100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4117
 
Introduced , by Rep. Martin J. Moylan
 
SYNOPSIS AS INTRODUCED:



See Index

 Amends the Firearm Owners Identification Card Act. Provides that no person may acquire or possess any pre-packaged explosive components within this State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Department of State Police. Amends the Criminal Code of 2012. Prohibits the knowing sale, manufacture, purchase, possession, or carrying of a trigger modification device. Defines "trigger modification device". Creates the offense of unlawful sale or delivery of pre-packaged explosive components. Defines "pre-packaged explosive components". Establishes penalties for these offenses. Effective immediately.



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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 


HB4117LRB100 15164 RLC 30030 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 Firearm Owners Identification Card Act is 
5amended by changing Sections 1, 1.1, 2, and 3 as follows:




6 (430 ILCS 65/1) (from Ch. 38, par. 83-1)



7 Sec. 1. It is hereby declared as a matter of legislative 
8determination that
in order to promote and protect the health, 
9safety, and welfare of the
public, it is necessary and in the 
10public interest to provide a system of
identifying persons who 
11are not qualified to acquire or possess firearms, pre-packaged 
12explosive components, firearm ammunition, stun guns, and 
13tasers within the State of Illinois by the establishment of
a 
14system of Firearm Owner's Identification Cards, thereby 
15establishing a
practical and workable system by which law 
16enforcement authorities will be
afforded an opportunity to 
17identify those persons who are prohibited by
Section 24-3.1 of 
18the Criminal Code of 2012, from
acquiring or possessing 
19firearms and firearm ammunition and who are prohibited by this 
20Act from acquiring stun guns and tasers.

21(Source: P.A. 97-1150, eff. 1-25-13.)




22 (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)


 
 
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1 Sec. 1.1. For purposes of this Act: 

2 "Addicted to narcotics" means a person who has been: 
3  (1) convicted of an offense involving the use or 
4 possession of cannabis, a controlled substance, or 
5 methamphetamine within the past year; or 
6  (2) determined by the Department of State Police to be 
7 addicted to narcotics based upon federal law or federal 
8 guidelines. 
9 "Addicted to narcotics" does not include possession or use 
10of a prescribed controlled substance under the direction and 
11authority of a physician or other person authorized to 
12prescribe the controlled substance when the controlled 
13substance is used in the prescribed manner.
14 "Adjudicated as a person with a mental disability" means 
15the person is the subject of a determination by a court, board, 
16commission or other lawful authority that the person, as a 
17result of marked subnormal intelligence, or mental illness, 
18mental impairment, incompetency, condition, or disease:
19  (1) presents a clear and present danger to himself, 
20 herself, or to others;
21  (2) lacks the mental capacity to manage his or her own 
22 affairs or is adjudicated a person with a disability as 
23 defined in Section 11a-2 of the Probate Act of 1975;
24  (3) is not guilty in a criminal case by reason of 
25 insanity, mental disease or defect;
26  (3.5) is guilty but mentally ill, as provided in 
 
 
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1 Section 5-2-6 of the Unified Code of Corrections; 
2  (4) is incompetent to stand trial in a criminal case; 
3  (5) is not guilty by reason of lack of mental 
4 responsibility under Articles 50a and 72b of the Uniform 
5 Code of Military Justice, 10 U.S.C. 850a, 876b;

6  (6) is a sexually violent person under subsection (f) 
7 of Section 5 of the Sexually Violent Persons Commitment 
8 Act; 
9  (7) is a sexually dangerous person under the Sexually 
10 Dangerous Persons Act; 
11  (8) is unfit to stand trial under the Juvenile Court 
12 Act of 1987; 
13  (9) is not guilty by reason of insanity under the 
14 Juvenile Court Act of 1987; 
15  (10) is subject to involuntary admission as an 
16 inpatient as defined in Section 1-119 of the Mental Health 
17 and Developmental Disabilities Code; 
18  (11) is subject to involuntary admission as an 
19 outpatient as defined in Section 1-119.1 of the Mental 
20 Health and Developmental Disabilities Code; 
21  (12) is subject to judicial admission as set forth in 
22 Section 4-500 of the Mental Health and Developmental 
23 Disabilities Code; or 
24  (13) is subject to the provisions of the Interstate 
25 Agreements on Sexually Dangerous Persons Act. 
26 "Clear and present danger" means a person who:
 
 
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1  (1) communicates a serious threat of physical violence 
2 against a reasonably identifiable victim or poses a clear 
3 and imminent risk of serious physical injury to himself, 
4 herself, or another person as determined by a physician, 
5 clinical psychologist, or qualified examiner; or
6  (2) demonstrates threatening physical or verbal 
7 behavior, such as violent, suicidal, or assaultive 
8 threats, actions, or other behavior, as determined by a 
9 physician, clinical psychologist, qualified examiner, 
10 school administrator, or law enforcement official.
11 "Clinical psychologist" has the meaning provided in 
12Section 1-103 of the Mental Health and Developmental 
13Disabilities Code.
14 "Controlled substance" means a controlled substance or 
15controlled substance analog as defined in the Illinois 
16Controlled Substances Act. 
17 "Counterfeit" means to copy or imitate, without legal 
18authority, with
intent
to deceive.
19 "Federally licensed firearm dealer" means a person who is 
20licensed as a federal firearms dealer under Section 923 of the 
21federal Gun Control Act of 1968 (18 U.S.C. 923).


