|
Rep. Brandon W. Phelps
Filed: 5/29/2016
| | 09900SB0206ham002 | | LRB099 03366 SLF 49406 a |
|
|
| 1 | | AMENDMENT TO SENATE BILL 206
|
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 206 by replacing |
| 3 | | everything after the enacting clause with the following:
|
| 4 | | "Section 5. The Wildlife Code is amended by changing |
| 5 | | Section 2.33 as follows:
|
| 6 | | (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
|
| 7 | | Sec. 2.33. Prohibitions.
|
| 8 | | (a) It is unlawful to carry or possess any gun in any
State |
| 9 | | refuge unless otherwise permitted by administrative rule.
|
| 10 | | (b) It is unlawful to use or possess any snare or |
| 11 | | snare-like device,
deadfall, net, or pit trap to take any |
| 12 | | species, except that snares not
powered by springs or other |
| 13 | | mechanical devices may be used to trap
fur-bearing mammals, in |
| 14 | | water sets only, if at least one-half of the snare
noose is |
| 15 | | located underwater at all times.
|
| 16 | | (c) It is unlawful for any person at any time to take a |
|
| | 09900SB0206ham002 | - 2 - | LRB099 03366 SLF 49406 a |
|
|
|
| 1 | | wild mammal
protected by this Act from its den by means of any |
| 2 | | mechanical device,
spade, or digging device or to use smoke or |
| 3 | | other gases to dislodge or
remove such mammal except as |
| 4 | | provided in Section 2.37.
|
| 5 | | (d) It is unlawful to use a ferret or any other small |
| 6 | | mammal which is
used in the same or similar manner for which |
| 7 | | ferrets are used for the
purpose of frightening or driving any |
| 8 | | mammals from their dens or hiding places.
|
| 9 | | (e) (Blank).
|
| 10 | | (f) It is unlawful to use spears, gigs, hooks or any like |
| 11 | | device to
take any species protected by this Act.
|
| 12 | | (g) It is unlawful to use poisons, chemicals or explosives |
| 13 | | for the
purpose of taking any species protected by this Act.
|
| 14 | | (h) It is unlawful to hunt adjacent to or near any peat, |
| 15 | | grass,
brush or other inflammable substance when it is burning.
|
| 16 | | (i) It is unlawful to take, pursue or intentionally harass |
| 17 | | or disturb
in any manner any wild birds or mammals by use or |
| 18 | | aid of any vehicle or
conveyance, except as permitted by the |
| 19 | | Code of Federal Regulations for the
taking of waterfowl. It is |
| 20 | | also unlawful to use the lights of any vehicle
or conveyance or |
| 21 | | any light from or any light connected to the
vehicle or |
| 22 | | conveyance in any area where wildlife may be found except in
|
| 23 | | accordance with Section 2.37 of this Act; however, nothing in |
| 24 | | this
Section shall prohibit the normal use of headlamps for the |
| 25 | | purpose of driving
upon a roadway. Striped skunk, opossum, red |
| 26 | | fox, gray
fox, raccoon, bobcat, and coyote may be taken during |
|
| | 09900SB0206ham002 | - 3 - | LRB099 03366 SLF 49406 a |
|
|
|
| 1 | | the open season by use of a small
light which is worn on the |
| 2 | | body or hand-held by a person on foot and not in any
vehicle.
|
| 3 | | (j) It is unlawful to use any shotgun larger than 10 gauge |
| 4 | | while
taking or attempting to take any of the species protected |
| 5 | | by this Act.
|
| 6 | | (k) It is unlawful to use or possess in the field any |
| 7 | | shotgun shell loaded
with a shot size larger than lead BB or |
| 8 | | steel T (.20 diameter) when taking or
attempting to take any |
| 9 | | species of wild game mammals (excluding white-tailed
deer), |
| 10 | | wild game birds, migratory waterfowl or migratory game birds |
| 11 | | protected
by this Act, except white-tailed deer as provided for |
| 12 | | in Section 2.26 and other
species as provided for by subsection |
| 13 | | (l) or administrative rule.
|
| 14 | | (l) It is unlawful to take any species of wild game, except
|
| 15 | | white-tailed deer and fur-bearing mammals, with a shotgun |
| 16 | | loaded with slugs unless otherwise
provided for by |
| 17 | | administrative rule.
|
| 18 | | (m) It is unlawful to use any shotgun capable of holding |
| 19 | | more than 3
shells in the magazine or chamber combined, except |
| 20 | | on game breeding and
hunting preserve areas licensed under |
| 21 | | Section 3.27 and except as permitted by
the Code of Federal |
| 22 | | Regulations for the taking of waterfowl. If the shotgun
is |
| 23 | | capable of holding more than 3 shells, it shall, while being |
| 24 | | used on an
area other than a game breeding and shooting |
| 25 | | preserve area licensed
pursuant to Section 3.27, be fitted with |
| 26 | | a one piece plug that is
irremovable without dismantling the |
|
| | 09900SB0206ham002 | - 4 - | LRB099 03366 SLF 49406 a |
|
|
|
| 1 | | shotgun or otherwise altered to
render it incapable of holding |
| 2 | | more than 3 shells in the magazine and
chamber, combined.
|
| 3 | | (n) It is unlawful for any person, except persons who |
| 4 | | possess a permit to
hunt from a vehicle as provided in this |
| 5 | | Section and persons otherwise permitted
by law, to have or |
| 6 | | carry any gun in or on any vehicle, conveyance or aircraft,
|
| 7 | | unless such gun is unloaded and enclosed in a case, except that |
| 8 | | at field trials
authorized by Section 2.34 of this Act, |
| 9 | | unloaded guns or guns loaded with blank
cartridges only, may be |
| 10 | | carried on horseback while not contained in a case, or
to have |
| 11 | | or carry any bow or arrow device in or on any vehicle unless |
| 12 | | such bow
or arrow device is unstrung or enclosed in a case, or |
| 13 | | otherwise made
inoperable.
|
| 14 | | (o) It is unlawful to use any crossbow for the purpose of |
| 15 | | taking any
wild birds or mammals, except as provided for in |
| 16 | | Section 2.5.
|
| 17 | | (p) It is unlawful to take game birds, migratory game birds |
| 18 | | or
migratory waterfowl with a rifle, pistol, revolver or |
| 19 | | airgun.
|
| 20 | | (q) It is unlawful to fire a rifle, pistol, revolver or |
| 21 | | airgun on,
over or into any waters of this State, including |
| 22 | | frozen waters.
|
| 23 | | (r) It is unlawful to discharge any gun or bow and arrow |
| 24 | | device
along, upon, across, or from any public right-of-way or |
| 25 | | highway in this State.
|
| 26 | | (s) (Blank) It is unlawful to use a silencer or other |
|
| | 09900SB0206ham002 | - 5 - | LRB099 03366 SLF 49406 a |
|
|
|
| 1 | | device to muffle or
mute the sound of the explosion or report |
| 2 | | resulting from the firing of
any gun.
