100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB0050

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

SYNOPSIS AS INTRODUCED:

See Index

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

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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning safety.

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

3 represented in the General Assembly:

4 Section 5. The Illinois Police Training Act is amended by

5 changing Section 10.7 as follows:

6 (50 ILCS 705/10.7)

7 Sec. 10.7. Mandatory training; police chief and deputy

8 police chief. Each police chief and deputy police chief shall

9 obtain at least 20 hours of training each year. The training

10 must be approved by the Illinois Law Enforcement Training and

11 Standards Board and must be related to law enforcement,

12 management or executive development, or ethics, and must

13 include at least one course on the Firearm Owners

14 Identification Card Act, the Firearm Concealed Carry Act, and

15 firearms investigations. This requirement may be satisfied by

16 attending any training portion of a conference held by an

17 association that represents chiefs of police that has been

18 approved by the Illinois Law Enforcement Training and Standards

19 Board. Any police chief and any deputy police chief, upon

20 presentation of a certificate of completion from the person or

21 entity conducting the training, shall be reimbursed by the

22 municipality in accordance with the municipal policy

23 regulating the terms of reimbursement, for his or her

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1 reasonable expenses in obtaining the training required under

2 this Section. No police chief or deputy police chief may attend

3 any recognized training offering without the prior approval of

4 his or her municipal mayor, manager, or immediate supervisor.

5 This Section does not apply to the City of Chicago or the

6 Sheriff's Police Department in Cook County.

7 (Source: P.A. 94-354, eff. 1-1-06.)

8 Section 10. The Firearm Owners Identification Card Act is

9 amended by changing Sections 1.1, 3.1, 3.3, 8, and 9.5 as

10 follows:

11 (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)

12 Sec. 1.1. For purposes of this Act:

13 "Addicted to narcotics" means a person who has been:

14 (1) convicted of an offense involving the use or

15 possession of cannabis, a controlled substance, or

16 methamphetamine within the past year; or

17 (2) determined by the Department of State Police to be

18 addicted to narcotics based upon federal law or federal

19 guidelines.

20 "Addicted to narcotics" does not include possession or use

21 of a prescribed controlled substance under the direction and

22 authority of a physician or other person authorized to

23 prescribe the controlled substance when the controlled

24 substance is used in the prescribed manner.

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1 "Adjudicated as a person with a mental disability" means

2 the person is the subject of a determination by a court, board,

3 commission or other lawful authority that the person, as a

4 result of marked subnormal intelligence, or mental illness,

5 mental impairment, incompetency, condition, or disease:

6 (1) presents a clear and present danger to himself,

7 herself, or to others;

8 (2) lacks the mental capacity to manage his or her own

9 affairs or is adjudicated a person with a disability as

10 defined in Section 11a-2 of the Probate Act of 1975;

11 (3) is not guilty in a criminal case by reason of

12 insanity, mental disease or defect;

13 (3.5) is guilty but mentally ill, as provided in

14 Section 5-2-6 of the Unified Code of Corrections;

15 (4) is incompetent to stand trial in a criminal case;

16 (5) is not guilty by reason of lack of mental

17 responsibility under Articles 50a and 72b of the Uniform

18 Code of Military Justice, 10 U.S.C. 850a, 876b;

19 (6) is a sexually violent person under subsection (f)

20 of Section 5 of the Sexually Violent Persons Commitment

21 Act;

22 (7) is a sexually dangerous person under the Sexually

23 Dangerous Persons Act;

24 (8) is unfit to stand trial under the Juvenile Court

25 Act of 1987;

26 (9) is not guilty by reason of insanity under the

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1 Juvenile Court Act of 1987;

2 (10) is subject to involuntary admission as an

3 inpatient as defined in Section 1-119 of the Mental Health

4 and Developmental Disabilities Code;

5 (11) is subject to involuntary admission as an

6 outpatient as defined in Section 1-119.1 of the Mental

7 Health and Developmental Disabilities Code;

8 (12) is subject to judicial admission as set forth in

9 Section 4-500 of the Mental Health and Developmental

10 Disabilities Code; or

11 (13) is subject to the provisions of the Interstate

12 Agreements on Sexually Dangerous Persons Act.

13 "Clear and present danger" means a person who:

14 (1) communicates a serious threat of physical violence

15 against a reasonably identifiable victim or poses a clear

16 and imminent risk of serious physical injury to himself,

17 herself, or another person as determined by a physician,

18 clinical psychologist, or qualified examiner; or

19 (2) demonstrates threatening physical or verbal

20 behavior, such as violent, suicidal, or assaultive

21 threats, actions, or other behavior, as determined by a

22 physician, clinical psychologist, qualified examiner,

23 school administrator, or law enforcement official,

24 including any act that is intended to cause or create a

25 risk and does cause or create a risk of death or great

26 bodily harm to one or more persons.

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1 "Clinical psychologist" has the meaning provided in

2 Section 1-103 of the Mental Health and Developmental

3 Disabilities Code.

4 "Controlled substance" means a controlled substance or

5 controlled substance analog as defined in the Illinois

6 Controlled Substances Act.

7 "Counterfeit" means to copy or imitate, without legal

8 authority, with intent to deceive.

9 "Federally licensed firearm dealer" means a person who is

10 licensed as a federal firearms dealer under Section 923 of the

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

12 "Firearm" means any device, by whatever name known, which

13 is designed to expel a projectile or projectiles by the action

14 of an explosion, expansion of gas or escape of gas; excluding,

15 however:

16 (1) any pneumatic gun, spring gun, paint ball gun, or

17 B-B gun which expels a single globular projectile not

18 exceeding .18 inch in diameter or which has a maximum

19 muzzle velocity of less than 700 feet per second;

20 (1.1) any pneumatic gun, spring gun, paint ball gun, or

21 B-B gun which expels breakable paint balls containing

22 washable marking colors;

23 (2) any device used exclusively for signalling or

24 safety and required or recommended by the United States

25 Coast Guard or the Interstate Commerce Commission;

26 (3) any device used exclusively for the firing of stud

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1 cartridges, explosive rivets or similar industrial

2 ammunition; and

3 (4) an antique firearm (other than a machine-gun)

4 which, although designed as a weapon, the Department of

5 State Police finds by reason of the date of its

6 manufacture, value, design, and other characteristics is

7 primarily a collector's item and is not likely to be used

8 as a weapon.