22 "Firearm" means any device, by
whatever name known, which 
23is designed to expel a projectile or projectiles
by the action 
24of an explosion, expansion of gas or escape of gas; excluding,

25however:

26  (1) any pneumatic gun, spring gun, paint ball gun, or 
 
 
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1 B-B gun which
expels a single globular projectile not 
2 exceeding .18 inch in
diameter or which has a maximum 
3 muzzle velocity of less than 700 feet
per second;

4  (1.1) any pneumatic gun, spring gun, paint ball gun, or 
5 B-B gun which expels breakable paint balls containing 
6 washable marking colors; 
7  (2) any device used exclusively for signalling or 
8 safety and required or
recommended by the United States 
9 Coast Guard or the Interstate Commerce
Commission;

10  (3) any device used exclusively for the firing of stud 
11 cartridges,
explosive rivets or similar industrial 
12 ammunition; and

13  (4) an antique firearm (other than a machine-gun) 
14 which, although
designed as a weapon, the Department of 
15 State Police finds by reason of
the date of its 
16 manufacture, value, design, and other characteristics is

17 primarily a collector's item and is not likely to be used 
18 as a weapon.

19 "Firearm ammunition" means any self-contained cartridge or 
20shotgun
shell, by whatever name known, which is designed to be 
21used or adaptable to
use in a firearm; excluding, however:

22  (1) any ammunition exclusively designed for use with a 
23 device used
exclusively for signalling or safety and 
24 required or recommended by the
United States Coast Guard or 
25 the Interstate Commerce Commission; and

26  (2) any ammunition designed exclusively for use with a 
 
 
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1 stud or rivet
driver or other similar industrial 
2 ammunition.
3 "Gun show" means an event or function:
4  (1) at which the sale and transfer of firearms is the 
5 regular and normal course of business and where 50 or more 
6 firearms are displayed, offered, or exhibited for sale, 
7 transfer, or exchange; or
8  (2) at which not less than 10 gun show vendors display, 
9 offer, or exhibit for sale, sell, transfer, or exchange 
10 firearms.

11 "Gun show" includes the entire premises provided for an 
12event or function, including parking areas for the event or 
13function, that is sponsored to facilitate the purchase, sale, 
14transfer, or exchange of firearms as described in this Section.

15Nothing in this definition shall be construed to exclude a gun 
16show held in conjunction with competitive shooting events at 
17the World Shooting Complex sanctioned by a national governing 
18body in which the sale or transfer of firearms is authorized 
19under subparagraph (5) of paragraph (g) of subsection (A) of 
20Section 24-3 of the Criminal Code of 2012. 
21 Unless otherwise expressly stated, "gun show" does not 
22include training or safety classes, competitive shooting 
23events, such as rifle, shotgun, or handgun matches, trap, 
24skeet, or sporting clays shoots, dinners, banquets, raffles, or

25any other event where the sale or transfer of firearms is not 
26the primary course of business.
 
 
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1 "Gun show promoter" means a person who organizes or 
2operates a gun show.
3 "Gun show vendor" means a person who exhibits, sells, 
4offers for sale, transfers, or exchanges any firearms at a gun 
5show, regardless of whether the person arranges with a gun show 
6promoter for a fixed location from which to exhibit, sell, 
7offer for sale, transfer, or exchange any firearm.
8 "Involuntarily admitted" has the meaning as prescribed in 
9Sections 1-119 and 1-119.1 of the Mental Health and 
10Developmental Disabilities Code. 
11 "Mental health facility" means any licensed private 
12hospital or hospital affiliate, institution, or facility, or 
13part thereof, and any facility, or part thereof, operated by 
14the State or a political subdivision thereof which provide 
15treatment of persons with mental illness and includes all 
16hospitals, institutions, clinics, evaluation facilities, 
17mental health centers, colleges, universities, long-term care 
18facilities, and nursing homes, or parts thereof, which provide 
19treatment of persons with mental illness whether or not the 
20primary purpose is to provide treatment of persons with mental 
21illness. 
22 "National governing body" means a group of persons who 
23adopt rules and formulate policy on behalf of a national 
24firearm sporting organization. 
25 "Patient" means: 
26  (1) a person who voluntarily receives mental health 
 
 
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1 treatment as an in-patient or resident of any public or 
2 private mental health facility, unless the treatment was 
3 solely for an alcohol abuse disorder and no other secondary 
4 substance abuse disorder or mental illness; or 
5  (2) a person who voluntarily receives mental health 
6 treatment as an out-patient or is provided services by a 
7 public or private mental health facility, and who poses a 
8 clear and present danger to himself, herself, or to others. 
9 "Person with a developmental disability" means a person 
10with a disability which is attributable to any other condition 
11which results in impairment similar to that caused by an 
12intellectual disability and which requires services similar to 
13those required by persons with intellectual disabilities. The 
14disability must originate before the age of 18
years, be 
15expected to continue indefinitely, and constitute a 
16substantial disability. This disability results, in the 
17professional opinion of a physician, clinical psychologist, or 
18qualified examiner, in significant functional limitations in 3 
19or more of the following areas of major life activity:
20  (i) self-care;
21  (ii) receptive and expressive language;
22  (iii) learning;
23  (iv) mobility; or
24  (v) self-direction. 
25 "Person with an intellectual disability" means a person 
26with a significantly subaverage general intellectual 
 