|
| 3 | | (t) It is unlawful for any person to take or attempt to |
| 4 | | take any species of wildlife or parts thereof, intentionally or |
| 5 | | wantonly allow a dog to
hunt, within or upon the land of |
| 6 | | another, or upon waters flowing over or
standing on the land of |
| 7 | | another, or to knowingly shoot a gun or bow and arrow device at |
| 8 | | any wildlife physically on or flying over the property of |
| 9 | | another without first obtaining permission from
the owner or |
| 10 | | the owner's designee. For the purposes of this Section, the |
| 11 | | owner's designee means anyone who the owner designates in a |
| 12 | | written authorization and the authorization must contain (i) |
| 13 | | the legal or common description of property for such authority |
| 14 | | is given, (ii) the extent that the owner's designee is |
| 15 | | authorized to make decisions regarding who is allowed to take |
| 16 | | or attempt to take any species of wildlife or parts thereof, |
| 17 | | and (iii) the owner's notarized signature. Before enforcing |
| 18 | | this
Section the law enforcement officer must have received |
| 19 | | notice from the
owner or the owner's designee of a violation of |
| 20 | | this Section. Statements made to the
law enforcement officer |
| 21 | | regarding this notice shall not be rendered
inadmissible by the |
| 22 | | hearsay rule when offered for the purpose of showing the
|
| 23 | | required notice.
|
| 24 | | (u) It is unlawful for any person to discharge any firearm |
| 25 | | for the purpose
of taking any of the species protected by this |
| 26 | | Act, or hunt with gun or
dog, or intentionally or wantonly |
|
| | 09900SB0206ham002 | - 6 - | LRB099 03366 SLF 49406 a |
|
|
|
| 1 | | allow a dog to hunt, within 300 yards of an inhabited dwelling |
| 2 | | without
first obtaining permission from the owner or tenant, |
| 3 | | except that while
trapping, hunting with bow and arrow, hunting |
| 4 | | with dog and shotgun using shot
shells only, or hunting with |
| 5 | | shotgun using shot shells only, or providing outfitting |
| 6 | | services under a waterfowl outfitter permit, or
on licensed |
| 7 | | game breeding and hunting preserve areas, as defined in Section
|
| 8 | | 3.27, on
federally owned and managed lands and on Department |
| 9 | | owned, managed, leased, or
controlled lands, a 100 yard |
| 10 | | restriction shall apply.
|
| 11 | | (v) It is unlawful for any person to remove fur-bearing |
| 12 | | mammals from, or
to move or disturb in any manner, the traps |
| 13 | | owned by another person without
written authorization of the |
| 14 | | owner to do so.
|
| 15 | | (w) It is unlawful for any owner of a dog to knowingly or |
| 16 | | wantonly allow
his or her dog to pursue, harass or kill deer, |
| 17 | | except that nothing in this Section shall prohibit the tracking |
| 18 | | of wounded deer with a dog in accordance with the provisions of |
| 19 | | Section 2.26 of this Code.
|
| 20 | | (x) It is unlawful for any person to wantonly or carelessly |
| 21 | | injure
or destroy, in any manner whatsoever, any real or |
| 22 | | personal property on
the land of another while engaged in |
| 23 | | hunting or trapping thereon.
|
| 24 | | (y) It is unlawful to hunt wild game protected by this Act |
| 25 | | between one
half hour after sunset and one half hour before |
| 26 | | sunrise, except that
hunting hours between one half hour after |
|
| | 09900SB0206ham002 | - 7 - | LRB099 03366 SLF 49406 a |
|
|
|
| 1 | | sunset and one half hour
before sunrise may be established by |
| 2 | | administrative rule for fur-bearing
mammals.
|
| 3 | | (z) It is unlawful to take any game bird (excluding wild |
| 4 | | turkeys and
crippled pheasants not capable of normal flight and |
| 5 | | otherwise irretrievable)
protected by this Act when not flying. |
| 6 | | Nothing in this Section shall prohibit
a person from carrying |
| 7 | | an uncased, unloaded shotgun in a boat, while in pursuit
of a |
| 8 | | crippled migratory waterfowl that is incapable of normal |
| 9 | | flight, for the
purpose of attempting to reduce the migratory |
| 10 | | waterfowl to possession, provided
that the attempt is made |
| 11 | | immediately upon downing the migratory waterfowl and
is done |
| 12 | | within 400 yards of the blind from which the migratory |
| 13 | | waterfowl was
downed. This exception shall apply only to |
| 14 | | migratory game birds that are not
capable of normal flight. |
| 15 | | Migratory waterfowl that are crippled may be taken
only with a |
| 16 | | shotgun as regulated by subsection (j) of this Section using
|
| 17 | | shotgun shells as regulated in subsection (k) of this Section.
|
| 18 | | (aa) It is unlawful to use or possess any device that may |
| 19 | | be used for
tree climbing or cutting, while hunting fur-bearing |
| 20 | | mammals, excluding coyotes.
|
| 21 | | (bb) It is unlawful for any person, except licensed game |
| 22 | | breeders,
pursuant to Section 2.29 to import, carry into, or |
| 23 | | possess alive in this
State any species of wildlife taken |
| 24 | | outside of this State, without
obtaining permission to do so |
| 25 | | from the Director.
|
| 26 | | (cc) It is unlawful for any person to have in his or her
|
|
| | 09900SB0206ham002 | - 8 - | LRB099 03366 SLF 49406 a |
|
|
|
| 1 | | possession any freshly killed species protected by this Act |
| 2 | | during the season
closed for taking.
|
| 3 | | (dd) It is unlawful to take any species protected by this |
| 4 | | Act and retain
it alive except as provided by administrative |
| 5 | | rule.
|
| 6 | | (ee) It is unlawful to possess any rifle while in the field |
| 7 | | during gun
deer season except as provided in Section 2.26 and |
| 8 | | administrative rules.
|
| 9 | | (ff) It is unlawful for any person to take any species |
| 10 | | protected by
this Act, except migratory waterfowl, during the |
| 11 | | gun deer hunting season in
those counties open to gun deer |
| 12 | | hunting, unless he or she wears, when in
the field, a cap and |
| 13 | | upper outer garment of a solid blaze orange color, with
such |
| 14 | | articles of clothing displaying a minimum of 400 square inches |
| 15 | | of
blaze orange material.
|
| 16 | | (gg) It is unlawful during the upland game season for any |
| 17 | | person to take
upland game with a firearm unless he or she |
| 18 | | wears, while in the field, a
cap of solid blaze orange color. |
| 19 | | For purposes of this Act, upland game is
defined as Bobwhite |
| 20 | | Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
|
| 21 | | Cottontail and Swamp Rabbit.
