101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5234

Introduced , by Rep. Grant Wehrli

SYNOPSIS AS INTRODUCED:

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

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

LRB101 17709 RLC 67136 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

HB5234

LRB101 17709 RLC 67136 b

1 AN ACT concerning criminal law.

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

3 represented in the General Assembly:

4 Section 5. The Criminal Code of 2012 is amended by changing

5 Sections 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.5, 24-1.6,

6 24-1.8, 24-3, 24-3.1, 24-3.3, 24-3.5, 24-3.7, 24-3.8, 24-3.9,

7 24-3A, 24-3B, 24-4.1, 24-5, and 24-9 as follows:

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

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

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

11 when he knowingly:

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

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

14 sand-bag, metal knuckles or other knuckle weapon

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

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

17 blade that opens automatically by hand pressure applied to

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

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

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

21 spring, elastic material or compressed gas; or

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

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

HB5234

- 2 -

LRB101 17709 RLC 67136 b

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

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

3 deadly weapon or instrument of like character; or

4 (2.5) Carries or possesses with intent to use the same

5 unlawfully against another, any firearm in a church,

6 synagogue, mosque, or other building, structure, or place

7 used for religious worship; or

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

9 tear gas gun projector or bomb or any object containing

10 noxious liquid gas or substance, other than an object

11 containing a non-lethal noxious liquid gas or substance

12 designed solely for personal defense carried by a person 18

13 years of age or older; or

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

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

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

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

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

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

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

21 transportation of weapons that meet one of the following

22 conditions:

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

24 (ii) are not immediately accessible; or

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

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

HB5234

- 3 -

LRB101 17709 RLC 67136 b

1 person who has been issued a currently valid Firearm

2 Owner's Identification Card; or

3 (iv) are carried or possessed in accordance with

4 the Firearm Concealed Carry Act by a person who has

5 been issued a currently valid license under the Firearm

6 Concealed Carry Act; or

7 (5) Sets a spring gun; or

8 (6) Possesses any device or attachment of any kind

9 designed, used or intended for use in silencing the report

10 of any firearm; or

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

12 carries:

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

14 purposes of this subsection as any weapon, which

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

16 restored to shoot, automatically more than one shot

17 without manually reloading by a single function of the

18 trigger, including the frame or receiver of any such

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

20 or carries any combination of parts designed or

21 intended for use in converting any weapon into a

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

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

24 possession or under the control of a person;

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

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

HB5234

- 4 -

LRB101 17709 RLC 67136 b

1 barrels less than 18 inches in length or any weapon

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

3 modification, or otherwise, if such a weapon as

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

5 or

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

7 other container containing an explosive substance of

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

9 not limited to, black powder bombs and Molotov

10 cocktails or artillery projectiles; or

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

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

13 sell intoxicating beverages, or at any public gathering

14 held pursuant to a license issued by any governmental body

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

16 excluding a place where a showing, demonstration or lecture

17 involving the exhibition of unloaded firearms is

18 conducted.

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

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

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

22 engaged in firearm safety training courses; or

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

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

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

26 robed or masked in such manner as to conceal his or her

HB5234

- 5 -

LRB101 17709 RLC 67136 b

1 identity; or

2 (10) Carries or possesses on or about his or her

3 person, upon any public street, alley, or other public

4 lands within the corporate limits of a city, village, or

5 incorporated town, except when an invitee thereon or

6 therein, for the purpose of the display of such weapon or

7 the lawful commerce in weapons, or except when on his land

8 or in his or her own abode, legal dwelling, or fixed place

9 of business, or on the land or in the legal dwelling of

10 another person as an invitee with that person's permission,

11 any pistol, revolver, stun gun, or taser or other firearm,

12 except that this subsection (a) (10) does not apply to or

13 affect transportation of weapons that meet one of the

14 following conditions:

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

16 (ii) are not immediately accessible; or

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

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

19 person who has been issued a currently valid Firearm

20 Owner's Identification Card; or

21 (iv) are carried or possessed in accordance with

22 the Firearm Concealed Carry Act by a person who has

23 been issued a currently valid license under the Firearm

24 Concealed Carry Act.

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

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

HB5234

- 6 -

LRB101 17709 RLC 67136 b

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

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

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

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

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

6 device which is powered by electrical charging units, such

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

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

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

10 to render him incapable of normal functioning; or

11 (11) Sells, manufactures, or purchases any explosive

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

13 bullet" means the projectile portion of an ammunition

14 cartridge which contains or carries an explosive charge

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

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

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

18 primer at the rear end thereof, with the propellant

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

20 or

21 (12) (Blank); or

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

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

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

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

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

HB5234

- 7 -

LRB101 17709 RLC 67136 b

1 short stick or club commonly carried by police officers

2 which is either telescopic or constructed of a solid piece

3 of wood or other man-made material.

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

5 subsection 24-1(a)(1) through24-1(a)(3) and 24-1(a)(5),

6 subsection 24-1(a)(10), subsection 24-1(a)(11), or subsection

7 24-1(a)(13) commits a Class A misdemeanor. A person convicted

8 of a violation of subsection~~24-1(a)(8) or~~24-1(a)(9) commits a

9 Class 4 felony; a person convicted of a violation of subsection

10 24-1(a)(6) or 24-1(a)(7)~~(ii) or~~(iii) commits a Class 3 felony.

11 A person convicted of a violation of subsection 24-1(a)(8)

12 commits a Class 3 felony. A person convicted of a second or

13 subsequent violation of subsection 24-1(a)(8) commits a Class 2

14 felony.A person convicted of a violation of subsection

15 24-1(a)(7)(i) commits a Class 1 ~~2~~ felony and shall be sentenced

16 to a term of imprisonment of not less than 4 ~~3~~ years and not

17 more than 15 ~~7~~years, unless the weapon is possessed in the

18 passenger compartment of a motor vehicle as defined in Section

19 1-146 of the Illinois Vehicle Code, or on the person, while the

20 weapon is loaded, in which case it shall be a Class X felony

21 and the person shall be sentenced to a term of imprisonment of

22 not less than 6 years and not more than 40 years. A person

23 convicted of a second or subsequent violation of subsection

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

25 Class 3 felony. A person convicted of a violation of subsection

26 24-1(a)(4) commits a Class 4 felony. A person convicted of a

HB5234

- 8 -

LRB101 17709 RLC 67136 b

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

2 commits a Class 2 felony. A person convicted of a violation of

3 subsection 24-1(a)(7)(ii) commits a Class 2 felony. A person

4 convicted of a violation of subsection 24-1(a)(2.5) commits a

5 Class 1 ~~2~~ felony. The possession of each weapon in violation

6 of this Section constitutes a single and separate violation.

7 (c) Violations in specific places.

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

9 24-1(a)(7)(iii)in any school, regardless of the time of

10 day or the time of year, in residential property owned,

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

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

13 mixed-income development, in a public park, in a

14 courthouse, on the real property comprising any school,

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

16 residential property owned, operated or managed by a public

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

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

19 real property comprising any public park, on the real

20 property comprising any courthouse, in any conveyance

21 owned, leased or contracted by a school to transport

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

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

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

25 feet of the real property comprising any school, public

26 park, courthouse, public transportation facility, or

HB5234

- 9 -

LRB101 17709 RLC 67136 b

1 residential property owned, operated, or managed by a

2 public housing agency or leased by a public housing agency

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

4 commits a Class 2 felony and shall be sentenced to a term

5 of imprisonment of not less than 3 years and not more than

6 7 years.

