100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB1793

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 he knowingly uses, attaches, or possesses with the intent to use or attach any device or attachment of any kind for silencing the report of any handgun, unless the use, attachment, or possession with the intent to use the device or attachment is on the premises of a firing or shooting range; or possess any device or attachment of any kind designed, used, or intended for use in silencing the report of any other firearm if the device or attachment is not possessed in compliance with the 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

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1 AN ACT concerning firearm silencers.

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

3 represented in the General Assembly:

4 Section 5. The Wildlife Code is amended by changing Section

5 2.33 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

9 refuge unless otherwise permitted by administrative rule.

10 (b) It is unlawful to use or possess any snare or

11 snare-like device, deadfall, net, or pit trap to take any

12 species, except that snares not powered by springs or other

13 mechanical devices may be used to trap fur-bearing mammals, in

14 water sets only, if at least one-half of the snare noose is

15 located underwater at all times.

16 (c) It is unlawful for any person at any time to take a

17 wild mammal protected by this Act from its den by means of any

18 mechanical device, spade, or digging device or to use smoke or

19 other gases to dislodge or remove such mammal except as

20 provided in Section 2.37.

21 (d) It is unlawful to use a ferret or any other small

22 mammal which is used in the same or similar manner for which

23 ferrets are used for the purpose of frightening or driving any

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1 mammals from their dens or hiding places.

2 (e) (Blank).

3 (f) It is unlawful to use spears, gigs, hooks or any like

4 device to take any species protected by this Act.

5 (g) It is unlawful to use poisons, chemicals or explosives

6 for the purpose of taking any species protected by this Act.

7 (h) It is unlawful to hunt adjacent to or near any peat,

8 grass, brush or other inflammable substance when it is burning.

9 (i) It is unlawful to take, pursue or intentionally harass

10 or disturb in any manner any wild birds or mammals by use or

11 aid of any vehicle or conveyance, except as permitted by the

12 Code of Federal Regulations for the taking of waterfowl. It is

13 also unlawful to use the lights of any vehicle or conveyance or

14 any light from or any light connected to the vehicle or

15 conveyance in any area where wildlife may be found except in

16 accordance with Section 2.37 of this Act; however, nothing in

17 this Section shall prohibit the normal use of headlamps for the

18 purpose of driving upon a roadway. Striped skunk, opossum, red

19 fox, gray fox, raccoon, bobcat, and coyote may be taken during

20 the open season by use of a small light which is worn on the

21 body 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

23 while taking or attempting to take any of the species protected

24 by this Act.

25 (k) It is unlawful to use or possess in the field any

26 shotgun shell loaded with a shot size larger than lead BB or

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1 steel T (.20 diameter) when taking or attempting to take any

2 species of wild game mammals (excluding white-tailed deer),

3 wild game birds, migratory waterfowl or migratory game birds

4 protected by this Act, except white-tailed deer as provided for

5 in 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

8 white-tailed deer and fur-bearing mammals, with a shotgun

9 loaded with slugs unless otherwise provided for by

10 administrative rule.

11 (m) It is unlawful to use any shotgun capable of holding

12 more than 3 shells in the magazine or chamber combined, except

13 on game breeding and hunting preserve areas licensed under

14 Section 3.27 and except as permitted by the Code of Federal

15 Regulations for the taking of waterfowl. If the shotgun is

16 capable of holding more than 3 shells, it shall, while being

17 used on an area other than a game breeding and shooting

18 preserve area licensed pursuant to Section 3.27, be fitted with

19 a one piece plug that is irremovable without dismantling the

20 shotgun or otherwise altered to render it incapable of holding

21 more than 3 shells in the magazine and chamber, combined.

22 (n) It is unlawful for any person, except persons who

23 possess a permit to hunt from a vehicle as provided in this

24 Section and persons otherwise permitted by law, to have or

25 carry any gun in or on any vehicle, conveyance or aircraft,

26 unless such gun is unloaded and enclosed in a case, except that

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1 at field trials authorized by Section 2.34 of this Act,

2 unloaded guns or guns loaded with blank cartridges only, may be

3 carried on horseback while not contained in a case, or to have

4 or carry any bow or arrow device in or on any vehicle unless

5 such bow or arrow device is unstrung or enclosed in a case, or

6 otherwise made inoperable.

7 (o) It is unlawful to use any crossbow for the purpose of

8 taking any wild birds or mammals, except as provided for in

9 Section 2.5.

10 (p) It is unlawful to take game birds, migratory game birds

11 or migratory waterfowl with a rifle, pistol, revolver or

12 airgun.

13 (q) It is unlawful to fire a rifle, pistol, revolver or

14 airgun on, over or into any waters of this State, including

15 frozen waters.

16 (r) It is unlawful to discharge any gun or bow and arrow

17 device along, upon, across, or from any public right-of-way or

18 highway in this State.

