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Sen. William R. Haine
Filed: 3/4/2009
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| AMENDMENT TO SENATE BILL 72
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| AMENDMENT NO. ______. Amend Senate Bill 72 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Criminal Code of 1961 is amended by |
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| changing Sections 24-1, 24-1.6, and 24-2 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 |
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| when
he knowingly:
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| (1) Sells, manufactures, purchases, possesses or |
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| carries any bludgeon,
black-jack, slung-shot, sand-club, |
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| sand-bag, metal knuckles or other knuckle weapon |
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| regardless of its composition, throwing star,
or any knife, |
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| commonly referred to as a switchblade knife, which has a
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| blade that opens automatically by hand pressure applied to |
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| a button,
spring or other device in the handle of the |
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| knife, or a ballistic knife,
which is a device that propels |
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| a knifelike blade as a projectile by means
of a coil |
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| spring, elastic material or compressed gas; or
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| (2) Carries or possesses with intent to use the same |
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| unlawfully
against another, a dagger, dirk, billy, |
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| dangerous knife, razor,
stiletto, broken bottle or other |
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| 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 |
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| tear gas gun
projector or bomb or any object containing |
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| noxious liquid gas or
substance, other than an object |
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| containing a non-lethal noxious liquid gas
or substance |
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| 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 |
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| or about his
person except when on his land or in his own |
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| abode or fixed place of
business , or a legal dwelling or |
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| place where he or she is an invitee therein, any pistol, |
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| revolver, stun gun or taser or other firearm, except
that
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| this subsection (a) (4) does not apply to or affect |
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| transportation of weapons
that meet one of the following |
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| 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 |
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| carrying box,
shipping box, or other container by a |
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| person who has been issued a currently
valid Firearm |
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| Owner's
Identification Card; or
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| (5) Sets a spring gun; or
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| (6) Possesses any device or attachment of any kind |
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| designed, used or
intended for use in silencing the report |
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| of any firearm; or
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| (7) Sells, manufactures, purchases, possesses or |
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| carries:
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| (i) a machine gun, which shall be defined for the |
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| purposes of this
subsection as any weapon,
which |
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| shoots, is designed to shoot, or can be readily |
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| restored to shoot,
automatically more than one shot |
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| without manually reloading by a single
function of the |
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| trigger, including the frame or receiver
of any such |
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| weapon, or sells, manufactures, purchases, possesses, |
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| or
carries any combination of parts designed or |
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| intended for
use in converting any weapon into a |
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| machine gun, or any combination or
parts from which a |
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| 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 |
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| 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 |
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| made from a rifle or
shotgun, whether by alteration, |
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| modification, or otherwise, if such a weapon
as |
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| modified has an overall length of less than 26 inches; |
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| or
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| (iii) any
bomb, bomb-shell, grenade, bottle or |
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| other container containing an
explosive substance of |
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| over one-quarter ounce for like purposes, such
as, but |
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| not limited to, black powder bombs and Molotov |
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| cocktails or
artillery projectiles; or
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| (8) Carries or possesses any firearm, stun gun or taser |
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| or other
deadly weapon in any place which is licensed to |
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| sell intoxicating
beverages, or at any public gathering |
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| held pursuant to a license issued
by any governmental body |
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| or any public gathering at which an admission
is charged, |
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| excluding a place where a showing, demonstration or lecture
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| involving the exhibition of unloaded firearms is |
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| conducted.
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| This subsection (a)(8) does not apply to any auction or |
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| raffle of a firearm
held pursuant to
a license or permit |
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| 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 |
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| his person any
pistol, revolver, stun gun or taser or |
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| firearm or ballistic knife, when
he is hooded, robed or |
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| masked in such manner as to conceal his identity; or
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| (10) Carries or possesses on or about his person, upon |
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| any public street,
alley, or other public lands within the |
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| corporate limits of a city, village
or incorporated town, |
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| except when an invitee thereon or therein, for the
purpose |
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| of the display of such weapon or the lawful commerce in |
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| weapons, or
except when on his land or in his own abode or |
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| fixed place of business, or a legal dwelling or place where |
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| he or she is an invitee therein, any
pistol, revolver, stun |
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| gun or taser or other firearm, except that this
subsection |
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| (a) (10) does not apply to or affect transportation of |
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| 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 |
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| carrying box,
shipping box, or other container by a |
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| person who has been issued a currently
valid Firearm |
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| Owner's
Identification Card.