7 (1.5) A person who violates subsection 24-1(a)(4) or ~~,~~

8 24-1(a)(9)~~, or 24-1(a)(10)~~ in any school, regardless of the

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

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

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

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

13 courthouse, on the real property comprising any school,

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

15 residential property owned, operated, or managed by a

16 public housing agency or leased by a public housing agency

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

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

19 property comprising any courthouse, in any conveyance

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

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

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

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

24 feet of the real property comprising any school, public

25 park, courthouse, public transportation facility, or

26 residential property owned, operated, or managed by a

HB5234

- 10 -

LRB101 17709 RLC 67136 b

1 public housing agency or leased by a public housing agency

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

3 commits a Class 3 felony.

4 (1.6) A person who violates subsection 24-1(a)(10) in

5 any school, regardless of the time of day or the time of

6 year, in residential property owned, operated, or managed

7 by a public housing agency or leased by a public housing

8 agency as part of a scattered site or mixed-income

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

10 property comprising any school, regardless of the time of

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

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

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

14 mixed-income development, on the real property comprising

15 any public park, on the real property comprising any

16 courthouse, in any conveyance owned, leased, or contracted

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

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

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

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

21 comprising any school, public park, courthouse, public

22 transportation facility, or residential property owned,

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

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

25 mixed-income development commits a Class 2 felony.

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

HB5234

- 11 -

LRB101 17709 RLC 67136 b

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

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

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

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

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

6 courthouse, on the real property comprising any school,

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

8 residential property owned, operated or managed by a public

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

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

11 real property comprising any public park, on the real

12 property comprising any courthouse, in any conveyance

13 owned, leased or contracted by a school to transport

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

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

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

17 feet of the real property comprising any school, public

18 park, courthouse, public transportation facility, or

19 residential property owned, operated, or managed by a

20 public housing agency or leased by a public housing agency

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

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

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

24 this State for the conduct of official business.

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

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

HB5234

- 12 -

LRB101 17709 RLC 67136 b

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

2 students carrying or possessing firearms for use in

3 training courses, parades, hunting, target shooting on

4 school ranges, or otherwise with the consent of school

5 authorities and which firearms are transported unloaded

6 enclosed in a suitable case, box, or transportation

7 package.

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

9 means any public or private elementary or secondary school,

10 community college, college, or university.

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

12 transportation agency" means a public or private agency

13 that provides for the transportation or conveyance of

14 persons by means available to the general public, except

15 for transportation by automobiles not used for conveyance

16 of the general public as passengers; and "public

17 transportation facility" means a terminal or other place

18 where one may obtain public transportation.

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

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

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

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

23 such automobile at the time such weapon, instrument or

24 substance is found, except under the following circumstances:

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

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

HB5234

- 13 -

LRB101 17709 RLC 67136 b

1 weapon, instrument or substance is found in an automobile

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

3 and proper pursuit of his or her trade, then such presumption

4 shall not apply to the driver.

5 (e) Exemptions.

6 (1) Crossbows, Common or Compound bows and Underwater

7 Spearguns are exempted from the definition of ballistic

8 knife as defined in paragraph (1) of subsection (a) of this

9 Section.

10 (2) The provision of paragraph (1) of subsection (a) of

11 this Section prohibiting the sale, manufacture, purchase,

12 possession, or carrying of any knife, commonly referred to

13 as a switchblade knife, which has a blade that opens

14 automatically by hand pressure applied to a button, spring

15 or other device in the handle of the knife, does not apply

16 to a person who possesses a currently valid Firearm Owner's

17 Identification Card previously issued in his or her name by

18 the Department of State Police or to a person or an entity

19 engaged in the business of selling or manufacturing

20 switchblade knives.

21 (Source: P.A. 100-82, eff. 8-11-17; 101-223, eff. 1-1-20.)

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

23 Sec. 24-1.1. Unlawful use or possession of weapons by

24 felons or persons in the custody of the Department of

25 Corrections facilities.

HB5234

- 14 -

LRB101 17709 RLC 67136 b

1 (a) It is unlawful for a person to knowingly possess on or

2 about his person or on his land or in his own abode or fixed

3 place of business any weapon prohibited under Section 24-1 of

4 this Act or any firearm or any firearm ammunition if the person

5 has been convicted of a felony under the laws of this State or

6 any other jurisdiction. This Section shall not apply if the

7 person has been granted relief by the Director of the

8 Department of State Police under Section 10 of the Firearm

9 Owners Identification Card Act.

10 (b) It is unlawful for any person confined in a penal

11 institution, which is a facility of the Illinois Department of

12 Corrections, to possess any weapon prohibited under Section

13 24-1 of this Code or any firearm or firearm ammunition,

14 regardless of the intent with which he possesses it.

15 (c) It shall be an affirmative defense to a violation of

16 subsection (b), that such possession was specifically

17 authorized by rule, regulation, or directive of the Illinois

18 Department of Corrections or order issued pursuant thereto.

19 (d) The defense of necessity is not available to a person

20 who is charged with a violation of subsection (b) of this

21 Section.

22 (e) Sentence. Violation of this Section by a person not

23 confined in a penal institution shall be a Class2 ~~3~~felony for

24 which the person shall be sentenced to no less than 3 ~~2~~ years

25 and no more than ~~10~~ years. A second or subsequent violation of

26 this Section shall be a Class 1 ~~2~~ felony for which the person

HB5234

- 15 -

LRB101 17709 RLC 67136 b

1 shall be sentenced to a term of imprisonment of not less than 4

2 ~~3~~ years and not more than 30 ~~14~~ years, except as provided for

3 in Section 5-4.5-110 of the Unified Code of Corrections.

4 Violation of this Section by a person not confined in a penal

5 institution who has been convicted of a forcible felony, a

6 felony violation of Article 24 of this Code or of the Firearm

7 Owners Identification Card Act, stalking or aggravated

8 stalking, or a Class 2 or greater felony under the Illinois

9 Controlled Substances Act, the Cannabis Control Act, or the

10 Methamphetamine Control and Community Protection Act is a Class

11 1 ~~2~~felony for which the person shall be sentenced to not less

12 than 4 ~~3~~ years and not more than 30 ~~14~~ years, except as

13 provided for in Section 5-4.5-110 of the Unified Code of

14 Corrections. Violation of this Section by a person who is on

15 parole or mandatory supervised release is a Class1 ~~2~~ felony

16 for which the person shall be sentenced to not less than 4 ~~3~~

17 years and not more than 3014 years, except as provided for in

18 Section 5-4.5-110 of the Unified Code of Corrections. Violation

19 of this Section by a person not confined in a penal institution

20 is a Class X felony for which the person shall be sentenced to

21 not less than 6 years and not more than 40 years when the

22 firearm possessed is a machine gun. Any person who violates

23 this Section while confined in a penal institution, which is a

24 facility of the Illinois Department of Corrections, is guilty

25 of a Class X ~~1~~felonyfor which the person shall be sentenced

26 to not less than 6 years and not more than 40 years, if he

HB5234

- 16 -

LRB101 17709 RLC 67136 b

1 possesses any weapon prohibited under Section 24-1 of this Code

2 regardless of the intent with which he possesses it, ~~a Class X~~

3 ~~felony if he possesses any firearm, firearm ammunition or~~

4 ~~explosive,~~and a Class X felony for which the offender shall be

5 sentenced to not less than 14 ~~12~~years and not more than60 ~~50~~

6 years when the firearm possessed is a machine gun. A violation

7 of this Section while wearing or in possession of body armor as

8 defined in Section 33F-1 is a Class X felony punishable by a

9 term of imprisonment of not less than 14 ~~10~~ years and up to

10 natural life imprisonment ~~not more than 40 years~~. The

11 possession of each firearm or firearm ammunition in violation

12 of this Section constitutes a single and separate violation.