 
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1functioning which exists concurrently with impairment in 
2adaptive behavior and which originates before the age of 18 
3years. 
4 "Physician" has the meaning as defined in Section 1-120 of 
5the Mental Health and Developmental Disabilities Code.
6 "Pre-packaged explosive components" has the same meaning 
7ascribed to the term in Section 24-4.3 of the Criminal Code of 
82012.
9 "Qualified examiner" has the meaning provided in Section 
101-122 of the Mental Health and Developmental Disabilities Code.
11 "Sanctioned competitive shooting event" means a shooting 
12contest officially recognized by a national or state shooting 
13sport association, and includes any sight-in or practice 
14conducted in conjunction with the event.


15 "School administrator" means the person required to report 
16under the School Administrator Reporting of Mental Health Clear 
17and Present Danger Determinations Law.
18 "Stun gun or taser" has the meaning ascribed to it in 
19Section 24-1 of the Criminal Code of 2012.
20(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143, 
21eff. 7-27-15; 99-642, eff. 7-28-16.)




22 (430 ILCS 65/2) (from Ch. 38, par. 83-2)


23 Sec. 2. Firearm Owner's Identification Card required; 
24exceptions. 

25 (a) (1) No person may acquire or possess any firearm, 
 
 
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1pre-packaged explosive components, stun gun, or taser within 
2this State
without having in his or her possession a Firearm 
3Owner's Identification Card
previously issued in his or her 
4name by the Department of State Police under
the provisions of 
5this Act. 

6 (2) No person may acquire or possess firearm ammunition 
7within this
State without having in his or her possession a 
8Firearm Owner's Identification
Card previously issued in his or 
9her name by the Department of State Police
under the provisions 
10of this Act.

11 (b) The provisions of this Section regarding the possession 
12of firearms, firearm ammunition, stun guns, and tasers do not 
13apply to:

14  (1) United States Marshals, while engaged in the 
15 operation of their
official duties;

16  (2) Members of the Armed Forces of the United States or 
17 the National
Guard, while engaged in the operation of their 
18 official duties;

19  (3) Federal officials required to carry firearms, 
20 while engaged in the
operation of their official duties;

21  (4) Members of bona fide veterans organizations which 
22 receive firearms
directly from the armed forces of the 
23 United States, while using the
firearms for ceremonial 
24 purposes with blank ammunition;

25  (5) Nonresident hunters during hunting season, with 
26 valid nonresident
hunting licenses and while in an area 
 
 
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1 where hunting is permitted; however,
at all other times and 
2 in all other places these persons must have their
firearms 
3 unloaded and enclosed in a case;

4  (6) Those hunters exempt from obtaining a hunting 
5 license who are
required to submit their Firearm Owner's 
6 Identification Card when hunting
on Department of Natural 
7 Resources owned or managed sites;

8  (7) Nonresidents while on a firing or shooting range 
9 recognized by the
Department of State Police; however, 
10 these persons must at all other times
and in all other 
11 places have their firearms unloaded and enclosed in a case;


12  (8) Nonresidents while at a firearm showing or display 
13 recognized by
the Department of State Police; however, at 
14 all other times and in all
other places these persons must 
15 have their firearms unloaded and enclosed
in a case;

16  (9) Nonresidents whose firearms are unloaded and 
17 enclosed in a case;

18  (10) Nonresidents who are currently licensed or 
19 registered to possess a
firearm in their resident state;

20  (11) Unemancipated minors while in the custody and 
21 immediate control of
their parent or legal guardian or 
22 other person in loco parentis to the
minor if the parent or 
23 legal guardian or other person in loco parentis to
the 
24 minor has a currently valid Firearm Owner's Identification

25 Card;

26  (12) Color guards of bona fide veterans organizations 
 
 
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1 or members of bona
fide American Legion bands while using 
2 firearms for ceremonial purposes
with blank ammunition;

3  (13) Nonresident hunters whose state of residence does 
4 not require
them to be licensed or registered to possess a 
5 firearm and only during
hunting season, with valid hunting 
6 licenses, while accompanied by, and
using a firearm owned 
7 by, a person who possesses a valid Firearm Owner's

8 Identification Card and while in an area within a 
9 commercial club licensed
under the Wildlife Code where 
10 hunting is permitted and controlled, but in
no instance 
11 upon sites owned or managed by the Department of Natural

12 Resources;

13  (14) Resident hunters who are properly authorized to 
14 hunt and,
while accompanied by a person who possesses a 
15 valid Firearm Owner's
Identification Card, hunt in an area 
16 within a commercial club licensed
under the Wildlife Code 
17 where hunting is permitted and controlled;

