101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5234
 
Introduced , by Rep. Grant Wehrli
 
SYNOPSIS AS INTRODUCED:



                     
720 ILCS 5/24-1 from Ch. 38, par. 24-1
720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1
720 ILCS 5/24-1.2 from Ch. 38, par. 24-1.2
720 ILCS 5/24-1.2-5
720 ILCS 5/24-1.5
720 ILCS 5/24-1.6
720 ILCS 5/24-1.8
720 ILCS 5/24-3 from Ch. 38, par. 24-3
720 ILCS 5/24-3.1 from Ch. 38, par. 24-3.1
720 ILCS 5/24-3.3 from Ch. 38, par. 24-3.3
720 ILCS 5/24-3.5
720 ILCS 5/24-3.7
720 ILCS 5/24-3.8
720 ILCS 5/24-3.9
720 ILCS 5/24-3A
720 ILCS 5/24-3B
720 ILCS 5/24-4.1
720 ILCS 5/24-5 from Ch. 38, par. 24-5
720 ILCS 5/24-9

 Amends the Criminal Code of 2012. Enhances various penalties for firearm offenses by at least one class. Increases mandatory minimum and maximum terms of imprisonment for various firearm offenses.



LRB101 17709 RLC 67136 b


CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 


HB5234LRB101 17709 RLC 67136 b



1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Criminal Code of 2012 is amended by changing 
5Sections 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.5, 24-1.6, 
624-1.8, 24-3, 24-3.1, 24-3.3, 24-3.5, 24-3.7, 24-3.8, 24-3.9, 
724-3A, 24-3B, 24-4.1, 24-5, and 24-9 as follows:



8 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)


9 Sec. 24-1. Unlawful use of weapons. 

10 (a) A person commits the offense of unlawful use of weapons 
11when
he knowingly:

12  (1) Sells, manufactures, purchases, possesses or 
13 carries any bludgeon,
black-jack, slung-shot, sand-club, 
14 sand-bag, metal knuckles or other knuckle weapon 
15 regardless of its composition, throwing star,
or any knife, 
16 commonly referred to as a switchblade knife, which has a

17 blade that opens automatically by hand pressure applied to 
18 a button,
spring or other device in the handle of the 
19 knife, or a ballistic knife,
which is a device that propels 
20 a knifelike blade as a projectile by means
of a coil 
21 spring, elastic material or compressed gas; or

22  (2) Carries or possesses with intent to use the same 
23 unlawfully
against another, a dagger, dirk, billy, 
 
 
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1 dangerous knife, razor,
stiletto, broken bottle or other 
2 piece of glass, stun gun or taser or
any other dangerous or 
3 deadly weapon or instrument of like character; or

4  (2.5) Carries or possesses with intent to use the same 
5 unlawfully against another, any firearm in a church, 
6 synagogue, mosque, or other building, structure, or place 
7 used for religious worship; or 
8  (3) Carries on or about his person or in any vehicle, a 
9 tear gas gun
projector or bomb or any object containing 
10 noxious liquid gas or
substance, other than an object 
11 containing a non-lethal noxious liquid gas
or substance 
12 designed solely for personal defense carried by a person 18

13 years of age or older; or

14  (4) Carries or possesses in any vehicle or concealed on 
15 or about his
person except when on his land or in his own 
16 abode, legal dwelling, or fixed place of
business, or on 
17 the land or in the legal dwelling of another person as an 
18 invitee with that person's permission, any pistol, 
19 revolver, stun gun or taser or other firearm, except
that

20 this subsection (a) (4) does not apply to or affect 
21 transportation of weapons
that meet one of the following 
22 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; or 

7  (5) Sets a spring gun; or

8  (6) Possesses any device or attachment of any kind 
9 designed, used or
intended for use in silencing the report 
10 of any 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 or her person any
pistol, revolver, stun gun or taser 
25 or firearm or ballistic knife, when
he or she is hooded, 
26 robed or masked in such manner as to conceal his or her 
 
 
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1 identity; or

2  (10) Carries or possesses on or about his or her 
3 person, upon any public street,
alley, or other public 
4 lands within the corporate limits of a city, village,
or 
5 incorporated town, except when an invitee thereon or 
6 therein, for the
purpose of the display of such weapon or 
7 the lawful commerce in weapons, or
except when on his land 
8 or in his or her own abode, legal dwelling, or fixed place 
9 of business, or on the land or in the legal dwelling of 
10 another person as an invitee with that person's permission, 
11 any
pistol, revolver, stun gun, or taser or other firearm, 
12 except that this
subsection (a) (10) does not apply to or 
13 affect transportation of weapons that
meet one of the 
14 following conditions:

15   (i) are broken down in a non-functioning state; or

16   (ii) are not immediately accessible; or

17   (iii) are unloaded and enclosed in a case, firearm 
18 carrying box,
shipping box, or other container by a 
19 person who has been issued a currently
valid Firearm 
20 Owner's
Identification Card; or

21   (iv) are carried or possessed in accordance with 
22 the Firearm Concealed Carry Act by a person who has 
23 been issued a currently valid license under the Firearm 
24 Concealed Carry Act. 
25  A "stun gun or taser", as used in this paragraph (a) 
26 means (i) any device
which is powered by electrical 
 
 
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1 charging units, such as, batteries, and
which fires one or 
2 several barbs attached to a length of wire and
which, upon 
3 hitting a human, can send out a current capable of 
4 disrupting
the person's nervous system in such a manner as 
5 to render him incapable of
normal functioning or (ii) any 
6 device which is powered by electrical
charging units, such 
7 as batteries, and which, upon contact with a human or

8 clothing worn by a human, can send out current capable of 
9 disrupting
the person's nervous system in such a manner as 
10 to render him incapable
of normal functioning; or

11  (11) Sells, manufactures, or purchases any explosive 
12 bullet. For purposes
of this paragraph (a) "explosive 
13 bullet" means the projectile portion of
an ammunition 
14 cartridge which contains or carries an explosive charge 
15 which
will explode upon contact with the flesh of a human 
16 or an animal.
"Cartridge" means a tubular metal case having 
17 a projectile affixed at the
front thereof and a cap or 
18 primer at the rear end thereof, with the
propellant 
19 contained in such tube between the projectile and the cap; 
20 or

21  (12) (Blank); or

22  (13) Carries or possesses on or about his or her person 
23 while in a building occupied by a unit of government, a 
24 billy club, other weapon of like character, or other 
25 instrument of like character intended for use as a weapon. 
26 For the purposes of this Section, "billy club" means a 
 
 
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1 short stick or club commonly carried by police officers 
2 which is either telescopic or constructed of a solid piece 
3 of wood or other man-made material. 
4 (b) Sentence. A person convicted of a violation of 
5subsection 24-1(a)(1)
through 24-1(a)(3) and 24-1(a)(5), 
6subsection 24-1(a)(10),
subsection 24-1(a)(11), or subsection 
724-1(a)(13) commits a Class A
misdemeanor.
A person convicted 
8of a violation of subsection
24-1(a)(8) or 24-1(a)(9) commits a

9Class 4 felony; a person
convicted of a violation of subsection 
1024-1(a)(6) or 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. 
11A person convicted of a violation of subsection 24-1(a)(8) 
12commits a Class 3 felony. A person convicted of a second or 
13subsequent violation of subsection 24-1(a)(8) commits a Class 2 
14felony. A person convicted of a violation of subsection

1524-1(a)(7)(i) commits a Class 1 2 felony and shall be sentenced 
16to a term of imprisonment of not less than 4 3 years and not 
17more than 15 7 years, unless the weapon is possessed in the

18passenger compartment of a motor vehicle as defined in Section 
191-146 of the
Illinois Vehicle Code, or on the person, while the 
20weapon is loaded, in which
case it shall be a Class X felony 
21and the person shall be sentenced to a term of imprisonment of 
22not less than 6 years and not more than 40 years. A person 
23convicted of a
second or subsequent violation of subsection 
2424-1(a)(4), 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a 
25Class 3 felony. A person convicted of a violation of subsection 
2624-1(a)(4) commits a Class 4 felony. A person convicted of a 
 
 
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1second or subsequent violation of subsection 24-1(a)(4) 
2commits a Class 2 felony. A person convicted of a violation of 
3subsection
24-1(a)(7)(ii) commits a Class 2 felony. A person 
4convicted of a violation of subsection 24-1(a)(2.5) commits a 
5Class 1 2 felony.  The possession of each weapon in violation 
6of this Section constitutes a single and separate violation.