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

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

15 Sec. 24-1.2. Aggravated discharge of a firearm.

16 (a) A person commits aggravated discharge of a firearm when

17 he or she knowingly or intentionally:

18 (1) Discharges a firearm at or into a building he or

19 she knows or reasonably should know to be occupied and the

20 firearm is discharged from a place or position outside that

21 building;

22 (2) Discharges a firearm in the direction of another

23 person or in the direction of a vehicle he or she knows or

24 reasonably should know to be occupied by a person;

25 (3) Discharges a firearm in the direction of a person

HB5234

- 17 -

LRB101 17709 RLC 67136 b

1 he or she knows to be a peace officer, a community policing

2 volunteer, a correctional institution employee, or a

3 fireman while the officer, volunteer, employee or fireman

4 is engaged in the execution of any of his or her official

5 duties, or to prevent the officer, volunteer, employee or

6 fireman from performing his or her official duties, or in

7 retaliation for the officer, volunteer, employee or

8 fireman performing his or her official duties;

9 (4) Discharges a firearm in the direction of a vehicle

10 he or she knows to be occupied by a peace officer, a person

11 summoned or directed by a peace officer, a correctional

12 institution employee or a fireman while the officer,

13 employee or fireman is engaged in the execution of any of

14 his or her official duties, or to prevent the officer,

15 employee or fireman from performing his or her official

16 duties, or in retaliation for the officer, employee or

17 fireman performing his or her official duties;

18 (5) Discharges a firearm in the direction of a person

19 he or she knows to be emergency medical services personnel

20 who is engaged in the execution of any of his or her

21 official duties, or to prevent the emergency medical

22 services personnel from performing his or her official

23 duties, or in retaliation for the emergency medical

24 services personnel performing his or her official duties;

25 (6) Discharges a firearm in the direction of a vehicle

26 he or she knows to be occupied by emergency medical

HB5234

- 18 -

LRB101 17709 RLC 67136 b

1 services personnel while the emergency medical services

2 personnel is engaged in the execution of any of his or her

3 official duties, or to prevent the emergency medical

4 services personnel from performing his or her official

5 duties, or in retaliation for the emergency medical

6 services personnel performing his or her official duties;

7 (7) Discharges a firearm in the direction of a person

8 he or she knows to be a teacher or other person employed in

9 any school and the teacher or other employee is upon the

10 grounds of a school or grounds adjacent to a school, or is

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

12 (8) Discharges a firearm in the direction of a person

13 he or she knows to be an emergency management worker while

14 the emergency management worker is engaged in the execution

15 of any of his or her official duties, or to prevent the

16 emergency management worker from performing his or her

17 official duties, or in retaliation for the emergency

18 management worker performing his or her official duties; or

19 (9) Discharges a firearm in the direction of a vehicle

20 he or she knows to be occupied by an emergency management

21 worker while the emergency management worker is engaged in

22 the execution of any of his or her official duties, or to

23 prevent the emergency management worker from performing

24 his or her official duties, or in retaliation for the

25 emergency management worker performing his or her official

26 duties.

HB5234

- 19 -

LRB101 17709 RLC 67136 b

1 (b) A violation of subsection (a)(1) or subsection (a)(2)

2 of this Section is a ClassX ~~1~~felony. A violation of

3 subsection (a)(1) or (a)(2) of this Section committed in a

4 school, on the real property comprising a school, within 1,000

5 feet of the real property comprising a school, at a school

6 related activity or on or within 1,000 feet of any conveyance

7 owned, leased, or contracted by a school to transport students

8 to or from school or a school related activity, regardless of

9 the time of day or time of year that the offense was committed

10 is a Class X felony for which the person shall be sentenced to

11 not less than 6 years and not more than 40 years. A violation

12 of subsection (a)(3), (a)(4), (a)(5), (a)(6), (a)(7), (a)(8),

13 or (a)(9) of this Section is a Class X felony for which the

14 sentence shall be a term of imprisonment of no less than 12 ~~10~~

15 years and not more than60 ~~45~~years.

16 (c) For purposes of this Section:

17 "Emergency medical services personnel" has the meaning

18 specified in Section 3.5 of the Emergency Medical Services

19 (EMS) Systems Act and shall include all ambulance crew members,

20 including drivers or pilots.

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

22 school, community college, college, or university.

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

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

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

26 part by a school or school district.

HB5234

- 20 -

LRB101 17709 RLC 67136 b

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

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

3 Sec. 24-1.2-5. Aggravated discharge of a machine gun or a

4 firearm equipped with a device designed or used for silencing

5 the report of a firearm.

6 (a) A person commits aggravated discharge of a machine gun

7 or a firearm equipped with a device designed or used for

8 silencing the report of a firearm when he or she knowingly or

9 intentionally:

10 (1) Discharges a machine gun or a firearm equipped with

11 a device designed or used for silencing the report of a

12 firearm at or into a building he or she knows to be

13 occupied and the machine gun or the firearm equipped with a

14 device designed or used for silencing the report of a

15 firearm is discharged from a place or position outside that

16 building;

17 (2) Discharges a machine gun or a firearm equipped with

18 a device designed or used for silencing the report of a

19 firearm in the direction of another person or in the

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

21 (3) Discharges a machine gun or a firearm equipped with

22 a device designed or used for silencing the report of a

23 firearm in the direction of a person he or she knows to be

24 a peace officer, a person summoned or directed by a peace

25 officer, a correctional institution employee, or a fireman

HB5234

- 21 -

LRB101 17709 RLC 67136 b

1 while the officer, employee or fireman is engaged in the

2 execution of any of his or her official duties, or to

3 prevent the officer, employee or fireman from performing

4 his or her official duties, or in retaliation for the

5 officer, employee or fireman performing his or her official

6 duties;

7 (4) Discharges a machine gun or a firearm equipped with

8 a device designed or used for silencing the report of a

9 firearm in the direction of a vehicle he or she knows to be

10 occupied by a peace officer, a person summoned or directed

11 by a peace officer, a correctional institution employee or

12 a fireman while the officer, employee or fireman is engaged

13 in the execution of any of his or her official duties, or

14 to prevent the officer, employee or fireman from performing

15 his or her official duties, or in retaliation for the

16 officer, employee or fireman performing his or her official

17 duties;

18 (5) Discharges a machine gun or a firearm equipped with

19 a device designed or used for silencing the report of a

20 firearm in the direction of a person he or she knows to be

21 emergency medical services personnel while the emergency

22 medical services personnel is engaged in the execution of

23 any of his or her official duties, or to prevent the

24 emergency medical services personnel from performing his

25 or her official duties, or in retaliation for the emergency

26 medical services personnel performing his or her official

HB5234

- 22 -

LRB101 17709 RLC 67136 b

1 duties;