|
| 22 | | (hh) It shall be unlawful to kill or cripple any species |
| 23 | | protected by
this Act for which there is a bag limit without |
| 24 | | making a reasonable
effort to retrieve such species and include |
| 25 | | such in the bag limit. It shall be unlawful for any person |
| 26 | | having control over harvested game mammals, game birds, or |
|
| | 09900SB0206ham002 | - 9 - | LRB099 03366 SLF 49406 a |
|
|
|
| 1 | | migratory game birds for which there is a bag limit to wantonly |
| 2 | | waste or destroy the usable meat of the game, except this shall |
| 3 | | not apply to wildlife taken under Sections 2.37 or 3.22 of this |
| 4 | | Code. For purposes of this subsection, "usable meat" means the |
| 5 | | breast meat of a game bird or migratory game bird and the hind |
| 6 | | ham and front shoulders of a game mammal. It shall be unlawful |
| 7 | | for any person to place, leave, dump, or abandon a wildlife |
| 8 | | carcass or parts of it along or upon a public right-of-way or |
| 9 | | highway or on public or private property, including a waterway |
| 10 | | or stream, without the permission of the owner or tenant. It |
| 11 | | shall not be unlawful to discard game meat that is determined |
| 12 | | to be unfit for human consumption.
|
| 13 | | (ii) This Section shall apply only to those species |
| 14 | | protected by this
Act taken within the State. Any species or |
| 15 | | any parts thereof, legally taken
in and transported from other |
| 16 | | states or countries, may be possessed
within the State, except |
| 17 | | as provided in this Section and Sections 2.35, 2.36
and 3.21.
|
| 18 | | (jj) (Blank).
|
| 19 | | (kk) Nothing contained in this Section shall prohibit the |
| 20 | | Director
from issuing permits to paraplegics or to other |
| 21 | | persons with disabilities who meet the
requirements set forth |
| 22 | | in administrative rule to shoot or hunt from a vehicle
as |
| 23 | | provided by that rule, provided that such is otherwise in |
| 24 | | accord with this
Act.
|
| 25 | | (ll) Nothing contained in this Act shall prohibit the |
| 26 | | taking of aquatic
life protected by the Fish and Aquatic Life |
|
| | 09900SB0206ham002 | - 10 - | LRB099 03366 SLF 49406 a |
|
|
|
| 1 | | Code or birds and mammals
protected by this Act, except deer |
| 2 | | and fur-bearing mammals, from a boat not
camouflaged or |
| 3 | | disguised to alter its identity or to further provide a place
|
| 4 | | of concealment and not propelled by sail or mechanical power. |
| 5 | | However, only
shotguns not larger than 10 gauge nor smaller |
| 6 | | than .410 bore loaded with not
more than 3 shells of a shot |
| 7 | | size no larger than lead BB or steel T (.20
diameter) may be |
| 8 | | used to take species protected by this Act.
|
| 9 | | (mm) Nothing contained in this Act shall prohibit the use |
| 10 | | of a shotgun,
not larger than 10 gauge nor smaller than a 20 |
| 11 | | gauge, with a rifled barrel.
|
| 12 | | (nn) It shall be unlawful to possess any species of |
| 13 | | wildlife or wildlife parts taken unlawfully in Illinois, any |
| 14 | | other state, or any other country, whether or not the wildlife |
| 15 | | or wildlife parts is indigenous to Illinois. For the purposes |
| 16 | | of this subsection, the statute of limitations for unlawful |
| 17 | | possession of wildlife or wildlife parts shall not cease until |
| 18 | | 2 years after the possession has permanently ended. |
| 19 | | (Source: P.A. 98-119, eff. 1-1-14; 98-181, eff. 8-5-13; 98-183, |
| 20 | | eff. 1-1-14; 98-290, eff. 8-9-13; 98-756, eff. 7-16-14; 98-914, |
| 21 | | eff. 1-1-15; 99-33, eff. 1-1-16; 99-143, eff. 7-27-15; revised |
| 22 | | 10-20-15.)
|
| 23 | | Section 10. The Criminal Code of 2012 is amended by |
| 24 | | changing Section 24-1 and 24-3 as follows:
|
|
| | 09900SB0206ham002 | - 11 - | LRB099 03366 SLF 49406 a |
|
|
|
| 1 | | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
|
| 2 | | Sec. 24-1. Unlawful use of weapons.
|
| 3 | | (a) A person commits the offense of unlawful use of weapons |
| 4 | | when
he knowingly:
|
| 5 | | (1) Sells, manufactures, purchases, possesses or |
| 6 | | carries any bludgeon,
black-jack, slung-shot, sand-club, |
| 7 | | sand-bag, metal knuckles or other knuckle weapon |
| 8 | | regardless of its composition, throwing star,
or any knife, |
| 9 | | commonly referred to as a switchblade knife, which has a
|
| 10 | | blade that opens automatically by hand pressure applied to |
| 11 | | a button,
spring or other device in the handle of the |
| 12 | | knife, or a ballistic knife,
which is a device that propels |
| 13 | | a knifelike blade as a projectile by means
of a coil |
| 14 | | spring, elastic material or compressed gas; or
|
| 15 | | (2) Carries or possesses with intent to use the same |
| 16 | | unlawfully
against another, a dagger, dirk, billy, |
| 17 | | dangerous knife, razor,
stiletto, broken bottle or other |
| 18 | | piece of glass, stun gun or taser or
any other dangerous or |
| 19 | | deadly weapon or instrument of like character; or
|
| 20 | | (3) Carries on or about his person or in any vehicle, a |
| 21 | | tear gas gun
projector or bomb or any object containing |
| 22 | | noxious liquid gas or
substance, other than an object |
| 23 | | containing a non-lethal noxious liquid gas
or substance |
| 24 | | designed solely for personal defense carried by a person 18
|
| 25 | | years of age or older; or
|
| 26 | | (4) Carries or possesses in any vehicle or concealed on |
|
| | 09900SB0206ham002 | - 12 - | LRB099 03366 SLF 49406 a |
|
|
|
| 1 | | or about his
person except when on his land or in his own |
| 2 | | abode, legal dwelling, or fixed place of
business, or on |
| 3 | | the land or in the legal dwelling of another person as an |
| 4 | | invitee with that person's permission, any pistol, |
| 5 | | revolver, stun gun or taser or other firearm, except
that
|
| 6 | | this subsection (a) (4) does not apply to or affect |
| 7 | | transportation of weapons
that meet one of the following |
| 8 | | conditions:
|
| 9 | | (i) are broken down in a non-functioning state; or
|
| 10 | | (ii) are not immediately accessible; or
|
| 11 | | (iii) are unloaded and enclosed in a case, firearm |
| 12 | | carrying box,
shipping box, or other container by a |
| 13 | | person who has been issued a currently
valid Firearm |
| 14 | | Owner's
Identification Card; or |
| 15 | | (iv) are carried or possessed in accordance with |
| 16 | | the Firearm Concealed Carry Act by a person who has |
| 17 | | been issued a currently valid license under the Firearm |
| 18 | | Concealed Carry Act; or
|
| 19 | | (5) Sets a spring gun; or
|
| 20 | | (6) Uses, attaches, or possesses with the intent to use |
| 21 | | or attach Possesses any device or attachment of any kind |
| 22 | | for designed, used or