7 (c) Violations in specific places.

8  (1) A person who violates subsection 24-1(a)(6) or 
9 24-1(a)(7)(iii) in any
school, regardless of the time of 
10 day or the time of year, in residential
property owned, 
11 operated or managed by a public housing agency or
leased by

12 a public housing agency as part of a scattered site or 
13 mixed-income
development, in a
public park, in a 
14 courthouse, on the real property comprising any school,

15 regardless of the
time of day or the time of year, on 
16 residential property owned, operated
or
managed by a public 
17 housing agency
or leased by a public housing agency as part 
18 of a scattered site or
mixed-income development,
on the 
19 real property comprising any
public park, on the real 
20 property comprising any courthouse, in any conveyance

21 owned, leased or contracted by a school to
transport 
22 students to or from school or a school related activity, in 
23 any conveyance
owned, leased, or contracted by a public 
24 transportation agency, or on any
public way within 1,000 
25 feet of the real property comprising any school,
public 
26 park, courthouse, public transportation facility, or 
 
 
HB5234- 9 -LRB101 17709 RLC 67136 b


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

4 commits a Class 2 felony and shall be sentenced to a term 
5 of imprisonment of not less than 3 years and not more than 
6 7 years.

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

3 commits a Class 3 felony.

4  (1.6) A person who violates subsection 24-1(a)(10) in 
5 any school, regardless of the time of day or the time of 
6 year,
in residential property owned, operated, or managed 
7 by a public
housing
agency
or leased by a public housing 
8 agency as part of a scattered site or
mixed-income 
9 development,
in
a public
park, in a courthouse, on the real 
10 property comprising any school, regardless
of the time of 
11 day or the time of year, on residential property owned,

12 operated, or managed by a public housing agency
or leased 
13 by a public housing agency as part of a scattered site or

14 mixed-income development,
on the real property
comprising 
15 any public park, on the real property comprising any 
16 courthouse, in
any conveyance owned, leased, or contracted 
17 by a school to transport students
to or from school or a 
18 school related activity, in any conveyance
owned, leased, 
19 or contracted by a public transportation agency, or on any 
20 public way within
1,000 feet of the real property 
21 comprising any school, public park, courthouse,
public 
22 transportation facility, or residential property owned, 
23 operated, or managed by a public
housing agency
or leased 
24 by a public housing agency as part of a scattered site or

25 mixed-income development
commits a Class 2 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 or her trade, then such presumption 
4shall not 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. 100-82, eff. 8-11-17; 101-223, eff. 1-1-20.)




22 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)


23 Sec. 24-1.1. Unlawful use or possession of weapons by 
24felons or
persons in the custody of the
Department of 
25Corrections facilities.
 
 
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1 (a) It is unlawful
for a person to knowingly possess on or 
2about his person or on his land or
in his own abode or fixed 
3place of business any weapon prohibited under
Section 24-1 of 
4this Act or any firearm or any firearm ammunition if the
person 
5has been convicted of a felony under the laws of this State or 
6any
other jurisdiction. This Section shall not apply if the 
7person has been
granted relief by the Director of the 
8Department of State Police
under Section 10 of the Firearm 
9Owners Identification
Card Act.

10 (b) It is unlawful for any person confined in a penal 
11institution,
which is a facility of the Illinois Department of 
12Corrections, to possess
any weapon prohibited under Section 
1324-1 of this Code or any firearm or
firearm ammunition, 
14regardless of the intent with which he possesses it.

15 (c) It shall be an affirmative defense to a violation of 
16subsection (b), that such possession was specifically 
17authorized by rule,
regulation, or directive of the Illinois 
18Department of Corrections or order
issued pursuant thereto.

19 (d) The defense of necessity is not available to a person 
20who is charged
with a violation of subsection (b) of this 
21Section.

22 (e) Sentence. Violation of this Section by a person not 
23confined
in a penal institution shall be a Class 2 3 felony
for 
24which the person shall be sentenced to no less than 3 2 years 
25and no
more than  10 years. A second or subsequent violation of 
26this Section shall be a Class 1 2 felony for which the person 
 
 
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1shall be sentenced to a term of imprisonment of not less than 4 
23 years and not more than 30 14 years, except as provided for 
3in Section 5-4.5-110 of the Unified Code of Corrections. 
4Violation of this Section by a person not confined in a
penal 
5institution who has been convicted of a forcible felony, a 
6felony
violation of Article 24 of this Code or of the Firearm 
7Owners Identification
Card Act, stalking or aggravated 
8stalking, or a Class 2 or greater felony
under the Illinois 
9Controlled Substances Act, the Cannabis Control Act, or the 
10Methamphetamine Control and Community Protection Act is a
Class 
111 2 felony for which the person
shall be sentenced to not less 
12than 4 3 years and not more than 30 14 years, except as 
13provided for in Section 5-4.5-110 of the Unified Code of 
14Corrections.
Violation of this Section by a person who is on 
15parole or mandatory supervised
release is a Class 1 2 felony 
16for which the person shall be sentenced to not less than 4 3 
17years and not more than 30 14
years, except as provided for in 
18Section 5-4.5-110 of the Unified Code of Corrections. Violation 
19of this Section by a person not confined in a penal
institution 
20is a Class X felony for which the person shall be sentenced to 
21not less than 6 years and not more than 40 years when the 
22firearm possessed is a machine gun.
Any person who violates 
23this Section while confined in a penal
institution, which is a 
24facility of the Illinois Department of
Corrections, is guilty 
25of a Class X 1
felony for which the person shall be sentenced 
26to not less than 6 years and not more than 40 years, if he 
 
 
HB5234- 16 -LRB101 17709 RLC 67136 b


1possesses any weapon prohibited under Section 24-1 of this
Code 
2regardless of the intent with which he possesses it, a Class X

3felony if he possesses any firearm, firearm ammunition or 
4explosive, and a
Class X felony for which the offender shall be 
5sentenced to not less than 14 12
years and not more than 60 50 
6years when the firearm possessed is a machine
gun. A violation 
7of this Section while wearing or in possession of body armor as 
8defined in Section 33F-1 is a Class X felony punishable by a 
9term of imprisonment of not less than 14 10 years and up to 
10natural life imprisonment not more than 40 years.
The 
11possession of each firearm or firearm ammunition in violation 
12of this Section constitutes a single and separate violation.

13(Source: P.A. 100-3, eff. 1-1-18.)


14 (720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)

15 Sec. 24-1.2. Aggravated discharge of a firearm.
16 (a) A person commits aggravated discharge of a firearm when 
17he or she
knowingly or
intentionally:


18  (1) Discharges a firearm at or into a building he or 
19 she knows or
reasonably
should know to be
occupied and the 
20 firearm is discharged from a place or position outside
that 
21 building;


22  (2) Discharges a firearm in the direction of another 
23 person or in the
direction of a vehicle he or she knows or 
24 reasonably should know to be
occupied by a person;


25  (3) Discharges a firearm in the direction of a person 
 
 
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1 he or she knows
to be
a peace officer, a community policing 
2 volunteer, a
correctional institution employee, or a 
3 fireman while the officer,
volunteer,
employee or fireman 
4 is engaged in the execution of any of his or her
official

5 duties, or to prevent the officer, volunteer, employee or 
6 fireman from
performing his or her
official duties, or in 
7 retaliation for the officer, volunteer, employee or

8 fireman
performing his or her official duties;


9  (4) Discharges a firearm in the direction of a vehicle 
10 he or she knows
to be
occupied by a peace officer, a person 
11 summoned or directed by a peace
officer, a correctional 
12 institution employee or a fireman while the
officer, 
13 employee or fireman is engaged in the execution of any of 
14 his or
her
official duties, or to prevent the officer, 
15 employee or fireman from
performing his or her official 
16 duties, or in retaliation for the officer,
employee or 
17 fireman performing his or her official duties;


18  (5) Discharges a firearm in the direction of a person 
19 he or she knows
to be
emergency medical services personnel 
20 who is engaged in the execution of any of his or her 
21 official duties,
or to
prevent the
emergency medical 
22 services personnel from performing his or her official 
23 duties, or in
retaliation
for the
emergency medical 
24 services personnel performing his or her official duties;


25  (6) Discharges a firearm in the direction of a vehicle 
26 he or she knows
to
be occupied by emergency medical 
 
