students to or from school or a school related activity, in
8 any conveyance owned, leased, or contracted by a public
9 transportation agency, or on any public way within 1,000
10 feet of the real property comprising any school, public
11 park, courthouse, public transportation facility, or
12 residential property owned, operated, or managed by a
13 public housing agency or leased by a public housing agency
14 as part of a scattered site or mixed-income development
15 commits a Class 3 felony.
16 (2) A person who violates subsection 24-1(a)(1),
17 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
18 time of day or the time of year, in residential property
19 owned, operated or managed by a public housing agency or
20 leased by a public housing agency as part of a scattered
21 site or mixed-income development, in a public park, in a
22 courthouse, on the real property comprising any school,
23 regardless of the time of day or the time of year, on
24 residential property owned, operated or managed by a public
25 housing agency or leased by a public housing agency as part
26 of a scattered site or mixed-income development, on the

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1 real property comprising any public park, on the real
2 property comprising any courthouse, in any conveyance
3 owned, leased or contracted by a school to transport
4 students to or from school or a school related activity, in
5 any conveyance owned, leased, or contracted by a public
6 transportation agency, or on any public way within 1,000
7 feet of the real property comprising any school, public
8 park, courthouse, public transportation facility, 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.

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1 (5) For the purposes of this subsection (c), "public
2 transportation agency" means a public or private agency
3 that provides for the transportation or conveyance of
4 persons by means available to the general public, except
5 for transportation by automobiles not used for conveyance
6 of the general public as passengers; and "public
7 transportation facility" means a terminal or other place
8 where one may obtain public transportation.
9 (d) The presence in an automobile other than a public
10omnibus of any weapon, instrument or substance referred to in
11subsection (a)(7) is prima facie evidence that it is in the
12possession of, and is being carried by, all persons occupying
13such automobile at the time such weapon, instrument or
14substance is found, except under the following circumstances:
15(i) if such weapon, instrument or instrumentality is found upon
16the person of one of the occupants therein; or (ii) if such
17weapon, instrument or substance is found in an automobile
18operated for hire by a duly licensed driver in the due, lawful
19and proper pursuit of his trade, then such presumption shall
20not apply to the driver.
21 (e) Exemptions. Crossbows, Common or Compound bows and
22Underwater Spearguns are exempted from the definition of
23ballistic knife as defined in paragraph (1) of subsection (a)
24of this Section.
25(Source: P.A. 99-29, eff. 7-10-15.)

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1 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
2 Sec. 24-3. Unlawful sale or delivery of firearms.
3 (A) A person commits the offense of unlawful sale or
4delivery of firearms when he or she knowingly does any of the
5following:
6 (a) Sells or gives any firearm of a size which may be
7 concealed upon the person to any person under 18 years of
8 age.
9 (b) Sells or gives any firearm to a person under 21
10 years of age who has been convicted of a misdemeanor other
11 than a traffic offense or adjudged delinquent.
12 (c) Sells or gives any firearm to any narcotic addict.
13 (d) Sells or gives any firearm to any person who has
14 been convicted of a felony under the laws of this or any
15 other jurisdiction.
16 (e) Sells or gives any firearm to any person who has
17 been a patient in a mental institution within the past 5
18 years. In this subsection (e):
19 "Mental institution" means any hospital,
20 institution, clinic, evaluation facility, mental
21 health center, or part thereof, which is used primarily
22 for the care or treatment of persons with mental
23 illness.
24 "Patient in a mental institution" means the person
25 was admitted, either voluntarily or involuntarily, to
26 a mental institution for mental health treatment,

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1 unless the treatment was voluntary and solely for an
2 alcohol abuse disorder and no other secondary
3 substance abuse disorder or mental illness.
4 (f) Sells or gives any firearms to any person who is a
5 person with an intellectual disability.
6 (g) Delivers any firearm of a size which may be
7 concealed upon the person, incidental to a sale, without
8 withholding delivery of such firearm for at least 72 hours
9 after application for its purchase has been made, or
10 delivers any rifle, shotgun or other long gun, or a stun
11 gun or taser, incidental to a sale, without withholding
12 delivery of such rifle, shotgun or other long gun, or a
13 stun gun or taser for at least 24 hours after application
14 for its purchase has been made. However, this paragraph (g)
15 does not apply to: (1) the sale of a firearm to a law
16 enforcement officer if the seller of the firearm knows that
17 the person to whom he or she is selling the firearm is a
18 law enforcement officer or the sale of a firearm to a
19 person who desires to purchase a firearm for use in
20 promoting the public interest incident to his or her
21 employment as a bank guard, armed truck guard, or other
22 similar employment; (2) a mail order sale of a firearm from
23 a federally licensed firearms dealer to a nonresident of
24 Illinois under which the firearm is mailed to a federally
25 licensed firearms dealer outside the boundaries of
26 Illinois; (3) the sale of a firearm to a nonresident of