9 "Firearm ammunition" means any self-contained cartridge or

10 shotgun shell, by whatever name known, which is designed to be

11 used or adaptable to use in a firearm; excluding, however:

12 (1) any ammunition exclusively designed for use with a

13 device used exclusively for signalling or safety and

14 required or recommended by the United States Coast Guard or

15 the Interstate Commerce Commission; and

16 (2) any ammunition designed exclusively for use with a

17 stud or rivet driver or other similar industrial

18 ammunition.

19 "Gun show" means an event or function:

20 (1) at which the sale and transfer of firearms is the

21 regular and normal course of business and where 50 or more

22 firearms are displayed, offered, or exhibited for sale,

23 transfer, or exchange; or

24 (2) at which not less than 10 gun show vendors display,

25 offer, or exhibit for sale, sell, transfer, or exchange

26 firearms.

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1 "Gun show" includes the entire premises provided for an

2 event or function, including parking areas for the event or

3 function, that is sponsored to facilitate the purchase, sale,

4 transfer, or exchange of firearms as described in this Section.

5 Nothing in this definition shall be construed to exclude a gun

6 show held in conjunction with competitive shooting events at

7 the World Shooting Complex sanctioned by a national governing

8 body in which the sale or transfer of firearms is authorized

9 under subparagraph (5) of paragraph (g) of subsection (A) of

10 Section 24-3 of the Criminal Code of 2012.

11 Unless otherwise expressly stated, "gun show" does not

12 include training or safety classes, competitive shooting

13 events, such as rifle, shotgun, or handgun matches, trap,

14 skeet, or sporting clays shoots, dinners, banquets, raffles, or

15 any other event where the sale or transfer of firearms is not

16 the primary course of business.

17 "Gun show promoter" means a person who organizes or

18 operates a gun show.

19 "Gun show vendor" means a person who exhibits, sells,

20 offers for sale, transfers, or exchanges any firearms at a gun

21 show, regardless of whether the person arranges with a gun show

22 promoter for a fixed location from which to exhibit, sell,

23 offer for sale, transfer, or exchange any firearm.

24 "Involuntarily admitted" has the meaning as prescribed in

25 Sections 1-119 and 1-119.1 of the Mental Health and

26 Developmental Disabilities Code.

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1 "Mental health facility" means any licensed private

2 hospital or hospital affiliate, institution, or facility, or

3 part thereof, and any facility, or part thereof, operated by

4 the State or a political subdivision thereof which provide

5 treatment of persons with mental illness and includes all

6 hospitals, institutions, clinics, evaluation facilities,

7 mental health centers, colleges, universities, long-term care

8 facilities, and nursing homes, or parts thereof, which provide

9 treatment of persons with mental illness whether or not the

10 primary purpose is to provide treatment of persons with mental

11 illness.

12 "National governing body" means a group of persons who

13 adopt rules and formulate policy on behalf of a national

14 firearm sporting organization.

15 "Patient" means:

16 (1) a person who voluntarily receives mental health

17 treatment as an in-patient or resident of any public or

18 private mental health facility, unless the treatment was

19 solely for an alcohol abuse disorder and no other secondary

20 substance abuse disorder or mental illness; or

21 (2) a person who voluntarily receives mental health

22 treatment as an out-patient or is provided services by a

23 public or private mental health facility, and who poses a

24 clear and present danger to himself, herself, or to others.

25 "Person with a developmental disability" means a person

26 with a disability which is attributable to any other condition

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1 which results in impairment similar to that caused by an

2 intellectual disability and which requires services similar to

3 those required by persons with intellectual disabilities. The

4 disability must originate before the age of 18 years, be

5 expected to continue indefinitely, and constitute a

6 substantial disability. This disability results, in the

7 professional opinion of a physician, clinical psychologist, or

8 qualified examiner, in significant functional limitations in 3

9 or more of the following areas of major life activity:

10 (i) self-care;

11 (ii) receptive and expressive language;

12 (iii) learning;

13 (iv) mobility; or

14 (v) self-direction.

15 "Person with an intellectual disability" means a person

16 with a significantly subaverage general intellectual

17 functioning which exists concurrently with impairment in

18 adaptive behavior and which originates before the age of 18

19 years.

20 "Physician" has the meaning as defined in Section 1-120 of

21 the Mental Health and Developmental Disabilities Code.

22 "Qualified examiner" has the meaning provided in Section

23 1-122 of the Mental Health and Developmental Disabilities Code.

24 "Sanctioned competitive shooting event" means a shooting

25 contest officially recognized by a national or state shooting

26 sport association, and includes any sight-in or practice

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1 conducted in conjunction with the event.

2 "School administrator" means the person required to report

3 under the School Administrator Reporting of Mental Health Clear

4 and Present Danger Determinations Law.

5 "Stun gun or taser" has the meaning ascribed to it in

6 Section 24-1 of the Criminal Code of 2012.

7 (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,

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

9 (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)

10 Sec. 3.1. Firearm transfer inquiry program ~~Dial up system~~.

11 (a) The Department of State Police shall provide afirearm

12 transfer inquiry program consisting of a dial up telephone

13 system or utilize other existing technology which shall be used

14 by any federally licensed firearm dealer, gun show promoter, or

15 gun show vendor who is to transfer a firearm, stun gun, or

16 taser under the provisions of this Act. The Department of State

17 Police may utilize existing technology which allows the caller

18 to be charged a fee not to exceed $2. Fees collected by the

19 Department of State Police shall be deposited in the State

20 Police Services Fund and used to provide the service.

21 (b) Upon receiving a request from a federally licensed

22 firearm dealer, gun show promoter, or gun show vendor, the

23 Department of State Police shall immediately approve, or within

24 the time period established by Section 24-3 of the Criminal

25 Code of 2012 regarding the delivery of firearms, stun guns, and

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1 tasers notify the inquiring dealer, gun show promoter, or gun

2 show vendor of any objection that would disqualify the

3 transferee from acquiring or possessing a firearm, stun gun, or

4 taser. In conducting the inquiry, the Department of State

5 Police shall initiate and complete an automated search of its

6 criminal history record information files and those of the

7 Federal Bureau of Investigation, including the National

8 Instant Criminal Background Check System, and of the files of

9 the Department of Human Services relating to mental health and

10 developmental disabilities to obtain any felony conviction or

11 patient hospitalization information which would disqualify a

12 person from obtaining or require revocation of a currently

13 valid Firearm Owner's Identification Card.