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| A "stun gun or taser", as used in this paragraph (a) |
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| means (i) any device
which is powered by electrical |
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| charging units, such as, batteries, and
which fires one or |
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| several barbs attached to a length of wire and
which, upon |
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| hitting a human, can send out a current capable of |
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| disrupting
the person's nervous system in such a manner as |
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| to render him incapable of
normal functioning or (ii) any |
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| device which is powered by electrical
charging units, such |
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| 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 |
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| to render him incapable
of normal functioning; or
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| (11) Sells, manufactures or purchases any explosive |
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| bullet. For purposes
of this paragraph (a) "explosive |
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| bullet" means the projectile portion of
an ammunition |
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| cartridge which contains or carries an explosive charge |
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| which
will explode upon contact with the flesh of a human |
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| or an animal.
"Cartridge" means a tubular metal case having |
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| a projectile affixed at the
front thereof and a cap or |
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| primer at the rear end thereof, with the
propellant |
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| contained in such tube between the projectile and the cap; |
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| or
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| (12) (Blank); or
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| (13) Carries or possesses on or about his or her person |
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| while in a building occupied by a unit of government, a |
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| billy club, other weapon of like character, or other |
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| instrument of like character intended for use as a weapon. |
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| For the purposes of this Section, "billy club" means a |
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| short stick or club commonly carried by police officers |
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| which is either telescopic or constructed of a solid piece |
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| of wood or other man-made material. |
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| (b) Sentence. A person convicted of a violation of |
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| 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 |
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| Class A
misdemeanor.
A person convicted of a violation of |
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| 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 |
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| 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person |
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| convicted of a violation of subsection
24-1(a)(7)(i) commits a |
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| Class 2 felony and shall be sentenced to a term of imprisonment |
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| of not less than 3 years and not more than 7 years, unless the |
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| weapon is possessed in the
passenger compartment of a motor |
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| vehicle as defined in Section 1-146 of the
Illinois Vehicle |
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| 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), |
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| 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 |
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| felony. The possession of each weapon in violation of this |
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| 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 |
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| 24-1(a)(7) in any
school, regardless of the time of day or |
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| the time of year, in residential
property owned, operated |
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| or managed by a public housing agency or
leased by
a public |
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| 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 |
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| property comprising any school,
regardless of the
time of |
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| day or the time of year, on residential property owned, |
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| operated
or
managed by a public housing agency
or leased by |
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| a public housing agency as part of a scattered site or
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| mixed-income development,
on the real property comprising |
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| any
public park, on the real property comprising any |
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| courthouse, in any conveyance
owned, leased or contracted |
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| by a school to
transport students to or from school or a |
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| school related activity, or on any
public way within 1,000 |
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| feet of the real property comprising any school,
public |
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| park, courthouse, or residential property owned, operated, |
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| or managed
by a public housing agency
or leased by a public |
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| housing agency as part of a scattered site or
mixed-income |
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| development
commits a Class 2 felony and shall be sentenced |
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| to a term of imprisonment of not less than 3 years and not |
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| more than 7 years.