2 (6) Discharges a machine gun or a firearm equipped with

3 a device designed or used for silencing the report of a

4 firearm in the direction of a vehicle he or she knows to be

5 occupied by emergency medical services personnel, while

6 the emergency medical services personnel is engaged in the

7 execution of any of his or her official duties, or to

8 prevent the emergency medical services personnel from

9 performing his or her official duties, or in retaliation

10 for the emergency medical services personnel performing

11 his or her official duties;

12 (7) Discharges a machine gun or a firearm equipped with

13 a device designed or used for silencing the report of a

14 firearm in the direction of a person he or she knows to be

15 an emergency management worker while the emergency

16 management worker is engaged in the execution of any of his

17 or her official duties, or to prevent the emergency

18 management worker from performing his or her official

19 duties, or in retaliation for the emergency management

20 worker performing his or her official duties; or

21 (8) Discharges a machine gun or a firearm equipped with

22 a device designed or used for silencing the report of a

23 firearm in the direction of a vehicle he or she knows to be

24 occupied by an emergency management worker while the

25 emergency management worker is engaged in the execution of

26 any of his or her official duties, or to prevent the

HB5234

- 23 -

LRB101 17709 RLC 67136 b

1 emergency management worker from performing his or her

2 official duties, or in retaliation for the emergency

3 management worker performing his or her official duties.

4 (b) A violation of subsection (a) (1) or subsection (a) (2)

5 of this Section is a Class X felony. A violation of subsection

6 (a) (3), (a) (4), (a) (5), (a) (6), (a) (7), or (a) (8) of this

7 Section is a Class X felony for which the sentence shall be a

8 term of imprisonment of no less than 14 ~~12~~years and no more

9 than 60 ~~50~~years.A violation of subsection (a)(1) or

10 subsection (a)(2) of this Section committed on school grounds

11 is is a Class X felony for which the sentence shall be a term of

12 imprisonment of no less than 6 years and no more than 40 years.

13 (c) For the purpose of this Section:

14 "Emergency medical services personnel" has the meaning

15 specified in Section 3.5 of the Emergency Medical Services

16 (EMS) Systems Act and shall include all ambulance crew

17 members, including drivers or pilots.

18 "Machine gun" has the meaning ascribed to it in clause

19 (i) of paragraph (7) of subsection (a) of Section 24-1 of

20 this Code.

21 (d) This Section does not apply to a peace officer while

22 serving as a member of a tactical response team or special

23 operations team. A peace officer may not personally own or

24 apply for ownership of a device or attachment of any kind

25 designed, used, or intended for use in silencing the report of

26 any firearm. These devices shall be owned and maintained by

HB5234

- 24 -

LRB101 17709 RLC 67136 b

1 lawfully recognized units of government whose duties include

2 the investigation of criminal acts.

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

4 (720 ILCS 5/24-1.5)

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

6 (a) A person commits reckless discharge of a firearm by

7 discharging a firearm in a reckless manner which endangers the

8 bodily safety of an individual.

9 (b) If the conduct described in subsection (a) is committed

10 by a passenger of a moving motor vehicle with the knowledge and

11 consent of the driver of the motor vehicle the driver is

12 accountable for such conduct.

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

14 (d) This Section does not apply to a peace officer while in

15 the performance of his or her official duties.

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

17 (720 ILCS 5/24-1.6)

18 Sec. 24-1.6. Aggravated unlawful use of a weapon.

19 (a) A person commits the offense of aggravated unlawful use

20 of a weapon when he or she knowingly:

21 (1) Carries on or about his or her person or in any

22 vehicle or concealed on or about his or her person except

23 when on his or her land or in his or her abode, legal

24 dwelling, or fixed place of business, or on the land or in

HB5234

- 25 -

LRB101 17709 RLC 67136 b

1 the legal dwelling of another person as an invitee with

2 that person's permission, any pistol, revolver, stun gun or

3 taser or other firearm; or

4 (2) Carries or possesses on or about his or her person,

5 upon any public street, alley, or other public lands within

6 the corporate limits of a city, village or incorporated

7 town, except when an invitee thereon or therein, for the

8 purpose of the display of such weapon or the lawful

9 commerce in weapons, or except when on his or her own land

10 or in his or her own abode, legal dwelling, or fixed place

11 of business, or on the land or in the legal dwelling of

12 another person as an invitee with that person's permission,

13 any pistol, revolver, stun gun or taser or other firearm;

14 and

15 (3) One of the following factors is present:

16 (A) the firearm, other than a pistol, revolver, or

17 handgun, possessed was uncased, loaded, and

18 immediately accessible at the time of the offense; or

19 (A-5) the pistol, revolver, or handgun possessed

20 was uncased, loaded, and immediately accessible at the

21 time of the offense and the person possessing the

22 pistol, revolver, or handgun has not been issued a

23 currently valid license under the Firearm Concealed

24 Carry Act; or

25 (B) the firearm, other than a pistol, revolver, or

26 handgun, possessed was uncased, unloaded, and the

HB5234

- 26 -

LRB101 17709 RLC 67136 b

1 ammunition for the weapon was immediately accessible

2 at the time of the offense; or

3 (B-5) the pistol, revolver, or handgun possessed

4 was uncased, unloaded, and the ammunition for the

5 weapon was immediately accessible at the time of the

6 offense and the person possessing the pistol,

7 revolver, or handgun has not been issued a currently

8 valid license under the Firearm Concealed Carry Act; or

9 (C) the person possessing the firearm has not been

10 issued a currently valid Firearm Owner's

11 Identification Card; or

12 (D) the person possessing the weapon was

13 previously adjudicated a delinquent minor under the

14 Juvenile Court Act of 1987 for an act that if committed

15 by an adult would be a felony; or

16 (E) the person possessing the weapon was engaged in

17 a misdemeanor violation of the Cannabis Control Act, in

18 a misdemeanor violation of the Illinois Controlled

19 Substances Act, or in a misdemeanor violation of the

20 Methamphetamine Control and Community Protection Act;

21 or

22 (F) (blank); or

23 (G) the person possessing the weapon had an order

24 of protection issued against him or her within the

25 previous 2 years; or

26 (H) the person possessing the weapon was engaged in

HB5234

- 27 -

LRB101 17709 RLC 67136 b

1 the commission or attempted commission of a

2 misdemeanor involving the use or threat of violence

3 against the person or property of another; or

4 (I) the person possessing the weapon was under 21

5 years of age and in possession of a handgun, unless the

6 person under 21 is engaged in lawful activities under

7 the Wildlife Code or described in subsection

8 24-2(b)(1), (b)(3), or 24-2(f).

9 (a-5) "Handgun" as used in this Section has the meaning

10 given to it in Section 5 of the Firearm Concealed Carry Act.

11 (b) "Stun gun or taser" as used in this Section has the

12 same definition given to it in Section 24-1 of this Code.

13 (c) This Section does not apply to or affect the

14 transportation or possession of weapons that:

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

16 (ii) are not immediately accessible; or

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

18 carrying box, shipping box, or other container by a person

19 who has been issued a currently valid Firearm Owner's

20 Identification Card.

21 (d) Sentence.