intended for use in silencing the |
| 23 | | report of any handgun, unless the use, attachment, or |
| 24 | | possession with the intent to use the device or attachment |
| 25 | | is on the premises of a firing or shooting range; or |
| 26 | | possesses any device or attachment of any kind designed, |
|
| | 09900SB0206ham002 | - 13 - | LRB099 03366 SLF 49406 a |
|
|
|
| 1 | | used, or intended for use in silencing the report of any |
| 2 | | other firearm if the device or attachment is not possessed |
| 3 | | in compliance with the National Firearms Act firearm; or
|
| 4 | | (7) Sells, manufactures, purchases, possesses or |
| 5 | | carries:
|
| 6 | | (i) a machine gun, which shall be defined for the |
| 7 | | purposes of this
subsection as any weapon,
which |
| 8 | | shoots, is designed to shoot, or can be readily |
| 9 | | restored to shoot,
automatically more than one shot |
| 10 | | without manually reloading by a single
function of the |
| 11 | | trigger, including the frame or receiver
of any such |
| 12 | | weapon, or sells, manufactures, purchases, possesses, |
| 13 | | or
carries any combination of parts designed or |
| 14 | | intended for
use in converting any weapon into a |
| 15 | | machine gun, or any combination or
parts from which a |
| 16 | | machine gun can be assembled if such parts are in the
|
| 17 | | possession or under the control of a person;
|
| 18 | | (ii) any rifle having one or
more barrels less than |
| 19 | | 16 inches in length or a shotgun having one or more
|
| 20 | | barrels less than 18 inches in length or any weapon |
| 21 | | made from a rifle or
shotgun, whether by alteration, |
| 22 | | modification, or otherwise, if such a weapon
as |
| 23 | | modified has an overall length of less than 26 inches; |
| 24 | | or
|
| 25 | | (iii) any
bomb, bomb-shell, grenade, bottle or |
| 26 | | other container containing an
explosive substance of |
|
| | 09900SB0206ham002 | - 14 - | LRB099 03366 SLF 49406 a |
|
|
|
| 1 | | over one-quarter ounce for like purposes, such
as, but |
| 2 | | not limited to, black powder bombs and Molotov |
| 3 | | cocktails or
artillery projectiles; or
|
| 4 | | (8) Carries or possesses any firearm, stun gun or taser |
| 5 | | or other
deadly weapon in any place which is licensed to |
| 6 | | sell intoxicating
beverages, or at any public gathering |
| 7 | | held pursuant to a license issued
by any governmental body |
| 8 | | or any public gathering at which an admission
is charged, |
| 9 | | excluding a place where a showing, demonstration or lecture
|
| 10 | | involving the exhibition of unloaded firearms is |
| 11 | | conducted.
|
| 12 | | This subsection (a)(8) does not apply to any auction or |
| 13 | | raffle of a firearm
held pursuant to
a license or permit |
| 14 | | issued by a governmental body, nor does it apply to persons
|
| 15 | | engaged
in firearm safety training courses; or
|
| 16 | | (9) Carries or possesses in a vehicle or on or about |
| 17 | | his person any
pistol, revolver, stun gun or taser or |
| 18 | | firearm or ballistic knife, when
he is hooded, robed or |
| 19 | | masked in such manner as to conceal his identity; or
|
| 20 | | (10) Carries or possesses on or about his person, upon |
| 21 | | any public street,
alley, or other public lands within the |
| 22 | | corporate limits of a city, village
or incorporated town, |
| 23 | | except when an invitee thereon or therein, for the
purpose |
| 24 | | of the display of such weapon or the lawful commerce in |
| 25 | | weapons, or
except when on his land or in his own abode, |
| 26 | | legal dwelling, or fixed place of business, or on the land |
|
| | 09900SB0206ham002 | - 15 - | LRB099 03366 SLF 49406 a |
|
|
|
| 1 | | or in the legal dwelling of another person as an invitee |
| 2 | | with that person's permission, any
pistol, revolver, stun |
| 3 | | gun or taser or other firearm, except that this
subsection |
| 4 | | (a) (10) does not apply to or affect transportation of |
| 5 | | weapons that
meet one of the following conditions:
|
| 6 | | (i) are broken down in a non-functioning state; or
|
| 7 | | (ii) are not immediately accessible; or
|
| 8 | | (iii) are unloaded and enclosed in a case, firearm |
| 9 | | carrying box,
shipping box, or other container by a |
| 10 | | person who has been issued a currently
valid Firearm |
| 11 | | Owner's
Identification Card; or
|
| 12 | | (iv) are carried or possessed in accordance with |
| 13 | | the Firearm Concealed Carry Act by a person who has |
| 14 | | been issued a currently valid license under the Firearm |
| 15 | | Concealed Carry Act. |
| 16 | | A "stun gun or taser", as used in this paragraph (a) |
| 17 | | means (i) any device
which is powered by electrical |
| 18 | | charging units, such as, batteries, and
which fires one or |
| 19 | | several barbs attached to a length of wire and
which, upon |
| 20 | | hitting a human, can send out a current capable of |
| 21 | | disrupting
the person's nervous system in such a manner as |
| 22 | | to render him incapable of
normal functioning or (ii) any |
| 23 | | device which is powered by electrical
charging units, such |
| 24 | | as batteries, and which, upon contact with a human or
|
| 25 | | clothing worn by a human, can send out current capable of |
| 26 | | disrupting
the person's nervous system in such a manner as |
|
| | 09900SB0206ham002 | - 16 - | LRB099 03366 SLF 49406 a |
|
|
|
| 1 | | to render him incapable
of normal functioning; or
|
| 2 | | (11) Sells, manufactures or purchases any explosive |
| 3 | | bullet. For purposes
of this paragraph (a) "explosive |
| 4 | | bullet" means the projectile portion of
an ammunition |
| 5 | | cartridge which contains or carries an explosive charge |
| 6 | | which
will explode upon contact with the flesh of a human |
| 7 | | or an animal.
"Cartridge" means a tubular metal case having |
| 8 | | a projectile affixed at the
front thereof and a cap or |
| 9 | | primer at the rear end thereof, with the
propellant |
| 10 | | contained in such tube between the projectile and the cap; |
| 11 | | or
|
| 12 | | (12) (Blank); or
|
| 13 | | (13) Carries or possesses on or about his or her person |
| 14 | | while in a building occupied by a unit of government, a |
| 15 | | billy club, other weapon of like character, or other |
| 16 | | instrument of like character intended for use as a weapon. |
| 17 | | For the purposes of this Section, "billy club" means a |
| 18 | | short stick or club commonly carried by police officers |
| 19 | | which is either telescopic or constructed of a solid piece |
| 20 | | of wood or other man-made material. |
| 21 | | (b) Sentence. A person convicted of a violation of |
| 22 | | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
|
| 23 | | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a |
| 24 | | Class A
misdemeanor.