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| (1.5) A person who violates subsection 24-1(a)(4), |
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| 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the |
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| time of day or the time of year,
in residential property |
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| owned, operated, or managed by a public
housing
agency
or |
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| leased by a public housing agency as part of a scattered |
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| site or
mixed-income development,
in
a public
park, in a |
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| courthouse, on the real property comprising any school, |
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| regardless
of the time of day or the time of year, on |
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| residential property owned,
operated, or managed by a |
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| public housing agency
or leased by a public housing agency |
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| as part of a scattered site or
mixed-income development,
on |
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| the real property
comprising any public park, on the real |
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| property comprising any courthouse, in
any conveyance |
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| owned, leased, or contracted by a school to transport |
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| students
to or from school or a school related activity, or |
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| on any public way within
1,000 feet of the real property |
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| comprising any school, public park, courthouse,
or |
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| residential property owned, operated, or managed by a |
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| public
housing agency
or leased by a public housing agency |
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| 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), |
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| 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the |
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| time of day or the time of year, in
residential property |
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| owned, operated or managed by a public housing
agency
or |
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| leased by a public housing agency as part of a scattered |
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| site or
mixed-income development,
in
a public park, in a |
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| courthouse, on the real property comprising any school,
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| regardless of the time of day or the time of year, on |
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| residential property
owned, operated or managed by a public |
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| housing agency
or leased by a public housing agency as part |
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| of a scattered site or
mixed-income development,
on the |
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| real property
comprising any public park, on the real |
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| property comprising any courthouse, in
any conveyance |
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| owned, leased or contracted by a school to transport |
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| students
to or from school or a school related activity, or |
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| on any public way within
1,000 feet of the real property |
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| comprising any school, public park, courthouse,
or |
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| residential property owned, operated, or managed by a |
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| public
housing agency or leased by a public housing agency |
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| as part of a scattered
site or mixed-income development |
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| commits a Class 4 felony. "Courthouse"
means any building |
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| 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 |
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| (c) shall not
apply to law
enforcement officers or security |
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| officers of such school, college, or
university or to |
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| students carrying or possessing firearms for use in |
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| training
courses, parades, hunting, target shooting on |
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| school ranges, or otherwise with
the consent of school |
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| authorities and which firearms are transported unloaded
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| enclosed in a suitable case, box, or transportation |
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| package.
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| (4) For the purposes of this subsection (c), "school" |
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| means any public or
private elementary or secondary school, |
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| community college, college, or
university.
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| (d) The presence in an automobile other than a public |
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| omnibus of any
weapon, instrument or substance referred to in |
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| subsection (a)(7) is
prima facie evidence that it is in the |
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| possession of, and is being
carried by, all persons occupying |
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| such automobile at the time such
weapon, instrument or |
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| substance is found, except under the following
circumstances: |
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| (i) if such weapon, instrument or instrumentality is
found upon |
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| 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 |
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| operated for
hire by a duly licensed driver in the due, lawful |
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| and proper pursuit of
his trade, then such presumption shall |
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| not apply to the driver.
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| (e) Exemptions. Crossbows, Common or Compound bows and |
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| Underwater
Spearguns are exempted from the definition of |
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| ballistic knife as defined in
paragraph (1) of subsection (a) |
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| of this Section.
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| (Source: P.A. 94-72, eff. 1-1-06; 94-284, eff. 7-21-05; 95-331, |
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| eff. 8-21-07; 95-809, eff. 1-1-09; 95-885, eff. 1-1-09; revised |
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| 9-5-08.)
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| (720 ILCS 5/24-1.6)
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| Sec. 24-1.6. Aggravated unlawful use of a weapon.