22 (1) Aggravated unlawful use of a weapon is a Class 3 ~~4~~

23 felony; a second or subsequent offense is a Class1 ~~2~~

24 felony for which the person shall be sentenced to a term of

25 imprisonment of not less than 4 ~~3~~ years and not more than

26 15 ~~7~~ years, except as provided for in Section 5-4.5-110 of

HB5234

- 28 -

LRB101 17709 RLC 67136 b

1 the Unified Code of Corrections.

2 (2) Except as otherwise provided in paragraphs (3) and

3 (4) of this subsection (d), a first offense of aggravated

4 unlawful use of a weapon committed with a firearm by a

5 person 18 years of age or older where the factors listed in

6 both items (A) and (C) or both items (A-5) and (C) of

7 paragraph (3) of subsection (a) are present is a Class 3 ~~4~~

8 felony, for which the person shall be sentenced to a term

9 of imprisonment of not less than 2 years ~~one year~~ and not

10 more than 5 ~~3~~ years.

11 (3) Aggravated unlawful use of a weapon by a person who

12 has been previously convicted of a felony in this State or

13 another jurisdiction is a Class 1 ~~2~~felony for which the

14 person shall be sentenced to a term of imprisonment of not

15 less than 4 ~~3~~ years and not more than 15 ~~7~~ years, except as

16 provided for in Section 5-4.5-110 of the Unified Code of

17 Corrections.

18 (4) Aggravated unlawful use of a weapon while wearing

19 or in possession of body armor as defined in Section 33F-1

20 by a person who has not been issued a valid Firearms

21 Owner's Identification Card in accordance with Section 5 of

22 the Firearm Owners Identification Card Act is a Class X

23 felony, for which the person shall be sentenced to a term

24 of imprisonment of not less 6 years and not more than 40

25 years.

26 (e) The possession of each firearm in violation of this

HB5234

- 29 -

LRB101 17709 RLC 67136 b

1 Section constitutes a single and separate violation.

2 (Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)

3 (720 ILCS 5/24-1.8)

4 Sec. 24-1.8. Unlawful possession of a firearm by a street

5 gang member.

6 (a) A person commits unlawful possession of a firearm by a

7 street gang member when he or she knowingly:

8 (1) possesses, carries, or conceals on or about his or

9 her person a firearm and firearm ammunition while on any

10 street, road, alley, gangway, sidewalk, or any other lands,

11 except when inside his or her own abode or inside his or

12 her fixed place of business, and has not been issued a

13 currently valid Firearm Owner's Identification Card and is

14 a member of a street gang; or

15 (2) possesses or carries in any vehicle a firearm and

16 firearm ammunition which are both immediately accessible

17 at the time of the offense while on any street, road,

18 alley, or any other lands, except when inside his or her

19 own abode or garage, and has not been issued a currently

20 valid Firearm Owner's Identification Card and is a member

21 of a street gang.

22 (b) Unlawful possession of a firearm by a street gang

23 member is a Class 1 ~~2~~ felony for which the person, if sentenced

24 to a term of imprisonment, shall be sentenced to no less than 4

25 ~~3~~ years and no more than 30 ~~10~~ years. A period of probation, a

HB5234

- 30 -

LRB101 17709 RLC 67136 b

1 term of periodic imprisonment or conditional discharge shall

2 not be imposed for the offense of unlawful possession of a

3 firearm by a street gang member when the firearm was loaded or

4 contained firearm ammunition and the court shall sentence the

5 offender to not less than the minimum term of imprisonment

6 authorized for the Class 1 ~~2~~ felony for which the person shall

7 be sentenced to no less than 4 years and no more than 30 years.

8 (c) For purposes of this Section:

9 "Street gang" or "gang" has the meaning ascribed to it

10 in Section 10 of the Illinois Streetgang Terrorism Omnibus

11 Prevention Act.

12 "Street gang member" or "gang member" has the meaning

13 ascribed to it in Section 10 of the Illinois Streetgang

14 Terrorism Omnibus Prevention Act.

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

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

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

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

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

20 following:

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

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

23 age.

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

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

HB5234

- 31 -

LRB101 17709 RLC 67136 b

1 than a traffic offense or adjudged delinquent.

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

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

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

5 other jurisdiction.

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

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

8 years. In this subsection (e):

9 "Mental institution" means any hospital,

10 institution, clinic, evaluation facility, mental

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

12 for the care or treatment of persons with mental

13 illness.

14 "Patient in a mental institution" means the person

15 was admitted, either voluntarily or involuntarily, to

16 a mental institution for mental health treatment,

17 unless the treatment was voluntary and solely for an

18 alcohol abuse disorder and no other secondary

19 substance abuse disorder or mental illness.

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

21 person with an intellectual disability.

22 (g) Delivers any firearm, incidental to a sale, without

23 withholding delivery of the firearm for at least 72 hours

24 after application for its purchase has been made, or

25 delivers a stun gun or taser, incidental to a sale, without

26 withholding delivery of the stun gun or taser for at least

HB5234

- 32 -

LRB101 17709 RLC 67136 b

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

2 However, this paragraph (g) does not apply to: (1) the sale

3 of a firearm to a law enforcement officer if the seller of

4 the firearm knows that the person to whom he or she is

5 selling the firearm is a law enforcement officer or the

6 sale of a firearm to a person who desires to purchase a

7 firearm for use in promoting the public interest incident

8 to his or her employment as a bank guard, armed truck

9 guard, or other similar employment; (2) a mail order sale

10 of a firearm from a federally licensed firearms dealer to a

11 nonresident of Illinois under which the firearm is mailed

12 to a federally licensed firearms dealer outside the

13 boundaries of Illinois; (3) (blank); (4) the sale of a

14 firearm to a dealer licensed as a federal firearms dealer

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

16 (18 U.S.C. 923); or (5) the transfer or sale of any rifle,

17 shotgun, or other long gun to a resident registered

18 competitor or attendee or non-resident registered

19 competitor or attendee by any dealer licensed as a federal

20 firearms dealer under Section 923 of the federal Gun

21 Control Act of 1968 at competitive shooting events held at

22 the World Shooting Complex sanctioned by a national

23 governing body. For purposes of transfers or sales under

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

25 Natural Resources shall give notice to the Department of

26 State Police at least 30 calendar days prior to any

HB5234

- 33 -

LRB101 17709 RLC 67136 b

1 competitive shooting events at the World Shooting Complex

2 sanctioned by a national governing body. The notification

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

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

5 all registered competitors and attendees at least 24 hours

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

7 changes to the list of registered competitors and attendees

8 shall be forwarded to the Department of State Police as

9 soon as practicable. The Department of State Police must

10 destroy the list of registered competitors and attendees no

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

12 this paragraph (g) relieves a federally licensed firearm

13 dealer from the requirements of conducting a NICS

14 background check through the Illinois Point of Contact

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

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

17 agreement to purchase a firearm. For purposes of this

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

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

20 national firearm sporting organization.

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

22 manufacturer or pawnbroker under the federal Gun Control

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

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

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

26 other nonhomogeneous metal which will melt or deform at a

HB5234

- 34 -

LRB101 17709 RLC 67136 b

1 temperature of less than 800 degrees Fahrenheit. For

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

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

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

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

6 combination of parts from which such a firearm can be

7 assembled.