19 (s) (Blank). ~~It is unlawful to use a silencer or other~~

20 ~~device to muffle or mute the sound of the explosion or report~~

21 ~~resulting from the firing of any gun.~~

22 (t) It is unlawful for any person to take or attempt to

23 take any species of wildlife or parts thereof, intentionally or

24 wantonly allow a dog to hunt, within or upon the land of

25 another, or upon waters flowing over or standing on the land of

26 another, or to knowingly shoot a gun or bow and arrow device at

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1 any wildlife physically on or flying over the property of

2 another without first obtaining permission from the owner or

3 the owner's designee. For the purposes of this Section, the

4 owner's designee means anyone who the owner designates in a

5 written authorization and the authorization must contain (i)

6 the legal or common description of property for such authority

7 is given, (ii) the extent that the owner's designee is

8 authorized to make decisions regarding who is allowed to take

9 or attempt to take any species of wildlife or parts thereof,

10 and (iii) the owner's notarized signature. Before enforcing

11 this Section the law enforcement officer must have received

12 notice from the owner or the owner's designee of a violation of

13 this Section. Statements made to the law enforcement officer

14 regarding this notice shall not be rendered inadmissible by the

15 hearsay rule when offered for the purpose of showing the

16 required notice.

17 (u) It is unlawful for any person to discharge any firearm

18 for the purpose of taking any of the species protected by this

19 Act, or hunt with gun or dog, or intentionally or wantonly

20 allow a dog to hunt, within 300 yards of an inhabited dwelling

21 without first obtaining permission from the owner or tenant,

22 except that while trapping, hunting with bow and arrow, hunting

23 with dog and shotgun using shot shells only, or hunting with

24 shotgun using shot shells only, or providing outfitting

25 services under a waterfowl outfitter permit, or on licensed

26 game breeding and hunting preserve areas, as defined in Section

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1 3.27, on federally owned and managed lands and on Department

2 owned, managed, leased, or controlled lands, a 100 yard

3 restriction shall apply.

4 (v) It is unlawful for any person to remove fur-bearing

5 mammals from, or to move or disturb in any manner, the traps

6 owned by another person without written authorization of the

7 owner to do so.

8 (w) It is unlawful for any owner of a dog to knowingly or

9 wantonly allow his or her dog to pursue, harass or kill deer,

10 except that nothing in this Section shall prohibit the tracking

11 of wounded deer with a dog in accordance with the provisions of

12 Section 2.26 of this Code.

13 (x) It is unlawful for any person to wantonly or carelessly

14 injure or destroy, in any manner whatsoever, any real or

15 personal property on the land of another while engaged in

16 hunting or trapping thereon.

17 (y) It is unlawful to hunt wild game protected by this Act

18 between one half hour after sunset and one half hour before

19 sunrise, except that hunting hours between one half hour after

20 sunset and one half hour before sunrise may be established by

21 administrative rule for fur-bearing mammals.

22 (z) It is unlawful to take any game bird (excluding wild

23 turkeys and crippled pheasants not capable of normal flight and

24 otherwise irretrievable) protected by this Act when not flying.

25 Nothing in this Section shall prohibit a person from carrying

26 an uncased, unloaded shotgun in a boat, while in pursuit of a

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1 crippled migratory waterfowl that is incapable of normal

2 flight, for the purpose of attempting to reduce the migratory

3 waterfowl to possession, provided that the attempt is made

4 immediately upon downing the migratory waterfowl and is done

5 within 400 yards of the blind from which the migratory

6 waterfowl was downed. This exception shall apply only to

7 migratory game birds that are not capable of normal flight.

8 Migratory waterfowl that are crippled may be taken only with a

9 shotgun as regulated by subsection (j) of this Section using

10 shotgun shells as regulated in subsection (k) of this Section.

11 (aa) It is unlawful to use or possess any device that may

12 be used for tree climbing or cutting, while hunting fur-bearing

13 mammals, excluding coyotes.

14 (bb) It is unlawful for any person, except licensed game

15 breeders, pursuant to Section 2.29 to import, carry into, or

16 possess alive in this State any species of wildlife taken

17 outside of this State, without obtaining permission to do so

18 from the Director.

19 (cc) It is unlawful for any person to have in his or her

20 possession any freshly killed species protected by this Act

21 during the season closed for taking.

22 (dd) It is unlawful to take any species protected by this

23 Act and retain it alive except as provided by administrative

24 rule.

25 (ee) It is unlawful to possess any rifle while in the field

26 during gun deer season except as provided in Section 2.26 and

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1 administrative rules.

2 (ff) It is unlawful for any person to take any species

3 protected by this Act, except migratory waterfowl, during the

4 gun deer hunting season in those counties open to gun deer

5 hunting, unless he or she wears, when in the field, a cap and

6 upper outer garment of a solid blaze orange color, with such

7 articles of clothing displaying a minimum of 400 square inches

8 of blaze orange material.

9 (gg) It is unlawful during the upland game season for any

10 person to take upland game with a firearm unless he or she

11 wears, while in the field, a cap of solid blaze orange color.