 
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1 services personnel while the
emergency medical services 
2 personnel is engaged in the execution of any of his or her

3 official
duties, or to prevent the
emergency medical 
4 services personnel from performing his or her official

5 duties, or
in retaliation for the
emergency medical 
6 services personnel performing his or her official duties;


7  (7) Discharges a firearm in the direction of a person 
8 he or she knows to
be a teacher or other person employed in 
9 any school and the teacher or other
employee is upon the 
10 grounds of a school or grounds adjacent to a school, or is

11 in any part of a building used for school purposes;


12  (8) Discharges a firearm in the direction of a person 
13 he or she knows to
be an emergency management worker while 
14 the emergency management worker is
engaged in the execution 
15 of any of his or her official duties, or to prevent
the 
16 emergency management worker from performing his or her 
17 official duties, or
in retaliation for the emergency 
18 management worker performing his or her
official duties; or

19  (9) Discharges a firearm in the direction of a vehicle 
20 he or she knows to
be occupied by an emergency management 
21 worker while the emergency management
worker is engaged in 
22 the execution of any of his or her official duties, or to

23 prevent the emergency management worker from performing 
24 his or her official
duties, or in retaliation for the 
25 emergency management worker performing his or
her official 
26 duties.


 
 
HB5234- 19 -LRB101 17709 RLC 67136 b


1 (b) A violation of subsection (a)(1) or subsection (a)(2) 
2of this
Section is a Class X 1 felony.
A violation of

3subsection (a)(1) or (a)(2)
of this Section committed in a 
4school, on the real property comprising a
school,
within 1,000 
5feet of the real property comprising a school, at a school 
6related
activity or on or within 1,000 feet of any conveyance 
7owned, leased, or
contracted by a school to transport students 
8to or from school or a school
related activity, regardless of 
9the time of day or time of year that the
offense was committed 
10is a Class X felony for which the person shall be sentenced to 
11not less than 6 years and not more than 40 years.
A violation 
12of subsection (a)(3), (a)(4),
(a)(5), (a)(6), (a)(7), (a)(8), 
13or (a)(9) of this Section is a Class
X felony for which the

14sentence shall be a term of imprisonment of no less than 12 10 
15years and not more
than 60 45 years.


16 (c) For purposes of this Section:


17 "Emergency medical services personnel" has the meaning 
18specified in Section 3.5 of the Emergency Medical Services 
19(EMS) Systems Act and shall include all ambulance crew members, 
20including drivers or pilots. 
21 "School" means a public or private elementary or secondary 
22school,
community college, college, or university.


23 "School related activity" means any sporting, social, 
24academic, or other
activity for which students' attendance or 
25participation is sponsored,
organized, or funded in whole or in 
26part by a school or school district.


 
 
HB5234- 20 -LRB101 17709 RLC 67136 b


1(Source: P.A. 99-816, eff. 8-15-16.)


2 (720 ILCS 5/24-1.2-5)

3 Sec. 24-1.2-5. Aggravated discharge of a
machine gun or a 
4firearm equipped with a device designed or used for silencing

5the report of a firearm.

6 (a) A person commits aggravated discharge of a
machine gun 
7or a firearm equipped with a device designed or used for 
8silencing
the report of a firearm
when he or she knowingly or

9intentionally:


10  (1) Discharges a
machine gun or a firearm equipped with 
11 a device designed or used for silencing
the report of a 
12 firearm
at or into a building he or she knows to be

13 occupied and the
machine gun or the firearm equipped with a 
14 device designed or used for
silencing
the report of a 
15 firearm
is discharged from a place or position outside
that 
16 building;


17  (2) Discharges a
machine gun or a firearm equipped with 
18 a device designed or used for silencing
the report of a 
19 firearm
in the direction of another person or in the

20 direction of a vehicle he or she knows to be occupied;


21  (3) Discharges a
machine gun or a firearm equipped with 
22 a device designed or used for silencing
the report of a 
23 firearm
in the direction of a person he or she knows to be

24 a peace officer, a person summoned or directed by a peace 
25 officer, a
correctional institution employee, or a fireman 
 
 
HB5234- 21 -LRB101 17709 RLC 67136 b


1 while the officer,
employee or fireman is engaged in the 
2 execution of any of his or her official
duties, or to 
3 prevent the officer, employee or fireman from performing 
4 his
or her official duties, or in retaliation for the 
5 officer, employee or fireman
performing his or her official 
6 duties;


7  (4) Discharges a
machine gun or a firearm equipped with 
8 a device designed or used for silencing
the report of a 
9 firearm
in the direction of a vehicle he or she knows to be

10 occupied by a peace officer, a person summoned or directed 
11 by a peace
officer, a correctional institution employee or 
12 a fireman while the
officer, employee or fireman is engaged 
13 in the execution of any of his
or her official duties, or 
14 to prevent the officer, employee or fireman from
performing 
15 his or her official duties, or in retaliation for the 
16 officer,
employee or fireman performing his or her official 
17 duties;


18  (5) Discharges a
machine gun or a firearm equipped with 
19 a device designed or used for silencing
the report of a 
20 firearm
in the direction of a person he or she knows to be

21 emergency medical services personnel while the
emergency 
22 medical services personnel is engaged in the execution of 
23 any of his or her official duties, or
to
prevent the

24 emergency medical services personnel from performing his 
25 or her official duties, or in
retaliation
for the
emergency 
26 medical services personnel performing his or her official 
 
 
HB5234- 22 -LRB101 17709 RLC 67136 b


1 duties;


2  (6) Discharges a
machine gun or a firearm equipped with 
3 a device designed or used for silencing
the report of a 
4 firearm
in the direction of a vehicle he or she knows to
be 
5 occupied by emergency medical services personnel, while 
6 the
emergency medical services personnel is engaged in the 
7 execution of any of his or her official
duties, or to 
8 prevent the
emergency medical services personnel from 
9 performing his or her official duties,
or
in retaliation 
10 for the
emergency medical services personnel performing 
11 his or her official
duties;


12  (7) Discharges a machine gun or a firearm equipped with 
13 a device
designed or used for silencing the report of a 
14 firearm in the direction of a
person he or she knows to be 
15 an emergency management worker while the emergency

16 management worker is engaged in the execution of any of his 
17 or her official
duties, or to prevent the emergency 
18 management worker from performing his or
her official 
19 duties, or in retaliation for the emergency management 
20 worker
performing his or her official duties; or

21  (8) Discharges a machine gun or a firearm equipped with 
22 a device designed
or used for silencing the report of a 
23 firearm in the direction of a vehicle he
or she knows to be 
24 occupied by an emergency management worker while the

25 emergency management worker is engaged in the execution of 
26 any of his or her
official duties, or to prevent the 
 
 
HB5234- 23 -LRB101 17709 RLC 67136 b


1 emergency management worker from performing
his or her 
2 official duties, or in retaliation for the emergency 
3 management
worker performing his or her official duties.


4 (b) A violation of subsection (a) (1) or subsection (a) (2) 
5of this
Section is a Class X felony. A violation of subsection 
6(a) (3), (a) (4),
(a) (5), (a) (6), (a) (7), or (a) (8) of this 
7Section is a Class X
felony for which the
sentence shall be a 
8term of imprisonment of no less than 14 12 years and no more

9than 60 50 years.
A violation of subsection (a)(1) or 
10subsection (a)(2) of this
Section committed on school grounds 
11is is a Class X felony for which the sentence shall be a term of 
12imprisonment of no less than 6 years and no more than 40 years. 

13 (c) For the purpose of this Section:
14  "Emergency medical services personnel" has the meaning 
15 specified in Section 3.5 of the Emergency Medical Services 
16 (EMS) Systems Act and shall include all ambulance crew 
17 members, including drivers or pilots.
18  "Machine gun" has the meaning ascribed
to it in clause 
19 (i) of paragraph (7) of subsection (a) of Section 24-1 of 
20 this
Code.

21 (d) This Section does not apply to a peace officer while 
22serving as a member of a tactical response team or special 
23operations team. A peace officer may not personally own or 
24apply for ownership of a device or attachment of any kind 
25designed, used, or intended for use in silencing the report of 
26any firearm. These devices shall be owned and maintained by 
 
 
HB5234- 24 -LRB101 17709 RLC 67136 b


1lawfully recognized units of government whose duties include 
2the investigation of criminal acts. 