14 (c) If receipt of a firearm would not violate Section 24-3

15 of the Criminal Code of 2012, federal law, or this Act the

16 Department of State Police shall:

17 (1) assign a unique identification number to the

18 transfer; and

19 (2) provide the licensee, gun show promoter, or gun

20 show vendor with the number.

21 (d) Approvals issued by the Department of State Police for

22 the purchase of a firearm are valid for 30 days from the date

23 of issue.

24 (e) (1) The Department of State Police must act as the

25 Illinois Point of Contact for the National Instant Criminal

26 Background Check System.

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1 (2) The Department of State Police and the Department of

2 Human Services shall, in accordance with State and federal law

3 regarding confidentiality, enter into a memorandum of

4 understanding with the Federal Bureau of Investigation for the

5 purpose of implementing the National Instant Criminal

6 Background Check System in the State. The Department of State

7 Police shall report the name, date of birth, and physical

8 description of any person prohibited from possessing a firearm

9 pursuant to the Firearm Owners Identification Card Act or 18

10 U.S.C. 922(g) and (n) to the National Instant Criminal

11 Background Check System Index, Denied Persons Files.

12 (3) The Department of State Police shall, within 3 business

13 days, provide notice of the disqualification of a person under

14 subsection (b) of this Section or the revocation of a person's

15 Firearm Owner's Identification Card under Section 8 or Section

16 8.2 of this Act, and the reason for the disqualification or

17 revocation, to all law enforcement agencies with jurisdiction

18 to assist with the seizure of the person's Firearm Owner's

19 Identification Card.

20 (f) The Department of State Police shall adopt rules not

21 inconsistent with this Section to implement this system.

22 (Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17.)

23 (430 ILCS 65/3.3)

24 Sec. 3.3. Report to the local law enforcement agency;

25 notification to the Federal Bureau of Investigation.

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1 (a)The Department of State Police must report the name and

2 address of a person to the local law enforcement agency where

3 the person resides if the person attempting to purchase a

4 firearm is disqualified from purchasing a firearm because of

5 information obtained under subsection (a-10) of Section 3 or

6 Section 3.1 that would disqualify the person from obtaining a

7 Firearm Owner's Identification Card under any of subsections

8 (c) through (n) of Section 8 of this Act.

9 (b) The Department of State Police may notify the Federal

10 Bureau of Investigation when a person named on the consolidated

11 Terrorist Watchlist maintained by the Terrorist Screening

12 Center administered by the Federal Bureau of Investigation is

13 making application for a Firearm Owner's Identification Card.

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

15 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

16 Sec. 8. Grounds for denial and revocation. The Department

17 of State Police has authority to deny an application for or to

18 revoke and seize a Firearm Owner's Identification Card

19 previously issued under this Act only if the Department finds

20 that the applicant or the person to whom such card was issued

21 is or was at the time of issuance:

22 (a) A person under 21 years of age who has been

23 convicted of a misdemeanor other than a traffic offense or

24 adjudged delinquent;

25 (b) A person under 21 years of age who does not have

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1 the written consent of his parent or guardian to acquire

2 and possess firearms and firearm ammunition, or whose

3 parent or guardian has revoked such written consent, or

4 where such parent or guardian does not qualify to have a

5 Firearm Owner's Identification Card;

6 (c) A person convicted of a felony under the laws of

7 this or any other jurisdiction;

8 (d) A person addicted to narcotics;

9 (e) A person who has been a patient of a mental health

10 facility within the past 5 years or a person who has been a

11 patient in a mental health facility more than 5 years ago

12 who has not received the certification required under

13 subsection (u) of this Section. An active law enforcement

14 officer employed by a unit of government who is denied,

15 revoked, or has his or her Firearm Owner's Identification

16 Card seized under this subsection (e) may obtain relief as

17 described in subsection (c-5) of Section 10 of this Act if

18 the officer did not act in a manner threatening to the

19 officer, another person, or the public as determined by the

20 treating clinical psychologist or physician, and the

21 officer seeks mental health treatment;

22 (f) A person whose mental condition is of such a nature

23 that it poses a clear and present danger to the applicant,

24 any other person or persons or the community;

25 (g) A person who has an intellectual disability;

26 (h) A person who intentionally makes a false statement

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1 in the Firearm Owner's Identification Card application;

2 (i) An alien who is unlawfully present in the United

3 States under the laws of the United States;

4 (i-5) An alien who has been admitted to the United

5 States under a non-immigrant visa (as that term is defined

6 in Section 101(a)(26) of the Immigration and Nationality

7 Act (8 U.S.C. 1101(a)(26))), except that this subsection

8 (i-5) does not apply to any alien who has been lawfully

9 admitted to the United States under a non-immigrant visa if

10 that alien is:

11 (1) admitted to the United States for lawful

12 hunting or sporting purposes;

13 (2) an official representative of a foreign

14 government who is:

15 (A) accredited to the United States Government

16 or the Government's mission to an international

17 organization having its headquarters in the United

18 States; or

19 (B) en route to or from another country to

20 which that alien is accredited;

21 (3) an official of a foreign government or

22 distinguished foreign visitor who has been so

23 designated by the Department of State;

24 (4) a foreign law enforcement officer of a friendly

25 foreign government entering the United States on

26 official business; or

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1 (5) one who has received a waiver from the Attorney

2 General of the United States pursuant to 18 U.S.C.

3 922(y)(3);

4 (j) (Blank);

5 (k) A person who has been convicted within the past 5

6 years of battery, assault, aggravated assault, violation

7 of an order of protection, or a substantially similar

8 offense in another jurisdiction, in which a firearm was

9 used or possessed;

