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DEADLY WEAPONS
§ 137.01 UNLAWFUL USE OF WEAPONS.
   (A)   For the purpose of this section, a “STUN GUN OR TASER” shall mean:
      (1)   Any device which is powered by electrical charging units, such as batteries, and which fires one or several barbs attached to a length of wire and which, upon hitting a human, can send out a current capable of disrupting the person’s nervous system in such a manner as to render him incapable of normal functioning; or
      (2)   Any device which is powered by electrical charging units, such as batteries, and which, upon contact with a human or clothing worn by a human, can send out a current capable of disrupting the person’s nervous system in such a manner as to render him incapable of normal functioning.
   (B)   A person commits the offense of unlawful use of weapons when he knowingly:
      (1)   Sells, manufactures, purchases, possesses or carries any bludgeon, black-jack, slung-shot, sand-club, sand-bag, metal knuckles or other knuckle weapon regardless of its composition, throwing star, or any knife, commonly referred to as a “SWITCHBLADE KNIFE”, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or a “BALLISTIC KNIFE”, which is a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material or compressed gas; or
      (2)   Carries or possesses with intent to use the same unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, stun gun or taser, or any other dangerous or deadly weapon or instrument of like character; or
      (3)   Carries or possesses with intent to use the same unlawfully against another, any firearm in a church, synagogue, mosque, or other building, structure, or pace used for religious worship; or
      (4) Carries on or about his person or in any vehicle, a tear gas gun projector or bomb or any object containing noxious liquid gas or substance, other than an object containing a non- lethal noxious liquid gas or substance designed solely for personal defense carried by a person 18 years of age or older; or
      (5) Carries or possesses in any vehicle or concealed on or about his person except when on his land or in his own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person’s permission, any pistol, revolver, stun gun or taser or other firearm, except that this subsection (B)(4) does not apply to or affect transportation of weapons that meet one of the following conditions:
         (a) Are broken down in a non-functioning state; or
         (b) Are not immediately accessible; or
         (c) Are unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner’s Identification Card; or
         (d)   Are carried or possessed in accordance with the Firearm Concealed Carry Act by a person who has been issued a currently valid license under the Firearm Concealed Carry Act; or
      (6) Sets a spring gun; or
      (7) Possesses any device or attachment of any kind designed, used or intended for use in silencing the report of any firearm; or
      (8) Sells, manufactures, purchases, possesses or carries:
         (a) A “MACHINE GUN”, which shall be defined for the purposes of this subsection as any weapon, which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot without manually reloading by a single function of the trigger, including the frame or receiver of any such weapon, or sells, manufactures, purchases, possesses, or carries any combination of parts designed or intended for use in converting any weapon into a machine gun, or any combination or parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person;
         (b) Any rifle having one or more barrels less than 16 inches in length or a shotgun having one or more barrels less than 18 inches in length or any weapon made from a rifle or shotgun, whether by alteration, modification, or otherwise, if such a weapon as modified has an overall length of less than 26 inches; or
         (c) Any bomb, bomb-shell, grenade, bottle or other container containing an explosive substance of over one-quarter ounce for like purposes, such as, but not limited to, black powder bombs and Molotov cocktails or artillery projectiles; or
      (9) Carries or possesses any firearm, stun gun or taser or other deadly weapon in any place which is licensed to sell intoxicating beverages, or at any public gathering held pursuant to a license issued by any governmental body or any public gathering at which an admission is charged, excluding a place where a showing, demonstration or lecture involving the exhibition of unloaded firearms is conducted. This subsection (B)(8) does not apply to any auction or raffle of a firearm held pursuant to a license or permit issued by a governmental body, nor does it apply to persons engaged in firearm safety training courses; or
      (10) Carries or possesses in a vehicle or on or about his or her person any pistol, revolver, stun gun or taser or firearm or ballistic knife, when he or she is hooded, robed or masked in such manner as to conceal his or her identity; or
      (11) Carries or possesses on or about his or her person upon any public street, alley, or other public lands within the corporate limits of the municipality, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his land or in his own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person’s permission, any pistol, revolver, stun gun or taser, or other firearm, except that this subsection (B)(10) does not apply to or affect transportation of weapons that meet one of the following conditions:
         (a) Are broken down in a non-functioning state; or
         (b) Are not immediately accessible; or
         (c) Are unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner’s Identification Card; or