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| (a) A person commits the offense of aggravated unlawful use |
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| of a weapon when
he or she knowingly:
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| (1) Carries on or about his or her person or in any |
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| vehicle or concealed
on or about his or her person except |
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| when on his or her land or in his or her
abode or fixed |
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| place of business , or a legal dwelling or place where he or |
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| she is an invitee therein, any pistol, revolver, stun gun |
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| or taser or
other firearm; or
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| (2) Carries or possesses on or about his or her person, |
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| upon any public
street, alley, or other public lands within |
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| the corporate limits of a city,
village or incorporated |
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| town, except when an invitee thereon or therein, for
the |
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| purpose of the display of such weapon or the lawful |
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| commerce in weapons, or
except when on his or her own land |
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| or in his or her own abode or fixed place of
business, or a |
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| legal dwelling or place where he or she is an invitee |
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| therein, any pistol, revolver, stun gun or taser or other |
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| firearm; and
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| (3) One of the following factors is present:
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| (A) the firearm possessed was uncased, loaded and |
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| immediately accessible
at the time of the offense; or
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| (B) the firearm possessed was uncased, unloaded |
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| and the ammunition for
the weapon was immediately |
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| accessible at the time of the offense; or
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| (C) the person possessing the firearm has not been |
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| issued a currently
valid Firearm Owner's |
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| Identification Card; or
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| (D) the person possessing the weapon was |
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| previously adjudicated
a delinquent minor under the |
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| Juvenile Court Act of 1987 for an act that if
committed |
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| by an adult would be a felony; or
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| (E) the person possessing the weapon was engaged in |
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| a misdemeanor
violation of the Cannabis
Control Act, in |
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| a misdemeanor violation of the Illinois Controlled |
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| Substances
Act, or in a misdemeanor violation of the |
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| Methamphetamine Control and Community Protection Act; |
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| or
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| (F) the person possessing the weapon is a member of |
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| a
street gang or is engaged in street gang related |
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| activity, as defined in
Section 10 of the Illinois |
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| Streetgang Terrorism Omnibus Prevention Act; or
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| (G) the person possessing the weapon had a order of |
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| protection issued
against him or her within the |
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| previous 2 years; or
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| (H) the person possessing the weapon was engaged in |
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| the commission or
attempted commission of
a |
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| misdemeanor involving the use or threat of violence |
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| against
the person or property of another; or
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| (I) the person possessing the weapon was under 21 |
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| years of age and in
possession of a handgun as defined |
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| in Section 24-3, unless the person under 21
is engaged |
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| in lawful activities under the Wildlife Code or |
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| described in
subsection 24-2(b)(1), (b)(3), or |
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| 24-2(f).
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| (b) "Stun gun or taser" as used in this Section has the |
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| same definition
given to it in Section 24-1 of this Code.
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| (c) This Section does not apply to or affect the |
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| transportation or
possession
of weapons that:
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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 |
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| carrying box,
shipping box, or other container by a |
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| person who has been issued a currently
valid Firearm |
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| Owner's
Identification Card.
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| (d) Sentence. Aggravated unlawful use of a weapon is a |
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| Class 4 felony;
a second or subsequent offense is a Class 2 |
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| felony for which the person shall be sentenced to a term of |
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| imprisonment of not less than 3 years and not more than 7 |
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| years. Aggravated unlawful use of
a weapon by a person who has |
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| been previously
convicted of a felony in this State or another |
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| jurisdiction is a Class 2
felony for which the person shall be |
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| sentenced to a term of imprisonment of not less than 3 years |
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| and not more than 7 years. Aggravated unlawful use of a weapon |
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| while wearing or in possession of body armor as defined in |
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| Section 33F-1 by a person who has not been issued a valid |
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| Firearms Owner's Identification Card in accordance with |
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| Section 5 of the Firearm Owners Identification Card Act is a |
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| Class X felony.
The possession of each firearm in violation of |
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| this Section constitutes a single and separate violation.
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| (Source: P.A. 94-72, eff. 1-1-06; 94-284, eff. 7-21-05; 94-556, |
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| eff. 9-11-05; 95-331, eff. 8-21-07.)
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| (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
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| Sec. 24-2. Exemptions.
|
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| (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and |
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| 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of |
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| the following:
|
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| (1) Peace officers, and any person summoned by a peace |
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| officer to
assist in making arrests or preserving the |
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| peace, while actually engaged in
assisting such officer.
