Can you register a stolen gun?

Answer 1

If the gun is stolen property you will likely be arrested with receiving stolen goods. A stolen gun is the property of the person it was taken from, not the person who stole it (or bought it from the thief). So no you cannot legally register a gun that was stolen because you don't own the gun.

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Well all laws vary a little from state to state but here is the unanimous state reply to your question. You can check HotGunz.com or similar sites to see if your gun is on the list.

Public Act 91-0544

HB0227 Enrolled LRB9101242RCks

AN ACT to amend the Criminal Code of 1961 by changing

Sections 16-1 and 24-1.1 and adding Sections 2-7.1, 16-16,

and 16-16.1.

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

represented in the General Assembly:

Section 5. The Criminal Code of 1961 is amended by

changing Sections 16-1 and 24-1.1 and adding Sections 2-7.1,

16-16, and 16-16.1 as follows:

(720 ILCS 5/2-7.1 new)

Sec. 2-7.1. "Firearm" and "firearm ammunition".

"Firearm" and "firearm ammunition" have the meanings ascribed

to them in Section 1.1 of the Firearm Owners Identification

Card Act.

(720 ILCS 5/16-1) (from Ch. 38, par. 16-1)

Sec. 16-1. Theft.

(a) A person commits theft when he knowingly:

(1) Obtains or exerts unauthorized control over

property of the owner; or

(2) Obtains by deception control over property of

the owner; or

(3) Obtains by threat control over property of the

owner; or

(4) Obtains control over stolen property knowing

the property to have been stolen or under such

circumstances as would reasonably induce him to believe

that the property was stolen; or

(5) Obtains or exerts control over property in the

custody of any law enforcement agency which is explicitly

represented to him by any law enforcement officer or any

individual acting in behalf of a law enforcement agency

as being stolen, and

(A) Intends to deprive the owner permanently

of the use or benefit of the property; or

(B) Knowingly uses, conceals or abandons the

property in such manner as to deprive the owner

permanently of such use or benefit; or

(C) Uses, conceals, or abandons the property

knowing such use, concealment or abandonment

probably will deprive the owner permanently of such

use or benefit.

The term "firearm" for the purposes of this Section has

the meaning ascribed to it in Section 1.1 of the Firearm

Owners Identification Card Act.

(b) Sentence.

(1) Theft of property, other than a firearm, not

from the person and not exceeding $300 in value is a

Class A misdemeanor.

(2) A person who has been convicted of theft of

property not from the person and not exceeding $300 in

value, other than a firearm and not from the person, who

has been previously convicted of any type of theft,

robbery, armed robbery, burglary, residential burglary,

possession of burglary tools or home invasion is guilty

of a Class 4 felony. When a person has any such prior

conviction, the information or indictment charging that

person shall state such prior conviction so as to give

notice of the State's intention to treat the charge as a

felony. The fact of such prior conviction is not an

element of the offense and may not be disclosed to the

jury during trial unless otherwise permitted by issues

properly raised during such trial.

(3) (Blank). Theft of a firearm not from the person

regardless of value is a Class 4 felony. A second or

subsequent such offense is a Class 3 felony.

(4) Theft of property from the person not exceeding

$300 in value, or theft of property exceeding $300 and

not exceeding $10,000 in value, is a Class 3 felony.

(5) Theft of property exceeding $10,000 and not

exceeding $100,000 in value is a Class 2 felony.

(6) Theft of property exceeding $100,000 in value

is a Class 1 felony.

(7) Theft by deception, as described by paragraph

(2) of subsection (a) of this Section, in which the

offender obtained money or property valued at $5,000 or

more from a victim 60 years of age or older is a Class 2

felony.

(c) When a charge of theft of property exceeding a

specified value is brought, the value of the property

involved is an element of the offense to be resolved by the

trier of fact as either exceeding or not exceeding the

specified value.

(Source: P.A. 89-377, eff. 8-18-95.)

(720 ILCS 5/16-16 new)

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

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

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

possesses or delivers the firearm, knowing it to have been

stolen or converted. It may be inferred that a person who

possesses a firearm with knowledge that its serial number has

been removed or altered has knowledge that the firearm is

stolen or converted.