18  (15) A person who is otherwise eligible to obtain a 
19 Firearm Owner's
Identification Card under this Act and is 
20 under the direct supervision of a
holder of a Firearm

21 Owner's Identification Card who is 21 years of age or older 
22 while the person is
on a firing or shooting range
or is a

23 participant in a firearms safety and training course 
24 recognized by a law
enforcement agency or a national, 
25 statewide shooting sports organization; and

26  (16) Competitive shooting athletes whose competition 
 
 
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1 firearms are sanctioned by the International Olympic 
2 Committee, the International Paralympic Committee, the 
3 International Shooting Sport Federation, or USA Shooting 
4 in connection with such athletes' training for and 
5 participation in shooting competitions at the 2016 Olympic 
6 and Paralympic Games and sanctioned test events leading up 
7 to the 2016 Olympic and Paralympic Games. 
8 (c) The provisions of this Section regarding the 
9acquisition and possession
of firearms, pre-packaged explosive 
10components, firearm ammunition, stun guns, and tasers do not 
11apply to law enforcement officials
of this or any other 
12jurisdiction, while engaged in the performance operation of 
13their
official duties.

14 (c-5) The provisions of paragraphs (1) and (2) of 
15subsection (a) of this Section regarding the possession of 
16firearms
and firearm ammunition do not apply to the holder of a 
17valid concealed carry
license issued under the Firearm 
18Concealed Carry Act who is in physical
possession of the 
19concealed carry license. 
20 (c-10) The provisions of paragraph (1) of subsection (a) of 
21this Section regarding the acquisition and possession of 
22pre-packaged explosive components do not apply to:
23   (1) Members of the Armed Services or Reserves 
24 Forces of the United States or the Illinois National Guard 
25 while in the performance of their official duty. 
26   (2) Persons licensed under State and federal law to 
 
 
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1 manufacture, import, or sell pre-packaged explosive 
2 components, and actually engaged in that business, but only 
3 with respect to activities which are within the lawful 
4 scope of the business, including the manufacture, 
5 transportation, or testing of pre-packaged explosive 
6 components. 
7   (3) Contractors or subcontractors engaged in the 
8 manufacture, transport, testing, delivery, transfer or 
9 sale, and lawful experimental activities under a contract 
10 or subcontract for the development and supply of the 
11 product to the United States government or any branch of 
12 the Armed Forces of the United States, when those 
13 activities are necessary and incident to fulfilling the 
14 terms of the contract. The exemption granted under this 
15 paragraph (3) shall also apply to any authorized agent of 
16 any contractor or subcontractor described in this 
17 paragraph (3) who is operating within the scope of his or 
18 her employment, when the activities involving the 
19 pre-packaged explosive components are necessary and 
20 incident to fulfilling the terms of the contract. 
21   (4) Sales clerks or retail merchants selling or 
22 transferring pre-packaged explosive components. 
23 (d) Any person who becomes a resident of this State, who is 
24not otherwise prohibited from obtaining, possessing, or using a 
25firearm or firearm ammunition, shall not be required to have a 
26Firearm Owner's Identification Card to possess firearms or 
 
 
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1firearms ammunition until 60 calendar days after he or she 
2obtains an Illinois driver's license or Illinois 
3Identification Card. 
4(Source: P.A. 99-29, eff. 7-10-15.)


5 (430 ILCS 65/3) (from Ch. 38, par. 83-3)
6 Sec. 3. (a) Except as provided in Section 3a, no person may 
7knowingly
transfer, or cause to be transferred, any firearm, 
8pre-packaged explosive components, firearm ammunition, stun 
9gun, or taser to any person within this State unless the

10transferee with whom he deals displays either: (1) a currently 
11valid Firearm Owner's
Identification Card which has previously 
12been issued in his or her name by the
Department of State 
13Police under the provisions of this Act; or (2) a currently 
14valid license to carry a concealed firearm which has previously 
15been issued in his or her name by the
Department of State 
16Police under the Firearm Concealed Carry Act. In addition,
all 
17firearm, stun gun, and taser transfers by federally licensed 
18firearm dealers are subject
to Section 3.1.
19 (a-5) Any person who is not a federally licensed firearm 
20dealer and who desires to transfer or sell a firearm while that 
21person is on the grounds of a gun show must, before selling or 
22transferring the firearm, request the Department of State 
23Police to conduct a background check on the prospective 
24recipient of the firearm in accordance with Section 3.1.