      (12) Sells, manufactures, delivers, imports, possesses, or purchases any assault weapon attachment or .50 caliber cartridge in violation of Ch. 720, Act 5, § 24-1.9 or any explosive bullet. For purposes of this paragraph (B) “EXPLOSIVE BULLET” means the projectile portion of an ammunition cartridge which contains or carries an explosive charge which will explode upon contact with the flesh of a human or an animal. “CARTRIDGE” means a tubular metal case having a projectile affixed at the front thereof and a cap or primer at the rear end thereof, with the propellant contained in such tube between the projectile and the cap; or
      (13) Carries or possesses on or about his or her person while in a building occupied by a unit of government, a billy club, other weapon of like character, or other instrument of like character intended for use as a weapon. For purposes of this section, BILLY CLUB means a short stick or club commonly carried by police officers which is either telescopic or constructed of a solid piece of wood or other man- made material; or
      (14)   Manufactures, possesses, sells, or offers to sell, purchase, manufacture, import, transfer, or use any device, part, kit, tool, accessory, or combination of parts that is designed to and functions to increase the rate of fire of a semiautomatic firearm above the standard rate of fire for semiautomatic firearms that is not equipped with that device, part, or combination of parts; or
      (15)   Carries or possesses any assault weapon or .50 caliber rifle in violation of Section 24-1.9; or
      (16)   Manufactures, sells, delivers, imports, or purchases any assault weapon or .50 caliber rifle in violation of Ch. 720, Act 5, § 24-1.9.
   (C) Crossbows, common or compound bows, and underwater spearguns are exempted from the definition of ballistic knife as defined in paragraph (B)(1) above.
   (D) The provision of paragraph (B)(1) above prohibiting the sale, manufacture, purchase, possession or carrying of any knife, commonly referred to as a switchblade knife, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, does not apply to a person who possesses a currently valid firearm owner's identification card previously issued in his or her name by the Illinois State Police or to a person or an entity engaged in the business of selling or manufacturing switchblade knives.
(ILCS Ch. 720, Act 5 § 24-1) (‘69 Code, § 18-50) Penalty, see § 130.99
§ 137.02 EXEMPTIONS TO § 137.01 PROHIBITIONS.
   (A)   Section 137.01(B)(3), (4), (10), and (12) do not apply to or affect any of the following:
      (1)   Peace officers, and any person summoned by a peace officer to assist in making arrests or preserving the peace, while actually engaged in assisting such officer.
      (2)   Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense, while in the performance of their official duty, or while commuting between their homes and places of employment.
      (3)   Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard or the Reserve Officers Training Corps, while in the performance of their official duty.
      (4)   Special agents employed by a railroad or a public utility to perform police functions, and guards of armored car companies, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment; and watchmen while actually engaged in the performance of the duties of their employment;
      (5) Persons licensed as private security contractors, private detectives, or private alarm contractors, or employed by a private security contractor, private detective, or private alarm contractor agency licensed by the Department of Professional Regulation, if their duties include the carrying of a weapon under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment. A person shall be considered eligible for this exemption if he or she has completed the required 20 hours of training for a private security contractor, private detective, or private alarm contractor, or employee of a licensed private security contractor, private detective, or private alarm contractor agency and 28 hours of required firearm training, and has been issued a firearm control card by the Department of Financial and Professional Regulation. Conditions for the renewal of firearm control cards issued under the provisions of this Section shall be the same as for those cards issued under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. The firearm control card shall be carried by the private security contractor, private detective, or private alarm contractor, or employee of the licensed private security contractor, private detective, or private alarm contractor agency at all times when he or she is in possession of a concealable weapon permitted by his or her firearm control card.
        (6)   Any person regularly employed in a commercial or industrial operation as a security guard for the protection of persons employed and private property related to such commercial or industrial operation, while actually engaged in the performance of his or her duty or traveling between sites or properties belonging to the employer, and who, as a security guard is a member of a security force registered with the Department of Financial and Professional Regulation; provided, that such security guard has successfully completed a course of study, approved by and supervised by the Department of Financial and Professional Regulation, consisting of not less than 48 hours of training that includes theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered to be eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 28 hours of required firearm training, and who has been issued a firearm control card by the Department of Financial and Professional Regulation. Conditions for the renewal of firearm control cards issued under the provisions of this section shall be the same as for those cards issued under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. The firearm control card shall be carried by the security guard at all times when he or she is in possession of a concealable weapon permitted by his or her firearm control card.