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1 Illinois while at a firearm showing or display recognized
2 by the Illinois Department of State Police; (4) the sale of
3 a firearm to a dealer licensed as a federal firearms dealer
4 under Section 923 of the federal Gun Control Act of 1968
5 (18 U.S.C. 923); or (5) the transfer or sale of any rifle,
6 shotgun, or other long gun to a resident registered
7 competitor or attendee or non-resident registered
8 competitor or attendee by any dealer licensed as a federal
9 firearms dealer under Section 923 of the federal Gun
10 Control Act of 1968 at competitive shooting events held at
11 the World Shooting Complex sanctioned by a national
12 governing body. For purposes of transfers or sales under
13 subparagraph (5) of this paragraph (g), the Department of
14 Natural Resources shall give notice to the Department of
15 State Police at least 30 calendar days prior to any
16 competitive shooting events at the World Shooting Complex
17 sanctioned by a national governing body. The notification
18 shall be made on a form prescribed by the Department of
19 State Police. The sanctioning body shall provide a list of
20 all registered competitors and attendees at least 24 hours
21 before the events to the Department of State Police. Any
22 changes to the list of registered competitors and attendees
23 shall be forwarded to the Department of State Police as
24 soon as practicable. The Department of State Police must
25 destroy the list of registered competitors and attendees no
26 later than 30 days after the date of the event. Nothing in

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1 this paragraph (g) relieves a federally licensed firearm
2 dealer from the requirements of conducting a NICS
3 background check through the Illinois Point of Contact
4 under 18 U.S.C. 922(t). For purposes of this paragraph (g),
5 "application" means when the buyer and seller reach an
6 agreement to purchase a firearm. For purposes of this
7 paragraph (g), "national governing body" means a group of
8 persons who adopt rules and formulate policy on behalf of a
9 national firearm sporting organization.
10 (h) While holding any license as a dealer, importer,
11 manufacturer or pawnbroker under the federal Gun Control
12 Act of 1968, manufactures, sells or delivers to any
13 unlicensed person a handgun having a barrel, slide, frame
14 or receiver which is a die casting of zinc alloy or any
15 other nonhomogeneous metal which will melt or deform at a
16 temperature of less than 800 degrees Fahrenheit. For
17 purposes of this paragraph, (1) "firearm" is defined as in
18 the Firearm Owners Identification Card Act; and (2)
19 "handgun" is defined as a firearm designed to be held and
20 fired by the use of a single hand, and includes a
21 combination of parts from which such a firearm can be
22 assembled.
23 (i) Sells or gives a firearm of any size to any person
24 under 18 years of age who does not possess a valid Firearm
25 Owner's Identification Card.
26 (j) Sells or gives a firearm while engaged in the

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1 business of selling firearms at wholesale or retail without
2 being licensed as a federal firearms dealer under Section
3 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
4 In this paragraph (j):
5 A person "engaged in the business" means a person who
6 devotes time, attention, and labor to engaging in the
7 activity as a regular course of trade or business with the
8 principal objective of livelihood and profit, but does not
9 include a person who makes occasional repairs of firearms
10 or who occasionally fits special barrels, stocks, or
11 trigger mechanisms to firearms.
12 "With the principal objective of livelihood and
13 profit" means that the intent underlying the sale or
14 disposition of firearms is predominantly one of obtaining
15 livelihood and pecuniary gain, as opposed to other intents,
16 such as improving or liquidating a personal firearms
17 collection; however, proof of profit shall not be required
18 as to a person who engages in the regular and repetitive
19 purchase and disposition of firearms for criminal purposes
20 or terrorism.
21 (k) Sells or transfers ownership of a firearm to a
22 person who does not display to the seller or transferor of
23 the firearm either: (1) a currently valid Firearm Owner's
24 Identification Card that has previously been issued in the
25 transferee's name by the Department of State Police under
26 the provisions of the Firearm Owners Identification Card