10 (l) A person who has been convicted of domestic

11 battery, aggravated domestic battery, or a substantially

12 similar offense in another jurisdiction committed before,

13 on or after January 1, 2012 (the effective date of Public

14 Act 97-158). If the applicant or person who has been

15 previously issued a Firearm Owner's Identification Card

16 under this Act knowingly and intelligently waives the right

17 to have an offense described in this paragraph (l) tried by

18 a jury, and by guilty plea or otherwise, results in a

19 conviction for an offense in which a domestic relationship

20 is not a required element of the offense but in which a

21 determination of the applicability of 18 U.S.C. 922(g)(9)

22 is made under Section 112A-11.1 of the Code of Criminal

23 Procedure of 1963, an entry by the court of a judgment of

24 conviction for that offense shall be grounds for denying an

25 application for and for revoking and seizing a Firearm

26 Owner's Identification Card previously issued to the

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1 person under this Act;

2 (m) (Blank);

3 (n) A person who is prohibited from acquiring or

4 possessing firearms or firearm ammunition by any Illinois

5 State statute or by federal law;

6 (o) A minor subject to a petition filed under Section

7 5-520 of the Juvenile Court Act of 1987 alleging that the

8 minor is a delinquent minor for the commission of an

9 offense that if committed by an adult would be a felony;

10 (p) An adult who had been adjudicated a delinquent

11 minor under the Juvenile Court Act of 1987 for the

12 commission of an offense that if committed by an adult

13 would be a felony;

14 (q) A person who is not a resident of the State of

15 Illinois, except as provided in subsection (a-10) of

16 Section 4;

17 (r) A person who has been adjudicated as a person with

18 a mental disability;

19 (s) A person who has been found to have a developmental

20 disability;

21 (t) A person involuntarily admitted into a mental

22 health facility; ~~or~~

23 (u) A person who has had his or her Firearm Owner's

24 Identification Card revoked or denied under subsection (e)

25 of this Section or item (iv) of paragraph (2) of subsection

26 (a) of Section 4 of this Act because he or she was a

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1 patient in a mental health facility as provided in

2 subsection (e) of this Section, shall not be permitted to

3 obtain a Firearm Owner's Identification Card, after the

4 5-year period has lapsed, unless he or she has received a

5 mental health evaluation by a physician, clinical

6 psychologist, or qualified examiner as those terms are

7 defined in the Mental Health and Developmental

8 Disabilities Code, and has received a certification that he

9 or she is not a clear and present danger to himself,

10 herself, or others. The physician, clinical psychologist,

11 or qualified examiner making the certification and his or

12 her employer shall not be held criminally, civilly, or

13 professionally liable for making or not making the

14 certification required under this subsection, except for

15 willful or wanton misconduct. This subsection does not

16 apply to a person whose firearm possession rights have been

17 restored through administrative or judicial action under

18 Section 10 or 11 of this Act; or

19 (v) A person who is charged with making a terrorist

20 threat as set forth in Section 29D-20 or soliciting or

21 providing material support for terrorism as set forth in

22 Section 29D-29.9 of the Criminal Code of 2012 or a similar

23 offense of another state or under federal law.

24 Upon revocation of a person's Firearm Owner's

25 Identification Card, the Department of State Police shall

26 provide notice to the person and the person shall comply with

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1 Section 9.5 of this Act.

2 (Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756,

3 eff. 7-16-14; 99-143, eff. 7-27-15.)

4 (430 ILCS 65/9.5)

5 Sec. 9.5. Revocation of Firearm Owner's Identification

6 Card.

7 (a) A person who receives a revocation notice under Section

8 9 of this Act shall, within 48 hours of receiving notice of the

9 revocation:

10 (1) surrender his or her Firearm Owner's

11 Identification Card to the local law enforcement agency

12 where the person resides. The local law enforcement agency

13 shall provide the person a receipt and transmit the Firearm

14 Owner's Identification Card to the Department of State

15 Police; and

16 (2) complete a Firearm Disposition Record on a form

17 prescribed by the Department of State Police and place his

18 or her firearms in the location or with the person reported

19 in the Firearm Disposition Record. The form shall require

20 the person to disclose:

21 (A) the make, model, and serial number of each

22 firearm owned by or under the custody and control of

23 the revoked person;

24 (B) the location where each firearm will be

25 maintained during the prohibited term; and

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1 (C) if any firearm will be transferred to the

2 custody of another person, the name, address and

3 Firearm Owner's Identification Card number of the

4 transferee.

5 (b) The local law enforcement agency shall provide a copy

6 of the Firearm Disposition Record to the person whose Firearm

7 Owner's Identification Card has been revoked and to the

8 Department of State Police.

9 (c) If the person whose Firearm Owner's Identification Card

10 has been revoked fails to comply with the requirements of this

11 Section, the sheriff or law enforcement agency where the person

12 resides may petition the circuit court to issue a warrant to

13 search for and seize the Firearm Owner's Identification Card

14 and firearms in the possession or under the custody or control

15 of the person whose Firearm Owner's Identification Card has

16 been revoked.

17 (c-5) If the Department of State Police has not received

18 the Firearm Owner's Identification Card or Firearms

19 Disposition Record from the person, the Department shall send

20 notice of noncompliance to the sheriff and law enforcement

21 agency where the person resides and upon request the Department

22 shall make this information of noncompliance available to the

23 sheriff and law enforcement agency where the person resides.

24 (d) A violation of subsection (a) of this Section is a

25 Class A misdemeanor.

26 (e) The observation of a Firearm Owner's Identification

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1 Card in the possession of a person whose Firearm Owner's

2 Identification Card has been revoked constitutes a sufficient

3 basis for the arrest of that person for violation of this

4 Section.

5 (f) Within 30 days after the effective date of this

6 amendatory Act of the 98th General Assembly, the Department of

7 State Police shall provide written notice of the requirements

8 of this Section to persons whose Firearm Owner's Identification

9 Cards have been revoked, suspended, or expired and who have

10 failed to surrender their cards to the Department. Within 30

11 days after the effective date of this amendatory Act of the

12 100th General Assembly, and by January 31 of each year

13 thereafter, the Department of State Police shall provide

14 written notice, in the form and manner prescribed by the

15 Department, of the requirements of this Section to every

16 sheriff and law enforcement agency within this State.

17 (g) A person whose Firearm Owner's Identification Card has

18 been revoked and who received notice under subsection (f) shall

19 comply with the requirements of this Section within 48 hours of

20 receiving notice.