25 (a-10) Notwithstanding item (2) of subsection (a) of this 
 
 
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1Section, any person who is not a federally licensed firearm 
2dealer and who desires to transfer or sell a firearm or 
3firearms to any person who is not a federally licensed firearm 
4dealer shall, before selling or transferring the firearms, 
5contact the Department of State Police with the transferee's or 
6purchaser's Firearm Owner's Identification Card number to 
7determine the validity of the transferee's or purchaser's 
8Firearm Owner's Identification Card. This subsection shall not 
9be effective until January 1, 2014. The Department of State 
10Police may adopt rules concerning the implementation of this 
11subsection. The Department of State Police shall provide the 
12seller or transferor an approval number if the purchaser's 
13Firearm Owner's Identification Card is valid. Approvals issued 
14by the Department for the purchase of a firearm pursuant to 
15this subsection are valid for 30 days from the date of issue.
16 (a-15) The provisions of subsection (a-10) of this Section 
17do not apply to:
18  (1) transfers that occur at the place of business of a 
19 federally licensed firearm dealer, if the federally 
20 licensed firearm dealer conducts a background check on the 
21 prospective recipient of the firearm in accordance with 
22 Section 3.1 of this Act and follows all other applicable 
23 federal, State, and local laws as if he or she were the 
24 seller or transferor of the firearm, although the dealer is 
25 not required to accept the firearm into his or her 
26 inventory. The purchaser or transferee may be required by 
 
 
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1 the federally licensed firearm dealer to pay a fee not to 
2 exceed $10 per firearm, which the dealer may retain as 
3 compensation for performing the functions required under 
4 this paragraph, plus the applicable fees authorized by 
5 Section 3.1;
6  (2) transfers as a bona fide gift to the transferor's 
7 husband, wife, son, daughter, stepson, stepdaughter, 
8 father, mother, stepfather, stepmother, brother, sister, 
9 nephew, niece, uncle, aunt, grandfather, grandmother, 
10 grandson, granddaughter, father-in-law, mother-in-law, 
11 son-in-law, or daughter-in-law;
12  (3) transfers by persons acting pursuant to operation 
13 of law or a court order;
14  (4) transfers on the grounds of a gun show under 
15 subsection (a-5) of this Section;
16  (5) the delivery of a firearm by its owner to a 
17 gunsmith for service or repair, the return of the firearm 
18 to its owner by the gunsmith, or the delivery of a firearm 
19 by a gunsmith to a federally licensed firearms dealer for 
20 service or repair and the return of the firearm to the 
21 gunsmith;
22  (6) temporary transfers that occur while in the home of 
23 the unlicensed transferee, if the unlicensed transferee is 
24 not otherwise prohibited from possessing firearms and the 
25 unlicensed transferee reasonably believes that possession 
26 of the firearm is necessary to prevent imminent death or 
 
 
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1 great bodily harm to the unlicensed transferee;
2  (7) transfers to a law enforcement or corrections 
3 agency or a law enforcement or corrections officer acting 
4 within the course and scope of his or her official duties;
5  (8) transfers of firearms that have been rendered 
6 permanently inoperable to a nonprofit historical society, 
7 museum, or institutional collection; and
8  (9) transfers to a person who is exempt from the 
9 requirement of possessing a Firearm Owner's Identification 
10 Card under Section 2 of this Act.
11 (a-20) The Department of State Police shall develop an 
12Internet-based system for individuals to determine the 
13validity of a Firearm Owner's Identification Card prior to the 
14sale or transfer of a firearm. The Department shall have the 
15Internet-based system completed and available for use by July 
161, 2015. The Department shall adopt rules not inconsistent with 
17this Section to implement this system.
18 (b) Any person within this State who transfers or causes to 
19be
transferred any firearm, pre-packaged explosive components, 
20stun gun, or taser shall keep a record of the such transfer for 
21a period
of 10 years from the date of transfer. The Such record 
22shall contain the date
of the transfer; the description, serial 
23number or other information
identifying the firearm, 
24pre-packaged explosive components, stun gun, or taser if no 
25serial number is available; and, if the
transfer was completed 
26within this State, the transferee's Firearm Owner's

 
 
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1Identification Card number and any approval number or 
2documentation provided by the Department of State Police under 
3pursuant to subsection (a-10) of this Section. On or after 
4January 1, 2006, the record shall contain the date of 
5application for transfer of the firearm. On demand of a peace 
6officer the such transferor
shall produce for inspection the 
7such record of transfer. If the transfer or sale took place at 
8a gun show, the record shall include the unique identification 
9number. Failure to record the unique identification number or 
10approval number is a petty offense.

11 (b-5) Any resident may purchase ammunition from a person 
12within or outside of Illinois if shipment is by United States 
13mail or by a private express carrier authorized by federal law 
14to ship ammunition. Any resident purchasing ammunition within 
15or outside the State of Illinois must provide the seller with a 
16copy of his or her valid Firearm Owner's Identification Card or 
17valid concealed carry license and either his or her Illinois 
18driver's license or Illinois State Identification Card prior to 
19the shipment of the ammunition. The ammunition may be shipped 
20only to an address on either of those 2 documents.
21 (c) The provisions of this Section regarding the transfer 
22of firearm
ammunition shall not apply to those persons 
23specified in paragraph (b) of
Section 2 of this Act.
24(Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15.)