      (7)   Agents and investigators of the Illinois Legislative Investigating Commission authorized by the Commission to carry the weapons specified in § 137.01(B)(3) and (4) while on duty in the course of any investigation for the Commission.
      (8)   Persons employed by a financial institution as a security guard for the protection of other employees and property related to such financial institution, while actually engaged in the performance of their duties, commuting between their homes and places of employment, or traveling between sites or properties owned or operated by such financial institution, and who, as a security guard, is a member of a security force registered with the Department; provided that any person so employed has successfully completed a course of study, approved by and supervised by the Department of Financial and Professional Regulation, consisting of not less than 48 hours of training which includes theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered to be eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 28 hours of required firearm training, and has been issued a firearm control card by the Department of Financial and Professional Regulation. Conditions for the renewal of firearm control cards issued under the provisions of this section shall be the same as for those cards issued under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. The firearm control card shall be carried by the security guard at all times when he or she is in possession of a concealable weapon permitted by his or her firearm control card. For purposes of this subsection, “FINANCIAL INSTITUTION” means a bank, savings and loan association or credit union or company providing armored car services.
      (9)   Any person employed by an armored car company to drive an armored car, while actually engaged in the performance of his duties.
      (10)   Persons who have been classified as peace officers pursuant to the Peace Officer Fire Investigation Act (ILCS Ch. 20, Act 2910 §§ 1 et seq.).
      (11)   Investigators of the Office of the State’s Attorneys Appellate Prosecutor authorized by the board of governors of the Office of the State’s Attorneys Appellate Prosecutor to carry weapons pursuant to Section 7.06 of the “State’s Attorneys Appellate Prosecutor’s Act,” approved December 3, 1977, as amended (ILCS Ch. 725, Act 210 § 7.06).
      (12)   Special investigators appointed by a State’s Attorney under Section 3-9005 of the Counties Code (ILCS Ch. 55, Act 5 § 3-9005).
      (13)   Probation officers while in the performance of their duties, or while commuting between their homes, places of employment or specific locations that are part of their assigned duties, with the consent of the chief judge of the circuit for which they are employed, if they have received weapons training according to requirements of the Peace Officer and Probation Officer Firearm Training Act.
      (14)   Court Security Officers while in the performance of their official duties, or while commuting between their homes and places of employment, with the consent of the Sheriff.
      (15)   A person employed as an armed security guard at a nuclear energy, storage, weapons or development site or facility regulated by the Nuclear Regulatory Commission who has completed the background screening and training mandated by the rules and regulations of the Nuclear Regulatory Commission.
      (16)   Manufacture, transportation, or sale of weapons to persons authorized under (A)(1) through (15) of this section to possess those weapons.
      (17) Divisions (A)(4) and (A)(10) do not apply to or affect any person carrying a concealed pistol, revolver, or handgun and the person has been issued a currently valid license under the Firearm Concealed Carry Act at the time of the commission of the offense.
      (18)   Divisions (A)(4) and (A)(10) do not apply to or affect a qualified current or retired law enforcement officer or a current or retired deputy, county correctional officer, or correctional officer of the Department of Corrections qualified under the laws of this state or under the federal Law Enforcement Officers Safety Act.
   (B)   Section 137.01(B)(4) and (10) do not apply to or affect any of the following:
      (1)   Members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, or patrons of the ranges, while such members or patrons are using their firearms on those target ranges;
      (2)   Duly authorized military or civil organizations while parading, with the special permission of the Governor;
      (3   Hunters, trappers, or fishermen while engaged in lawful hunting, trapping, or fishing under the provisions of the Wildlife Code or the Fish and Aquatic Life Code;
      (4)   Transportation of weapons that are broken down in a non-functioning state or are not immediately accessible.
      (5)   Carrying or possessing any pistol, revolver, stun gun or taser or other firearm on the land or in the legal dwelling of another person as an invitee with that person’s permission.
   (C)   Section 137(B(7) does not apply to or affect any of the following:
      (1)   Peace officers while in performance of their official duties.
      (2)   Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense.
      (3)   Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard, while in the performance of their official duty.
      (4)   Manufacture, transportation, or sale of machine guns to persons authorized under subdivisions (1) through (3) of this subsection to possess machine guns, if the machine guns are broken down in a non-functioning state or are not immediately accessible.
