101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB1626

Introduced , by Rep. Allen Skillicorn

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

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

A BILL FOR

HB1626LRB101 06282 SLF 51308 b
1 AN ACT concerning firearm silencers.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Wildlife Code is amended by changing Section
52.33 as follows:
6 (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
7 Sec. 2.33. Prohibitions.
8 (a) It is unlawful to carry or possess any gun in any State
9refuge unless otherwise permitted by administrative rule.
10 (b) It is unlawful to use or possess any snare or
11snare-like device, deadfall, net, or pit trap to take any
12species, except that snares not powered by springs or other
13mechanical devices may be used to trap fur-bearing mammals, in
14water sets only, if at least one-half of the snare noose is
15located underwater at all times.
16 (c) It is unlawful for any person at any time to take a
17wild mammal protected by this Act from its den by means of any
18mechanical device, spade, or digging device or to use smoke or
19other gases to dislodge or remove such mammal except as
20provided in Section 2.37.
21 (d) It is unlawful to use a ferret or any other small
22mammal which is used in the same or similar manner for which
23ferrets are used for the purpose of frightening or driving any

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

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

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

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

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

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

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

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

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1 (mm) Nothing contained in this Act shall prohibit the use
2of a shotgun, not larger than 10 gauge nor smaller than a 20
3gauge, with a rifled barrel.
4 (nn) It shall be unlawful to possess any species of
5wildlife or wildlife parts taken unlawfully in Illinois, any
6other state, or any other country, whether or not the wildlife
7or wildlife parts is indigenous to Illinois. For the purposes
8of this subsection, the statute of limitations for unlawful
9possession of wildlife or wildlife parts shall not cease until
102 years after the possession has permanently ended.
11(Source: P.A. 99-33, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642,
12eff. 7-28-16; 100-489, eff. 9-8-17; 100-949, eff. 1-1-19.)
13 Section 10. The Criminal Code of 2012 is amended by
14changing Section 24-1 and 24-3 as follows:
15 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
16 Sec. 24-1. Unlawful use of weapons.
17 (a) A person commits the offense of unlawful use of weapons
18when he knowingly:
19 (1) Sells, manufactures, purchases, possesses or
20 carries any bludgeon, black-jack, slung-shot, sand-club,
21 sand-bag, metal knuckles or other knuckle weapon
22 regardless of its composition, throwing star, or any knife,
23 commonly referred to as a switchblade knife, which has a
24 blade that opens automatically by hand pressure applied to

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1 a button, spring or other device in the handle of the
2 knife, or a ballistic knife, which is a device that propels
3 a knifelike blade as a projectile by means of a coil
4 spring, elastic material or compressed gas; or
5 (2) Carries or possesses with intent to use the same
6 unlawfully against another, a dagger, dirk, billy,
7 dangerous knife, razor, stiletto, broken bottle or other
8 piece of glass, stun gun or taser or any other dangerous or
9 deadly weapon or instrument of like character; or
10 (3) Carries on or about his person or in any vehicle, a
11 tear gas gun projector or bomb or any object containing
12 noxious liquid gas or substance, other than an object
13 containing a non-lethal noxious liquid gas or substance
14 designed solely for personal defense carried by a person 18
15 years of age or older; or
16 (4) Carries or possesses in any vehicle or concealed on
17 or about his person except when on his land or in his own
18 abode, legal dwelling, or fixed place of business, or on
19 the land or in the legal dwelling of another person as an
20 invitee with that person's permission, any pistol,
21 revolver, stun gun or taser or other firearm, except that
22 this subsection (a) (4) does not apply to or affect
23 transportation of weapons that meet one of the following
24 conditions:
25 (i) are broken down in a non-functioning state; or
26 (ii) are not immediately accessible; or

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1 (iii) are unloaded and enclosed in a case, firearm
2 carrying box, shipping box, or other container by a
3 person who has been issued a currently valid Firearm
4 Owner's Identification Card; or
5 (iv) are carried or possessed in accordance with
6 the Firearm Concealed Carry Act by a person who has
7 been issued a currently valid license under the Firearm
8 Concealed Carry Act; or
9 (5) Sets a spring gun; or
10 (6) Uses, attaches, or possesses with the intent to use
11 or attach Possesses any device or attachment of any kind
12 for designed, used or intended for use in silencing the
13 report of any handgun, unless the use, attachment, or
14 possession with the intent to use the device or attachment
15 is on the premises of a firing or shooting range; or
16 possesses any device or attachment of any kind designed,
17 used, or intended for use in silencing the report of any
18 other firearm if the device or attachment is not possessed
19 in compliance with the federal National Firearms Act
20 firearm; or
21 (7) Sells, manufactures, purchases, possesses or
22 carries:
23 (i) a machine gun, which shall be defined for the
24 purposes of this subsection as any weapon, which
25 shoots, is designed to shoot, or can be readily
26 restored to shoot, automatically more than one shot