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

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

10 Owner's Identification Card.

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

12 business of selling firearms at wholesale or retail without

13 being licensed as a federal firearms dealer under Section

14 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).

15 In this paragraph (j):

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

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

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

19 principal objective of livelihood and profit, but does not

20 include a person who makes occasional repairs of firearms

21 or who occasionally fits special barrels, stocks, or

22 trigger mechanisms to firearms.

23 "With the principal objective of livelihood and

24 profit" means that the intent underlying the sale or

25 disposition of firearms is predominantly one of obtaining

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

HB5234

- 35 -

LRB101 17709 RLC 67136 b

1 such as improving or liquidating a personal firearms

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

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

4 purchase and disposition of firearms for criminal purposes

5 or terrorism.

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

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

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

9 Identification Card that has previously been issued in the

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

11 the provisions of the Firearm Owners Identification Card

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

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

14 name by the Department of State Police under the Firearm

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

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

17 the requirement of possessing a Firearm Owner's

18 Identification Card under Section 2 of the Firearm Owners

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

20 a currently valid Firearm Owner's Identification Card

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

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

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

24 the Firearm Owners Identification Card Act shall be proof

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

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

HB5234

- 36 -

LRB101 17709 RLC 67136 b

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

2 licensed firearms dealers must also have complied with

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

4 Identification Card Act by determining the validity of

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

6 (2) All sellers or transferors who have complied

7 with the requirements of subparagraph (1) of this

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

9 civil action arising from the use or misuse by the

10 transferee of the firearm transferred, except for

11 willful or wanton misconduct on the part of the seller

12 or transferor.

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

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

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

16 firearm with knowledge that its serial number has been

17 removed or altered has knowledge that the firearm is stolen

18 or converted.

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

20 firearms sold within 6 months after enactment of Public Act

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

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

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

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

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

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

HB5234

- 37 -

LRB101 17709 RLC 67136 b

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

2 after the enactment of that Public Act.

3 (C) Sentence.

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

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

6 or (h) of subsection (A) commits a Class3 ~~4~~felony.

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

8 of firearms in violation of paragraph (b) or (i) of

9 subsection (A) commits a Class 2 ~~3~~ felony.

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

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

12 commits a Class 1 ~~2~~ felony.

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

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

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

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

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

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

19 contracted by a school or school district to transport

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

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

22 offense was committed, commits a ClassX ~~1~~ felony. Any

23 person convicted of a second or subsequent violation of

24 unlawful sale or delivery of firearms in violation of

25 paragraph (a), (b), or (i) of subsection (A) in any school,

26 on the real property comprising a school, within 1,000 feet

HB5234

- 38 -

LRB101 17709 RLC 67136 b

1 of the real property comprising a school, at a school

2 related activity, or on or within 1,000 feet of any

3 conveyance owned, leased, or contracted by a school or

4 school district to transport students to or from school or

5 a school related activity, regardless of the time of day or

6 time of year at which the offense was committed, commits a

7 Class X ~~1~~felony for which the sentence shall be a term of

8 imprisonment of no less than 6 ~~5~~ years and no more than 30

9 ~~15~~ years.

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

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

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

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

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

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

16 residential property owned, operated, or managed by a

17 public housing agency or leased by a public housing agency

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

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

20 property comprising any courthouse, or on any public way

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

22 public park, courthouse, or residential property owned,

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

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

25 mixed-income development commits a Class1 ~~2~~ felony.

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

HB5234

- 39 -

LRB101 17709 RLC 67136 b

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

2 commits a Class 4 felony ~~A misdemeanor~~. A second or

3 subsequent violation is a Class 3 ~~4~~ felony.

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

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

6 commits a Class 3 ~~4~~ felony, except that a violation of

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

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

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

10 subsection (A) is a Class X ~~1~~felony.

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

12 unlawful sale or delivery of firearms in violation of

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

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

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

16 forcible felony, shall be ~~fined or~~ imprisoned~~, or both,~~ not

17 to exceed the maximum provided for the most serious

18 forcible felony so committed or attempted by the person

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

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

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

22 commits a Class 2 ~~3~~ felony.

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

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

25 commits a Class 1 ~~2~~ felony if the delivery is of one

26 firearm. Any person convicted of unlawful sale or delivery

HB5234

- 40 -

LRB101 17709 RLC 67136 b

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

2 commits a Class X ~~1~~ felony if the delivery is of not less

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

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

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

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

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

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

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

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

11 person convicted of unlawful sale or delivery of firearms

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

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

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

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

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

17 year period. Any person convicted of unlawful sale or

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

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

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

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

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

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

24 of unlawful sale or delivery of firearms in violation of

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

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

HB5234

- 41 -

LRB101 17709 RLC 67136 b

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

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

3 time or within a 5 year period.

4 (D) For purposes of this Section:

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

6 school, community college, college, or university.

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

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

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

10 part by a school or school district.

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

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

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

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

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

16 after the commission of the offense defined in the particular

17 paragraph.

18 (Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15;

19 99-642, eff. 7-28-16; 100-606, eff. 1-1-19.)

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

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

22 ammunition.

23 (a) A person commits the offense of unlawful possession of

24 firearms or firearm ammunition when:

25 (1) He is under 18 years of age and has in his

HB5234

- 42 -

LRB101 17709 RLC 67136 b

1 possession any firearm of a size which may be concealed

2 upon the person; or

3 (2) He is under 21 years of age, has been convicted of

4 a misdemeanor other than a traffic offense or adjudged

5 delinquent and has any firearms or firearm ammunition in

6 his possession; or

7 (3) He is a narcotic addict and has any firearms or

8 firearm ammunition in his possession; or

9 (4) He has been a patient in a mental institution

10 within the past 5 years and has any firearms or firearm

11 ammunition in his possession. For purposes of this

12 paragraph (4):

13 "Mental institution" means any hospital,

14 institution, clinic, evaluation facility, mental

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

16 for the care or treatment of persons with mental

17 illness.

18 "Patient in a mental institution" means the person

19 was admitted, either voluntarily or involuntarily, to

20 a mental institution for mental health treatment,

21 unless the treatment was voluntary and solely for an

22 alcohol abuse disorder and no other secondary

23 substance abuse disorder or mental illness; or

24 (5) He is a person with an intellectual disability and

25 has any firearms or firearm ammunition in his possession;

26 or

HB5234

- 43 -

LRB101 17709 RLC 67136 b

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

2 For purposes of this paragraph "explosive bullet" means the

3 projectile portion of an ammunition cartridge which contains or

4 carries an explosive charge which will explode upon contact

5 with the flesh of a human or an animal. "Cartridge" means a

6 tubular metal case having a projectile affixed at the front

7 thereof and a cap or primer at the rear end thereof, with the

8 propellant contained in such tube between the projectile and

9 the cap.

10 (b) Sentence.

11 Unlawful possession of firearms, other than handguns, and

12 firearm ammunition is a Class4 felony ~~A misdemeanor~~. Unlawful

13 possession of handguns is a Class3 ~~4~~ felony. The possession of

14 each firearm or firearm ammunition in violation of this Section

15 constitutes a single and separate violation.

