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Public Act 100-0082
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| SB0607 Enrolled | LRB100 04791 SLF 14800 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 2012 is amended by changing |
Section 24-1 as follows:
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(720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
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Sec. 24-1. Unlawful use of weapons.
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(a) A person commits the offense of unlawful use of weapons |
when
he knowingly:
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(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
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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
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(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 |
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deadly weapon or instrument of like character; or
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(3) 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
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years of age or older; or
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(4) 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
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this subsection (a) (4) does not apply to or affect |
transportation of weapons
that meet one of the following |
conditions:
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(i) are broken down in a non-functioning state; or
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(ii) are not immediately accessible; or
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(iii) 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 |
(iv) 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
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(5) Sets a spring gun; or
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(6) Possesses any device or attachment of any kind |
designed, used or
intended for use in silencing the report |
of any firearm; or
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(7) Sells, manufactures, purchases, possesses or |
carries:
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(i) 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
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possession or under the control of a person;
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(ii) any rifle having one or
more barrels less than |
16 inches in length or a shotgun having one or more
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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
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(iii) any
bomb, bomb-shell, grenade, bottle or |
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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
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(8) 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
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involving the exhibition of unloaded firearms is |
conducted.
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This subsection (a)(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
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engaged
in firearm safety training courses; or
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(9) Carries or possesses in a vehicle or on or about |
his person any
pistol, revolver, stun gun or taser or |
firearm or ballistic knife, when
he is hooded, robed or |
masked in such manner as to conceal his identity; or
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(10) Carries or possesses on or about his person, upon |
any public street,
alley, or other public lands within the |
corporate limits of a city, village
or incorporated town, |
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, |
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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 |
(a) (10) does not apply to or affect transportation of |
weapons that
meet one of the following conditions:
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(i) are broken down in a non-functioning state; or
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(ii) are not immediately accessible; or
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(iii) 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
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(iv) 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. |
A "stun gun or taser", as used in this paragraph (a) |
means (i) 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 (ii) any |
device which is powered by electrical
charging units, such |
as batteries, and which, upon contact with a human or
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clothing worn by a human, can send out current capable of |
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disrupting
the person's nervous system in such a manner as |
to render him incapable
of normal functioning; or
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(11) Sells, manufactures or purchases any explosive |
bullet. For purposes
of this paragraph (a) "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
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(12) (Blank); or
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(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 the 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. |
(b) Sentence. A person convicted of a violation of |
subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
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subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a |
Class A
misdemeanor.
A person convicted of a violation of |
subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a |
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person
convicted of a violation of subsection 24-1(a)(6) or |
24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person |
convicted of a violation of subsection
24-1(a)(7)(i) commits a |
Class 2 felony and shall be sentenced to a term of imprisonment |
of not less than 3 years and not more than 7 years, unless the |
weapon is possessed in the
passenger compartment of a motor |
vehicle as defined in Section 1-146 of the
Illinois Vehicle |
Code, or on the person, while the weapon is loaded, in which
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case it shall be a Class X felony. A person convicted of a
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second or subsequent violation of subsection 24-1(a)(4), |
24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 |
felony. The possession of each weapon in violation of this |
Section constitutes a single and separate violation.
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(c) Violations in specific places.
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(1) A person who violates subsection 24-1(a)(6) or |
24-1(a)(7) in any
school, regardless of the time of day or |
the time of year, in residential
property owned, operated |
or managed by a public housing agency or
leased by
a public |
housing agency as part of a scattered site or mixed-income
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development, in a
public park, in a courthouse, on the real |
property comprising any school,
regardless of the
time of |
day or the time of year, on residential property owned, |
operated
or
managed by a public housing agency
or leased by |
a public housing agency as part of a scattered site or
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mixed-income development,
on the real property comprising |
any
public park, on the real property comprising any |
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courthouse, in any conveyance
owned, leased or contracted |
by a school to
transport students to or from school or a |
school related activity, in any conveyance
owned, leased, |
or contracted by a public transportation agency, or on any
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public way within 1,000 feet of the real property |
comprising any school,
public park, courthouse, public |
transportation facility, or residential property owned, |
operated, or managed
by a public housing agency
or leased |
by a public housing agency as part of a scattered site or
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mixed-income development
commits a Class 2 felony and shall |
be sentenced to a term of imprisonment of not less than 3 |
years and not more than 7 years.