A person convicted of a violation of |
| 25 | | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a |
| 26 | | person
convicted of a violation of subsection 24-1(a)(6) or |
|
| | 09900SB0206ham002 | - 17 - | LRB099 03366 SLF 49406 a |
|
|
|
| 1 | | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person |
| 2 | | convicted of a violation of subsection
24-1(a)(7)(i) commits a |
| 3 | | Class 2 felony and shall be sentenced to a term of imprisonment |
| 4 | | of not less than 3 years and not more than 7 years, unless the |
| 5 | | weapon is possessed in the
passenger compartment of a motor |
| 6 | | vehicle as defined in Section 1-146 of the
Illinois Vehicle |
| 7 | | Code, or on the person, while the weapon is loaded, in which
|
| 8 | | case it shall be a Class X felony. A person convicted of a
|
| 9 | | second or subsequent violation of subsection 24-1(a)(4), |
| 10 | | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 |
| 11 | | felony. The possession of each weapon in violation of this |
| 12 | | Section constitutes a single and separate violation.
|
| 13 | | (c) Violations in specific places.
|
| 14 | | (1) A person who violates subsection 24-1(a)(6) or |
| 15 | | 24-1(a)(7) in any
school, regardless of the time of day or |
| 16 | | the time of year, in residential
property owned, operated |
| 17 | | or managed by a public housing agency or
leased by
a public |
| 18 | | housing agency as part of a scattered site or mixed-income
|
| 19 | | development, in a
public park, in a courthouse, on the real |
| 20 | | property comprising any school,
regardless of the
time of |
| 21 | | day or the time of year, on residential property owned, |
| 22 | | operated
or
managed by a public housing agency
or leased by |
| 23 | | a public housing agency as part of a scattered site or
|
| 24 | | mixed-income development,
on the real property comprising |
| 25 | | any
public park, on the real property comprising any |
| 26 | | courthouse, in any conveyance
owned, leased or contracted |
|
| | 09900SB0206ham002 | - 18 - | LRB099 03366 SLF 49406 a |
|
|
|
| 1 | | by a school to
transport students to or from school or a |
| 2 | | school related activity, in any conveyance
owned, leased, |
| 3 | | or contracted by a public transportation agency, or on any
|
| 4 | | public way within 1,000 feet of the real property |
| 5 | | comprising any school,
public park, courthouse, public |
| 6 | | transportation facility, or residential property owned, |
| 7 | | operated, or managed
by a public housing agency
or leased |
| 8 | | by a public housing agency as part of a scattered site or
|
| 9 | | mixed-income development
commits a Class 2 felony and shall |
| 10 | | be sentenced to a term of imprisonment of not less than 3 |
| 11 | | years and not more than 7 years.
|
| 12 | | (1.5) A person who violates subsection 24-1(a)(4), |
| 13 | | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the |
| 14 | | time of day or the time of year,
in residential property |
| 15 | | owned, operated, or managed by a public
housing
agency
or |
| 16 | | leased by a public housing agency as part of a scattered |
| 17 | | site or
mixed-income development,
in
a public
park, in a |
| 18 | | courthouse, on the real property comprising any school, |
| 19 | | regardless
of the time of day or the time of year, on |
| 20 | | residential property owned,
operated, or managed by a |
| 21 | | public housing agency
or leased by a public housing agency |
| 22 | | as part of a scattered site or
mixed-income development,
on |
| 23 | | the real property
comprising any public park, on the real |
| 24 | | property comprising any courthouse, in
any conveyance |
| 25 | | owned, leased, or contracted by a school to transport |
| 26 | | students
to or from school or a school related activity, in |
|
| | 09900SB0206ham002 | - 19 - | LRB099 03366 SLF 49406 a |
|
|
|
| 1 | | any conveyance
owned, leased, or contracted by a public |
| 2 | | transportation agency, or on any public way within
1,000 |
| 3 | | feet of the real property comprising any school, public |
| 4 | | park, courthouse,
public transportation facility, or |
| 5 | | residential property owned, operated, or managed by a |
| 6 | | public
housing agency
or leased by a public housing agency |
| 7 | | as part of a scattered site or
mixed-income development
|
| 8 | | commits a Class 3 felony.
|
| 9 | | (2) A person who violates subsection 24-1(a)(1), |
| 10 | | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the |
| 11 | | time of day or the time of year, in
residential property |
| 12 | | owned, operated or managed by a public housing
agency
or |
| 13 | | leased by a public housing agency as part of a scattered |
| 14 | | site or
mixed-income development,
in
a public park, in a |
| 15 | | courthouse, on the real property comprising any school,
|
| 16 | | regardless of the time of day or the time of year, on |
| 17 | | residential property
owned, operated or managed by a public |
| 18 | | housing agency
or leased by a public housing agency as part |
| 19 | | of a scattered site or
mixed-income development,
on the |
| 20 | | real property
comprising any public park, on the real |
| 21 | | property comprising any courthouse, in
any conveyance |
| 22 | | owned, leased or contracted by a school to transport |
| 23 | | students
to or from school or a school related activity, in |
| 24 | | any conveyance
owned, leased, or contracted by a public |
| 25 | | transportation agency, or on any public way within
1,000 |
| 26 | | feet of the real property comprising any school, public |
|
| | 09900SB0206ham002 | - 20 - | LRB099 03366 SLF 49406 a |
|
|
|
| 1 | | park, courthouse,
public transportation facility, or |
| 2 | | residential property owned, operated, or managed by a |
| 3 | | public
housing agency or leased by a public housing agency |
| 4 | | as part of a scattered
site or mixed-income development |
| 5 | | commits a Class 4 felony. "Courthouse"
means any building |
| 6 | | that is used by the Circuit, Appellate, or Supreme Court of
|
| 7 | | this State for the conduct of official business.
|
| 8 | | (3) Paragraphs (1), (1.5), and (2) of this subsection |
| 9 | | (c) shall not
apply to law
enforcement officers or security |
| 10 | | officers of such school, college, or
university or to |
| 11 | | students carrying or possessing firearms for use in |
| 12 | | training
courses, parades, hunting, target shooting on |
| 13 | | school ranges, or otherwise with
the consent of school |
| 14 | | authorities and which firearms are transported unloaded
|
| 15 | | enclosed in a suitable case, box, or transportation |
| 16 | | package.
|
| 17 | | (4) For the purposes of this subsection (c), "school" |
| 18 | | means any public or
private elementary or secondary school, |
| 19 | | community college, college, or
university.
|
| 20 | | (5) For the purposes of this subsection (c), "public |
| 21 | | transportation agency" means a public or private agency |
| 22 | | that provides for the transportation or conveyance of
|
| 23 | | persons by means available to the general public, except |
| 24 | | for transportation
by automobiles not used for conveyance |
| 25 | | of the general public as passengers; and "public |
| 26 | | transportation facility" means a terminal or other place
|
|
| | 09900SB0206ham002 | - 21 - | LRB099 03366 SLF 49406 a |
|
|
|
| 1 | | where one may obtain public transportation.