21 (Source: P.A. 98-63, eff. 7-9-13.)

22 Section 15. The Firearm Concealed Carry Act is amended by

23 changing Section 65 as follows:

24 (430 ILCS 66/65)

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1 Sec. 65. Prohibitions ~~Prohibited areas~~.

2 (a) A licensee under this Act shall not knowingly carry a

3 firearm on or into:

4 (1) Any building, real property, and parking area under

5 the control of a public or private elementary or secondary

6 school.

7 (2) Any building, real property, and parking area under

8 the control of a pre-school or child care facility,

9 including any room or portion of a building under the

10 control of a pre-school or child care facility. Nothing in

11 this paragraph shall prevent the operator of a child care

12 facility in a family home from owning or possessing a

13 firearm in the home or license under this Act, if no child

14 under child care at the home is present in the home or the

15 firearm in the home is stored in a locked container when a

16 child under child care at the home is present in the home.

17 (3) Any building, parking area, or portion of a

18 building under the control of an officer of the executive

19 or legislative branch of government, provided that nothing

20 in this paragraph shall prohibit a licensee from carrying a

21 concealed firearm onto the real property, bikeway, or trail

22 in a park regulated by the Department of Natural Resources

23 or any other designated public hunting area or building

24 where firearm possession is permitted as established by the

25 Department of Natural Resources under Section 1.8 of the

26 Wildlife Code.

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1 (4) Any building designated for matters before a

2 circuit court, appellate court, or the Supreme Court, or

3 any building or portion of a building under the control of

4 the Supreme Court.

5 (5) Any building or portion of a building under the

6 control of a unit of local government.

7 (6) Any building, real property, and parking area under

8 the control of an adult or juvenile detention or

9 correctional institution, prison, or jail.

10 (7) Any building, real property, and parking area under

11 the control of a public or private hospital or hospital

12 affiliate, mental health facility, or nursing home.

13 (8) Any bus, train, or form of transportation paid for

14 in whole or in part with public funds, and any building,

15 real property, and parking area under the control of a

16 public transportation facility paid for in whole or in part

17 with public funds.

18 (9) Any building, real property, and parking area under

19 the control of an establishment that serves alcohol on its

20 premises, if more than 50% of the establishment's gross

21 receipts within the prior 3 months is from the sale of

22 alcohol. The owner of an establishment who knowingly fails

23 to prohibit concealed firearms on its premises as provided

24 in this paragraph or who knowingly makes a false statement

25 or record to avoid the prohibition on concealed firearms

26 under this paragraph is subject to the penalty under

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1 subsection (c-5) of Section 10-1 of the Liquor Control Act

2 of 1934.

3 (10) Any public gathering or special event conducted on

4 property open to the public that requires the issuance of a

5 permit from the unit of local government, provided this

6 prohibition shall not apply to a licensee who must walk

7 through a public gathering in order to access his or her

8 residence, place of business, or vehicle.

9 (11) Any building or real property that has been issued

10 a Special Event Retailer's license as defined in Section

11 1-3.17.1 of the Liquor Control Act during the time

12 designated for the sale of alcohol by the Special Event

13 Retailer's license, or a Special use permit license as

14 defined in subsection (q) of Section 5-1 of the Liquor

15 Control Act during the time designated for the sale of

16 alcohol by the Special use permit license.

17 (12) Any public playground.

18 (13) Any public park, athletic area, or athletic

19 facility under the control of a municipality or park

20 district, provided nothing in this Section shall prohibit a

21 licensee from carrying a concealed firearm while on a trail

22 or bikeway if only a portion of the trail or bikeway

23 includes a public park.

24 (14) Any real property under the control of the Cook

25 County Forest Preserve District.

26 (15) Any building, classroom, laboratory, medical

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1 clinic, hospital, artistic venue, athletic venue,

2 entertainment venue, officially recognized

3 university-related organization property, whether owned or

4 leased, and any real property, including parking areas,

5 sidewalks, and common areas under the control of a public

6 or private community college, college, or university.

7 (16) Any building, real property, or parking area under

8 the control of a gaming facility licensed under the

9 Riverboat Gambling Act or the Illinois Horse Racing Act of

10 1975, including an inter-track wagering location licensee.

11 (17) Any stadium, arena, or the real property or

12 parking area under the control of a stadium, arena, or any

13 collegiate or professional sporting event.

14 (18) Any building, real property, or parking area under

15 the control of a public library.

16 (19) Any building, real property, or parking area under

17 the control of an airport.

18 (20) Any building, real property, or parking area under

19 the control of an amusement park.

20 (21) Any building, real property, or parking area under

21 the control of a zoo or museum.

22 (22) Any street, driveway, parking area, property,

23 building, or facility, owned, leased, controlled, or used

24 by a nuclear energy, storage, weapons, or development site

25 or facility regulated by the federal Nuclear Regulatory

26 Commission. The licensee shall not under any circumstance

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1 store a firearm or ammunition in his or her vehicle or in a

2 compartment or container within a vehicle located anywhere

3 in or on the street, driveway, parking area, property,

4 building, or facility described in this paragraph.

5 (23) Any area where firearms are prohibited under

6 federal law.

7 (a-5) Nothing in this Act shall prohibit a public or

8 private community college, college, or university from:

9 (1) prohibiting persons from carrying a firearm within

10 a vehicle owned, leased, or controlled by the college or

11 university;

12 (2) developing resolutions, regulations, or policies

13 regarding student, employee, or visitor misconduct and

14 discipline, including suspension and expulsion;

15 (3) developing resolutions, regulations, or policies

16 regarding the storage or maintenance of firearms, which

17 must include designated areas where persons can park

18 vehicles that carry firearms; and

19 (4) permitting the carrying or use of firearms for the

20 purpose of instruction and curriculum of officially

21 recognized programs, including but not limited to military

22 science and law enforcement training programs, or in any

23 designated area used for hunting purposes or target

24 shooting.

25 (a-10) The owner of private real property of any type may

26 prohibit the carrying of concealed firearms on the property

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1 under his or her control. The owner must post a sign in

2 accordance with subsection (d) of this Section indicating that

3 firearms are prohibited on the property, unless the property is

4 a private residence.