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(1.5) A person who violates subsection 24-1(a)(4), |
24-1(a)(9), or
24-1(a)(10) in any school, regardless of the |
time of day or the time of year,
in residential property |
owned, operated, or managed by a public
housing
agency
or |
leased by a public housing agency as part of a scattered |
site or
mixed-income development,
in
a public
park, in a |
courthouse, on the real property comprising any school, |
regardless
of the time of day or the time of year, on |
residential property owned,
operated, or managed by a |
public housing agency
or leased by a public housing agency |
as part of a scattered site or
mixed-income development,
on |
the real property
comprising any public park, on the real |
property comprising any courthouse, in
any conveyance |
owned, leased, or contracted by a school to transport |
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students
to or from school or a school related activity, in |
any conveyance
owned, leased, or contracted by a public |
transportation agency, or on any public way within
1,000 |
feet of the real property comprising any school, public |
park, courthouse,
public transportation facility, or |
residential property owned, operated, or managed by a |
public
housing agency
or leased by a public housing agency |
as part of a scattered site or
mixed-income development
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commits a Class 3 felony.
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(2) A person who violates subsection 24-1(a)(1), |
24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the |
time of day or the time of year, in
residential property |
owned, operated or managed by a public housing
agency
or |
leased by a public housing agency as part of a scattered |
site or
mixed-income development,
in
a public park, in a |
courthouse, on the real property comprising any school,
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regardless of the time of day or the time of year, on |
residential property
owned, operated or managed by a public |
housing agency
or leased by a public housing agency as part |
of a scattered site or
mixed-income development,
on the |
real property
comprising any public park, on the real |
property comprising any courthouse, in
any conveyance |
owned, leased or contracted by a school to transport |
students
to or from school or a school related activity, in |
any conveyance
owned, leased, or contracted by a public |
transportation agency, or on any public way within
1,000 |
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feet of the real property comprising any school, public |
park, courthouse,
public transportation facility, or |
residential property owned, operated, or managed by a |
public
housing agency or leased by a public housing agency |
as part of a scattered
site or mixed-income development |
commits a Class 4 felony. "Courthouse"
means any building |
that is used by the Circuit, Appellate, or Supreme Court of
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this State for the conduct of official business.
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(3) Paragraphs (1), (1.5), and (2) of this subsection |
(c) shall not
apply to law
enforcement officers or security |
officers of such school, college, or
university or to |
students carrying or possessing firearms for use in |
training
courses, parades, hunting, target shooting on |
school ranges, or otherwise with
the consent of school |
authorities and which firearms are transported unloaded
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enclosed in a suitable case, box, or transportation |
package.
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(4) For the purposes of this subsection (c), "school" |
means any public or
private elementary or secondary school, |
community college, college, or
university.
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(5) For the purposes of this subsection (c), "public |
transportation agency" means a public or private agency |
that provides for the transportation or conveyance of
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persons by means available to the general public, except |
for transportation
by automobiles not used for conveyance |
of the general public as passengers; and "public |
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transportation facility" means a terminal or other place
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where one may obtain public transportation.
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(d) The presence in an automobile other than a public |
omnibus of any
weapon, instrument or substance referred to in |
subsection (a)(7) is
prima facie evidence that it is in the |
possession of, and is being
carried by, all persons occupying |
such automobile at the time such
weapon, instrument or |
substance is found, except under the following
circumstances: |
(i) if such weapon, instrument or instrumentality is
found upon |
the person of one of the occupants therein; or (ii) if such
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weapon, instrument or substance is found in an automobile |
operated for
hire by a duly licensed driver in the due, lawful |
and proper pursuit of
his trade, then such presumption shall |
not apply to the driver.
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(e) Exemptions. |
(1) Crossbows, Common or Compound bows and Underwater
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Spearguns are exempted from the definition of ballistic |
knife as defined in
paragraph (1) of subsection (a) of this |
Section. |
(2) The provision of paragraph (1) of subsection (a) of |
this Section 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 |