12 For purposes of this Act, upland game is defined as Bobwhite

13 Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern

14 Cottontail and Swamp Rabbit.

15 (hh) It shall be unlawful to kill or cripple any species

16 protected by this Act for which there is a bag limit without

17 making a reasonable effort to retrieve such species and include

18 such in the bag limit. It shall be unlawful for any person

19 having control over harvested game mammals, game birds, or

20 migratory game birds for which there is a bag limit to wantonly

21 waste or destroy the usable meat of the game, except this shall

22 not apply to wildlife taken under Sections 2.37 or 3.22 of this

23 Code. For purposes of this subsection, "usable meat" means the

24 breast meat of a game bird or migratory game bird and the hind

25 ham and front shoulders of a game mammal. It shall be unlawful

26 for any person to place, leave, dump, or abandon a wildlife

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1 carcass or parts of it along or upon a public right-of-way or

2 highway or on public or private property, including a waterway

3 or stream, without the permission of the owner or tenant. It

4 shall not be unlawful to discard game meat that is determined

5 to be unfit for human consumption.

6 (ii) This Section shall apply only to those species

7 protected by this Act taken within the State. Any species or

8 any parts thereof, legally taken in and transported from other

9 states or countries, may be possessed within the State, except

10 as provided in this Section and Sections 2.35, 2.36 and 3.21.

11 (jj) (Blank).

12 (kk) Nothing contained in this Section shall prohibit the

13 Director from issuing permits to paraplegics or to other

14 persons with disabilities who meet the requirements set forth

15 in administrative rule to shoot or hunt from a vehicle as

16 provided by that rule, provided that such is otherwise in

17 accord with this Act.

18 (ll) Nothing contained in this Act shall prohibit the

19 taking of aquatic life protected by the Fish and Aquatic Life

20 Code or birds and mammals protected by this Act, except deer

21 and fur-bearing mammals, from a boat not camouflaged or

22 disguised to alter its identity or to further provide a place

23 of concealment and not propelled by sail or mechanical power.

24 However, only shotguns not larger than 10 gauge nor smaller

25 than .410 bore loaded with not more than 3 shells of a shot

26 size no larger than lead BB or steel T (.20 diameter) may be

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1 used to take species protected by this Act.

2 (mm) Nothing contained in this Act shall prohibit the use

3 of a shotgun, not larger than 10 gauge nor smaller than a 20

4 gauge, with a rifled barrel.

5 (nn) It shall be unlawful to possess any species of

6 wildlife or wildlife parts taken unlawfully in Illinois, any

7 other state, or any other country, whether or not the wildlife

8 or wildlife parts is indigenous to Illinois. For the purposes

9 of this subsection, the statute of limitations for unlawful

10 possession of wildlife or wildlife parts shall not cease until

11 2 years after the possession has permanently ended.

12 (Source: P.A. 98-119, eff. 1-1-14; 98-181, eff. 8-5-13; 98-183,

13 eff. 1-1-14; 98-290, eff. 8-9-13; 98-756, eff. 7-16-14; 98-914,

14 eff. 1-1-15; 99-33, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642,

15 eff. 7-28-16.)

16 Section 10. The Criminal Code of 2012 is amended by

17 changing Section 24-1 and 24-3 as follows:

18 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)

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

20 (a) A person commits the offense of unlawful use of weapons

21 when he knowingly:

22 (1) Sells, manufactures, purchases, possesses or

23 carries any bludgeon, black-jack, slung-shot, sand-club,

24 sand-bag, metal knuckles or other knuckle weapon

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1 regardless of its composition, throwing star, or any knife,

2 commonly referred to as a switchblade knife, which has a

3 blade that opens automatically by hand pressure applied to

4 a button, spring or other device in the handle of the

5 knife, or a ballistic knife, which is a device that propels

6 a knifelike blade as a projectile by means of a coil

7 spring, elastic material or compressed gas; or

8 (2) Carries or possesses with intent to use the same

9 unlawfully against another, a dagger, dirk, billy,

10 dangerous knife, razor, stiletto, broken bottle or other

11 piece of glass, stun gun or taser or any other dangerous or

12 deadly weapon or instrument of like character; or

13 (3) Carries on or about his person or in any vehicle, a

14 tear gas gun projector or bomb or any object containing

15 noxious liquid gas or substance, other than an object

16 containing a non-lethal noxious liquid gas or substance

17 designed solely for personal defense carried by a person 18

18 years of age or older; or

19 (4) Carries or possesses in any vehicle or concealed on

20 or about his person except when on his land or in his own

21 abode, legal dwelling, or fixed place of business, or on

22 the land or in the legal dwelling of another person as an

23 invitee with that person's permission, any pistol,

24 revolver, stun gun or taser or other firearm, except that

25 this subsection (a) (4) does not apply to or affect

26 transportation of weapons that meet one of the following

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1 conditions:

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

3 (ii) are not immediately accessible; or

4 (iii) are unloaded and enclosed in a case, firearm

5 carrying box, shipping box, or other container by a

6 person who has been issued a currently valid Firearm

7 Owner's Identification Card; or

8 (iv) are carried or possessed in accordance with

9 the Firearm Concealed Carry Act by a person who has

10 been issued a currently valid license under the Firearm

11 Concealed Carry Act; or

12 (5) Sets a spring gun; or

13 (6) Uses, attaches, or possesses with the intent to use

14 or attach ~~Possesses~~ any device or attachment of any kind

15 for ~~designed, used or intended for use in~~ silencing the

16 report of any handgun, unless the use, attachment, or

17 possession with the intent to use the device or attachment

18 is on the premises of a firing or shooting range; or

19 possesses any device or attachment of any kind designed,

20 used, or intended for use in silencing the report of any

21 other firearm if the device or attachment is not possessed

22 in compliance with the federal National Firearms Act

23 ~~firearm~~; or

24 (7) Sells, manufactures, purchases, possesses or

25 carries:

26 (i) a machine gun, which shall be defined for the

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1 purposes of this subsection as any weapon, which

2 shoots, is designed to shoot, or can be readily

3 restored to shoot, automatically more than one shot

4 without manually reloading by a single function of the

5 trigger, including the frame or receiver of any such

6 weapon, or sells, manufactures, purchases, possesses,

7 or carries any combination of parts designed or

8 intended for use in converting any weapon into a

9 machine gun, or any combination or parts from which a

10 machine gun can be assembled if such parts are in the

11 possession or under the control of a person;

12 (ii) any rifle having one or more barrels less than

13 16 inches in length or a shotgun having one or more

14 barrels less than 18 inches in length or any weapon

15 made from a rifle or shotgun, whether by alteration,

16 modification, or otherwise, if such a weapon as

17 modified has an overall length of less than 26 inches;

18 or

19 (iii) any bomb, bomb-shell, grenade, bottle or

20 other container containing an explosive substance of

21 over one-quarter ounce for like purposes, such as, but

22 not limited to, black powder bombs and Molotov

23 cocktails or artillery projectiles; or

24 (8) Carries or possesses any firearm, stun gun or taser

25 or other deadly weapon in any place which is licensed to

26 sell intoxicating beverages, or at any public gathering

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1 held pursuant to a license issued by any governmental body

2 or any public gathering at which an admission is charged,

3 excluding a place where a showing, demonstration or lecture

4 involving the exhibition of unloaded firearms is

5 conducted.

6 This subsection (a)(8) does not apply to any auction or

7 raffle of a firearm held pursuant to a license or permit

8 issued by a governmental body, nor does it apply to persons

9 engaged in firearm safety training courses; or

10 (9) Carries or possesses in a vehicle or on or about

11 his person any pistol, revolver, stun gun or taser or

12 firearm or ballistic knife, when he is hooded, robed or

13 masked in such manner as to conceal his identity; or

14 (10) Carries or possesses on or about his person, upon

15 any public street, alley, or other public lands within the

16 corporate limits of a city, village or incorporated town,

17 except when an invitee thereon or therein, for the purpose

18 of the display of such weapon or the lawful commerce in

19 weapons, or except when on his land or in his own abode,

20 legal dwelling, or fixed place of business, or on the land

21 or in the legal dwelling of another person as an invitee

22 with that person's permission, any pistol, revolver, stun

23 gun or taser or other firearm, except that this subsection

24 (a) (10) does not apply to or affect transportation of

25 weapons that meet one of the following conditions:

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

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1 (ii) are not immediately accessible; or

2 (iii) are unloaded and enclosed in a case, firearm

3 carrying box, shipping box, or other container by a

4 person who has been issued a currently valid Firearm

5 Owner's Identification Card; or

6 (iv) are carried or possessed in accordance with

7 the Firearm Concealed Carry Act by a person who has

8 been issued a currently valid license under the Firearm

9 Concealed Carry Act.

10 A "stun gun or taser", as used in this paragraph (a)

11 means (i) any device which is powered by electrical

12 charging units, such as, batteries, and which fires one or

13 several barbs attached to a length of wire and which, upon

14 hitting a human, can send out a current capable of

15 disrupting the person's nervous system in such a manner as

16 to render him incapable of normal functioning or (ii) any

17 device which is powered by electrical charging units, such

18 as batteries, and which, upon contact with a human or

19 clothing worn by a human, can send out current capable of

20 disrupting the person's nervous system in such a manner as

21 to render him incapable of normal functioning; or

22 (11) Sells, manufactures or purchases any explosive

23 bullet. For purposes of this paragraph (a) "explosive

24 bullet" means the projectile portion of an ammunition

25 cartridge which contains or carries an explosive charge

26 which will explode upon contact with the flesh of a human

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1 or an animal. "Cartridge" means a tubular metal case having

2 a projectile affixed at the front thereof and a cap or

3 primer at the rear end thereof, with the propellant

4 contained in such tube between the projectile and the cap;

5 or

6 (12) (Blank); or

7 (13) Carries or possesses on or about his or her person

8 while in a building occupied by a unit of government, a

9 billy club, other weapon of like character, or other

10 instrument of like character intended for use as a weapon.