3(Source: P.A. 99-816, eff. 8-15-16.)





4 (720 ILCS 5/24-1.5)



5 Sec. 24-1.5. Reckless discharge of a firearm. 

6 (a) A person commits reckless discharge of a firearm by 
7discharging a
firearm in
a reckless manner which endangers the 
8bodily safety
of an individual.

9 (b) If the conduct described in subsection (a) is committed 
10by a passenger
of a moving motor vehicle with the knowledge and 
11consent of the driver of the
motor vehicle the driver is 
12accountable for such conduct.

13 (c) Reckless discharge of a firearm is a Class 3 4 felony.

14 (d) This Section does not apply to a peace officer while in 
15the performance
of his or her official duties.

16(Source: P.A. 88-217.)


17 (720 ILCS 5/24-1.6)
18 Sec. 24-1.6. Aggravated unlawful use of a weapon. 
19 (a) A person commits the offense of aggravated unlawful use 
20of a weapon when
he or she knowingly:
21  (1) Carries on or about his or her person or in any 
22 vehicle or concealed
on or about his or her person except 
23 when on his or her land or in his or her
abode, legal 
24 dwelling, or fixed place of business, or on the land or in 
 
 
HB5234- 25 -LRB101 17709 RLC 67136 b


1 the legal dwelling of another person as an invitee with 
2 that person's permission, any pistol, revolver, stun gun or 
3 taser or
other firearm; or
4  (2) Carries or possesses on or about his or her person, 
5 upon any public
street, alley, or other public lands within 
6 the corporate limits of a city,
village or incorporated 
7 town, except when an invitee thereon or therein, for
the 
8 purpose of the display of such weapon or the lawful 
9 commerce in weapons, or
except when on his or her own land 
10 or in his or her own abode, legal dwelling, or fixed place 
11 of
business, or on the land or in the legal dwelling of 
12 another person as an invitee with that person's permission, 
13 any pistol, revolver, stun gun or taser or other firearm; 
14 and
15  (3) One of the following factors is present:
16   (A) the firearm, other than a pistol, revolver, or 
17 handgun, possessed was uncased, loaded, and 
18 immediately accessible
at the time of the offense; or
19   (A-5) the pistol, revolver, or handgun possessed 
20 was uncased, loaded, and immediately accessible
at the 
21 time of the offense and the person possessing the 
22 pistol, revolver, or handgun has not been issued a 
23 currently valid license under the Firearm Concealed 
24 Carry Act; or 
25   (B) the firearm, other than a pistol, revolver, or 
26 handgun, possessed was uncased, unloaded, and the 
 
 
HB5234- 26 -LRB101 17709 RLC 67136 b


1 ammunition for
the weapon was immediately accessible 
2 at the time of the offense; or
3   (B-5) the pistol, revolver, or handgun possessed 
4 was uncased, unloaded, and the ammunition for
the 
5 weapon was immediately accessible at the time of the 
6 offense and the person possessing the pistol, 
7 revolver, or handgun has not been issued a currently 
8 valid license under the Firearm Concealed Carry Act; or 
9   (C) the person possessing the firearm has not been 
10 issued a currently
valid Firearm Owner's 
11 Identification Card; or
12   (D) the person possessing the weapon was 
13 previously adjudicated
a delinquent minor under the 
14 Juvenile Court Act of 1987 for an act that if
committed 
15 by an adult would be a felony; or
16   (E) the person possessing the weapon was engaged in 
17 a misdemeanor
violation of the Cannabis
Control Act, in 
18 a misdemeanor violation of the Illinois Controlled 
19 Substances
Act, or in a misdemeanor violation of the 
20 Methamphetamine Control and Community Protection Act; 
21 or
22   (F) (blank); or
23   (G) the person possessing the weapon had an order 
24 of protection issued
against him or her within the 
25 previous 2 years; or
26   (H) the person possessing the weapon was engaged in 
 
 
HB5234- 27 -LRB101 17709 RLC 67136 b


1 the commission or
attempted commission of
a 
2 misdemeanor involving the use or threat of violence 
3 against
the person or property of another; or
4   (I) the person possessing the weapon was under 21 
5 years of age and in
possession of a handgun, unless the 
6 person under 21
is engaged in lawful activities under 
7 the Wildlife Code or described in
subsection 
8 24-2(b)(1), (b)(3), or 24-2(f).
9 (a-5) "Handgun" as used in this Section has the meaning 
10given to it in Section 5 of the Firearm Concealed Carry Act. 
11 (b) "Stun gun or taser" as used in this Section has the 
12same definition
given to it in Section 24-1 of this Code.
13 (c) This Section does not apply to or affect the 
14transportation or
possession
of weapons that:
15  (i) are broken down in a non-functioning state; or
16  (ii) are not immediately accessible; or
17  (iii) are unloaded and enclosed in a case, firearm 
18 carrying box,
shipping box, or other container by a person 
19 who has been issued a currently
valid Firearm Owner's

20 Identification Card.
21 (d) Sentence.
22  (1) Aggravated unlawful use of a weapon is a Class 3 4 
23 felony;
a second or subsequent offense is a Class 1 2 
24 felony for which the person shall be sentenced to a term of 
25 imprisonment of not less than 4 3 years and not more than 
26 15 7 years, except as provided for in Section 5-4.5-110 of 
 
 
HB5234- 28 -LRB101 17709 RLC 67136 b


1 the Unified Code of Corrections. 
2  (2) Except as otherwise provided in paragraphs (3) and 
3 (4) of this subsection (d), a first offense of aggravated 
4 unlawful use of a weapon committed with a firearm by a 
5 person 18 years of age or older where the factors listed in 
6 both items (A) and (C) or both items (A-5) and (C) of 
7 paragraph (3) of subsection (a) are present is a Class 3 4 
8 felony, for which the person shall be sentenced to a term 
9 of imprisonment of not less than 2 years one year and not 
10 more than 5 3 years.
11  (3) Aggravated unlawful use of
a weapon by a person who 
12 has been previously
convicted of a felony in this State or 
13 another jurisdiction is a Class 1 2
felony for which the 
14 person shall be sentenced to a term of imprisonment of not 
15 less than 4 3 years and not more than 15 7 years, except as 
16 provided for in Section 5-4.5-110 of the Unified Code of 
17 Corrections. 
18  (4) Aggravated unlawful use of a weapon while wearing 
19 or in possession of body armor as defined in Section 33F-1 
20 by a person who has not been issued a valid Firearms 
21 Owner's Identification Card in accordance with Section 5 of 
22 the Firearm Owners Identification Card Act is a Class X 
23 felony, for which the person shall be sentenced to a term 
24 of imprisonment of not less 6 years and not more than 40 
25 years.

26 (e) The possession of each firearm in violation of this 
 
 
HB5234- 29 -LRB101 17709 RLC 67136 b


1Section constitutes a single and separate violation.
2(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)

3 (720 ILCS 5/24-1.8)
4 Sec. 24-1.8. Unlawful possession of a firearm by a street 
5gang member.
6 (a) A person
commits unlawful possession of a firearm by a 
7street gang member when he or she knowingly:
8  (1) possesses, carries, or conceals on or about his or 
9 her person a firearm and firearm ammunition while on any 
10 street, road, alley, gangway, sidewalk, or any other lands, 
11 except when inside his or her own abode or inside his or 
12 her fixed place of business, and has not been issued a 
13 currently valid Firearm Owner's Identification Card and is 
14 a member of a street gang; or
15  (2) possesses or carries in any vehicle a firearm and 
16 firearm ammunition which are both immediately accessible 
17 at the time of the offense while on any street, road, 
18 alley, or any other lands, except when inside his or her 
19 own abode or garage, and has not been issued a currently 
20 valid Firearm Owner's Identification Card and is a member 
21 of a street gang.
22 (b) Unlawful possession of a firearm by a street gang 
23member is a Class 1 2 felony for which the person, if sentenced 
24to a term of imprisonment, shall be sentenced to no less than 4 
253 years and no more than 30 10 years. A period of probation, a 
 
 
HB5234- 30 -LRB101 17709 RLC 67136 b


1term of periodic imprisonment or conditional discharge shall 
2not be imposed for the offense of unlawful possession of a 
3firearm by a street gang member when the firearm was loaded or 
4contained firearm ammunition and the court shall sentence the 
5offender to not less than the minimum term of imprisonment 
6authorized for the Class 1 2 felony for which the person shall 
7be sentenced to no less than 4 years and no more than 30 years.
8 (c) For purposes of this Section:
9  "Street gang" or "gang" has the meaning ascribed to it 
10 in Section 10 of the Illinois Streetgang Terrorism Omnibus 
11 Prevention Act.
12  "Street gang member" or "gang member" has the meaning 
13 ascribed to it in Section 10 of the Illinois Streetgang 
14 Terrorism Omnibus Prevention Act.