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1 without manually reloading by a single function of the
2 trigger, including the frame or receiver of any such
3 weapon, or sells, manufactures, purchases, possesses,
4 or carries any combination of parts designed or
5 intended for use in converting any weapon into a
6 machine gun, or any combination or parts from which a
7 machine gun can be assembled if such parts are in the
8 possession or under the control of a person;
9 (ii) any rifle having one or more barrels less than
10 16 inches in length or a shotgun having one or more
11 barrels less than 18 inches in length or any weapon
12 made from a rifle or shotgun, whether by alteration,
13 modification, or otherwise, if such a weapon as
14 modified has an overall length of less than 26 inches;
15 or
16 (iii) any bomb, bomb-shell, grenade, bottle or
17 other container containing an explosive substance of
18 over one-quarter ounce for like purposes, such as, but
19 not limited to, black powder bombs and Molotov
20 cocktails or artillery projectiles; or
21 (8) Carries or possesses any firearm, stun gun or taser
22 or other deadly weapon in any place which is licensed to
23 sell intoxicating beverages, or at any public gathering
24 held pursuant to a license issued by any governmental body
25 or any public gathering at which an admission is charged,
26 excluding a place where a showing, demonstration or lecture

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

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

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1 contained in such tube between the projectile and the cap;
2 or
3 (12) (Blank); or
4 (13) Carries or possesses on or about his or her person
5 while in a building occupied by a unit of government, a
6 billy club, other weapon of like character, or other
7 instrument of like character intended for use as a weapon.
8 For the purposes of this Section, "billy club" means a
9 short stick or club commonly carried by police officers
10 which is either telescopic or constructed of a solid piece
11 of wood or other man-made material.
12 (b) Sentence. A person convicted of a violation of
13subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
14subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
15Class A misdemeanor. A person convicted of a violation of
16subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
17person convicted of a violation of subsection 24-1(a)(6) or
1824-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
19convicted of a violation of subsection 24-1(a)(7)(i) commits a
20Class 2 felony and shall be sentenced to a term of imprisonment
21of not less than 3 years and not more than 7 years, unless the
22weapon is possessed in the passenger compartment of a motor
23vehicle as defined in Section 1-146 of the Illinois Vehicle
24Code, or on the person, while the weapon is loaded, in which
25case it shall be a Class X felony. A person convicted of a
26second or subsequent violation of subsection 24-1(a)(4),

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124-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
2felony. The possession of each weapon in violation of this
3Section constitutes a single and separate violation.
4 (c) Violations in specific places.
5 (1) A person who violates subsection 24-1(a)(6) or
6 24-1(a)(7) in any school, regardless of the time of day or
7 the time of year, in residential property owned, operated
8 or managed by a public housing agency or leased by a public
9 housing agency as part of a scattered site or mixed-income
10 development, in a public park, in a courthouse, on the real
11 property comprising any school, regardless of the time of
12 day or the time of year, on residential property owned,
13 operated or managed by a public housing agency or leased by
14 a public housing agency as part of a scattered site or
15 mixed-income development, on the real property comprising
16 any public park, on the real property comprising any
17 courthouse, in any conveyance owned, leased or contracted
18 by a school to transport students to or from school or a
19 school related activity, in any conveyance owned, leased,
20 or contracted by a public transportation agency, or on any
21 public way within 1,000 feet of the real property
22 comprising any school, public park, courthouse, public
23 transportation facility, or residential property owned,
24 operated, or managed by a public housing agency or leased
25 by a public housing agency as part of a scattered site or
26 mixed-income development commits a Class 2 felony and shall

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

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

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

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

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

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

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

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

HB1626- 26 -LRB101 06282 SLF 51308 b
1 or who occasionally fits special barrels, stocks, or
2 trigger mechanisms to firearms.
3 "With the principal objective of livelihood and
4 profit" means that the intent underlying the sale or
5 disposition of firearms is predominantly one of obtaining
6 livelihood and pecuniary gain, as opposed to other intents,
7 such as improving or liquidating a personal firearms
8 collection; however, proof of profit shall not be required
9 as to a person who engages in the regular and repetitive
10 purchase and disposition of firearms for criminal purposes
11 or terrorism.
12 (k) Sells or transfers ownership of a firearm to a
13 person who does not display to the seller or transferor of
14 the firearm either: (1) a currently valid Firearm Owner's
15 Identification Card that has previously been issued in the
16 transferee's name by the Department of State Police under
17 the provisions of the Firearm Owners Identification Card
18 Act; or (2) a currently valid license to carry a concealed
19 firearm that has previously been issued in the transferee's
20 name by the Department of State Police under the Firearm
21 Concealed Carry Act. This paragraph (k) does not apply to
22 the transfer of a firearm to a person who is exempt from
23 the requirement of possessing a Firearm Owner's
24 Identification Card under Section 2 of the Firearm Owners
25 Identification Card Act. For the purposes of this Section,
26 a currently valid Firearm Owner's Identification Card