11 For the purposes of this Section, "billy club" means a

12 short stick or club commonly carried by police officers

13 which is either telescopic or constructed of a solid piece

14 of wood or other man-made material.

15 (b) Sentence. A person convicted of a violation of

16 subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),

17 subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a

18 Class A misdemeanor. A person convicted of a violation of

19 subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a

20 person convicted of a violation of subsection 24-1(a)(6) or

21 24-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person

22 convicted of a violation of subsection 24-1(a)(7)(i) commits a

23 Class 2 felony and shall be sentenced to a term of imprisonment

24 of not less than 3 years and not more than 7 years, unless the

25 weapon is possessed in the passenger compartment of a motor

26 vehicle as defined in Section 1-146 of the Illinois Vehicle

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1 Code, or on the person, while the weapon is loaded, in which

2 case it shall be a Class X felony. A person convicted of a

3 second or subsequent violation of subsection 24-1(a)(4),

4 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3

5 felony. The possession of each weapon in violation of this

6 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) in any school, regardless of the time of day or

10 the time of year, in residential property owned, operated

11 or managed by a public housing agency or leased by a public

12 housing agency as part of a scattered site or mixed-income

13 development, in a public park, in a courthouse, on the real

14 property comprising any school, regardless of the time of

15 day or the time of year, on residential property owned,

16 operated or managed by a public housing agency or leased by

17 a public housing agency as part of a scattered site or

18 mixed-income development, on the real property comprising

19 any public park, on the real property comprising any

20 courthouse, in any conveyance owned, leased or contracted

21 by a school to transport students to or from school or a

22 school related activity, in any conveyance owned, leased,

23 or contracted by a public transportation agency, or on any

24 public way within 1,000 feet of the real property

25 comprising any school, public park, courthouse, public

26 transportation facility, or residential property owned,

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1 operated, or managed by a public housing agency or leased

2 by a public housing agency as part of a scattered site or

3 mixed-income development commits a Class 2 felony and shall

4 be sentenced to a term of imprisonment of not less than 3

5 years and not more than 7 years.

6 (1.5) A person who violates subsection 24-1(a)(4),

7 24-1(a)(9), or 24-1(a)(10) in any school, regardless of the

8 time of day or the time of year, in residential property

9 owned, operated, or managed by a public housing agency or

10 leased by a public housing agency as part of a scattered

11 site or mixed-income development, in a public park, in a

12 courthouse, on the real property comprising any school,

13 regardless of the time of day or the time of year, on

14 residential property owned, operated, or managed by a

15 public housing agency or leased by a public housing agency

16 as part of a scattered site or mixed-income development, on

17 the real property comprising any public park, on the real

18 property comprising any courthouse, in any conveyance

19 owned, leased, or contracted by a school to transport

20 students to or from school or a school related activity, in

21 any conveyance owned, leased, or contracted by a public

22 transportation agency, or on any public way within 1,000

23 feet of the real property comprising any school, public

24 park, courthouse, public transportation facility, or

25 residential property owned, operated, or managed by a

26 public housing agency or leased by a public housing agency

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1 as part of a scattered site or mixed-income development

2 commits a Class 3 felony.

3 (2) A person who violates subsection 24-1(a)(1),

4 24-1(a)(2), or 24-1(a)(3) 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 public

12 housing agency or leased by a public housing agency as part

13 of a scattered site or mixed-income development, on the

14 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 4 felony. "Courthouse" means any building

26 that is used by the Circuit, Appellate, or Supreme Court of

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1 this State for the conduct of official business.

2 (3) Paragraphs (1), (1.5), and (2) of this subsection

3 (c) shall not apply to law enforcement officers or security

4 officers of such school, college, or university or to

5 students carrying or possessing firearms for use in

6 training courses, parades, hunting, target shooting on

7 school ranges, or otherwise with the consent of school

8 authorities and which firearms are transported unloaded

9 enclosed in a suitable case, box, or transportation

10 package.

11 (4) For the purposes of this subsection (c), "school"

12 means any public or private elementary or secondary school,

13 community college, college, or university.

14 (5) For the purposes of this subsection (c), "public

15 transportation agency" means a public or private agency

16 that provides for the transportation or conveyance of

17 persons by means available to the general public, except

18 for transportation by automobiles not used for conveyance

19 of the general public as passengers; and "public

20 transportation facility" means a terminal or other place

21 where one may obtain public transportation.

22 (d) The presence in an automobile other than a public

23 omnibus of any weapon, instrument or substance referred to in

24 subsection (a)(7) is prima facie evidence that it is in the

25 possession of, and is being carried by, all persons occupying

26 such automobile at the time such weapon, instrument or

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1 substance is found, except under the following circumstances:

2 (i) if such weapon, instrument or instrumentality is found upon

3 the person of one of the occupants therein; or (ii) if such

4 weapon, instrument or substance is found in an automobile

5 operated for hire by a duly licensed driver in the due, lawful

6 and proper pursuit of his trade, then such presumption shall

7 not apply to the driver.