15(Source: P.A. 96-829, eff. 12-3-09.)



16 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)


17 Sec. 24-3. Unlawful sale or delivery of firearms. 

18 (A) A person commits the offense of unlawful sale or 
19delivery of firearms when he
or she knowingly does any of the 
20following:

21  (a) Sells or gives any firearm of a size which may be 
22 concealed upon the
person to any person under 18 years of 
23 age.

24  (b) Sells or gives any firearm to a person under 21 
25 years of age who has
been convicted of a misdemeanor other 
 
 
HB5234- 31 -LRB101 17709 RLC 67136 b


1 than a traffic offense or adjudged
delinquent.

2  (c) Sells or gives any firearm to any narcotic addict.

3  (d) Sells or gives any firearm to any person who has 
4 been convicted of a
felony under the laws of this or any 
5 other jurisdiction.

6  (e) Sells or gives any firearm to any person who has 
7 been a patient in a
mental institution within the past 5 
8 years. In this subsection (e):
9   "Mental institution" means any hospital, 
10 institution, clinic, evaluation facility, mental 
11 health center, or part thereof, which is used primarily 
12 for the care or treatment of persons with mental 
13 illness. 
14   "Patient in a mental institution" means the person 
15 was admitted, either voluntarily or involuntarily, to 
16 a mental institution for mental health treatment, 
17 unless the treatment was voluntary and solely for an 
18 alcohol abuse disorder and no other secondary 
19 substance abuse disorder or mental illness.

20  (f) Sells or gives any firearms to any person who is a 
21 person with an intellectual disability.

22  (g) Delivers any firearm, incidental to a sale, without 
23 withholding delivery of the firearm
for at least 72 hours 
24 after application for its purchase has been made, or

25 delivers a stun gun or taser, incidental to a sale,
without 
26 withholding delivery of the stun gun or taser for
at least 
 
 
HB5234- 32 -LRB101 17709 RLC 67136 b


1 24 hours after application for its purchase has been made.

2 However,
this paragraph (g) does not apply to: (1) the sale 
3 of a firearm
to a law enforcement officer if the seller of 
4 the firearm knows that the person to whom he or she is 
5 selling the firearm is a law enforcement officer or the 
6 sale of a firearm to a person who desires to purchase a 
7 firearm for
use in promoting the public interest incident 
8 to his or her employment as a
bank guard, armed truck 
9 guard, or other similar employment; (2) a mail
order sale 
10 of a firearm from a federally licensed firearms dealer to a 
11 nonresident of Illinois under which the firearm
is mailed 
12 to a federally licensed firearms dealer outside the 
13 boundaries of Illinois; (3) (blank); (4) the sale of a

14 firearm to a dealer licensed as a federal firearms dealer 
15 under Section 923
of the federal Gun Control Act of 1968 
16 (18 U.S.C. 923); or (5) the transfer or sale of any rifle, 
17 shotgun, or other long gun to a resident registered 
18 competitor or attendee or non-resident registered 
19 competitor or attendee by any dealer licensed as a federal 
20 firearms dealer under Section 923 of the federal Gun 
21 Control Act of 1968 at competitive shooting events held at 
22 the World Shooting Complex sanctioned by a national 
23 governing body. For purposes of transfers or sales under 
24 subparagraph (5) of this paragraph (g), the Department of 
25 Natural Resources shall give notice to the Department of 
26 State Police at least 30 calendar days prior to any 
 
 
HB5234- 33 -LRB101 17709 RLC 67136 b


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

21  (h) While holding any license
as a dealer,
importer, 
22 manufacturer or pawnbroker
under the federal Gun Control 
23 Act of 1968,
manufactures, sells or delivers to any 
24 unlicensed person a handgun having
a barrel, slide, frame 
25 or receiver which is a die casting of zinc alloy or
any 
26 other nonhomogeneous metal which will melt or deform at a 
 
 
HB5234- 34 -LRB101 17709 RLC 67136 b


1 temperature
of less than 800 degrees Fahrenheit. For 
2 purposes of this paragraph, (1)
"firearm" is defined as in 
3 the Firearm Owners Identification Card Act; and (2)

4 "handgun" is defined as a firearm designed to be held
and 
5 fired by the use of a single hand, and includes a 
6 combination of parts from
which such a firearm can be 
7 assembled.

8  (i) Sells or gives a firearm of any size to any person 
9 under 18 years of
age who does not possess a valid Firearm 
10 Owner's Identification Card.

11  (j) Sells or gives a firearm while engaged in the 
12 business of selling
firearms at wholesale or retail without 
13 being licensed as a federal firearms
dealer under Section 
14 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). 
15 In this paragraph (j):

16  A person "engaged in the business" means a person who 
17 devotes time,
attention, and
labor to
engaging in the 
18 activity as a regular course of trade or business with the

19 principal objective of livelihood and profit, but does not 
20 include a person who
makes occasional repairs of firearms 
21 or who occasionally fits special barrels,
stocks, or 
22 trigger mechanisms to firearms.

23  "With the principal objective of livelihood and 
24 profit" means that the
intent
underlying the sale or 
25 disposition of firearms is predominantly one of
obtaining 
26 livelihood and pecuniary gain, as opposed to other intents, 
 
 
HB5234- 35 -LRB101 17709 RLC 67136 b


1 such as
improving or liquidating a personal firearms 
2 collection; however, proof of
profit shall not be required 
3 as to a person who engages in the regular and
repetitive 
4 purchase and disposition of firearms for criminal purposes 
5 or
terrorism.

6  (k) Sells or transfers ownership of a firearm to a 
7 person who does not display to the seller or transferor of 
8 the firearm either: (1) a currently valid Firearm Owner's 
9 Identification Card that has previously been issued in the 
10 transferee's name by the Department of State Police under 
11 the provisions of the Firearm Owners Identification Card 
12 Act; or (2) a currently valid license to carry a concealed 
13 firearm that has previously been issued in the transferee's 
14 name by the
Department of State Police under the Firearm 
15 Concealed Carry Act. This paragraph (k) does not apply to 
16 the transfer of a firearm to a person who is exempt from 
17 the requirement of possessing a Firearm Owner's 
18 Identification Card under Section 2 of the Firearm Owners 
19 Identification Card Act. For the purposes of this Section, 
20 a currently valid Firearm Owner's Identification Card 
21 means (i) a Firearm Owner's Identification Card that has 
22 not expired or (ii) an approval number issued in accordance 
23 with subsection (a-10) of subsection 3 or Section 3.1 of 
24 the Firearm Owners Identification Card Act shall be proof 
25 that the Firearm Owner's Identification Card was valid.
26   (1) In addition to the other requirements of this 
 
 
HB5234- 36 -LRB101 17709 RLC 67136 b


1 paragraph (k), all persons who are not federally 
2 licensed firearms dealers must also have complied with 
3 subsection (a-10) of Section 3 of the Firearm Owners 
4 Identification Card Act by determining the validity of 
5 a purchaser's Firearm Owner's Identification Card.
6   (2) All sellers or transferors who have complied 
7 with the requirements of subparagraph (1) of this 
8 paragraph (k) shall not be liable for damages in any 
9 civil action arising from the use or misuse by the 
10 transferee of the firearm transferred, except for 
11 willful or wanton misconduct on the part of the seller 
12 or transferor. 
13  (l) Not
being entitled to the possession of a firearm, 
14 delivers the
firearm, knowing it to have been stolen or 
15 converted. It may be inferred that
a person who possesses a 
16 firearm with knowledge that its serial number has
been 
17 removed or altered has knowledge that the firearm is stolen 
18 or converted. 
19 (B) Paragraph (h) of subsection (A) does not include 
20firearms sold within 6
months after enactment of Public
Act 
2178-355 (approved August 21, 1973, effective October 1, 1973), 
22nor is any
firearm legally owned or
possessed by any citizen or 
23purchased by any citizen within 6 months after the
enactment of 
24Public Act 78-355 subject
to confiscation or seizure under the 
25provisions of that Public Act. Nothing in
Public Act 78-355 
26shall be construed to prohibit the gift or trade of
any firearm 
 
 
HB5234- 37 -LRB101 17709 RLC 67136 b


1if that firearm was legally held or acquired within 6 months 
2after
the enactment of that Public Act.