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

(720 ILCS 5/16-16.1 new)

Sec. 16-16.1. Aggravated possession of a stolen firearm.

(a) A person commits aggravated possession of a stolen

firearm when he or she:

(1) Not being entitled to the possession of not

less than 2 and not more than 5 firearms, possesses or

delivers those firearms at the same time or within a one

year period, knowing the firearms to have been stolen or

converted.

(2) Not being entitled to the possession of not

less than 6 and not more than 10 firearms, possesses or

delivers those firearms at the same time or within a 2

year period, knowing the firearms to have been stolen or

converted.

(3) Not being entitled to the possession of not

less than 11 and not more than 20 firearms, possesses or

delivers those firearms at the same time or within a 3

year period, knowing the firearms to have been stolen or

converted.

(4) Not being entitled to the possession of not

less than 21 and not more than 30 firearms, possesses or

delivers those firearms at the same time or within a 4

year period, knowing the firearms to have been stolen or

converted.

(5) Not being entitled to the possession of more

than 31 firearms, possesses or delivers those firearms at

the same time or within a 5 year period, knowing the

firearms to have been stolen or converted.

(b) It may be inferred that a person who possesses a

firearm with knowledge that its serial number has been

removed or altered has knowledge that the firearm is stolen

or converted.

(c) Sentence.

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

subsection (a) of this Section commits a Class 1 felony.

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

subsection (a) of this Section commits a Class X felony

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

imprisonment of not less than 6 years and not more than

30 years.

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

subsection (a) of this Section commits a Class X felony

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

imprisonment of not less than 6 years and not more than

40 years.

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

subsection (a) of this Section commits a Class X felony

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

imprisonment of not less than 6 years and not more than

50 years.

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

subsection (a) of this Section commits a Class X felony

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

imprisonment of not less than 6 years and not more than

60 years.

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

Sec. 24-1.1. Unlawful Use or Possession of Weapons by

Felons or Persons in the Custody of the Department of

Corrections Facilities.

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

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

fixed place of business any weapon prohibited under Section

24-1 of this Act or any firearm or any firearm ammunition if

the person has been convicted of a felony under the laws of

this State or any other jurisdiction. This Section shall not

apply if the person has been granted relief by the Director

of the Department of State Police under Section 10 of the

Firearm Owners Identification Card Act.

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

institution, which is a facility of the Illinois Department

of Corrections, to possess any weapon prohibited under

Section 24-1 of this Code or any firearm or firearm

ammunition, regardless of the intent with which he possesses

it.

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

subsection (b), that such possession was specifically

authorized by rule, regulation, or directive of the Illinois

Department of Corrections or order issued pursuant thereto.

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

person who is charged with a violation of subsection (b) of

this Section.

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

confined in a penal institution shall be a Class 3 felony for

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

shall be sentenced to no less than 2 years and no more than

10 years. Violation of this Section by a person not confined

in a penal institution who has been convicted of a forcible

felony, a felony violation of Article 24 of this Code or of

the Firearm Owners Identification Card Act, stalking or

aggravated stalking, or a Class 2 or greater felony under the

Illinois Controlled Substances Act or the Cannabis Control

Act is a Class 2 felony for which the person, if sentenced to

a term of imprisonment, shall be sentenced to not less than 3

years and not more than 14 years. Violation of this Section

by a person who is on parole or mandatory supervised release

is a Class 2 felony for which the person, if sentenced to a

term of imprisonment, shall be sentenced to not less than 3

years and not more than 14 years. Violation of this Section

by a person not confined in a penal institution is a Class X

felony when the firearm possessed is a machine gun. Any

person who violates this Section while confined in a penal

institution, which is a facility of the Illinois Department

of Corrections, is guilty of a Class 1 felony, if he

possesses any weapon prohibited under Section 24-1 of this

Code regardless of the intent with which he possesses it, and

a Class X felony if he possesses any firearm, firearm

ammunition or explosive, and a Class X felony for which the

offender shall be sentenced to not less than 12 years and not

more than 50 years when the firearm possessed is a machine

gun.

(Source: P.A. 88-300.)