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| (2) Wardens, superintendents and keepers of prisons,
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| penitentiaries, jails and other institutions for the |
21 |
| detention of persons
accused or convicted of an offense, |
22 |
| while in the performance of their
official duty, or while |
23 |
| commuting between their homes and places of employment.
|
24 |
| (3) Members of the Armed Services or Reserve Forces of |
25 |
| the United States
or the Illinois National Guard or the |
|
|
|
09600SB0072sam001 |
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LRB096 02976 RLC 22998 a |
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|
1 |
| Reserve Officers Training Corps,
while in the performance |
2 |
| of their official duty.
|
3 |
| (4) Special agents employed by a railroad or a public |
4 |
| utility to
perform police functions, and guards of armored |
5 |
| car companies, while
actually engaged in the performance of |
6 |
| the duties of their employment or
commuting between their |
7 |
| homes and places of employment; and watchmen
while actually |
8 |
| engaged in the performance of the duties of their |
9 |
| employment.
|
10 |
| (5) Persons licensed as private security contractors, |
11 |
| private
detectives, or private alarm contractors, or |
12 |
| employed by an agency
certified by the Department of |
13 |
| Professional Regulation, if their duties
include the |
14 |
| carrying of a weapon under the provisions of the Private
|
15 |
| Detective, Private Alarm,
Private Security, Fingerprint |
16 |
| Vendor, and Locksmith Act of 2004,
while actually
engaged |
17 |
| in the performance of the duties of their employment or |
18 |
| commuting
between their homes and places of employment, |
19 |
| provided that such commuting
is accomplished within one |
20 |
| hour from departure from home or place of
employment, as |
21 |
| the case may be. Persons exempted under this subdivision
|
22 |
| (a)(5) shall be required to have completed a course of
|
23 |
| study in firearms handling and training approved and |
24 |
| supervised by the
Department of Professional Regulation as |
25 |
| prescribed by Section 28 of the
Private Detective, Private |
26 |
| Alarm,
Private Security, Fingerprint Vendor, and Locksmith |
|
|
|
09600SB0072sam001 |
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LRB096 02976 RLC 22998 a |
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|
1 |
| Act of 2004, prior
to becoming eligible for this exemption. |
2 |
| The Department of Professional
Regulation shall provide |
3 |
| suitable documentation demonstrating the
successful |
4 |
| completion of the prescribed firearms training. Such
|
5 |
| documentation shall be carried at all times when such |
6 |
| persons are in
possession of a concealable weapon.
|
7 |
| (6) Any person regularly employed in a commercial or |
8 |
| industrial
operation as a security guard for the protection |
9 |
| of persons employed
and private property related to such |
10 |
| commercial or industrial
operation, while actually engaged |
11 |
| in the performance of his or her
duty or traveling between |
12 |
| sites or properties belonging to the
employer, and who, as |
13 |
| a security guard, is a member of a security force of
at |
14 |
| least 5 persons registered with the Department of |
15 |
| Professional
Regulation; provided that such security guard |
16 |
| has successfully completed a
course of study, approved by |
17 |
| and supervised by the Department of
Professional |
18 |
| Regulation, consisting of not less than 40 hours of |
19 |
| training
that includes the theory of law enforcement, |
20 |
| liability for acts, and the
handling of weapons. A person |
21 |
| shall be considered eligible for this
exemption if he or |
22 |
| she has completed the required 20
hours of training for a |
23 |
| security officer and 20 hours of required firearm
training, |
24 |
| and has been issued a firearm control card by
the |
25 |
| Department of Professional Regulation. Conditions for the |
26 |
| renewal of
firearm control cards issued under the |
|
|
|
09600SB0072sam001 |
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LRB096 02976 RLC 22998 a |
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|
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| provisions of this Section
shall be the same as for those |
2 |
| cards issued under the provisions of the
Private Detective, |
3 |
| Private Alarm,
Private Security, Fingerprint Vendor, and |
4 |
| Locksmith Act of 2004. Such
firearm control card shall be |
5 |
| carried by the security guard at all
times when he or she |
6 |
| is in possession of a concealable weapon.
|
7 |
| (7) Agents and investigators of the Illinois |
8 |
| Legislative Investigating
Commission authorized by the |
9 |
| Commission to carry the weapons specified in
subsections |
10 |
| 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
|
11 |
| any investigation for the Commission.
|
12 |
| (8) Persons employed by a financial institution for the |
13 |
| protection of
other employees and property related to such |
14 |
| financial institution, while
actually engaged in the |
15 |
| performance of their duties, commuting between
their homes |
16 |
| and places of employment, or traveling between sites or
|
17 |
| properties owned or operated by such financial |
18 |
| institution, provided that
any person so employed has |
19 |
| successfully completed a course of study,
approved by and |
20 |
| supervised by the Department of Professional Regulation,
|
21 |
| consisting of not less than 40 hours of training which |
22 |
| includes theory of
law enforcement, liability for acts, and |
23 |
| the handling of weapons.