3 (C) Sentence.

4  (1) Any person convicted of unlawful sale or delivery 
5 of firearms in violation of
paragraph (c), (e), (f), (g), 
6 or (h) of subsection (A) commits a Class
3 4
felony.

7  (2) Any person convicted of unlawful sale or delivery 
8 of firearms in violation of
paragraph (b) or (i) of 
9 subsection (A) commits a Class 2 3 felony.

10  (3) Any person convicted of unlawful sale or delivery 
11 of firearms in violation of
paragraph (a) of subsection (A) 
12 commits a Class 1 2 felony.

13  (4) Any person convicted of unlawful sale or delivery 
14 of firearms in violation of
paragraph (a), (b), or (i) of 
15 subsection (A) in any school, on the real
property 
16 comprising a school, within 1,000 feet of the real property 
17 comprising
a school, at a school related activity, or on or 
18 within 1,000 feet of any
conveyance owned, leased, or 
19 contracted by a school or school district to
transport 
20 students to or from school or a school related activity,

21 regardless of the time of day or time of year at which the 
22 offense
was committed, commits a Class X 1 felony. Any 
23 person convicted of a second
or subsequent violation of 
24 unlawful sale or delivery of firearms in violation of 
25 paragraph
(a), (b), or (i) of subsection (A) in any school, 
26 on the real property
comprising a school, within 1,000 feet 
 
 
HB5234- 38 -LRB101 17709 RLC 67136 b


1 of the real property comprising a
school, at a school 
2 related activity, or on or within 1,000 feet of any

3 conveyance owned, leased, or contracted by a school or 
4 school district to
transport students to or from school or 
5 a school related activity,
regardless of the time of day or 
6 time of year at which the offense
was committed, commits a 
7 Class X 1 felony for which the sentence shall be a
term of 
8 imprisonment of no less than 6 5 years and no more than 30 
9 15 years.

10  (5) Any person convicted of unlawful sale or delivery 
11 of firearms in violation of
paragraph (a) or (i) of 
12 subsection (A) in residential property owned,
operated, or 
13 managed by a public housing agency or leased by a public 
14 housing
agency as part of a scattered site or mixed-income 
15 development, in a public
park, in a
courthouse, on 
16 residential property owned, operated, or managed by a 
17 public
housing agency or leased by a public housing agency 
18 as part of a scattered site
or mixed-income development, on 
19 the real property comprising any public park,
on the real

20 property comprising any courthouse, or on any public way 
21 within 1,000 feet
of the real property comprising any 
22 public park, courthouse, or residential
property owned, 
23 operated, or managed by a public housing agency or leased 
24 by a
public housing agency as part of a scattered site or 
25 mixed-income development
commits a
Class 1 2 felony.

26  (6) Any person convicted of unlawful sale or delivery 
 
 
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1 of firearms in violation of
paragraph (j) of subsection (A) 
2 commits a Class 4 felony A misdemeanor. A second or

3 subsequent violation is a Class 3 4 felony.
4  (7) Any person convicted of unlawful sale or delivery 
5 of firearms in violation of paragraph (k) of subsection (A) 
6 commits a Class 3 4 felony, except that a violation of 
7 subparagraph (1) of paragraph (k) of subsection (A) shall 
8 not be punishable as a crime or petty offense. A third or 
9 subsequent conviction for a violation of paragraph (k) of 
10 subsection (A) is a Class X 1 felony.


11  (8) A person 18 years of age or older convicted of 
12 unlawful sale or delivery of firearms in violation of 
13 paragraph (a) or (i) of subsection (A), when the firearm 
14 that was sold or given to another person under 18 years of 
15 age was used in the commission of or attempt to commit a 
16 forcible felony, shall be fined or imprisoned, or both, not 
17 to exceed the maximum provided for the most serious 
18 forcible felony so committed or attempted by the person 
19 under 18 years of age who was sold or given the firearm. 
20  (9) Any person convicted of unlawful sale or delivery 
21 of firearms in violation of
paragraph (d) of subsection (A) 
22 commits a Class 2 3 felony.
23  (10) Any person convicted of unlawful sale or delivery 
24 of firearms in violation of paragraph (l) of subsection (A) 
25 commits a Class 1 2 felony if the delivery is of one 
26 firearm. Any person convicted of unlawful sale or delivery 
 
 
HB5234- 40 -LRB101 17709 RLC 67136 b


1 of firearms in violation of paragraph (l) of subsection (A) 
2 commits a Class X 1 felony if the delivery is of not less 
3 than 2 and not more than 5 firearms at the
same time or 
4 within a one year period. Any person convicted of unlawful 
5 sale or delivery of firearms in violation of paragraph (l) 
6 of subsection (A) commits a Class X felony for which he or 
7 she shall be sentenced
to a term of imprisonment of not 
8 less than 6 years and not more than 30
years if the 
9 delivery is of not less than 6 and not more than 10 
10 firearms at the
same time or within a 2 year period. Any 
11 person convicted of unlawful sale or delivery of firearms 
12 in violation of paragraph (l) of subsection (A) commits a 
13 Class X felony for which he or she shall be sentenced
to a 
14 term of imprisonment of not less than 6 years and not more 
15 than 40
years if the delivery is of not less than 11 and 
16 not more than 20 firearms at the
same time or within a 3 
17 year period. Any person convicted of unlawful sale or 
18 delivery of firearms in violation of paragraph (l) of 
19 subsection (A) commits a Class X felony for which he or she 
20 shall be sentenced
to a term of imprisonment of not less 
21 than 6 years and not more than 50
years if the delivery is 
22 of not less than 21 and not more than 30 firearms at the

23 same time or within a 4 year period. Any person convicted 
24 of unlawful sale or delivery of firearms in violation of 
25 paragraph (l) of subsection (A) commits a Class X felony 
26 for which he or she shall be sentenced
to a term of 
 
 
HB5234- 41 -LRB101 17709 RLC 67136 b


1 imprisonment of not less than 6 years and not more than 60

2 years if the delivery is of 31 or more firearms at the
same 
3 time or within a 5 year period. 
4 (D) For purposes of this Section:

5 "School" means a public or private elementary or secondary 
6school,
community college, college, or university.

7 "School related activity" means any sporting, social, 
8academic, or
other activity for which students' attendance or 
9participation is sponsored,
organized, or funded in whole or in 
10part by a school or school district.

11 (E) A prosecution for a violation of paragraph (k) of 
12subsection (A) of this Section may be commenced within 6 years 
13after the commission of the offense. A prosecution for a 
14violation of this Section other than paragraph (g) of 
15subsection (A) of this Section may be commenced within 5 years 
16after the commission of the offense defined in the particular 
17paragraph.

18(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; 
1999-642, eff. 7-28-16; 100-606, eff. 1-1-19.)




20 (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)



21 Sec. 24-3.1. Unlawful possession of firearms and firearm 
22ammunition. 

23 (a) A person commits the offense of unlawful possession of 
24firearms
or firearm ammunition when:


25  (1) He is under 18 years of age and has in his 
 
 
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1 possession
any firearm of
a size which may be concealed 
2 upon the person; or


3  (2) He is under 21 years of age, has been convicted of 
4 a misdemeanor
other than a traffic offense or adjudged 
5 delinquent and has
any firearms or
firearm ammunition in 
6 his possession; or


7  (3) He is a narcotic addict and has
any firearms or 
8 firearm ammunition
in his possession; or


9  (4) He has been a patient in a mental institution 
10 within the past 5 years
and has
any firearms or firearm 
11 ammunition in his possession. For purposes of this 
12 paragraph (4):
13   "Mental institution" means any hospital, 
14 institution, clinic, evaluation facility, mental 
15 health center, or part thereof, which is used primarily 
16 for the care or treatment of persons with mental 
17 illness.
18   "Patient in a mental institution" means the person 
19 was admitted, either voluntarily or involuntarily, to 
20 a mental institution for mental health treatment, 
21 unless the treatment was voluntary and solely for an 
22 alcohol abuse disorder and no other secondary 
23 substance abuse disorder or mental illness; or


24  (5) He is a person with an intellectual disability and 
25 has
any firearms or firearm ammunition
in his possession; 
26 or


 
 
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1  (6) He has in his possession any explosive bullet.