|
| 2 | | (d) The presence in an automobile other than a public |
| 3 | | omnibus of any
weapon, instrument or substance referred to in |
| 4 | | subsection (a)(7) is
prima facie evidence that it is in the |
| 5 | | possession of, and is being
carried by, all persons occupying |
| 6 | | such automobile at the time such
weapon, instrument or |
| 7 | | substance is found, except under the following
circumstances: |
| 8 | | (i) if such weapon, instrument or instrumentality is
found upon |
| 9 | | the person of one of the occupants therein; or (ii) if such
|
| 10 | | weapon, instrument or substance is found in an automobile |
| 11 | | operated for
hire by a duly licensed driver in the due, lawful |
| 12 | | and proper pursuit of
his trade, then such presumption shall |
| 13 | | not apply to the driver.
|
| 14 | | (e) Exemptions. Crossbows, Common or Compound bows and |
| 15 | | Underwater
Spearguns are exempted from the definition of |
| 16 | | ballistic knife as defined in
paragraph (1) of subsection (a) |
| 17 | | of this Section.
|
| 18 | | (Source: P.A. 99-29, eff. 7-10-15.)
|
| 19 | | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
|
| 20 | | Sec. 24-3. Unlawful sale or delivery of firearms.
|
| 21 | | (A) A person commits the offense of unlawful sale or |
| 22 | | delivery of firearms when he
or she knowingly does any of the |
| 23 | | following:
|
| 24 | | (a) Sells or gives any firearm of a size which may be |
| 25 | | concealed upon the
person to any person under 18 years of |
|
| | 09900SB0206ham002 | - 22 - | LRB099 03366 SLF 49406 a |
|
|
|
| 1 | | age.
|
| 2 | | (b) Sells or gives any firearm to a person under 21 |
| 3 | | years of age who has
been convicted of a misdemeanor other |
| 4 | | than a traffic offense or adjudged
delinquent.
|
| 5 | | (c) Sells or gives any firearm to any narcotic addict.
|
| 6 | | (d) Sells or gives any firearm to any person who has |
| 7 | | been convicted of a
felony under the laws of this or any |
| 8 | | other jurisdiction.
|
| 9 | | (e) Sells or gives any firearm to any person who has |
| 10 | | been a patient in a
mental institution within the past 5 |
| 11 | | years. In this subsection (e): |
| 12 | | "Mental institution" means any hospital, |
| 13 | | institution, clinic, evaluation facility, mental |
| 14 | | health center, or part thereof, which is used primarily |
| 15 | | for the care or treatment of persons with mental |
| 16 | | illness. |
| 17 | | "Patient in a mental institution" means the person |
| 18 | | was admitted, either voluntarily or involuntarily, to |
| 19 | | a mental institution for mental health treatment, |
| 20 | | unless the treatment was voluntary and solely for an |
| 21 | | alcohol abuse disorder and no other secondary |
| 22 | | substance abuse disorder or mental illness.
|
| 23 | | (f) Sells or gives any firearms to any person who is a |
| 24 | | person with an intellectual disability.
|
| 25 | | (g) Delivers any firearm of a size which may be |
| 26 | | concealed upon the
person, incidental to a sale, without |
|
| | 09900SB0206ham002 | - 23 - | LRB099 03366 SLF 49406 a |
|
|
|
| 1 | | withholding delivery of such firearm
for at least 72 hours |
| 2 | | after application for its purchase has been made, or
|
| 3 | | delivers any rifle, shotgun or other long gun, or a stun |
| 4 | | gun or taser, incidental to a sale,
without withholding |
| 5 | | delivery of such rifle, shotgun or other long gun, or a |
| 6 | | stun gun or taser for
at least 24 hours after application |
| 7 | | for its purchase has been made.
However,
this paragraph (g) |
| 8 | | does not apply to: (1) the sale of a firearm
to a law |
| 9 | | enforcement officer if the seller of the firearm knows that |
| 10 | | the person to whom he or she is selling the firearm is a |
| 11 | | law enforcement officer or the sale of a firearm to a |
| 12 | | person who desires to purchase a firearm for
use in |
| 13 | | promoting the public interest incident to his or her |
| 14 | | employment as a
bank guard, armed truck guard, or other |
| 15 | | similar employment; (2) a mail
order sale of a firearm from |
| 16 | | a federally licensed firearms dealer to a nonresident of |
| 17 | | Illinois under which the firearm
is mailed to a federally |
| 18 | | licensed firearms dealer outside the boundaries of |
| 19 | | Illinois; (3) the sale
of a firearm to a nonresident of |
| 20 | | Illinois while at a firearm showing or display
recognized |
| 21 | | by the Illinois Department of State Police; (4) the sale of |
| 22 | | a
firearm to a dealer licensed as a federal firearms dealer |
| 23 | | under Section 923
of the federal Gun Control Act of 1968 |
| 24 | | (18 U.S.C. 923); or (5) the transfer or sale of any rifle, |
| 25 | | shotgun, or other long gun to a resident registered |
| 26 | | competitor or attendee or non-resident registered |
|
| | 09900SB0206ham002 | - 24 - | LRB099 03366 SLF 49406 a |
|
|
|
| 1 | | competitor or attendee by any dealer licensed as a federal |
| 2 | | firearms dealer under Section 923 of the federal Gun |
| 3 | | Control Act of 1968 at competitive shooting events held at |
| 4 | | the World Shooting Complex sanctioned by a national |
| 5 | | governing body. For purposes of transfers or sales under |
| 6 | | subparagraph (5) of this paragraph (g), the Department of |
| 7 | | Natural Resources shall give notice to the Department of |
| 8 | | State Police at least 30 calendar days prior to any |
| 9 | | competitive shooting events at the World Shooting Complex |
| 10 | | sanctioned by a national governing body. The notification |
| 11 | | shall be made on a form prescribed by the Department of |
| 12 | | State Police. The sanctioning body shall provide a list of |
| 13 | | all registered competitors and attendees at least 24 hours |
| 14 | | before the events to the Department of State Police. Any |
| 15 | | changes to the list of registered competitors and attendees |
| 16 | | shall be forwarded to the Department of State Police as |
| 17 | | soon as practicable. The Department of State Police must |
| 18 | | destroy the list of registered competitors and attendees no |
| 19 | | later than 30 days after the date of the event. Nothing in |
| 20 | | this paragraph (g) relieves a federally licensed firearm |
| 21 | | dealer from the requirements of conducting a NICS |
| 22 | | background check through the Illinois Point of Contact |
| 23 | | under 18 U.S.C. 922(t). For purposes of this paragraph (g), |
| 24 | | "application" means when the buyer and seller reach an |
| 25 | | agreement to purchase a firearm.