A person shall be considered to be |
24 |
| eligible for this exemption if he or
she has completed the |
25 |
| required 20 hours of training for a security officer
and 20 |
26 |
| hours of required firearm training, and has been issued a
|
|
|
|
09600SB0072sam001 |
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LRB096 02976 RLC 22998 a |
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|
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| firearm control card by the Department of Professional |
2 |
| Regulation.
Conditions for renewal of firearm control |
3 |
| cards issued under the
provisions of this Section shall be |
4 |
| the same as for those issued under the
provisions of the |
5 |
| Private Detective, Private Alarm,
Private Security, |
6 |
| Fingerprint Vendor, and Locksmith Act of 2004.
Such firearm |
7 |
| control card shall be carried by the person so
trained at |
8 |
| all times when such person is in possession of a |
9 |
| concealable
weapon. For purposes of this subsection, |
10 |
| "financial institution" means a
bank, savings and loan |
11 |
| association, credit union or company providing
armored car |
12 |
| services.
|
13 |
| (9) Any person employed by an armored car company to |
14 |
| drive an armored
car, while actually engaged in the |
15 |
| performance of his duties.
|
16 |
| (10) Persons who have been classified as peace officers |
17 |
| pursuant
to the Peace Officer Fire Investigation Act.
|
18 |
| (11) Investigators of the Office of the State's |
19 |
| Attorneys Appellate
Prosecutor authorized by the board of |
20 |
| governors of the Office of the
State's Attorneys Appellate |
21 |
| Prosecutor to carry weapons pursuant to
Section 7.06 of the |
22 |
| State's Attorneys Appellate Prosecutor's Act.
|
23 |
| (12) Special investigators appointed by a State's |
24 |
| Attorney under
Section 3-9005 of the Counties Code.
|
25 |
| (12.5) Probation officers while in the performance of |
26 |
| their duties, or
while commuting between their homes, |
|
|
|
09600SB0072sam001 |
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LRB096 02976 RLC 22998 a |
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|
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| places of employment or specific locations
that are part of |
2 |
| their assigned duties, with the consent of the chief judge |
3 |
| of
the circuit for which they are employed.
|
4 |
| (13) Court Security Officers while in the performance |
5 |
| of their official
duties, or while commuting between their |
6 |
| homes and places of employment, with
the
consent of the |
7 |
| Sheriff.
|
8 |
| (13.5) A person employed as an armed security guard at |
9 |
| a nuclear energy,
storage, weapons or development site or |
10 |
| facility regulated by the Nuclear
Regulatory Commission |
11 |
| who has completed the background screening and training
|
12 |
| mandated by the rules and regulations of the Nuclear |
13 |
| Regulatory Commission.
|
14 |
| (14) Manufacture, transportation, or sale of weapons |
15 |
| to
persons
authorized under subdivisions (1) through |
16 |
| (13.5) of this
subsection
to
possess those weapons.
|
17 |
| (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section |
18 |
| 24-1.6 do not
apply to or affect
any of the following:
|
19 |
| (1) Members of any club or organization organized for |
20 |
| the purpose of
practicing shooting at targets upon |
21 |
| established target ranges, whether
public or private, and |
22 |
| patrons of such ranges, while such members
or patrons are |
23 |
| using their firearms on those target ranges.
|
24 |
| (2) Duly authorized military or civil organizations |
25 |
| while parading,
with the special permission of the |
26 |
| Governor.
|
|
|
|
09600SB0072sam001 |
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LRB096 02976 RLC 22998 a |
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|
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| (3) Hunters, trappers or fishermen with a license or
|
2 |
| permit while engaged in hunting,
trapping or fishing.