25 Section 10. The Criminal Code of 2012 is amended by 
 
 
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1changing Section 24-1 and by adding Section 24-4.3 as follows:




2 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)


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

4 (a) A person commits the offense of unlawful use of weapons 
5when
he knowingly:

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

11 blade that opens automatically by hand pressure applied to 
12 a button,
spring or other device in the handle of the 
13 knife, or a ballistic knife,
which is a device that propels 
14 a knifelike blade as a projectile by means
of a coil 
15 spring, elastic material or compressed gas; or

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

21  (3) Carries on or about his person or in any vehicle, a 
22 tear gas gun
projector or bomb or any object containing 
23 noxious liquid gas or
substance, other than an object 
24 containing a non-lethal noxious liquid gas
or substance 
25 designed solely for personal defense carried by a person 18

 
 
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1 years of age or older; or

2  (4) Carries or possesses in any vehicle or concealed on 
3 or about his
person except when on his land or in his own 
4 abode, legal dwelling, or fixed place of
business, or on 
5 the land or in the legal dwelling of another person as an 
6 invitee with that person's permission, any pistol, 
7 revolver, stun gun or taser or other firearm, except
that

8 this subsection (a) (4) does not apply to or affect 
9 transportation of weapons
that meet one of the following 
10 conditions:

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

12   (ii) are not immediately accessible; or

13   (iii) are unloaded and enclosed in a case, firearm 
14 carrying box,
shipping box, or other container by a 
15 person who has been issued a currently
valid Firearm 
16 Owner's
Identification Card; or
17   (iv) are carried or possessed in accordance with 
18 the Firearm Concealed Carry Act by a person who has 
19 been issued a currently valid license under the Firearm 
20 Concealed Carry Act; or 

21  (5) Sets a spring gun; or

22  (6) Possesses any device or attachment of any kind 
23 designed, used or
intended for use in silencing the report 
24 of any firearm; or

25  (7) Sells, manufactures, purchases, possesses or 
26 carries:

 
 
HB4117- 22 -LRB100 15164 RLC 30030 b


1   (i) a machine gun, which shall be defined for the 
2 purposes of this
subsection as any weapon,
which 
3 shoots, is designed to shoot, or can be readily 
4 restored to shoot,
automatically more than one shot 
5 without manually reloading by a single
function of the 
6 trigger, including the frame or receiver
of any such 
7 weapon, or sells, manufactures, purchases, possesses, 
8 or
carries any combination of parts designed or 
9 intended for
use in converting any weapon into a 
10 machine gun, or any combination or
parts from which a 
11 machine gun can be assembled if such parts are in the

12 possession or under the control of a person;

13   (i-5) a trigger modification device. For purposes 
14 of this clause (i-5), "trigger modification device" 
15 means any part, or combination of parts, designed or 
16 intended to accelerate the rate of fire of a firearm, 
17 but does not convert the firearm into a machine gun, 
18 including, but not limited to:
19    (A) any part, or combination of parts, 
20 designed or intended for use in modifying a firearm 
21 to use the recoil of the firearm to produce a rapid 
22 succession of trigger functions; or
23    (B) any part, or combination of parts, 
24 designed or intended for use in modifying a firearm 
25 to produce multiple trigger functions through the 
26 use of an external mechanism; 
 
 
HB4117- 23 -LRB100 15164 RLC 30030 b


1   (ii) any rifle having one or
more barrels less than 
2 16 inches in length or a shotgun having one or more

3 barrels less than 18 inches in length or any weapon 
4 made from a rifle or
shotgun, whether by alteration, 
5 modification, or otherwise, if such a weapon
as 
6 modified has an overall length of less than 26 inches; 
7 or

8   (iii) any
bomb, bomb-shell, grenade, bottle or 
9 other container containing an
explosive substance of 
10 over one-quarter ounce for like purposes, such
as, but 
11 not limited to, black powder bombs and Molotov 
12 cocktails or
artillery projectiles; or

13  (8) Carries or possesses any firearm, stun gun or taser 
14 or other
deadly weapon in any place which is licensed to 
15 sell intoxicating
beverages, or at any public gathering 
16 held pursuant to a license issued
by any governmental body 
17 or any public gathering at which an admission
is charged, 
18 excluding a place where a showing, demonstration or lecture

19 involving the exhibition of unloaded firearms is 
20 conducted.

21  This subsection (a)(8) does not apply to any auction or 
22 raffle of a firearm
held pursuant to
a license or permit 
23 issued by a governmental body, nor does it apply to persons

24 engaged
in firearm safety training courses; or

25  (9) Carries or possesses in a vehicle or on or about 
26 his person any
pistol, revolver, stun gun or taser or 
 
 
HB4117- 24 -LRB100 15164 RLC 30030 b


1 firearm or ballistic knife, when
he is hooded, robed or 
2 masked in such manner as to conceal his identity; or

3  (10) Carries or possesses on or about his person, upon 
4 any public street,
alley, or other public lands within the 
5 corporate limits of a city, village
or incorporated town, 
6 except when an invitee thereon or therein, for the
purpose 
7 of the display of such weapon or the lawful commerce in 
8 weapons, or
except when on his land or in his own abode, 
9 legal dwelling, or fixed place of business, or on the land 
10 or in the legal dwelling of another person as an invitee 
11 with that person's permission, any
pistol, revolver, stun 
12 gun or taser or other firearm, except that this
subsection 
13 (a) (10) does not apply to or affect transportation of 
14 weapons that
meet one of the 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 
 