8 (e) Exemptions. Crossbows, Common or Compound bows and

9 Underwater Spearguns are exempted from the definition of

10 ballistic knife as defined in paragraph (1) of subsection (a)

11 of this Section.

12 (Source: P.A. 99-29, eff. 7-10-15.)

13 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)

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

15 (A) A person commits the offense of unlawful sale or

16 delivery of firearms when he or she knowingly does any of the

17 following:

18 (a) Sells or gives any firearm of a size which may be

19 concealed upon the person to any person under 18 years of

20 age.

21 (b) Sells or gives any firearm to a person under 21

22 years of age who has been convicted of a misdemeanor other

23 than a traffic offense or adjudged delinquent.

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

25 (d) Sells or gives any firearm to any person who has

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1 been convicted of a felony under the laws of this or any

2 other jurisdiction.

3 (e) Sells or gives any firearm to any person who has

4 been a patient in a mental institution within the past 5

5 years. In this subsection (e):

6 "Mental institution" means any hospital,

7 institution, clinic, evaluation facility, mental

8 health center, or part thereof, which is used primarily

9 for the care or treatment of persons with mental

10 illness.

11 "Patient in a mental institution" means the person

12 was admitted, either voluntarily or involuntarily, to

13 a mental institution for mental health treatment,

14 unless the treatment was voluntary and solely for an

15 alcohol abuse disorder and no other secondary

16 substance abuse disorder or mental illness.

17 (f) Sells or gives any firearms to any person who is a

18 person with an intellectual disability.

19 (g) Delivers any firearm of a size which may be

20 concealed upon the person, incidental to a sale, without

21 withholding delivery of such firearm for at least 72 hours

22 after application for its purchase has been made, or

23 delivers any rifle, shotgun or other long gun, or a stun

24 gun or taser, incidental to a sale, without withholding

25 delivery of such rifle, shotgun or other long gun, or a

26 stun gun or taser for at least 24 hours after application

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1 for its purchase has been made. However, this paragraph (g)

2 does not apply to: (1) the sale of a firearm to a law

3 enforcement officer if the seller of the firearm knows that

4 the person to whom he or she is selling the firearm is a

5 law enforcement officer or the sale of a firearm to a

6 person who desires to purchase a firearm for use in

7 promoting the public interest incident to his or her

8 employment as a bank guard, armed truck guard, or other

9 similar employment; (2) a mail order sale of a firearm from

10 a federally licensed firearms dealer to a nonresident of

11 Illinois under which the firearm is mailed to a federally

12 licensed firearms dealer outside the boundaries of

13 Illinois; (3) the sale of a firearm to a nonresident of

14 Illinois while at a firearm showing or display recognized

15 by the Illinois Department of State Police; (4) the sale of

16 a firearm to a dealer licensed as a federal firearms dealer

17 under Section 923 of the federal Gun Control Act of 1968

18 (18 U.S.C. 923); or (5) the transfer or sale of any rifle,

19 shotgun, or other long gun to a resident registered

20 competitor or attendee or non-resident registered

21 competitor or attendee by any dealer licensed as a federal

22 firearms dealer under Section 923 of the federal Gun

23 Control Act of 1968 at competitive shooting events held at

24 the World Shooting Complex sanctioned by a national

25 governing body. For purposes of transfers or sales under

26 subparagraph (5) of this paragraph (g), the Department of

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1 Natural Resources shall give notice to the Department of

2 State Police at least 30 calendar days prior to any

3 competitive shooting events at the World Shooting Complex

4 sanctioned by a national governing body. The notification

5 shall be made on a form prescribed by the Department of

6 State Police. The sanctioning body shall provide a list of

7 all registered competitors and attendees at least 24 hours

8 before the events to the Department of State Police. Any

9 changes to the list of registered competitors and attendees

10 shall be forwarded to the Department of State Police as

11 soon as practicable. The Department of State Police must

12 destroy the list of registered competitors and attendees no

13 later than 30 days after the date of the event. Nothing in

14 this paragraph (g) relieves a federally licensed firearm

15 dealer from the requirements of conducting a NICS

16 background check through the Illinois Point of Contact

17 under 18 U.S.C. 922(t). For purposes of this paragraph (g),

18 "application" means when the buyer and seller reach an

19 agreement to purchase a firearm. For purposes of this

20 paragraph (g), "national governing body" means a group of

21 persons who adopt rules and formulate policy on behalf of a

22 national firearm sporting organization.

23 (h) While holding any license as a dealer, importer,

24 manufacturer or pawnbroker under the federal Gun Control

25 Act of 1968, manufactures, sells or delivers to any

26 unlicensed person a handgun having a barrel, slide, frame

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1 or receiver which is a die casting of zinc alloy or any

2 other nonhomogeneous metal which will melt or deform at a

3 temperature of less than 800 degrees Fahrenheit. For

4 purposes of this paragraph, (1) "firearm" is defined as in

5 the Firearm Owners Identification Card Act; and (2)

6 "handgun" is defined as a firearm designed to be held and

7 fired by the use of a single hand, and includes a

8 combination of parts from which such a firearm can be

9 assembled.