SB0050- 54 -LRB100 06293 JWD 16330 b
1 Act; or (2) a currently valid license to carry a concealed
2 firearm that has previously been issued in the transferee's
3 name by the Department of State Police under the Firearm
4 Concealed Carry Act. This paragraph (k) does not apply to
5 the transfer of a firearm to a person who is exempt from
6 the requirement of possessing a Firearm Owner's
7 Identification Card under Section 2 of the Firearm Owners
8 Identification Card Act. For the purposes of this Section,
9 a currently valid Firearm Owner's Identification Card
10 means (i) a Firearm Owner's Identification Card that has
11 not expired or (ii) an approval number issued in accordance
12 with subsection (a-10) of subsection 3 or Section 3.1 of
13 the Firearm Owners Identification Card Act shall be proof
14 that the Firearm Owner's Identification Card was valid.
15 (1) In addition to the other requirements of this
16 paragraph (k), all persons who are not federally
17 licensed firearms dealers must also have complied with
18 subsection (a-10) of Section 3 of the Firearm Owners
19 Identification Card Act by determining the validity of
20 a purchaser's Firearm Owner's Identification Card.
21 (2) All sellers or transferors who have complied
22 with the requirements of subparagraph (1) of this
23 paragraph (k) shall not be liable for damages in any
24 civil action arising from the use or misuse by the
25 transferee of the firearm transferred, except for
26 willful or wanton misconduct on the part of the seller

SB0050- 55 -LRB100 06293 JWD 16330 b
1 or transferor.
2 (l) Not being entitled to the possession of a firearm,
3 delivers the firearm, knowing it to have been stolen or
4 converted. It may be inferred that a person who possesses a
5 firearm with knowledge that its serial number has been
6 removed or altered has knowledge that the firearm is stolen
7 or converted.
8 (m) Transfers or gives a suppressor or silencer to a person
9not authorized to possess the suppressor or silencer under
10federal law.
11 (B) Paragraph (h) of subsection (A) does not include
12firearms sold within 6 months after enactment of Public Act
1378-355 (approved August 21, 1973, effective October 1, 1973),
14nor is any firearm legally owned or possessed by any citizen or
15purchased by any citizen within 6 months after the enactment of
16Public Act 78-355 subject to confiscation or seizure under the
17provisions of that Public Act. Nothing in Public Act 78-355
18shall be construed to prohibit the gift or trade of any firearm
19if that firearm was legally held or acquired within 6 months
20after the enactment of that Public Act.
21 (C) Sentence.
22 (1) Any person convicted of unlawful sale or delivery
23 of firearms in violation of paragraph (c), (e), (f), (g),
24 or (h) of subsection (A) commits a Class 4 felony.
25 (2) Any person convicted of unlawful sale or delivery
26 of firearms in violation of paragraph (b) or (i), or (m) of

SB0050- 56 -LRB100 06293 JWD 16330 b
1 subsection (A) commits a Class 3 felony.
2 (3) Any person convicted of unlawful sale or delivery
3 of firearms in violation of paragraph (a) of subsection (A)
4 commits a Class 2 felony.
5 (4) Any person convicted of unlawful sale or delivery
6 of firearms in violation of paragraph (a), (b), or (i) of
7 subsection (A) in any school, on the real property
8 comprising a school, within 1,000 feet of the real property
9 comprising a school, at a school related activity, or on or
10 within 1,000 feet of any conveyance owned, leased, or
11 contracted by a school or school district to transport
12 students to or from school or a school related activity,
13 regardless of the time of day or time of year at which the
14 offense was committed, commits a Class 1 felony. Any person
15 convicted of a second or subsequent violation of unlawful
16 sale or delivery of firearms in violation of paragraph (a),
17 (b), or (i) of subsection (A) in any school, on the real
18 property comprising a school, within 1,000 feet of the real
19 property comprising a school, at a school related activity,
20 or on or within 1,000 feet of any conveyance owned, leased,
21 or contracted by a school or school district to transport
22 students to or from school or a school related activity,
23 regardless of the time of day or time of year at which the
24 offense was committed, commits a Class 1 felony for which
25 the sentence shall be a term of imprisonment of no less
26 than 5 years and no more than 15 years.