2 For purposes of this paragraph "explosive bullet" means the 
3projectile
portion of an ammunition cartridge which contains or 
4carries an explosive
charge which will explode upon contact 
5with the flesh of a human or an animal.
"Cartridge" means a 
6tubular metal case having a projectile affixed at the
front 
7thereof and a cap or primer at the rear end thereof, with the 
8propellant
contained in such tube between the projectile and 
9the cap.

10 (b) Sentence.

11 Unlawful possession of firearms, other than handguns, and 
12firearm
ammunition is a Class 4 felony A misdemeanor. Unlawful 
13possession of handguns is a
Class 3 4 felony. The possession of 
14each firearm or firearm ammunition in violation of this Section 
15constitutes a single and separate violation.


16 (c) Nothing in paragraph (1) of subsection (a) of this 
17Section prohibits
a person under 18 years of age from 
18participating in any lawful recreational
activity with a 
19firearm such as, but not limited to, practice shooting at

20targets upon established public or private target ranges or 
21hunting, trapping,
or fishing in accordance with the Wildlife 
22Code or the Fish and Aquatic Life
Code.

23(Source: P.A. 99-143, eff. 7-27-15.)





24 (720 ILCS 5/24-3.3) (from Ch. 38, par. 24-3.3)



25 Sec. 24-3.3. Unlawful Sale or Delivery of Firearms on the 
 
 
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1Premises of
Any School, regardless of the time of day or the 
2time of year, or any
conveyance owned, leased or contracted by 
3a school to transport students to
or from school or a school 
4related activity, or
residential property owned, operated or 
5managed by a public housing
agency.  Any person 18 years of age 
6or older who sells, gives or delivers
any firearm to any person 
7under 18 years of age in any school, regardless
of the time of 
8day or the time of year or residential property owned,
operated 
9or managed by a public housing agency or leased by a
public 
10housing agency as part of a scattered site or mixed-income

11development, on the real property
comprising any school, 
12regardless of the time of day or the time of year
or 
13residential property owned, operated or managed by a public

14housing
agency or leased by a public housing agency as part of 
15a scattered site or
mixed-income development commits a Class 2 
163 felony. School is defined, for the
purposes of
this Section, 
17as any public or private elementary or secondary school,

18community college, college or university. This does not apply 
19to peace
officers or to students carrying or possessing 
20firearms for use in school
training courses, parades, target 
21shooting on school ranges, or otherwise
with the consent of 
22school authorities and which firearms are transported
unloaded 
23and enclosed in a suitable case, box or transportation package.

24(Source: P.A. 91-673, eff. 12-22-99.)





25 (720 ILCS 5/24-3.5)


 
 
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1 Sec. 24-3.5. Unlawful purchase of a firearm. 

2 (a) For purposes of this Section,
"firearms transaction 
3record form" means a form:


4  (1) executed by a transferee
of a firearm stating: (i) 
5 the transferee's name and address (including county
or 
6 similar political subdivision); (ii) whether the 
7 transferee is a citizen of
the United States;
(iii) the 
8 transferee's State of residence; and (iv) the date and 
9 place of
birth, height, weight, and race of the transferee; 
10 and


11  (2) on which the transferee certifies that he or she is 
12 not
prohibited by federal law from transporting or shipping 
13 a firearm
in interstate or foreign commerce or receiving a 
14 firearm that has been shipped
or transported in interstate 
15 or foreign commerce or possessing a firearm in or
affecting 
16 commerce.

17 (b) A person commits the offense of unlawful purchase of a 
18firearm who
knowingly purchases or attempts to purchase a

19firearm with the intent to deliver that firearm to another 
20person who
is prohibited by federal or State law from 
21possessing a firearm.

22 (c) A person commits the offense of unlawful purchase of a 
23firearm when he
or she, in purchasing or attempting to purchase 
24a firearm, intentionally
provides false or
misleading 
25information on a United States Department of the Treasury, 
26Bureau of
Alcohol, Tobacco and Firearms firearms transaction 
 
 
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1record form.

2 (d) Exemption. It is not a violation of subsection (b) of 
3this Section for a
person to make a gift or loan of a firearm to 
4a
person who is not
prohibited by federal or State law from 
5possessing a firearm
if the transfer of the firearm
is made in 
6accordance with Section 3 of the Firearm Owners Identification 
7Card
Act.

8 (e) Sentence.


9  (1) A person who commits the offense of unlawful 
10 purchase of a
firearm:


11   (A) is guilty of a Class 1 2 felony for purchasing 
12 or attempting to
purchase one firearm;


13   (B) is guilty of a Class X 1 felony for purchasing 
14 or attempting to
purchase not less than 2
firearms and 
15 not more than 5 firearms at the same time or within a 
16 one
year period;


17   (C) is guilty of a Class X felony for which the 
18 offender shall be sentenced to a term of imprisonment 
19 of not less than 12 9 years and not more than 50 40 
20 years for purchasing or attempting to
purchase not less 
21 than 6
firearms at the same time or within a 2
year 
22 period.


23  (2) In addition to any other penalty that may be 
24 imposed for a violation
of this Section, the court may 
25 sentence a person convicted of a violation of
subsection 
26 (c) of this Section to a fine not to exceed $250,000 for 
 
 
HB5234- 47 -LRB101 17709 RLC 67136 b


1 each
violation.

2 (f) A prosecution for unlawful purchase of a firearm may be 
3commenced within 6 years after the commission of the offense.

4(Source: P.A. 95-882, eff. 1-1-09.)


5 (720 ILCS 5/24-3.7)
6 Sec. 24-3.7. Use of a stolen firearm in the commission of 
7an offense.
8 (a) A person commits the offense of use of a stolen firearm 
9in the commission of an offense when he or she knowingly uses a 
10stolen firearm in the commission of any offense and the person 
11knows that the firearm was stolen. 
12 (b) Sentence. Use of a stolen firearm in the commission of 
13an offense is a Class 1 2 felony. 

14(Source: P.A. 96-190, eff. 1-1-10.)

15 (720 ILCS 5/24-3.8)
16 Sec. 24-3.8. Possession of a stolen firearm. 

17 (a) A person commits possession of a stolen firearm when he 
18or she, not
being entitled to the possession of a firearm, 
19possesses the
firearm, knowing it to have been stolen or 
20converted. The trier of fact may infer that
a person who 
21possesses a firearm with knowledge that its serial number has

22been removed or altered has knowledge that the firearm is 
23stolen or converted.

24 (b) Possession of a stolen firearm is a Class 1 2 felony.

 
 
HB5234- 48 -LRB101 17709 RLC 67136 b


1(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-347, eff. 
21-1-12; 97-1109, eff. 1-1-13.)

3 (720 ILCS 5/24-3.9)
4 Sec. 24-3.9. Aggravated possession of a stolen firearm.

5 (a) A person commits aggravated possession of a stolen 
6firearm when he
or she:


7  (1) Not being entitled to the possession of not less 
8 than 2 and
not more than 5 firearms, possesses those 
9 firearms at the
same time or within a one-year period, 
10 knowing the firearms to have been
stolen or converted.


11  (2) Not being entitled to the possession of not less 
12 than 6 and
not more than 10 firearms, possesses those 
13 firearms at the
same time or within a 2-year period, 
14 knowing the firearms to have been
stolen or converted.


15  (3) Not being entitled to the possession of not less 
16 than 11 and
not more than 20 firearms, possesses those 
17 firearms at the
same time or within a 3-year period, 
18 knowing the firearms to have been
stolen or converted.


19  (4) Not being entitled to the possession of not less 
20 than 21 and
not more than 30 firearms, possesses those 
21 firearms at the
same time or within a 4-year period, 
22 knowing the firearms to have been
stolen or converted.


23  (5) Not being entitled to the possession of more than 
24 30 firearms,
possesses those firearms at the
same time or 
25 within a 5-year period, knowing the firearms to have been

 
 
HB5234- 49 -LRB101 17709 RLC 67136 b


1 stolen or converted.

2 (b) The trier of fact may infer that a person who possesses 
3a firearm with
knowledge that its serial number has been 
4removed or altered has
knowledge that the firearm is stolen or 
5converted.

6 (c) Sentence.