      (5)   Persons licensed under federal law to manufacture any weapon from which eight or more shots or bullets can be discharged by a single function of the firing device, or ammunition for such weapons, and actually engaged in the business of manufacturing such weapons or ammunition, but only with respect to activities which are within the lawful scope of such business, such as the manufacture, transportation, or testing of such weapons or ammunition. This exemption does not authorize the general private possession of any weapon from which eight or more shots or bullets can be discharged by a single function of the firing device, but only such possession and activities as are within the lawful scope of a licensed manufacturing business described in this paragraph. During transportation, such weapons shall be broken down in a non-functioning state or not immediately accessible.
      (6)   The manufacture, transport, testing, delivery, transfer or sale, and all lawful commercial or experimental activities necessary thereto, of rifles, shotguns, and weapons made from rifles or shotguns, or ammunition for such rifles, shotguns or weapons, where engaged in by a person operating as a contractor or subcontractor pursuant to a contract or subcontract for the development and supply of such rifles, shotguns, weapons or ammunition to the United States government or any branch of the Armed Forces of the United States, when such activities are necessary and incident to fulfilling the terms of such contract. The exemption granted under this subdivision (C)(6) shall also apply to any authorized agent of any such contractor or subcontractor who is operating within the scope of his employment, where such activities involving such weapon, weapons or ammunition are necessary and incident to fulfilling the terms of such contract.
      (7)   A person possessing a rifle with a barrel or barrels less than 16 inches in length if:
         (a)   The person has been issued a Curios and Relics license from the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives; or
         (b)   The person is an active member of a bona fide, nationally recognized military re-enacting group and the modification is required and necessary to accurately portray the weapon for historical re-enactment purposes; the re-enactor is in possession of a valid and current re-enacting group membership credential; and the overall length of the weapon as modified is not less than 26 inches.
   (D)   Section 137.01(B)(1) does not apply to the purchase, possession, or carrying of a black-jack or slung-shot by a peace officer.
   (E)   Section 137.01(B)(8) does not apply to any owner, manager or authorized
employee of any place specified in that subsection nor to any law enforcement officer.
   (F)   Section 137.01(B)(4) and (10) do not apply to members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while using their firearms on those target ranges.
   (G)   Sections 137.01(B)(11) and 137.05(G) do not apply to:
      (1)   Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard, while in the performance of their official duty.
      (2)   Bonafide collectors of antique or surplus military ordnance.
      (3)   Laboratories having a department of forensic ballistics, or specializing in the development of ammunition or explosive ordnance.
      (4)   Commerce, preparation, assembly or possession of explosive bullets by manufacturers of ammunition licensed by the federal government, in connection with the supply of those organizations and persons exempted by subdivision (G)(1) of this section, or like organizations and persons outside this state, or the transportation of explosive bullets to any organization or person exempted in this section by a common carrier or by a vehicle owned or leased by an exempted manufacturer.
   (H)   Section 137.01(B)(6) does not apply to persons licensed under federal law to manufacture any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm, firearms, or ammunition for those firearms equipped with those devices, and actually engaged in the business of manufacturing those devices, firearms, or ammunition, but only with respect to activities that are within the lawful scope of that business, such as the manufacture, transportation, or testing of those devices, firearms, or ammunition. This exemption does not authorize the general private possession of any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm, but only such possession and activities as are within the lawful scope of a licensed manufacturing business described in this subsection (H). During transportation, these devices shall be detached from any weapon or not immediately accessible.
   (I)   Section 137.01(B)(4) and (10) do not apply to or affect any parole agent or parole supervisor who meets the qualifications and conditions prescribed in § 3-14-1.5 of the Unified Code of Corrections (ILCS Ch. 730, Act 5 § 3-14-1.5).
   (J)   Section 137.01(B)(6) does not apply to a peace officer while serving as a member of a tactical response team or special operations team. A peace officer may not personally own or apply for ownership of a device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm. These devices shall be owned and maintained by lawfully recognized units of government whose duties include the investigation of criminal acts.
   (K)   An information or indictment based upon a violation of any section of this subchapter need not negative any exemptions contained in this subchapter. The defendant shall have the burden of proving such an exemption.