SB0050- 57 -LRB100 06293 JWD 16330 b
1 (5) Any person convicted of unlawful sale or delivery
2 of firearms in violation of paragraph (a) or (i) of
3 subsection (A) in residential property owned, operated, or
4 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, in a public park, in a courthouse, on
7 residential property owned, operated, or managed by a
8 public housing agency or leased by a public housing agency
9 as part of a scattered site or mixed-income development, on
10 the real property comprising any public park, on the real
11 property comprising any courthouse, or on any public way
12 within 1,000 feet of the real property comprising any
13 public park, courthouse, or residential property owned,
14 operated, or managed by a public housing agency or leased
15 by a public housing agency as part of a scattered site or
16 mixed-income development commits a Class 2 felony.
17 (6) Any person convicted of unlawful sale or delivery
18 of firearms in violation of paragraph (j) of subsection (A)
19 commits a Class A misdemeanor. A second or subsequent
20 violation is a Class 4 felony.
21 (7) Any person convicted of unlawful sale or delivery
22 of firearms in violation of paragraph (k) of subsection (A)
23 commits a Class 4 felony, except that a violation of
24 subparagraph (1) of paragraph (k) of subsection (A) shall
25 not be punishable as a crime or petty offense. A third or
26 subsequent conviction for a violation of paragraph (k) of

SB0050- 58 -LRB100 06293 JWD 16330 b
1 subsection (A) is a Class 1 felony.
2 (8) A person 18 years of age or older convicted of
3 unlawful sale or delivery of firearms in violation of
4 paragraph (a) or (i) of subsection (A), when the firearm
5 that was sold or given to another person under 18 years of
6 age was used in the commission of or attempt to commit a
7 forcible felony, shall be fined or imprisoned, or both, not
8 to exceed the maximum provided for the most serious
9 forcible felony so committed or attempted by the person
10 under 18 years of age who was sold or given the firearm.
11 (9) Any person convicted of unlawful sale or delivery
12 of firearms in violation of paragraph (d) of subsection (A)
13 commits a Class 3 felony.
14 (10) Any person convicted of unlawful sale or delivery
15 of firearms in violation of paragraph (l) of subsection (A)
16 commits a Class 2 felony if the delivery is of one firearm.
17 Any person convicted of unlawful sale or delivery of
18 firearms in violation of paragraph (l) of subsection (A)
19 commits a Class 1 felony if the delivery is of not less
20 than 2 and not more than 5 firearms at the same time or
21 within a one year period. Any person convicted of unlawful
22 sale or delivery of firearms in violation of paragraph (l)
23 of subsection (A) commits a Class X felony for which he or
24 she shall be sentenced to a term of imprisonment of not
25 less than 6 years and not more than 30 years if the
26 delivery is of not less than 6 and not more than 10

SB0050- 59 -LRB100 06293 JWD 16330 b
1 firearms at the same time or within a 2 year period. Any
2 person convicted of unlawful sale or delivery of firearms
3 in violation of paragraph (l) of subsection (A) commits a
4 Class X felony for which he or she shall be sentenced to a
5 term of imprisonment of not less than 6 years and not more
6 than 40 years if the delivery is of not less than 11 and
7 not more than 20 firearms at the same time or within a 3
8 year period. Any person convicted of unlawful sale or
9 delivery of firearms in violation of paragraph (l) of
10 subsection (A) commits a Class X felony for which he or she
11 shall be sentenced to a term of imprisonment of not less
12 than 6 years and not more than 50 years if the delivery is
13 of not less than 21 and not more than 30 firearms at the
14 same time or within a 4 year period. Any person convicted
15 of unlawful sale or delivery of firearms in violation of
16 paragraph (l) of subsection (A) commits a Class X felony
17 for which he or she shall be sentenced to a term of
18 imprisonment of not less than 6 years and not more than 60
19 years if the delivery is of 31 or more firearms at the same
20 time or within a 5 year period.
21 (D) For purposes of this Section:
22 "School" means a public or private elementary or secondary
23school, community college, college, or university.
24 "School related activity" means any sporting, social,
25academic, or other activity for which students' attendance or
26participation is sponsored, organized, or funded in whole or in

SB0050- 60 -LRB100 06293 JWD 16330 b
1part by a school or school district.
2 (E) A prosecution for a violation of paragraph (k) of
3subsection (A) of this Section may be commenced within 6 years
4after the commission of the offense. A prosecution for a
5violation of this Section other than paragraph (g) of
6subsection (A) of this Section may be commenced within 5 years
7after the commission of the offense defined in the particular
8paragraph.
9(Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15;
1099-143, eff. 7-27-15; 99-642, eff. 7-28-16.)
11 Section 99. Effective date. This Act takes effect upon
12becoming law.

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1 INDEX
2 Statutes amended in order of appearance