 
HB4117- 25 -LRB100 15164 RLC 30030 b


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 
 
 
HB4117- 26 -LRB100 15164 RLC 30030 b


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

6subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a 
7Class A
misdemeanor.
A person convicted of a violation of 
8subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a 
9person
convicted of a violation of subsection 24-1(a)(6) or 
1024-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person 
11convicted of a violation of subsection
24-1(a)(7)(i) or 
1224-1(a)(7)(i-5) commits a Class 2 felony and shall be sentenced 
13to a term of imprisonment of not less than 3 years and not more 
14than 7 years, unless the weapon is possessed in the
passenger 
15compartment of a motor vehicle as defined in Section 1-146 of 
16the
Illinois Vehicle Code, or on the person, while the weapon 
17is loaded, in which
case it shall be a Class X felony. A person 
18convicted of a
second or subsequent violation of subsection 
1924-1(a)(4), 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a 
20Class 3 felony. The possession of each weapon in violation of 
21this Section constitutes a single and separate violation.

22 (c) Violations in specific places.

23  (1) A person who violates subsection 24-1(a)(6) or 
24 24-1(a)(7) in any
school, regardless of the time of day or 
25 the time of year, in residential
property owned, operated 
26 or managed by a public housing agency or
leased by
a public 
 
 
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1 housing agency as part of a scattered site or mixed-income

2 development, in a
public park, in a courthouse, on the real 
3 property comprising any school,
regardless of the
time of 
4 day or the time of year, on residential property owned, 
5 operated
or
managed by a public housing agency
or leased by 
6 a public housing agency as part of a scattered site or

7 mixed-income development,
on the real property comprising 
8 any
public park, on the real property comprising any 
9 courthouse, in any conveyance
owned, leased or contracted 
10 by a school to
transport students to or from school or a 
11 school related activity, in any conveyance
owned, leased, 
12 or contracted by a public transportation agency, or on any

13 public way within 1,000 feet of the real property 
14 comprising any school,
public park, courthouse, public 
15 transportation facility, or residential property owned, 
16 operated, or managed
by a public housing agency
or leased 
17 by a public housing agency as part of a scattered site or

18 mixed-income development
commits a Class 2 felony and shall 
19 be sentenced to a term of imprisonment of not less than 3 
20 years and not more than 7 years.

21  (1.5) A person who violates subsection 24-1(a)(4), 
22 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the 
23 time of day or the time of year,
in residential property 
24 owned, operated, or managed by a public
housing
agency
or 
25 leased by a public housing agency as part of a scattered 
26 site or
mixed-income development,
in
a public
park, in a 
 
 
HB4117- 28 -LRB100 15164 RLC 30030 b


1 courthouse, on the real property comprising any school, 
2 regardless
of the time of day or the time of year, on 
3 residential property owned,
operated, or managed by a 
4 public housing agency
or leased by a public housing agency 
5 as part of a scattered site or
mixed-income development,
on 
6 the real property
comprising any public park, on the real 
7 property comprising any courthouse, in
any conveyance 
8 owned, leased, or contracted by a school to transport 
9 students
to or from school or a school related activity, in 
10 any conveyance
owned, leased, or contracted by a public 
11 transportation agency, or on any public way within
1,000 
12 feet of the real property comprising any school, public 
13 park, courthouse,
public transportation facility, or 
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

17 commits a Class 3 felony.

18  (2) A person who violates subsection 24-1(a)(1), 
19 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the 
20 time of day or the time of year, in
residential property 
21 owned, operated or managed by a public housing
agency
or 
22 leased by a public housing agency as part of a scattered 
23 site or
mixed-income development,
in
a public park, in a 
24 courthouse, on the real property comprising any school,

25 regardless of the time of day or the time of year, on 
26 residential property
owned, operated or managed by a public 
 
 
HB4117- 29 -LRB100 15164 RLC 30030 b


1 housing agency
or leased by a public housing agency as part 
2 of a scattered site or
mixed-income development,
on the 
3 real property
comprising any public park, on the real 
4 property comprising any courthouse, in
any conveyance 
5 owned, leased or contracted by a school to transport 
6 students
to or from school or a school related activity, in 
7 any conveyance
owned, leased, or contracted by a public 
8 transportation agency, or on any public way within
1,000 
9 feet of the real property comprising any school, public 
10 park, courthouse,
public transportation facility, or 
11 residential property owned, operated, or managed by a 
12 public
housing agency or leased by a public housing agency 
13 as part of a scattered
site or mixed-income development 
14 commits a Class 4 felony. "Courthouse"
means any building 
15 that is used by the Circuit, Appellate, or Supreme Court of

16 this State for the conduct of official business.

17  (3) Paragraphs (1), (1.5), and (2) of this subsection 
18 (c) shall not
apply to law
enforcement officers or security 
19 officers of such school, college, or
university or to 
20 students carrying or possessing firearms for use in 
21 training
courses, parades, hunting, target shooting on 
22 school ranges, or otherwise with
the consent of school 
23 authorities and which firearms are transported unloaded

24 enclosed in a suitable case, box, or transportation 
25 package.