HB1626- 27 -LRB101 06282 SLF 51308 b
1 means (i) a Firearm Owner's Identification Card that has
2 not expired or (ii) an approval number issued in accordance
3 with subsection (a-10) of subsection 3 or Section 3.1 of
4 the Firearm Owners Identification Card Act shall be proof
5 that the Firearm Owner's Identification Card was valid.
6 (1) In addition to the other requirements of this
7 paragraph (k), all persons who are not federally
8 licensed firearms dealers must also have complied with
9 subsection (a-10) of Section 3 of the Firearm Owners
10 Identification Card Act by determining the validity of
11 a purchaser's Firearm Owner's Identification Card.
12 (2) All sellers or transferors who have complied
13 with the requirements of subparagraph (1) of this
14 paragraph (k) shall not be liable for damages in any
15 civil action arising from the use or misuse by the
16 transferee of the firearm transferred, except for
17 willful or wanton misconduct on the part of the seller
18 or transferor.
19 (l) Not being entitled to the possession of a firearm,
20 delivers the firearm, knowing it to have been stolen or
21 converted. It may be inferred that a person who possesses a
22 firearm with knowledge that its serial number has been
23 removed or altered has knowledge that the firearm is stolen
24 or converted.
25 (m) Transfers or gives a suppressor or silencer to a
26 person not authorized to possess the suppressor or silencer

HB1626- 28 -LRB101 06282 SLF 51308 b
1 under federal law.
2 (B) Paragraph (h) of subsection (A) does not include
3firearms sold within 6 months after enactment of Public Act
478-355 (approved August 21, 1973, effective October 1, 1973),
5nor is any firearm legally owned or possessed by any citizen or
6purchased by any citizen within 6 months after the enactment of
7Public Act 78-355 subject to confiscation or seizure under the
8provisions of that Public Act. Nothing in Public Act 78-355
9shall be construed to prohibit the gift or trade of any firearm
10if that firearm was legally held or acquired within 6 months
11after the enactment of that Public Act.
12 (C) Sentence.
13 (1) Any person convicted of unlawful sale or delivery
14 of firearms in violation of paragraph (c), (e), (f), (g),
15 or (h) of subsection (A) commits a Class 4 felony.
16 (2) Any person convicted of unlawful sale or delivery
17 of firearms in violation of paragraph (b), or (i), or (m)
18 of subsection (A) commits a Class 3 felony.
19 (3) Any person convicted of unlawful sale or delivery
20 of firearms in violation of paragraph (a) of subsection (A)
21 commits a Class 2 felony.
22 (4) Any person convicted of unlawful sale or delivery
23 of firearms in violation of paragraph (a), (b), or (i) of
24 subsection (A) in any school, on the real property
25 comprising a school, within 1,000 feet of the real property
26 comprising a school, at a school related activity, or on or

HB1626- 29 -LRB101 06282 SLF 51308 b
1 within 1,000 feet of any conveyance owned, leased, or
2 contracted by a school or school district to transport
3 students to or from school or a school related activity,
4 regardless of the time of day or time of year at which the
5 offense was committed, commits a Class 1 felony. Any person
6 convicted of a second or subsequent violation of unlawful
7 sale or delivery of firearms in violation of paragraph (a),
8 (b), or (i) of subsection (A) in any school, on the real
9 property comprising a school, within 1,000 feet of the real
10 property comprising a school, at a school related activity,
11 or on or within 1,000 feet of any conveyance owned, leased,
12 or contracted by a school or school district to transport
13 students to or from school or a school related activity,
14 regardless of the time of day or time of year at which the
15 offense was committed, commits a Class 1 felony for which
16 the sentence shall be a term of imprisonment of no less
17 than 5 years and no more than 15 years.
18 (5) Any person convicted of unlawful sale or delivery
19 of firearms in violation of paragraph (a) or (i) of
20 subsection (A) in residential property owned, operated, or
21 managed by a public housing agency or leased by a public
22 housing agency as part of a scattered site or mixed-income
23 development, in a public park, in a courthouse, on
24 residential property owned, operated, or managed by a
25 public housing agency or leased by a public housing agency
26 as part of a scattered site or mixed-income development, on