16 (c) Nothing in paragraph (1) of subsection (a) of this

17 Section prohibits a person under 18 years of age from

18 participating in any lawful recreational activity with a

19 firearm such as, but not limited to, practice shooting at

20 targets upon established public or private target ranges or

21 hunting, trapping, or fishing in accordance with the Wildlife

22 Code or the Fish and Aquatic Life Code.

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

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

25 Sec. 24-3.3. Unlawful Sale or Delivery of Firearms on the

HB5234

- 44 -

LRB101 17709 RLC 67136 b

1 Premises of Any School, regardless of the time of day or the

2 time of year, or any conveyance owned, leased or contracted by

3 a school to transport students to or from school or a school

4 related activity, or residential property owned, operated or

5 managed by a public housing agency. Any person 18 years of age

6 or older who sells, gives or delivers any firearm to any person

7 under 18 years of age in any school, regardless of the time of

8 day or the time of year or residential property owned, operated

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

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

11 development, on the real property comprising any school,

12 regardless of the time of day or the time of year or

13 residential property owned, operated or managed by a public

14 housing agency or leased by a public housing agency as part of

15 a scattered site or mixed-income development commits a Class2

16 ~~3~~felony. School is defined, for the purposes of this Section,

17 as any public or private elementary or secondary school,

18 community college, college or university. This does not apply

19 to peace officers or to students carrying or possessing

20 firearms for use in school training courses, parades, target

21 shooting on school ranges, or otherwise with the consent of

22 school authorities and which firearms are transported unloaded

23 and enclosed in a suitable case, box or transportation package.

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

25 (720 ILCS 5/24-3.5)

HB5234

- 45 -

LRB101 17709 RLC 67136 b

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

2 (a) For purposes of this Section, "firearms transaction

3 record form" means a form:

4 (1) executed by a transferee of a firearm stating: (i)

5 the transferee's name and address (including county or

6 similar political subdivision); (ii) whether the

7 transferee is a citizen of the United States; (iii) the

8 transferee's State of residence; and (iv) the date and

9 place of birth, height, weight, and race of the transferee;

10 and

11 (2) on which the transferee certifies that he or she is

12 not prohibited by federal law from transporting or shipping

13 a firearm in interstate or foreign commerce or receiving a

14 firearm that has been shipped or transported in interstate

15 or foreign commerce or possessing a firearm in or affecting

16 commerce.

17 (b) A person commits the offense of unlawful purchase of a

18 firearm who knowingly purchases or attempts to purchase a

19 firearm with the intent to deliver that firearm to another

20 person who is prohibited by federal or State law from

21 possessing a firearm.

22 (c) A person commits the offense of unlawful purchase of a

23 firearm when he or she, in purchasing or attempting to purchase

24 a firearm, intentionally provides false or misleading

25 information on a United States Department of the Treasury,

26 Bureau of Alcohol, Tobacco and Firearms firearms transaction

HB5234

- 46 -

LRB101 17709 RLC 67136 b

1 record form.

2 (d) Exemption. It is not a violation of subsection (b) of

3 this Section for a person to make a gift or loan of a firearm to

4 a person who is not prohibited by federal or State law from

5 possessing a firearm if the transfer of the firearm is made in

6 accordance with Section 3 of the Firearm Owners Identification

7 Card Act.

8 (e) Sentence.

9 (1) A person who commits the offense of unlawful

10 purchase of a firearm:

11 (A) is guilty of a Class 1 ~~2~~ felony for purchasing

12 or attempting to purchase one firearm;

13 (B) is guilty of a Class X ~~1~~ felony for purchasing

14 or attempting to purchase not less than 2 firearms and

15 not more than 5 firearms at the same time or within a

16 one year period;

17 (C) is guilty of a Class X felony for which the

18 offender shall be sentenced to a term of imprisonment

19 of not less than 12 ~~9~~ years and not more than 50 ~~40~~

20 years for purchasing or attempting to purchase not less

21 than 6 firearms at the same time or within a 2 year

22 period.

23 (2) In addition to any other penalty that may be

24 imposed for a violation of this Section, the court may

25 sentence a person convicted of a violation of subsection

26 (c) of this Section to a fine not to exceed $250,000 for

HB5234

- 47 -

LRB101 17709 RLC 67136 b

1 each violation.

2 (f) A prosecution for unlawful purchase of a firearm may be

3 commenced within 6 years after the commission of the offense.

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

5 (720 ILCS 5/24-3.7)

6 Sec. 24-3.7. Use of a stolen firearm in the commission of

7 an offense.

8 (a) A person commits the offense of use of a stolen firearm

9 in the commission of an offense when he or she knowingly uses a

10 stolen firearm in the commission of any offense and the person

11 knows that the firearm was stolen.

12 (b) Sentence. Use of a stolen firearm in the commission of

13 an offense is a Class 1 ~~2~~ felony.

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

15 (720 ILCS 5/24-3.8)

16 Sec. 24-3.8. Possession of a stolen firearm.

17 (a) A person commits possession of a stolen firearm when he

18 or she, not being entitled to the possession of a firearm,

19 possesses the firearm, knowing it to have been stolen or

20 converted. The trier of fact may infer that a person who

21 possesses a firearm with knowledge that its serial number has

22 been removed or altered has knowledge that the firearm is

23 stolen or converted.

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

HB5234

- 48 -

LRB101 17709 RLC 67136 b

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

2 1-1-12; 97-1109, eff. 1-1-13.)

3 (720 ILCS 5/24-3.9)

4 Sec. 24-3.9. Aggravated possession of a stolen firearm.

5 (a) A person commits aggravated possession of a stolen

6 firearm when he or she:

7 (1) Not being entitled to the possession of not less

8 than 2 and not more than 5 firearms, possesses those

9 firearms at the same time or within a one-year period,

10 knowing the firearms to have been stolen or converted.

11 (2) Not being entitled to the possession of not less

12 than 6 and not more than 10 firearms, possesses those

13 firearms at the same time or within a 2-year period,

14 knowing the firearms to have been stolen or converted.

15 (3) Not being entitled to the possession of not less

16 than 11 and not more than 20 firearms, possesses those

17 firearms at the same time or within a 3-year period,

18 knowing the firearms to have been stolen or converted.

19 (4) Not being entitled to the possession of not less

20 than 21 and not more than 30 firearms, possesses those

21 firearms at the same time or within a 4-year period,

22 knowing the firearms to have been stolen or converted.

23 (5) Not being entitled to the possession of more than

24 30 firearms, possesses those firearms at the same time or

25 within a 5-year period, knowing the firearms to have been

HB5234

- 49 -

LRB101 17709 RLC 67136 b

1 stolen or converted.

2 (b) The trier of fact may infer that a person who possesses

3 a firearm with knowledge that its serial number has been

4 removed or altered has knowledge that the firearm is stolen or

5 converted.

6 (c) Sentence.

7 (1) A person who violates paragraph (1) of subsection

8 (a) of this Section commits a ClassX ~~1~~ felony.

9 (2) A person who violates paragraph (2) of subsection

10 (a) of this Section commits a Class X felony for which he

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

12 less than 6 years and not more than 40 ~~30~~years.

13 (3) A person who violates paragraph (3) of subsection

14 (a) of this Section commits a Class X felony for which he

15 or she shall be sentenced to a term of imprisonment of not

16 less than 6 years and not more than 50 ~~40~~years.