10 (i) Sells or gives a firearm of any size to any person

11 under 18 years of age who does not possess a valid Firearm

12 Owner's Identification Card.

13 (j) Sells or gives a firearm while engaged in the

14 business of selling firearms at wholesale or retail without

15 being licensed as a federal firearms dealer under Section

16 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).

17 In this paragraph (j):

18 A person "engaged in the business" means a person who

19 devotes time, attention, and labor to engaging in the

20 activity as a regular course of trade or business with the

21 principal objective of livelihood and profit, but does not

22 include a person who makes occasional repairs of firearms

23 or who occasionally fits special barrels, stocks, or

24 trigger mechanisms to firearms.

25 "With the principal objective of livelihood and

26 profit" means that the intent underlying the sale or

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1 disposition of firearms is predominantly one of obtaining

2 livelihood and pecuniary gain, as opposed to other intents,

3 such as improving or liquidating a personal firearms

4 collection; however, proof of profit shall not be required

5 as to a person who engages in the regular and repetitive

6 purchase and disposition of firearms for criminal purposes

7 or terrorism.

8 (k) Sells or transfers ownership of a firearm to a

9 person who does not display to the seller or transferor of

10 the firearm either: (1) a currently valid Firearm Owner's

11 Identification Card that has previously been issued in the

12 transferee's name by the Department of State Police under

13 the provisions of the Firearm Owners Identification Card

14 Act; or (2) a currently valid license to carry a concealed

15 firearm that has previously been issued in the transferee's

16 name by the Department of State Police under the Firearm

17 Concealed Carry Act. This paragraph (k) does not apply to

18 the transfer of a firearm to a person who is exempt from

19 the requirement of possessing a Firearm Owner's

20 Identification Card under Section 2 of the Firearm Owners

21 Identification Card Act. For the purposes of this Section,

22 a currently valid Firearm Owner's Identification Card

23 means (i) a Firearm Owner's Identification Card that has

24 not expired or (ii) an approval number issued in accordance

25 with subsection (a-10) of subsection 3 or Section 3.1 of

26 the Firearm Owners Identification Card Act shall be proof

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1 that the Firearm Owner's Identification Card was valid.

2 (1) In addition to the other requirements of this

3 paragraph (k), all persons who are not federally

4 licensed firearms dealers must also have complied with

5 subsection (a-10) of Section 3 of the Firearm Owners

6 Identification Card Act by determining the validity of

7 a purchaser's Firearm Owner's Identification Card.

8 (2) All sellers or transferors who have complied

9 with the requirements of subparagraph (1) of this

10 paragraph (k) shall not be liable for damages in any

11 civil action arising from the use or misuse by the

12 transferee of the firearm transferred, except for

13 willful or wanton misconduct on the part of the seller

14 or transferor.

15 (l) Not being entitled to the possession of a firearm,

16 delivers the firearm, knowing it to have been stolen or

17 converted. It may be inferred that a person who possesses a

18 firearm with knowledge that its serial number has been

19 removed or altered has knowledge that the firearm is stolen

20 or converted.

21 (m) Transfers or gives a suppressor or silencer to a

22 person not authorized to possess the suppressor or silencer

23 under federal law.

24 (B) Paragraph (h) of subsection (A) does not include

25 firearms sold within 6 months after enactment of Public Act

26 78-355 (approved August 21, 1973, effective October 1, 1973),

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1 nor is any firearm legally owned or possessed by any citizen or

2 purchased by any citizen within 6 months after the enactment of

3 Public Act 78-355 subject to confiscation or seizure under the

4 provisions of that Public Act. Nothing in Public Act 78-355

5 shall be construed to prohibit the gift or trade of any firearm

6 if that firearm was legally held or acquired within 6 months

7 after the enactment of that Public Act.

8 (C) Sentence.

9 (1) Any person convicted of unlawful sale or delivery

10 of firearms in violation of paragraph (c), (e), (f), (g),

11 or (h) of subsection (A) commits a Class 4 felony.

12 (2) Any person convicted of unlawful sale or delivery

13 of firearms in violation of paragraph (b)~~or~~ (i), or (m) of

14 subsection (A) commits a Class 3 felony.

15 (3) Any person convicted of unlawful sale or delivery

16 of firearms in violation of paragraph (a) of subsection (A)

17 commits a Class 2 felony.

18 (4) Any person convicted of unlawful sale or delivery

19 of firearms in violation of paragraph (a), (b), or (i) of

20 subsection (A) in any school, on the real property

21 comprising a school, within 1,000 feet of the real property

22 comprising a school, at a school related activity, or on or

23 within 1,000 feet of any conveyance owned, leased, or

24 contracted by a school or school district to transport

25 students to or from school or a school related activity,

26 regardless of the time of day or time of year at which the

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1 offense was committed, commits a Class 1 felony. Any person

2 convicted of a second or subsequent violation of unlawful

3 sale or delivery of firearms in violation of paragraph (a),

4 (b), or (i) of subsection (A) in any school, on the real

5 property comprising a school, within 1,000 feet of the real

6 property comprising a school, at a school related activity,

7 or on or within 1,000 feet of any conveyance owned, leased,

8 or contracted by a school or school district to transport

9 students to or from school or a school related activity,

10 regardless of the time of day or time of year at which the

11 offense was committed, commits a Class 1 felony for which

12 the sentence shall be a term of imprisonment of no less

13 than 5 years and no more than 15 years.