5 (b) Notwithstanding subsections (a), (a-5), and (a-10) of

6 this Section except under paragraph (22) or (23) of subsection

7 (a), any licensee prohibited from carrying a concealed firearm

8 into the parking area of a prohibited location specified in

9 subsection (a), (a-5), or (a-10) of this Section shall be

10 permitted to carry a concealed firearm on or about his or her

11 person within a vehicle into the parking area and may store a

12 firearm or ammunition concealed in a case within a locked

13 vehicle or locked container out of plain view within the

14 vehicle in the parking area. A licensee may carry a concealed

15 firearm in the immediate area surrounding his or her vehicle

16 within a prohibited parking lot area only for the limited

17 purpose of storing or retrieving a firearm within the vehicle's

18 trunk. For purposes of this subsection, "case" includes a glove

19 compartment or console that completely encloses the concealed

20 firearm or ammunition, the trunk of the vehicle, or a firearm

21 carrying box, shipping box, or other container.

22 (c) A licensee shall not be in violation of this Section

23 while he or she is traveling along a public right of way that

24 touches or crosses any of the premises under subsection (a),

25 (a-5), or (a-10) of this Section if the concealed firearm is

26 carried on his or her person in accordance with the provisions

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1 of this Act or is being transported in a vehicle by the

2 licensee in accordance with all other applicable provisions of

3 law.

4 (d) Signs stating that the carrying of firearms is

5 prohibited shall be clearly and conspicuously posted at the

6 entrance of a building, premises, or real property specified in

7 this Section as a prohibited area, unless the building or

8 premises is a private residence. Signs shall be of a uniform

9 design as established by the Department and shall be 4 inches

10 by 6 inches in size. The Department shall adopt rules for

11 standardized signs to be used under this subsection.

12 (e) A person licensed under this Act shall not carry a

13 handgun equipped with a suppressor or silencer when carrying a

14 handgun under this Act.

15 (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)

16 Section 20. The Wildlife Code is amended by changing

17 Section 2.33 as follows:

18 (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)

19 Sec. 2.33. Prohibitions.

20 (a) It is unlawful to carry or possess any gun in any State

21 refuge unless otherwise permitted by administrative rule.

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

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

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

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

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

3 located underwater at all times.

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

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

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

7 other gases to dislodge or remove such mammal except as

8 provided in Section 2.37.

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

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

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

12 mammals from their dens or hiding places.

13 (e) (Blank).

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

15 device to take any species protected by this Act.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

6 body or hand-held by a person on foot and not in any vehicle.

7 (j) It is unlawful to use any shotgun larger than 10 gauge

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

9 by this Act.

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

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

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

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

14 wild game birds, migratory waterfowl or migratory game birds

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

16 in Section 2.26 and other species as provided for by subsection

17 (l) or administrative rule.

18 (l) It is unlawful to take any species of wild game, except

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

20 loaded with slugs unless otherwise provided for by

21 administrative rule.

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

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

24 on game breeding and hunting preserve areas licensed under

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

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

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

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

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

4 a one piece plug that is irremovable without dismantling the

5 shotgun or otherwise altered to render it incapable of holding

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

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

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

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

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

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

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

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

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

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

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

17 otherwise made inoperable.

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

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

20 Section 2.5.

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

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

23 airgun.

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

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

26 frozen waters.

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

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

3 highway in this State.

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

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

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

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

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

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

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

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

12 any wildlife physically on or flying over the property of

13 another without first obtaining permission from the owner or

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

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

16 written authorization and the authorization must contain (i)

17 the legal or common description of property for such authority

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

19 authorized to make decisions regarding who is allowed to take

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

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

22 this Section the law enforcement officer must have received

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

24 this Section. Statements made to the law enforcement officer

25 regarding this notice shall not be rendered inadmissible by the

26 hearsay rule when offered for the purpose of showing the

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1 required notice.

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

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

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

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

6 without first obtaining permission from the owner or tenant,

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

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

9 shotgun using shot shells only, or providing outfitting

10 services under a waterfowl outfitter permit, or on licensed

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

12 3.27, on federally owned and managed lands and on Department

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

14 restriction shall apply.

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

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

17 owned by another person without written authorization of the

18 owner to do so.

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

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

21 except that nothing in this Section shall prohibit the tracking

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

23 Section 2.26 of this Code.

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

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

26 personal property on the land of another while engaged in

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1 hunting or trapping thereon.

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

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

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

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

6 administrative rule for fur-bearing mammals.

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

8 turkeys and crippled pheasants not capable of normal flight and

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

10 Nothing in this Section shall prohibit a person from carrying

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

12 crippled migratory waterfowl that is incapable of normal

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

14 waterfowl to possession, provided that the attempt is made

15 immediately upon downing the migratory waterfowl and is done

16 within 400 yards of the blind from which the migratory

17 waterfowl was downed. This exception shall apply only to

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

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

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

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

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

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

24 mammals, excluding coyotes.

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

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

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1 possess alive in this State any species of wildlife taken

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

3 from the Director.

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

5 possession any freshly killed species protected by this Act

6 during the season closed for taking.

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

8 Act and retain it alive except as provided by administrative

9 rule.

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

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

12 administrative rules.

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

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

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

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

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

18 articles of clothing displaying a minimum of 400 square inches

19 of blaze orange material.

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

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

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

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

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

25 Cottontail and Swamp Rabbit.

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

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

2 making a reasonable effort to retrieve such species and include

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

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

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

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

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

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

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

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

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

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

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

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

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

16 to be unfit for human consumption.

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

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

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

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

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

22 (jj) (Blank).

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

24 Director from issuing permits to paraplegics or to other

25 persons with disabilities who meet the requirements set forth

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

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

2 accord with this Act.

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

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

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

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

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

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

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

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

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

12 used to take species protected by this Act.

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

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

15 gauge, with a rifled barrel.

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

17 wildlife or wildlife parts taken unlawfully in Illinois, any

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

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

20 of this subsection, the statute of limitations for unlawful

21 possession of wildlife or wildlife parts shall not cease until

22 2 years after the possession has permanently ended.

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

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

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

26 eff. 7-28-16.)