   (L)   Nothing in this subchapter shall prohibit, apply to, or affect the transportation, carrying, or possession, of any pistol or revolver, stun gun, taser, or other firearm consigned to a common carrier operating under license of the state or the federal government, where such transportation, carrying, or possession is incident to the lawful transportation in which such common carrier is engaged; and nothing in this subchapter shall prohibit, apply to, or affect the transportation, carrying, or possession of any pistol, revolver, stun gun, taser, or other firearm, not the subject of and regulated by ILCS Ch. 720, Act 5 § 24-1(a)(7) or ILCS Ch. 720, Act 5 § 24-2(c), which is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container, by the possessor of a valid firearm owners identification card.
(ILCS Ch. 720, Act 5 § 24-2)
§ 137.03 UNLAWFUL SALE OR DELIVERY OF FIREARMS.
   (A)   For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   "ENGAGED IN THE BUSINESS." A person who devotes time, attention, and labor to engaging in the activity as a regular course of trade or business with the principal objective of livelihood and profit, but does not include a person who makes occasional repairs of firearms or who occasionally fits special barrels, stocks, or trigger mechanisms to firearms.
   "FIREARM." Has the same meaning as ILCS Ch. 430, Act 65 §§ 1 et seq.
   "HANDGUN." A firearm designed to be held and fired by the use of a single hand, and includes a combination of parts from which a firearm can be assembled.
   "WITH THE PRINCIPAL OBJECTIVE OF LIVELIHOOD AND PROFIT." The intent underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms collection. However, proof of profit shall not be required as to a person who engages in the regular and repetitive purchase and disposition of firearms for criminal purposes or terrorism.
   (B)   A person commits the offense of unlawful sale or delivery of firearms when he or she knowingly does any of the following:
      (1)   Sells or gives any firearm of a size which may be concealed upon the person to any person under 18 years of age.
      (2)   Sells or gives any firearm to a person under 21 years of age who has been convicted of a misdemeanor other than a traffic offense, or adjudged delinquent.
      (3)   Sells or gives any firearm to any narcotic addict.
      (4)   Sells or gives any firearm to any person who has been convicted of a felony under the laws of this or any other jurisdiction.
      (5)   Sells or gives any firearm to any person who has been a patient in a mental institution within the past five years. In this division (B):
         "MENTAL INSTITUTION." Any hospital, institution, clinic evaluation facility, mental health center, or part thereof, which is used primarily for the care or treatment of persons with mental illness.
         "PATIENT IN A MENTAL INSTITUTION." The person was admitted, either voluntarily or involuntarily, to a mental institution for mental health treatment, unless the treatment was voluntarily and solely for an alcohol abuse disorder and no other secondary substance abuse disorder or mental illness.
      (6)   Sells or gives any firearm to any person who is a person with an intellectual disability.
      (7)   Delivers any firearm of a size which may be concealed upon the person, incidental to a sale, without withholding delivery of the firearm for at least 72 hours after application for its purchase has been made, or delivers any rifle, shotgun, or other long gun, or a stun gun or taser, incidental to a sale, without withholding delivery of the rifle, shotgun, or other long gun, or a stun gun or taser for at least 24 hours after application for its purchase has been made. However, this subdivision does not apply to:
         (a)   The sale of a firearm to a law enforcement officer if the seller of the firearm knows that the person to whom he or she is selling the firearm is a law enforcement officer or the sale of a firearm to a person who desires to purchase a firearm for use in promoting the public interest incident to his or her employment as a bank guard, armed truck guard, or other similar employment;
         (b)   A mail order sale of a firearm from a federally licensed firearms dealer to a nonresident of Illinois under which firearm is mailed to a federally licensed firearms dealer outside the boundaries of Illinois;
         (c)   The sale of a firearm to a nonresident of Illinois while at a firearm showing or display recognized by the Illinois Department of State Police;
         (d)   The sale of a firearm to a dealer licensed as a federal firearms dealer under Section 923 of the federal Gun Control Ac of 1968 (18 U.S.C. 923); or
         (e)   The transfer or sale of any rifle, shotgun, or other long gun to a resident registered competitor or attendee or non-resident registered competitor or attendee by any dealer licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 at competitive shooting events held at the World Shooting Complex sanctioned by a national governing body. For purposes of transfers or sales under this division (e), the Department of Natural Resources shall give notice to the Department of State Police at least 30 calendar days prior to any competitive shooting events at the World Shooting Complex sanctioned by a national governing body. The notification shall be made on a form prescribed by the Department of State Police. The sanctioning body shall provide a list of all registered competitors and attendees at least 24 hours before the events to the Department of State Police. Any changes to the list of registered competitors and attendees shall be forwarded to the Department of State Police as soon as practicable. The Department of State Police must destroy the list of registered competitors and attendees no later than 30 days after the date of the event. Nothing in this division (e) relieves a federally licensed firearm dealer from the requirements of conducting a NICS background check through the Illinois Point of Contact under 18 U.S.C. 922(t). For purposes of this division, "APPLICATION" means when the buyer and seller reach an agreement to purchase a firearm. For purposes of this division, “NATIONAL GOVERNING BODY” means a group of persons who adopt rules and formulate policy on behalf of a national firearm sporting organization.