HB1626- 30 -LRB101 06282 SLF 51308 b
1 the real property comprising any public park, on the real
2 property comprising any courthouse, or on any public way
3 within 1,000 feet of the real property comprising any
4 public park, courthouse, or residential property owned,
5 operated, or managed by a public housing agency or leased
6 by a public housing agency as part of a scattered site or
7 mixed-income development commits a Class 2 felony.
8 (6) Any person convicted of unlawful sale or delivery
9 of firearms in violation of paragraph (j) of subsection (A)
10 commits a Class A misdemeanor. A second or subsequent
11 violation is a Class 4 felony.
12 (7) Any person convicted of unlawful sale or delivery
13 of firearms in violation of paragraph (k) of subsection (A)
14 commits a Class 4 felony, except that a violation of
15 subparagraph (1) of paragraph (k) of subsection (A) shall
16 not be punishable as a crime or petty offense. A third or
17 subsequent conviction for a violation of paragraph (k) of
18 subsection (A) is a Class 1 felony.
19 (8) A person 18 years of age or older convicted of
20 unlawful sale or delivery of firearms in violation of
21 paragraph (a) or (i) of subsection (A), when the firearm
22 that was sold or given to another person under 18 years of
23 age was used in the commission of or attempt to commit a
24 forcible felony, shall be fined or imprisoned, or both, not
25 to exceed the maximum provided for the most serious
26 forcible felony so committed or attempted by the person

HB1626- 31 -LRB101 06282 SLF 51308 b
1 under 18 years of age who was sold or given the firearm.
2 (9) Any person convicted of unlawful sale or delivery
3 of firearms in violation of paragraph (d) of subsection (A)
4 commits a Class 3 felony.
5 (10) Any person convicted of unlawful sale or delivery
6 of firearms in violation of paragraph (l) of subsection (A)
7 commits a Class 2 felony if the delivery is of one firearm.
8 Any person convicted of unlawful sale or delivery of
9 firearms in violation of paragraph (l) of subsection (A)
10 commits a Class 1 felony if the delivery is of not less
11 than 2 and not more than 5 firearms at the same time or
12 within a one year period. Any person convicted of unlawful
13 sale or delivery of firearms in violation of paragraph (l)
14 of subsection (A) commits a Class X felony for which he or
15 she shall be sentenced to a term of imprisonment of not
16 less than 6 years and not more than 30 years if the
17 delivery is of not less than 6 and not more than 10
18 firearms at the same time or within a 2 year period. Any
19 person convicted of unlawful sale or delivery of firearms
20 in violation of paragraph (l) of subsection (A) commits a
21 Class X felony for which he or she shall be sentenced to a
22 term of imprisonment of not less than 6 years and not more
23 than 40 years if the delivery is of not less than 11 and
24 not more than 20 firearms at the same time or within a 3
25 year period. Any person convicted of unlawful sale or
26 delivery of firearms in violation of paragraph (l) of

HB1626- 32 -LRB101 06282 SLF 51308 b
1 subsection (A) commits a Class X felony for which he or she
2 shall be sentenced to a term of imprisonment of not less
3 than 6 years and not more than 50 years if the delivery is
4 of not less than 21 and not more than 30 firearms at the
5 same time or within a 4 year period. Any person convicted
6 of unlawful sale or delivery of firearms in violation of
7 paragraph (l) of subsection (A) commits a Class X felony
8 for which he or she shall be sentenced to a term of
9 imprisonment of not less than 6 years and not more than 60
10 years if the delivery is of 31 or more firearms at the same
11 time or within a 5 year period.
12 (D) For purposes of this Section:
13 "School" means a public or private elementary or secondary
14school, community college, college, or university.
15 "School related activity" means any sporting, social,
16academic, or other activity for which students' attendance or
17participation is sponsored, organized, or funded in whole or in
18part by a school or school district.
19 (E) A prosecution for a violation of paragraph (k) of
20subsection (A) of this Section may be commenced within 6 years
21after the commission of the offense. A prosecution for a
22violation of this Section other than paragraph (g) of
23subsection (A) of this Section may be commenced within 5 years
24after the commission of the offense defined in the particular
25paragraph.
26(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15;

HB1626- 33 -LRB101 06282 SLF 51308 b
199-642, eff. 7-28-16; 100-606, eff. 1-1-19.)
2 Section 99. Effective date. This Act takes effect upon
3becoming law.