For purposes of this |
| 26 | | paragraph (g), "national governing body" means a group of |
|
| | 09900SB0206ham002 | - 25 - | LRB099 03366 SLF 49406 a |
|
|
|
| 1 | | persons who adopt rules and formulate policy on behalf of a |
| 2 | | national firearm sporting organization.
|
| 3 | | (h) While holding any license
as a dealer,
importer, |
| 4 | | manufacturer or pawnbroker
under the federal Gun Control |
| 5 | | Act of 1968,
manufactures, sells or delivers to any |
| 6 | | unlicensed person a handgun having
a barrel, slide, frame |
| 7 | | or receiver which is a die casting of zinc alloy or
any |
| 8 | | other nonhomogeneous metal which will melt or deform at a |
| 9 | | temperature
of less than 800 degrees Fahrenheit. For |
| 10 | | purposes of this paragraph, (1)
"firearm" is defined as in |
| 11 | | the Firearm Owners Identification Card Act; and (2)
|
| 12 | | "handgun" is defined as a firearm designed to be held
and |
| 13 | | fired by the use of a single hand, and includes a |
| 14 | | combination of parts from
which such a firearm can be |
| 15 | | assembled.
|
| 16 | | (i) Sells or gives a firearm of any size to any person |
| 17 | | under 18 years of
age who does not possess a valid Firearm |
| 18 | | Owner's Identification Card.
|
| 19 | | (j) Sells or gives a firearm while engaged in the |
| 20 | | business of selling
firearms at wholesale or retail without |
| 21 | | being licensed as a federal firearms
dealer under Section |
| 22 | | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). |
| 23 | | In this paragraph (j):
|
| 24 | | A person "engaged in the business" means a person who |
| 25 | | devotes time,
attention, and
labor to
engaging in the |
| 26 | | activity as a regular course of trade or business with the
|
|
| | 09900SB0206ham002 | - 26 - | LRB099 03366 SLF 49406 a |
|
|
|
| 1 | | principal objective of livelihood and profit, but does not |
| 2 | | include a person who
makes occasional repairs of firearms |
| 3 | | or who occasionally fits special barrels,
stocks, or |
| 4 | | trigger mechanisms to firearms.
|
| 5 | | "With the principal objective of livelihood and |
| 6 | | profit" means that the
intent
underlying the sale or |
| 7 | | disposition of firearms is predominantly one of
obtaining |
| 8 | | livelihood and pecuniary gain, as opposed to other intents, |
| 9 | | such as
improving or liquidating a personal firearms |
| 10 | | collection; however, proof of
profit shall not be required |
| 11 | | as to a person who engages in the regular and
repetitive |
| 12 | | purchase and disposition of firearms for criminal purposes |
| 13 | | or
terrorism.
|
| 14 | | (k) Sells or transfers ownership of a firearm to a |
| 15 | | person who does not display to the seller or transferor of |
| 16 | | the firearm either: (1) a currently valid Firearm Owner's |
| 17 | | Identification Card that has previously been issued in the |
| 18 | | transferee's name by the Department of State Police under |
| 19 | | the provisions of the Firearm Owners Identification Card |
| 20 | | Act; or (2) a currently valid license to carry a concealed |
| 21 | | firearm that has previously been issued in the transferee's |
| 22 | | name by the
Department of State Police under the Firearm |
| 23 | | Concealed Carry Act. This paragraph (k) does not apply to |
| 24 | | the transfer of a firearm to a person who is exempt from |
| 25 | | the requirement of possessing a Firearm Owner's |
| 26 | | Identification Card under Section 2 of the Firearm Owners |
|
| | 09900SB0206ham002 | - 27 - | LRB099 03366 SLF 49406 a |
|
|
|
| 1 | | Identification Card Act. For the purposes of this Section, |
| 2 | | a currently valid Firearm Owner's Identification Card |
| 3 | | means (i) a Firearm Owner's Identification Card that has |
| 4 | | not expired or (ii) an approval number issued in accordance |
| 5 | | with subsection (a-10) of subsection 3 or Section 3.1 of |
| 6 | | the Firearm Owners Identification Card Act shall be proof |
| 7 | | that the Firearm Owner's Identification Card was valid. |
| 8 | | (1) In addition to the other requirements of this |
| 9 | | paragraph (k), all persons who are not federally |
| 10 | | licensed firearms dealers must also have complied with |
| 11 | | subsection (a-10) of Section 3 of the Firearm Owners |
| 12 | | Identification Card Act by determining the validity of |
| 13 | | a purchaser's Firearm Owner's Identification Card. |
| 14 | | (2) All sellers or transferors who have complied |
| 15 | | with the requirements of subparagraph (1) of this |
| 16 | | paragraph (k) shall not be liable for damages in any |
| 17 | | civil action arising from the use or misuse by the |
| 18 | | transferee of the firearm transferred, except for |
| 19 | | willful or wanton misconduct on the part of the seller |
| 20 | | or transferor. |
| 21 | | (l) Not
being entitled to the possession of a firearm, |
| 22 | | delivers the
firearm, knowing it to have been stolen or |
| 23 | | converted. It may be inferred that
a person who possesses a |
| 24 | | firearm with knowledge that its serial number has
been |
| 25 | | removed or altered has knowledge that the firearm is stolen |
| 26 | | or converted. |
|
| | 09900SB0206ham002 | - 28 - | LRB099 03366 SLF 49406 a |
|
|
|
| 1 | | (m) Transfers or gives a suppressor or silencer to a person |
| 2 | | not authorized to possess the suppressor or silencer under |
| 3 | | federal law. |
| 4 | | (B) Paragraph (h) of subsection (A) does not include |
| 5 | | firearms sold within 6
months after enactment of Public
Act |
| 6 | | 78-355 (approved August 21, 1973, effective October 1, 1973), |
| 7 | | nor is any
firearm legally owned or
possessed by any citizen or |
| 8 | | purchased by any citizen within 6 months after the
enactment of |
| 9 | | Public Act 78-355 subject
to confiscation or seizure under the |
| 10 | | provisions of that Public Act. Nothing in
Public Act 78-355 |
| 11 | | shall be construed to prohibit the gift or trade of
any firearm |
| 12 | | if that firearm was legally held or acquired within 6 months |
| 13 | | after
the enactment of that Public Act.
|
| 14 | | (C) Sentence.
|
| 15 | | (1) Any person convicted of unlawful sale or delivery |
| 16 | | of firearms in violation of
paragraph (c), (e), (f), (g), |
| 17 | | or (h) of subsection (A) commits a Class
4
felony.
|
| 18 | | (2) Any person convicted of unlawful sale or delivery |
| 19 | | of firearms in violation of
paragraph (b) or (i), or (m) of |
| 20 | | subsection (A) commits a Class 3 felony.
|
| 21 | | (3) Any person convicted of unlawful sale or delivery |
| 22 | | of firearms in violation of
paragraph (a) of subsection (A) |
| 23 | | commits a Class 2 felony.