26  (4) For the purposes of this subsection (c), "school" 
 
 
HB4117- 30 -LRB100 15164 RLC 30030 b


1 means any public or
private elementary or secondary school, 
2 community college, college, or
university.

3  (5) For the purposes of this subsection (c), "public 
4 transportation agency" means a public or private agency 
5 that provides for the transportation or conveyance of

6 persons by means available to the general public, except 
7 for transportation
by automobiles not used for conveyance 
8 of the general public as passengers; and "public 
9 transportation facility" means a terminal or other place

10 where one may obtain public transportation.

11 (d) The presence in an automobile other than a public 
12omnibus of any
weapon, instrument or substance referred to in 
13subsection (a)(7) is
prima facie evidence that it is in the 
14possession of, and is being
carried by, all persons occupying 
15such automobile at the time such
weapon, instrument or 
16substance is found, except under the following
circumstances: 
17(i) if such weapon, instrument or instrumentality is
found upon 
18the person of one of the occupants therein; or (ii) if such

19weapon, instrument or substance is found in an automobile 
20operated for
hire by a duly licensed driver in the due, lawful 
21and proper pursuit of
his trade, then such presumption shall 
22not apply to the driver.

23 (e) Exemptions.
24  (1) Crossbows, Common or Compound bows and Underwater

25 Spearguns are exempted from the definition of ballistic 
26 knife as defined in
paragraph (1) of subsection (a) of this 
 
 
HB4117- 31 -LRB100 15164 RLC 30030 b


1 Section.
2  (2) The provision of paragraph (1) of subsection (a) of 
3 this Section prohibiting the sale, manufacture, purchase, 
4 possession, or carrying of any knife, commonly referred to 
5 as a switchblade knife, which has a
blade that opens 
6 automatically by hand pressure applied to a button,
spring 
7 or other device in the handle of the knife, does not apply 
8 to a person who possesses a currently valid Firearm Owner's 
9 Identification Card previously issued in his or her name by 
10 the Department of State Police or to a person or an entity 
11 engaged in the business of selling or manufacturing 
12 switchblade knives. 

13(Source: P.A. 99-29, eff. 7-10-15; 100-82, eff. 8-11-17.)


14 (720 ILCS 5/24-4.3 new)
15 Sec. 24-4.3. Unlawful sale or delivery of pre-packaged 
16explosive components.
17 (a) A person commits unlawful sale or delivery of 
18pre-packaged explosive components when he or she knowingly does 
19any of the following: 
20  (1) Sells or gives pre-packaged explosive components 
21 to a person who is disqualified under the Firearm Owners 
22 Identification Card Act.
23  (2) Sells or transfers pre-packaged explosive 
24 components to a person who does not display to the seller 
25 or transferor of the pre-packaged explosive components a 
 
 
HB4117- 32 -LRB100 15164 RLC 30030 b


1 currently valid Firearm Owner's Identification Card that 
2 has previously been issued in the transferee's name by the 
3 Department of State Police under the Firearm Owners 
4 Identification Card Act. This paragraph (2) does not apply 
5 to the transfer of pre-packaged explosive components to a 
6 person who is exempt from the requirement of possessing a 
7 Firearm Owner's Identification Card under Section 2 of the 
8 Firearm Owners Identification Card Act. For the purposes of 
9 this Section, a currently valid Firearm Owner's 
10 Identification Card means a Firearm Owner's Identification 
11 Card that has not expired.
12  (3) Sells or gives pre-packaged explosive components 
13 while engaged in the business of selling pre-packaged 
14 explosive components at wholesale or retail without being 
15 licensed as a federal firearms dealer under Section 923 of 
16 the federal Gun Control Act of 1968 (18 U.S.C. 923). In 
17 this paragraph (3), a person "engaged in the business" 
18 means a person who devotes time, attention, and labor to 
19 engaging in the activity as a regular course of trade or 
20 business with the principal objective of livelihood and 
21 profit. 
22 (b) For the purposes of this Section, "pre-packaged 
23explosive components" means a pre-packaged product containing 
242 or more unmixed, commercially manufactured chemical 
25substances that are not independently classified as explosives 
26but which when mixed or combined, results in an explosive 
 
 
HB4117- 33 -LRB100 15164 RLC 30030 b


1material subject to regulation by the federal Bureau of 
2Alcohol, Tobacco, Firearms, and Explosives under Title 27 CFR 
3Part 555. 
4 (c) All sellers or transferors who have complied with the 
5requirements of this Section shall not be liable for damages in 
6any civil action arising from the use or misuse by the 
7transferee of the pre-packaged explosive components 
8transferred, except for willful or wanton misconduct on the 
9part of the seller or transferor.
10 (d) Sentence. Any person who is convicted of unlawful sale 
11or delivery of pre-packaged explosive components commits a 
12Class 4 felony. 



13 Section 99. Effective date. This Act takes effect upon 
14becoming law.

 
 
HB4117- 34 -LRB100 15164 RLC 30030 b


1
INDEX

2
Statutes amended in order of appearance