14 (5) Any person convicted of unlawful sale or delivery

15 of firearms in violation of paragraph (a) or (i) of

16 subsection (A) in residential property owned, operated, or

17 managed by a public housing agency or leased by a public

18 housing agency as part of a scattered site or mixed-income

19 development, in a public park, in a courthouse, on

20 residential property owned, operated, or managed by a

21 public housing agency or leased by a public housing agency

22 as part of a scattered site or mixed-income development, on

23 the real property comprising any public park, on the real

24 property comprising any courthouse, or on any public way

25 within 1,000 feet of the real property comprising any

26 public park, courthouse, or residential property owned,

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1 operated, or managed by a public housing agency or leased

2 by a public housing agency as part of a scattered site or

3 mixed-income development commits a Class 2 felony.

4 (6) Any person convicted of unlawful sale or delivery

5 of firearms in violation of paragraph (j) of subsection (A)

6 commits a Class A misdemeanor. A second or subsequent

7 violation is a Class 4 felony.

8 (7) Any person convicted of unlawful sale or delivery

9 of firearms in violation of paragraph (k) of subsection (A)

10 commits a Class 4 felony, except that a violation of

11 subparagraph (1) of paragraph (k) of subsection (A) shall

12 not be punishable as a crime or petty offense. A third or

13 subsequent conviction for a violation of paragraph (k) of

14 subsection (A) is a Class 1 felony.

15 (8) A person 18 years of age or older convicted of

16 unlawful sale or delivery of firearms in violation of

17 paragraph (a) or (i) of subsection (A), when the firearm

18 that was sold or given to another person under 18 years of

19 age was used in the commission of or attempt to commit a

20 forcible felony, shall be fined or imprisoned, or both, not

21 to exceed the maximum provided for the most serious

22 forcible felony so committed or attempted by the person

23 under 18 years of age who was sold or given the firearm.

24 (9) Any person convicted of unlawful sale or delivery

25 of firearms in violation of paragraph (d) of subsection (A)

26 commits a Class 3 felony.

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1 (10) Any person convicted of unlawful sale or delivery

2 of firearms in violation of paragraph (l) of subsection (A)

3 commits a Class 2 felony if the delivery is of one firearm.

4 Any person convicted of unlawful sale or delivery of

5 firearms in violation of paragraph (l) of subsection (A)

6 commits a Class 1 felony if the delivery is of not less

7 than 2 and not more than 5 firearms at the same time or

8 within a one year period. Any person convicted of unlawful

9 sale or delivery of firearms in violation of paragraph (l)

10 of subsection (A) commits a Class X felony for which he or

11 she shall be sentenced to a term of imprisonment of not

12 less than 6 years and not more than 30 years if the

13 delivery is of not less than 6 and not more than 10

14 firearms at the same time or within a 2 year period. Any

15 person convicted of unlawful sale or delivery of firearms

16 in violation of paragraph (l) of subsection (A) commits a

17 Class X felony for which he or she shall be sentenced to a

18 term of imprisonment of not less than 6 years and not more

19 than 40 years if the delivery is of not less than 11 and

20 not more than 20 firearms at the same time or within a 3

21 year period. Any person convicted of unlawful sale or

22 delivery of firearms in violation of paragraph (l) of

23 subsection (A) commits a Class X felony for which he or she

24 shall be sentenced to a term of imprisonment of not less

25 than 6 years and not more than 50 years if the delivery is

26 of not less than 21 and not more than 30 firearms at the

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1 same time or within a 4 year period. Any person convicted

2 of unlawful sale or delivery of firearms in violation of

3 paragraph (l) of subsection (A) commits a Class X felony

4 for which he or she shall be sentenced to a term of

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

6 years if the delivery is of 31 or more firearms at the same

7 time or within a 5 year period.

8 (D) For purposes of this Section:

9 "School" means a public or private elementary or secondary

10 school, community college, college, or university.

11 "School related activity" means any sporting, social,

12 academic, or other activity for which students' attendance or

13 participation is sponsored, organized, or funded in whole or in

14 part by a school or school district.

15 (E) A prosecution for a violation of paragraph (k) of

16 subsection (A) of this Section may be commenced within 6 years

17 after the commission of the offense. A prosecution for a

18 violation of this Section other than paragraph (g) of

19 subsection (A) of this Section may be commenced within 5 years

20 after the commission of the offense defined in the particular

21 paragraph.

22 (Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15;

23 99-143, eff. 7-27-15; 99-642, eff. 7-28-16.)

24 Section 99. Effective date. This Act takes effect upon

25 becoming law.