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1 Section 25. The Criminal Code of 2012 is amended by

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

3 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)

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

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

6 when he knowingly:

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

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

9 sand-bag, metal knuckles or other knuckle weapon

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

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

12 blade that opens automatically by hand pressure applied to

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

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

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

16 spring, elastic material or compressed gas; or

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

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

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

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

21 deadly weapon or instrument of like character; or

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

23 tear gas gun projector or bomb or any object containing

24 noxious liquid gas or substance, other than an object

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1 containing a non-lethal noxious liquid gas or substance

2 designed solely for personal defense carried by a person 18

3 years of age or older; or

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

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

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

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

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

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

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

11 transportation of weapons that meet one of the following

12 conditions:

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

14 (ii) are not immediately accessible; or

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

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

17 person who has been issued a currently valid Firearm

18 Owner's Identification Card; or

19 (iv) are carried or possessed in accordance with

20 the Firearm Concealed Carry Act by a person who has

21 been issued a currently valid license under the Firearm

22 Concealed Carry Act; or

23 (5) Sets a spring gun; or

24 (6) Either:

25 (i) uses, attaches, or possesses with the intent to

26 use or attach ~~Possesses~~ any device or attachment of any

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1 kind for ~~designed, used or intended for use in~~

2 silencing the report of any handgun, unless the use,

3 attachment, or possession with the intent to use the

4 device or attachment is on the premises of a firing or

5 shooting range; or

6 (ii) possesses any device or attachment of any kind

7 designed, used, or intended for use in silencing the

8 report of any firearm, other than a handgun, if the

9 device or attachment is not possessed in compliance

10 with the National Firearms Act ~~firearm~~; or

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

12 carries:

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

14 purposes of this subsection as any weapon, which

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

16 restored to shoot, automatically more than one shot

17 without manually reloading by a single function of the

18 trigger, including the frame or receiver of any such

19 weapon, or sells, manufactures, purchases, possesses,

20 or carries any combination of parts designed or

21 intended for use in converting any weapon into a

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

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

24 possession or under the control of a person;

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

26 16 inches in length or a shotgun having one or more

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1 barrels less than 18 inches in length or any weapon

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

3 modification, or otherwise, if such a weapon as

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

5 or

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

7 other container containing an explosive substance of

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

9 not limited to, black powder bombs and Molotov

10 cocktails or artillery projectiles; or

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

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

13 sell intoxicating beverages, or at any public gathering

14 held pursuant to a license issued by any governmental body

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

16 excluding a place where a showing, demonstration or lecture

17 involving the exhibition of unloaded firearms is

18 conducted.

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

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

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

22 engaged in firearm safety training courses; or

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

12 weapons that meet one of the following conditions:

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

14 (ii) are not immediately accessible; or

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

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

17 person who has been issued a currently valid Firearm

18 Owner's Identification Card; or

19 (iv) are carried or possessed in accordance with

20 the Firearm Concealed Carry Act by a person who has

21 been issued a currently valid license under the Firearm

22 Concealed Carry Act.

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

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

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

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

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

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

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

4 device which is powered by electrical charging units, such

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

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

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

8 to render him incapable of normal functioning; or

9 (11) Sells, manufactures or purchases any explosive

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

11 bullet" means the projectile portion of an ammunition

12 cartridge which contains or carries an explosive charge

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

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

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

16 primer at the rear end thereof, with the propellant

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

18 or

19 (12) (Blank); or

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

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

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

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

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

25 short stick or club commonly carried by police officers

26 which is either telescopic or constructed of a solid piece

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1 of wood or other man-made material.

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

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

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

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

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

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

8 24-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person

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

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

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

12 weapon is possessed in the passenger compartment of a motor

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

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

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

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

17 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3

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

19 Section constitutes a single and separate violation.

20 (c) Violations in specific places.

21 (1) A person who violates subsection 24-1(a)(6)or

22 24-1(a)(7) in any school, regardless of the time of day or

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

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

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

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

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1 property comprising any school, regardless of the time of

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

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

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

5 mixed-income development, on the real property comprising

6 any public park, on the real property comprising any

7 courthouse, in any conveyance owned, leased or contracted

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

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

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

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

12 comprising any school, public park, courthouse, public

13 transportation facility, or residential property owned,

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

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

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

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

18 years and not more than 7 years.

19 (1.5) A person who violates subsection 24-1(a)(4),

20 24-1(a)(9), or 24-1(a)(10) in any school, regardless of the

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

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

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

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

25 courthouse, on the real property comprising any school,

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

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1 residential property owned, operated, or managed by a

2 public housing agency or leased by a public housing agency

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

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

5 property comprising any courthouse, in any conveyance

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

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

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

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

10 feet of the real property comprising any school, public

11 park, courthouse, public transportation facility, or

12 residential property owned, operated, or managed by a

13 public housing agency or leased by a public housing agency

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

15 commits a Class 3 felony.

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

17 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the

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

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

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

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

22 courthouse, on the real property comprising any school,

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

24 residential property owned, operated or managed by a public

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

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

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1 real property comprising any public park, on the real

2 property comprising any courthouse, in any conveyance

3 owned, leased or contracted by a school to transport

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

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

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

7 feet of the real property comprising any school, public

8 park, courthouse, public transportation facility, or

9 residential property owned, operated, or managed by a

10 public housing agency or leased by a public housing agency

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

12 commits a Class 4 felony. "Courthouse" means any building

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

14 this State for the conduct of official business.

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

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

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

18 students carrying or possessing firearms for use in

19 training courses, parades, hunting, target shooting on

20 school ranges, or otherwise with the consent of school

21 authorities and which firearms are transported unloaded

22 enclosed in a suitable case, box, or transportation

23 package.

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

25 means any public or private elementary or secondary school,

26 community college, college, or university.

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

2 transportation agency" means a public or private agency

3 that provides for the transportation or conveyance of

4 persons by means available to the general public, except

5 for transportation by automobiles not used for conveyance

6 of the general public as passengers; and "public

7 transportation facility" means a terminal or other place

8 where one may obtain public transportation.

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

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

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

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

13 such automobile at the time such weapon, instrument or

14 substance is found, except under the following circumstances:

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

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

17 weapon, instrument or substance is found in an automobile

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

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

20 not apply to the driver.

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

22 Underwater Spearguns are exempted from the definition of

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

24 of this Section.

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

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1 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)

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

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

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

5 following:

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

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

8 age.