7  (1) A person who violates paragraph (1) of subsection 
8 (a) of this
Section commits a Class X 1 felony.


9  (2) A person who violates paragraph (2) of subsection 
10 (a) of this
Section commits a Class X felony for which he 
11 or she shall be sentenced
to a term of imprisonment of not 
12 less than 6 years and not more than 40 30
years.


13  (3) A person who violates paragraph (3) of subsection 
14 (a) of this
Section commits a Class X felony for which he 
15 or she shall be sentenced
to a term of imprisonment of not 
16 less than 6 years and not more than 50 40
years.


17  (4) A person who violates paragraph (4) of subsection 
18 (a) of this
Section commits a Class X felony for which he 
19 or she shall be sentenced
to a term of imprisonment of not 
20 less than 6 years and not more than 60 50
years.


21  (5) A person who violates paragraph (5) of subsection 
22 (a) of this
Section commits a Class X felony for which he 
23 or she shall be sentenced
to a term of imprisonment of not 
24 less than 6 years and not more than 70 60
years.

25(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-347, eff. 
261-1-12; 97-1109, eff. 1-1-13.)




 
 
HB5234- 50 -LRB101 17709 RLC 67136 b


1 (720 ILCS 5/24-3A)



2 Sec. 24-3A. Gunrunning. 

3 (a) A person commits gunrunning when he or she transfers 3 
4or
more firearms in violation of any of the paragraphs of 
5Section 24-3 of this
Code.

6 (b) Sentence. A person who commits gunrunning:
7  (1) is guilty of a Class X 1
felony;
8  (2) is guilty of a Class X felony for which the 
9 sentence shall be a term of imprisonment of not less than 
10 10 8 years and not more than 50 40 years if the transfer is 
11 of not less than 11 firearms and not more than 20 firearms;
12  (3) is guilty of a Class X felony for which the 
13 sentence shall be a term of imprisonment of not less than 
14 15 10 years and not more than 60 50 years if the transfer 
15 is of more than 20 firearms.
16A person who commits gunrunning by transferring firearms to a 
17person
who, at the time of the commission of the offense, is 
18under 18 years of age is
guilty of a Class X felony for which 
19the sentence shall be a term of imprisonment of no less than 6 
20years and no more than 40 years.

21(Source: P.A. 93-906, eff. 8-11-04.)


22 (720 ILCS 5/24-3B)
23 Sec. 24-3B. Firearms trafficking.
24 (a) A person commits firearms trafficking when he or she 
 
 
HB5234- 51 -LRB101 17709 RLC 67136 b


1has not been issued a currently valid Firearm Owner's 
2Identification Card and knowingly:
3  (1) brings, or causes to be brought, into this State, a 
4 firearm or firearm ammunition for the purpose of sale, 
5 delivery, or transfer to any other person or with the 
6 intent to sell, deliver, or transfer the firearm or firearm 
7 ammunition to any other person; or
8  (2) brings, or causes to be brought, into this State, a 
9 firearm and firearm ammunition for the purpose of sale, 
10 delivery, or transfer to any other person or with the 
11 intent to sell, deliver, or transfer the firearm and 
12 firearm ammunition to any other person.
13 (a-5) This Section does not apply to: 
14  (1) a person exempt under Section 2 of the Firearm 
15 Owners Identification Card Act from the requirement of 
16 having possession of a Firearm Owner's Identification Card 
17 previously issued in his or her name by the Department of 
18 State Police in order to acquire or possess a firearm or 
19 firearm ammunition; 
20  (2) a common carrier under subsection (i) of Section 
21 24-2 of this Code; or 
22  (3) a non-resident who may lawfully possess a firearm 
23 in his or her resident state. 
24 (b) Sentence.
25  (1) Firearms trafficking is a Class X 1 felony for 
26 which the person, if sentenced to a term of imprisonment, 
 
 
HB5234- 52 -LRB101 17709 RLC 67136 b


1 shall be sentenced to not less than 4 years and not more 
2 than 20 years.
3  (2) Firearms trafficking by a person who has been 
4 previously convicted of firearms trafficking, gunrunning, 
5 or a felony offense for the unlawful sale, delivery, or 
6 transfer of a firearm or firearm ammunition in this State 
7 or another jurisdiction is a Class X felony for which the 
8 person shall be sentenced to no less than 10 years and no 
9 more than 60 years. 

10(Source: P.A. 99-885, eff. 8-23-16.)

11 (720 ILCS 5/24-4.1)

12 Sec. 24-4.1. Report of lost or stolen firearms.

13 (a) If a person who possesses a valid Firearm Owner's 
14Identification Card and who possesses or acquires a firearm 
15thereafter loses the firearm, or if the firearm is stolen from 
16the person, the person must report the loss or theft to the 
17local law enforcement agency within 72 hours after obtaining 
18knowledge of the loss or theft.
19 (b) A law enforcement agency having jurisdiction shall take 
20a written report and shall, as soon as practical, enter the 
21firearm's serial number as stolen into the Law Enforcement 
22Agencies Data System (LEADS).
23 (c) A person shall not be in violation of this Section if:
24  (1) the failure to report is due to an act of God, act 
25 of war, or inability of a law enforcement agency to receive 
 
 
HB5234- 53 -LRB101 17709 RLC 67136 b


1 the report;
2  (2) the person is hospitalized, in a coma, or is 
3 otherwise seriously physically or mentally impaired as to 
4 prevent the person from reporting; or
5  (3) the person's designee makes a report if the person 
6 is unable to make the report. 
7 (d) Sentence. A person who violates this Section is guilty 
8of a Class A misdemeanor petty offense for a first violation. A 
9second or subsequent violation of this Section is a Class 4 
10felony A misdemeanor.

11(Source: P.A. 98-508, eff. 8-19-13.)




12 (720 ILCS 5/24-5) (from Ch. 38, par. 24-5)


13 Sec. 24-5. Defacing
identification marks of firearms.
14 (a) Any person who shall knowingly or intentionally change, 
15alter,
remove or obliterate the name of
the importer's or 
16manufacturer's serial number of
any firearm commits a Class 1 2 
17felony.

18 (b) A person who possesses any firearm upon which any such 
19importer's or manufacturer's serial number has been
changed, 
20altered, removed or obliterated commits a Class 3 felony.

21 (c) Nothing in this Section shall prevent a person from 
22making repairs, replacement of parts, or other changes to a 
23firearm if those repairs, replacement of parts, or changes 
24cause the removal of the name of the maker, model, or other 
25marks of identification other than the serial number on the 
 
 
HB5234- 54 -LRB101 17709 RLC 67136 b


1firearm's frame or receiver.
2 (d) A prosecution for a violation of this Section may be 
3commenced within 6 years after the commission of the offense.

4(Source: P.A. 93-906, eff. 8-11-04.)





5 (720 ILCS 5/24-9)



6 Sec. 24-9. Firearms; Child Protection. 

7 (a) Except as provided in
subsection (c), it is unlawful

8for any person to
store or leave, within premises under his or 
9her control, a firearm if
the
person knows or has reason to 
10believe that a minor under the age of 14
years who does not 
11have a Firearm Owners Identification Card is likely to gain

12access to the firearm without the lawful permission
of the 
13minor's parent, guardian, or person having charge of the minor, 
14and
the minor causes death or great bodily harm with the 
15firearm, unless
the firearm is:


16  (1) secured by a device or mechanism, other than the 
17 firearm safety,
designed to render a firearm temporarily 
18 inoperable; or


19  (2) placed in a securely locked box or container; or


20  (3) placed in some other location that a reasonable 
21 person would
believe to be secure from a minor under the 
22 age of 14 years.

23 (b) Sentence. A person who violates this Section is guilty 
24of a Class A C
misdemeanor and shall be fined not less than 
25$1,000. A second or subsequent
violation of this Section is a 
 
 
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1Class 4 felony A misdemeanor.

2 (c) Subsection (a) does not apply:


3  (1) if the minor under 14 years of age gains access to 
4 a
firearm and uses it in a lawful act of self-defense or 
5 defense of another; or


6  (2) to any firearm obtained by a minor under the age of 
7 14 because of
an unlawful entry of the premises by the 
8 minor or another person.

9 (d) For the purposes of this Section, "firearm" has the 
10meaning ascribed
to it in Section 1.1 of the Firearm Owners 
11Identification Card Act.

12(Source: P.A. 91-18, eff. 1-1-00.)