      (8)   While holding any license as a dealer, importer, manufacturer, or pawn- broker under the Federal Gun Control Act of 1968, manufactures, sells or delivers to any unlicensed person a handgun having a barrel, slide, frame, or receiver which is a die casting of zinc alloy or any other non- homogeneous metal which will melt or deform at a temperature of less than 800°F.
      (9)   Division (B)(8) of this section shall not include firearms sold within six months, after October 1, 1973, nor shall any firearm legally owned or possessed by any citizen or purchased by any citizen within six months after October 1, 1973, be subject to confiscation or seizure under the provisions of this section. Nothing in this chapter shall be construed to prohibit the gift or trade of any firearm if that firearm was legally held or acquired within six months after October 1, 1973.
      (10)   Sells or gives a firearm of any size to any person under 18 years of age who does not possess a valid Firearm Owner’s Identification Card.
      (11)   Sells or gives a firearm while engaged in the business of selling firearms at wholesale or retail without being licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
(‘69 Code, § 18-51)
Statutory reference:
   Unlawful sale or delivery of firearms, see ILCS Ch. 720, Act 5 § 24-3
§ 137.04 REGISTER OF SALES BY DEALER.
   (A)   Any seller of firearms of a size which may be concealed upon the person, other than a manufacturer selling to a bona fide wholesaler or retailer or a wholesaler selling to a bona fide retailer, shall keep a register of all firearms sold or given away.
   (B)   The register shall contain the date of the sale or gift, the name, address, age, and occupation of the person to whom the weapon is sold or given, the price of the weapon, the kind, and the purpose for which it is purchased and obtained.
   (C)   The seller, on demand of a peace officer, shall produce for inspection the register and allow the peace officer to inspect the register and all stock on hand.
(ILCS Ch. 720, Act 5 § 24-4) Penalty, see § 130.99
§ 137.05 UNLAWFUL POSSESSION OF FIREARMS AND FIREARM AMMUNITION.
   A person commits the offense of unlawful possession of firearms or firearm ammunition when:
   (A)   He is under 18 years of age and has in his possession any firearm of a size which may be concealed upon the person; or
   (B)   He is under 21 years of age, has been convicted of a misdemeanor other than a traffic offense or adjudged delinquent, and has any firearms or firearm ammunition in his possession; or
   (C)   He is a narcotic addict and has any firearms or firearm ammunition in his possession; or
   (D)   He has been a patient in a mental hospital within the past five years and has any firearms or firearm ammunition in his possession; or
   (E)   He is a person with an intellectual disability and has any firearms or firearm ammunition in his possession.
   (F)   He has in his possession any explosive bullet. For purposes of this division “EXPLOSIVE BULLET” means the projectile portion of an ammunition cartridge which contains or carries an explosive charge which will explode upon contact with the flesh of a human or an animal. “CARTRIDGE” means a tubular metal case having a projectile affixed at the front thereof and a cap or primer at the rear end thereof, with the propellant contained in such tube between the projectile and the cap.
   Nothing in division (A) of this section prohibits a person under 18 years of age from participating in any lawful recreational activity with a firearm such as, but not limited to, practice shooting at targets upon established public or private target ranges or hunting, trapping, or fishing in accordance with the Wildlife Code or the Fish and Aquatic Life Code.
(ILCS Ch. 720, Act 5 § 24-3.1) Penalty, see § 130.99
Statutory reference:
   Unauthorized possession or storage of weapons on government-funded land, see ILCS Ch. 720, Act 5 § 21-6
§ 137.06 RESERVED.
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