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

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

11 than a traffic offense or adjudged delinquent.

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

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

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

15 other jurisdiction.

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

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

18 years. In this subsection (e):

19 "Mental institution" means any hospital,

20 institution, clinic, evaluation facility, mental

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

22 for the care or treatment of persons with mental

23 illness.

24 "Patient in a mental institution" means the person

25 was admitted, either voluntarily or involuntarily, to

26 a mental institution for mental health treatment,

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1 unless the treatment was voluntary and solely for an

2 alcohol abuse disorder and no other secondary

3 substance abuse disorder or mental illness.

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

5 person with an intellectual disability.

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

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

8 withholding delivery of such firearm for at least 72 hours

9 after application for its purchase has been made, or

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

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

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

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

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

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

16 enforcement officer if the seller of the firearm knows that

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

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

19 person who desires to purchase a firearm for use in

20 promoting the public interest incident to his or her

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

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

23 a federally licensed firearms dealer to a nonresident of

24 Illinois under which the firearm is mailed to a federally

25 licensed firearms dealer outside the boundaries of

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

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1 Illinois while at a firearm showing or display recognized

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

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

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

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

6 shotgun, or other long gun to a resident registered

7 competitor or attendee or non-resident registered

8 competitor or attendee by any dealer licensed as a federal

9 firearms dealer under Section 923 of the federal Gun

10 Control Act of 1968 at competitive shooting events held at

11 the World Shooting Complex sanctioned by a national

12 governing body. For purposes of transfers or sales under

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

14 Natural Resources shall give notice to the Department of

15 State Police at least 30 calendar days prior to any

16 competitive shooting events at the World Shooting Complex

17 sanctioned by a national governing body. The notification

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

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

20 all registered competitors and attendees at least 24 hours

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

22 changes to the list of registered competitors and attendees

23 shall be forwarded to the Department of State Police as

24 soon as practicable. The Department of State Police must

25 destroy the list of registered competitors and attendees no

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

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1 this paragraph (g) relieves a federally licensed firearm

2 dealer from the requirements of conducting a NICS

3 background check through the Illinois Point of Contact

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

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

6 agreement to purchase a firearm. For purposes of this

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

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

9 national firearm sporting organization.

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

11 manufacturer or pawnbroker under the federal Gun Control

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

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

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

15 other nonhomogeneous metal which will melt or deform at a

16 temperature of less than 800 degrees Fahrenheit. For

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

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

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

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

21 combination of parts from which such a firearm can be

22 assembled.

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

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

25 Owner's Identification Card.

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

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1 business of selling firearms at wholesale or retail without

2 being licensed as a federal firearms dealer under Section

3 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).

4 In this paragraph (j):

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

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

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

8 principal objective of livelihood and profit, but does not

9 include a person who makes occasional repairs of firearms

10 or who occasionally fits special barrels, stocks, or

11 trigger mechanisms to firearms.

12 "With the principal objective of livelihood and

13 profit" means that the intent underlying the sale or

14 disposition of firearms is predominantly one of obtaining

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

16 such as improving or liquidating a personal firearms

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

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

19 purchase and disposition of firearms for criminal purposes

20 or terrorism.

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

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

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

24 Identification Card that has previously been issued in the

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

26 the provisions of the Firearm Owners Identification Card

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

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

3 name by the Department of State Police under the Firearm

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

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

6 the requirement of possessing a Firearm Owner's

7 Identification Card under Section 2 of the Firearm Owners

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

9 a currently valid Firearm Owner's Identification Card

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

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

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

13 the Firearm Owners Identification Card Act shall be proof

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

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

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

17 licensed firearms dealers must also have complied with

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

19 Identification Card Act by determining the validity of

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

21 (2) All sellers or transferors who have complied

22 with the requirements of subparagraph (1) of this

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

24 civil action arising from the use or misuse by the

25 transferee of the firearm transferred, except for

26 willful or wanton misconduct on the part of the seller

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1 or transferor.

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

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

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

5 firearm with knowledge that its serial number has been

6 removed or altered has knowledge that the firearm is stolen

7 or converted.

8 (m) Transfers or gives a suppressor or silencer to a person

9 not authorized to possess the suppressor or silencer under

10 federal law.

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

12 firearms sold within 6 months after enactment of Public Act

13 78-355 (approved August 21, 1973, effective October 1, 1973),

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

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

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

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

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

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

20 after the enactment of that Public Act.

21 (C) Sentence.

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

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

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

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

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

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1 subsection (A) commits a Class 3 felony.

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

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

4 commits a Class 2 felony.

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

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

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

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

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

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

11 contracted by a school or school district to transport

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

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

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

15 convicted of a second or subsequent violation of unlawful

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

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

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

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

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

21 or contracted by a school or school district to transport

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

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

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

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

26 than 5 years and no more than 15 years.

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

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

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

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

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

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

7 residential property owned, operated, or managed by a

8 public housing agency or leased by a public housing agency

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

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

11 property comprising any courthouse, or on any public way

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

13 public park, courthouse, or residential property owned,

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

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

16 mixed-income development commits a Class 2 felony.

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

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

19 commits a Class A misdemeanor. A second or subsequent

20 violation is a Class 4 felony.

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

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

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

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

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

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

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1 subsection (A) is a Class 1 felony.

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

3 unlawful sale or delivery of firearms in violation of

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

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

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

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

8 to exceed the maximum provided for the most serious

9 forcible felony so committed or attempted by the person

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

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

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

13 commits a Class 3 felony.

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

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

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

17 Any person convicted of unlawful sale or delivery of

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

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

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

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

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

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

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

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

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

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

2 person convicted of unlawful sale or delivery of firearms

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

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

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

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

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

8 year period. Any person convicted of unlawful sale or

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

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

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

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

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

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

15 of unlawful sale or delivery of firearms in violation of

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

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

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

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

20 time or within a 5 year period.

21 (D) For purposes of this Section:

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

23 school, community college, college, or university.

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

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

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

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1 part by a school or school district.

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

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

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

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

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

7 after the commission of the offense defined in the particular

8 paragraph.

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

10 99-143, eff. 7-27-15; 99-642, eff. 7-28-16.)

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

12 becoming law.

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INDEX

Statutes amended in order of appearance