|
3 |
| (4) Transportation of weapons that are broken down in a
|
4 |
| non-functioning state or are not immediately accessible.
|
5 |
| (5) Carrying or possessing any pistol, revolver, stun |
6 |
| gun or taser or other firearm in a legal dwelling or place |
7 |
| where he or she is an invitee therein. |
8 |
| (c) Subsection 24-1(a)(7) does not apply to or affect any |
9 |
| of the
following:
|
10 |
| (1) Peace officers while in performance of their |
11 |
| official duties.
|
12 |
| (2) Wardens, superintendents and keepers of prisons, |
13 |
| penitentiaries,
jails and other institutions for the |
14 |
| detention of persons accused or
convicted of an offense.
|
15 |
| (3) Members of the Armed Services or Reserve Forces of |
16 |
| the United States
or the Illinois National Guard, while in |
17 |
| the performance of their official
duty.
|
18 |
| (4) Manufacture, transportation, or sale of machine |
19 |
| guns to persons
authorized under subdivisions (1) through |
20 |
| (3) of this subsection to
possess machine guns, if the |
21 |
| machine guns are broken down in a
non-functioning state or |
22 |
| are not immediately accessible.
|
23 |
| (5) Persons licensed under federal law to manufacture |
24 |
| any weapon from
which 8 or more shots or bullets can be |
25 |
| discharged by a
single function of the firing device, or |
26 |
| ammunition for such weapons, and
actually engaged in the |
|
|
|
09600SB0072sam001 |
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LRB096 02976 RLC 22998 a |
|
|
1 |
| business of manufacturing such weapons or
ammunition, but |
2 |
| only with respect to activities which are within the lawful
|
3 |
| scope of such business, such as the manufacture, |
4 |
| transportation, or testing
of such weapons or ammunition. |
5 |
| This exemption does not authorize the
general private |
6 |
| possession of any weapon from which 8 or more
shots or |
7 |
| bullets can be discharged by a single function of the |
8 |
| firing
device, but only such possession and activities as |
9 |
| are within the lawful
scope of a licensed manufacturing |
10 |
| business described in this paragraph.
|
11 |
| During transportation, such weapons shall be broken |
12 |
| down in a
non-functioning state or not immediately |
13 |
| accessible.
|
14 |
| (6) The manufacture, transport, testing, delivery, |
15 |
| transfer or sale,
and all lawful commercial or experimental |
16 |
| activities necessary thereto, of
rifles, shotguns, and |
17 |
| weapons made from rifles or shotguns,
or ammunition for |
18 |
| such rifles, shotguns or weapons, where engaged in
by a |
19 |
| person operating as a contractor or subcontractor pursuant |
20 |
| to a
contract or subcontract for the development and supply |
21 |
| of such rifles,
shotguns, weapons or ammunition to the |
22 |
| United States government or any
branch of the Armed Forces |
23 |
| of the United States, when such activities are
necessary |
24 |
| and incident to fulfilling the terms of such contract.
|
25 |
| The exemption granted under this subdivision (c)(6)
|
26 |
| shall also apply to any authorized agent of any such |
|
|
|
09600SB0072sam001 |
- 22 - |
LRB096 02976 RLC 22998 a |
|
|
1 |
| contractor or
subcontractor who is operating within the |
2 |
| scope of his employment, where
such activities involving |
3 |
| such weapon, weapons or ammunition are necessary
and |
4 |
| incident to fulfilling the terms of such contract.
|
5 |
| During transportation, any such weapon shall be broken |
6 |
| down in a
non-functioning state, or not immediately |
7 |
| accessible.
|
8 |
| (d) Subsection 24-1(a)(1) does not apply to the purchase, |
9 |
| possession
or carrying of a black-jack or slung-shot by a peace |
10 |
| officer.
|
11 |
| (e) Subsection 24-1(a)(8) does not apply to any owner, |
12 |
| manager or
authorized employee of any place specified in that |
13 |
| subsection nor to any
law enforcement officer.