17 (4) A person who violates paragraph (4) of subsection

18 (a) of this Section commits a Class X felony for which he

19 or she shall be sentenced to a term of imprisonment of not

20 less than 6 years and not more than 60 ~~50~~years.

21 (5) A person who violates paragraph (5) of subsection

22 (a) of this Section commits a Class X felony for which he

23 or she shall be sentenced to a term of imprisonment of not

24 less than 6 years and not more than 70 ~~60~~years.

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

26 1-1-12; 97-1109, eff. 1-1-13.)

HB5234

- 50 -

LRB101 17709 RLC 67136 b

1 (720 ILCS 5/24-3A)

2 Sec. 24-3A. Gunrunning.

3 (a) A person commits gunrunning when he or she transfers 3

4 or more firearms in violation of any of the paragraphs of

5 Section 24-3 of this Code.

6 (b) Sentence. A person who commits gunrunning:

7 (1) is guilty of a Class X ~~1~~felony;

8 (2) is guilty of a Class X felony for which the

9 sentence shall be a term of imprisonment of not less than

10 10 ~~8~~ years and not more than 50 ~~40~~ years if the transfer is

11 of not less than 11 firearms and not more than 20 firearms;

12 (3) is guilty of a Class X felony for which the

13 sentence shall be a term of imprisonment of not less than

14 15 ~~10~~ years and not more than 60 ~~50~~ years if the transfer

15 is of more than 20 firearms.

16 A person who commits gunrunning by transferring firearms to a

17 person who, at the time of the commission of the offense, is

18 under 18 years of age is guilty of a Class X felonyfor which

19 the sentence shall be a term of imprisonment of no less than 6

20 years and no more than 40 years.

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

22 (720 ILCS 5/24-3B)

23 Sec. 24-3B. Firearms trafficking.

24 (a) A person commits firearms trafficking when he or she

HB5234

- 51 -

LRB101 17709 RLC 67136 b

1 has not been issued a currently valid Firearm Owner's

2 Identification Card and knowingly:

3 (1) brings, or causes to be brought, into this State, a

4 firearm or firearm ammunition for the purpose of sale,

5 delivery, or transfer to any other person or with the

6 intent to sell, deliver, or transfer the firearm or firearm

7 ammunition to any other person; or

8 (2) brings, or causes to be brought, into this State, a

9 firearm and firearm ammunition for the purpose of sale,

10 delivery, or transfer to any other person or with the

11 intent to sell, deliver, or transfer the firearm and

12 firearm ammunition to any other person.

13 (a-5) This Section does not apply to:

14 (1) a person exempt under Section 2 of the Firearm

15 Owners Identification Card Act from the requirement of

16 having possession of a Firearm Owner's Identification Card

17 previously issued in his or her name by the Department of

18 State Police in order to acquire or possess a firearm or

19 firearm ammunition;

20 (2) a common carrier under subsection (i) of Section

21 24-2 of this Code; or

22 (3) a non-resident who may lawfully possess a firearm

23 in his or her resident state.

24 (b) Sentence.

25 (1) Firearms trafficking is a Class X ~~1~~ felony ~~for~~

26 ~~which the person, if sentenced to a term of imprisonment,~~

HB5234

- 52 -

LRB101 17709 RLC 67136 b

1 ~~shall be sentenced to not less than 4 years and not more~~

2 ~~than 20 years~~.

3 (2) Firearms trafficking by a person who has been

4 previously convicted of firearms trafficking, gunrunning,

5 or a felony offense for the unlawful sale, delivery, or

6 transfer of a firearm or firearm ammunition in this State

7 or another jurisdiction is a Class X felony for which the

8 person shall be sentenced to no less than 10 years and no

9 more than 60 years.

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

11 (720 ILCS 5/24-4.1)

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

13 (a) If a person who possesses a valid Firearm Owner's

14 Identification Card and who possesses or acquires a firearm

15 thereafter loses the firearm, or if the firearm is stolen from

16 the person, the person must report the loss or theft to the

17 local law enforcement agency within 72 hours after obtaining

18 knowledge of the loss or theft.

19 (b) A law enforcement agency having jurisdiction shall take

20 a written report and shall, as soon as practical, enter the

21 firearm's serial number as stolen into the Law Enforcement

22 Agencies Data System (LEADS).

23 (c) A person shall not be in violation of this Section if:

24 (1) the failure to report is due to an act of God, act

25 of war, or inability of a law enforcement agency to receive

HB5234

- 53 -

LRB101 17709 RLC 67136 b

1 the report;

2 (2) the person is hospitalized, in a coma, or is

3 otherwise seriously physically or mentally impaired as to

4 prevent the person from reporting; or

5 (3) the person's designee makes a report if the person

6 is unable to make the report.

7 (d) Sentence. A person who violates this Section is guilty

8 of a Class A misdemeanor ~~petty offense~~ for a first violation. A

9 second or subsequent violation of this Section is a Class 4

10 felony ~~A misdemeanor~~.

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

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

13 Sec. 24-5. Defacing identification marks of firearms.

14 (a) Any person who shall knowingly or intentionally change,

15 alter, remove or obliterate the name of the importer's or

16 manufacturer's serial number of any firearm commits a Class1 ~~2~~

17 felony.

18 (b) A person who possesses any firearm upon which any such

19 importer's or manufacturer's serial number has been changed,

20 altered, removed or obliterated commits a Class 3 felony.

21 (c) Nothing in this Section shall prevent a person from

22 making repairs, replacement of parts, or other changes to a

23 firearm if those repairs, replacement of parts, or changes

24 cause the removal of the name of the maker, model, or other

25 marks of identification other than the serial number on the

HB5234

- 54 -

LRB101 17709 RLC 67136 b

1 firearm's frame or receiver.

2 (d) A prosecution for a violation of this Section may be

3 commenced within 6 years after the commission of the offense.

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

5 (720 ILCS 5/24-9)

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

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

8 for any person to store or leave, within premises under his or

9 her control, a firearm if the person knows or has reason to

10 believe that a minor under the age of 14 years who does not

11 have a Firearm Owners Identification Card is likely to gain

12 access to the firearm without the lawful permission of the

13 minor's parent, guardian, or person having charge of the minor,

14 and the minor causes death or great bodily harm with the

15 firearm, unless the firearm is:

16 (1) secured by a device or mechanism, other than the

17 firearm safety, designed to render a firearm temporarily

18 inoperable; or

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

20 (3) placed in some other location that a reasonable

21 person would believe to be secure from a minor under the

22 age of 14 years.

23 (b) Sentence. A person who violates this Section is guilty

24 of a Class A ~~C~~misdemeanor and shall be fined not less than

25 $1,000. A second or subsequent violation of this Section is a

HB5234

- 55 -

LRB101 17709 RLC 67136 b

1 Class 4 felony ~~A misdemeanor~~.

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

3 (1) if the minor under 14 years of age gains access to

4 a firearm and uses it in a lawful act of self-defense or

5 defense of another; or

6 (2) to any firearm obtained by a minor under the age of

7 14 because of an unlawful entry of the premises by the

8 minor or another person.

9 (d) For the purposes of this Section, "firearm" has the

10 meaning ascribed to it in Section 1.1 of the Firearm Owners

11 Identification Card Act.

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