|
| 24 | | (4) Any person convicted of unlawful sale or delivery |
| 25 | | of firearms in violation of
paragraph (a), (b), or (i) of |
| 26 | | subsection (A) in any school, on the real
property |
|
| | 09900SB0206ham002 | - 29 - | LRB099 03366 SLF 49406 a |
|
|
|
| 1 | | comprising a school, within 1,000 feet of the real property |
| 2 | | comprising
a school, at a school related activity, or on or |
| 3 | | within 1,000 feet of any
conveyance owned, leased, or |
| 4 | | contracted by a school or school district to
transport |
| 5 | | students to or from school or a school related activity,
|
| 6 | | regardless of the time of day or time of year at which the |
| 7 | | offense
was committed, commits a Class 1 felony. Any person |
| 8 | | convicted of a second
or subsequent violation of unlawful |
| 9 | | sale or delivery of firearms in violation of paragraph
(a), |
| 10 | | (b), or (i) of subsection (A) in any school, on the real |
| 11 | | property
comprising a school, within 1,000 feet of the real |
| 12 | | property comprising a
school, at a school related activity, |
| 13 | | or on or within 1,000 feet of any
conveyance owned, leased, |
| 14 | | or contracted by a school or school district to
transport |
| 15 | | students to or from school or a school related activity,
|
| 16 | | regardless of the time of day or time of year at which the |
| 17 | | offense
was committed, commits a Class 1 felony for which |
| 18 | | the sentence shall be a
term of imprisonment of no less |
| 19 | | than 5 years and no more than 15 years.
|
| 20 | | (5) Any person convicted of unlawful sale or delivery |
| 21 | | of firearms in violation of
paragraph (a) or (i) of |
| 22 | | subsection (A) in residential property owned,
operated, or |
| 23 | | managed by a public housing agency or leased by a public |
| 24 | | housing
agency as part of a scattered site or mixed-income |
| 25 | | development, in a public
park, in a
courthouse, on |
| 26 | | residential property owned, operated, or managed by a |
|
| | 09900SB0206ham002 | - 30 - | LRB099 03366 SLF 49406 a |
|
|
|
| 1 | | public
housing agency or leased by a public housing agency |
| 2 | | as part of a scattered site
or mixed-income development, on |
| 3 | | the real property comprising any public park,
on the real
|
| 4 | | property comprising any courthouse, or on any public way |
| 5 | | within 1,000 feet
of the real property comprising any |
| 6 | | public park, courthouse, or residential
property owned, |
| 7 | | operated, or managed by a public housing agency or leased |
| 8 | | by a
public housing agency as part of a scattered site or |
| 9 | | mixed-income development
commits a
Class 2 felony.
|
| 10 | | (6) Any person convicted of unlawful sale or delivery |
| 11 | | of firearms in violation of
paragraph (j) of subsection (A) |
| 12 | | commits a Class A misdemeanor. A second or
subsequent |
| 13 | | violation is a Class 4 felony. |
| 14 | | (7) Any person convicted of unlawful sale or delivery |
| 15 | | of firearms in violation of paragraph (k) of subsection (A) |
| 16 | | commits a Class 4 felony, except that a violation of |
| 17 | | subparagraph (1) of paragraph (k) of subsection (A) shall |
| 18 | | not be punishable as a crime or petty offense. A third or |
| 19 | | subsequent conviction for a violation of paragraph (k) of |
| 20 | | subsection (A) is a Class 1 felony.
|
| 21 | | (8) A person 18 years of age or older convicted of |
| 22 | | unlawful sale or delivery of firearms in violation of |
| 23 | | paragraph (a) or (i) of subsection (A), when the firearm |
| 24 | | that was sold or given to another person under 18 years of |
| 25 | | age was used in the commission of or attempt to commit a |
| 26 | | forcible felony, shall be fined or imprisoned, or both, not |
|
| | 09900SB0206ham002 | - 31 - | LRB099 03366 SLF 49406 a |
|
|
|
| 1 | | to exceed the maximum provided for the most serious |
| 2 | | forcible felony so committed or attempted by the person |
| 3 | | under 18 years of age who was sold or given the firearm. |
| 4 | | (9) Any person convicted of unlawful sale or delivery |
| 5 | | of firearms in violation of
paragraph (d) of subsection (A) |
| 6 | | commits a Class 3 felony. |
| 7 | | (10) Any person convicted of unlawful sale or delivery |
| 8 | | of firearms in violation of paragraph (l) of subsection (A) |
| 9 | | commits a Class 2 felony if the delivery is of one firearm. |
| 10 | | Any person convicted of unlawful sale or delivery of |
| 11 | | firearms in violation of paragraph (l) of subsection (A) |
| 12 | | commits a Class 1 felony if the delivery is of not less |
| 13 | | than 2 and not more than 5 firearms at the
same time or |
| 14 | | within a one year period. Any person convicted of unlawful |
| 15 | | sale or delivery of firearms in violation of paragraph (l) |
| 16 | | of subsection (A) commits a Class X felony for which he or |
| 17 | | she shall be sentenced
to a term of imprisonment of not |
| 18 | | less than 6 years and not more than 30
years if the |
| 19 | | delivery is of not less than 6 and not more than 10 |
| 20 | | firearms at the
same time or within a 2 year period. Any |
| 21 | | person convicted of unlawful sale or delivery of firearms |
| 22 | | in violation of paragraph (l) of subsection (A) commits a |
| 23 | | Class X felony for which he or she shall be sentenced
to a |
| 24 | | term of imprisonment of not less than 6 years and not more |
| 25 | | than 40
years if the delivery is of not less than 11 and |
| 26 | | not more than 20 firearms at the
same time or within a 3 |
|
| | 09900SB0206ham002 | - 32 - | LRB099 03366 SLF 49406 a |
|
|
|
| 1 | | year period. Any person convicted of unlawful sale or |
| 2 | | delivery of firearms in violation of paragraph (l) of |
| 3 | | subsection (A) commits a Class X felony for which he or she |
| 4 | | shall be sentenced
to a term of imprisonment of not less |
| 5 | | than 6 years and not more than 50
years if the delivery is |
| 6 | | of not less than 21 and not more than 30 firearms at the
|
| 7 | | same time or within a 4 year period. Any person convicted |
| 8 | | of unlawful sale or delivery of firearms in violation of |
| 9 | | paragraph (l) of subsection (A) commits a Class X felony |
| 10 | | for which he or she shall be sentenced
to a term of |
| 11 | | imprisonment of not less than 6 years and not more than 60
|
| 12 | | years if the delivery is of 31 or more firearms at the
same |
| 13 | | time or within a 5 year period. |
| 14 | | (D) For purposes of this Section:
|
| 15 | | "School" means a public or private elementary or secondary |
| 16 | | school,
community college, college, or university.
|
| 17 | | "School related activity" means any sporting, social, |
| 18 | | academic, or
other activity for which students' attendance or |
| 19 | | participation is sponsored,
organized, or funded in whole or in |
| 20 | | part by a school or school district.
|
| 21 | | (E) A prosecution for a violation of paragraph (k) of |
| 22 | | subsection (A) of this Section may be commenced within 6 years |
| 23 | | after the commission of the offense. A prosecution for a |
| 24 | | violation of this Section other than paragraph (g) of |
| 25 | | subsection (A) of this Section may be commenced within 5 years |
| 26 | | after the commission of the offense defined in the particular |