|
14 |
| (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and |
15 |
| Section 24-1.6
do not apply
to members of any club or |
16 |
| organization organized for the purpose of practicing
shooting |
17 |
| at targets upon established target ranges, whether public or |
18 |
| private,
while using their firearms on those target ranges.
|
19 |
| (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply |
20 |
| to:
|
21 |
| (1) Members of the Armed Services or Reserve Forces of |
22 |
| the United
States or the Illinois National Guard, while in |
23 |
| the performance of their
official duty.
|
24 |
| (2) Bonafide collectors of antique or surplus military |
25 |
| ordinance.
|
26 |
| (3) Laboratories having a department of forensic |
|
|
|
09600SB0072sam001 |
- 23 - |
LRB096 02976 RLC 22998 a |
|
|
1 |
| ballistics, or
specializing in the development of |
2 |
| ammunition or explosive ordinance.
|
3 |
| (4) Commerce, preparation, assembly or possession of |
4 |
| explosive
bullets by manufacturers of ammunition licensed |
5 |
| by the federal government,
in connection with the supply of |
6 |
| those organizations and persons exempted
by subdivision |
7 |
| (g)(1) of this Section, or like organizations and persons
|
8 |
| outside this State, or the transportation of explosive |
9 |
| bullets to any
organization or person exempted in this |
10 |
| Section by a common carrier or by a
vehicle owned or leased |
11 |
| by an exempted manufacturer.
|
12 |
| (g-5) Subsection 24-1(a)(6) does not apply to or affect |
13 |
| persons licensed
under federal law to manufacture any device or |
14 |
| attachment of any kind designed,
used, or intended for use in |
15 |
| silencing the report of any firearm, firearms, or
ammunition
|
16 |
| for those firearms equipped with those devices, and actually |
17 |
| engaged in the
business of manufacturing those devices, |
18 |
| firearms, or ammunition, but only with
respect to
activities |
19 |
| that are within the lawful scope of that business, such as the
|
20 |
| manufacture, transportation, or testing of those devices, |
21 |
| firearms, or
ammunition. This
exemption does not authorize the |
22 |
| general private possession of any device or
attachment of any |
23 |
| kind designed, used, or intended for use in silencing the
|
24 |
| report of any firearm, but only such possession and activities |
25 |
| as are within
the
lawful scope of a licensed manufacturing |
26 |
| business described in this subsection
(g-5). During |
|
|
|
09600SB0072sam001 |
- 24 - |
LRB096 02976 RLC 22998 a |
|
|
1 |
| transportation, those devices shall be detached from any weapon
|
2 |
| or
not immediately accessible.
|
3 |
| (h) An information or indictment based upon a violation of |
4 |
| any
subsection of this Article need not negative any exemptions |
5 |
| contained in
this Article. The defendant shall have the burden |
6 |
| of proving such an
exemption.
|
7 |
| (i) Nothing in this Article shall prohibit, apply to, or |
8 |
| affect
the transportation, carrying, or possession, of any |
9 |
| pistol or revolver,
stun gun, taser, or other firearm consigned |
10 |
| to a common carrier operating
under license of the State of |
11 |
| Illinois or the federal government, where
such transportation, |
12 |
| carrying, or possession is incident to the lawful
|
13 |
| transportation in which such common carrier is engaged; and |
14 |
| nothing in this
Article shall prohibit, apply to, or affect the |
15 |
| transportation, carrying,
or possession of any pistol, |
16 |
| revolver, stun gun, taser, or other firearm,
not the subject of |
17 |
| and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of |
18 |
| this Article, which is unloaded and enclosed in a case, firearm
|
19 |
| carrying box, shipping box, or other container, by the |
20 |
| possessor of a valid
Firearm Owners Identification Card.
|
21 |
| (Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07; |
22 |
| 95-885, eff. 1-1-09.)
|
23 |
| Section 99. Effective date. This Act takes effect upon |
24 |
| becoming law.".
|