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90_SB1216
720 ILCS 5/24-1 from Ch. 38, par. 24-1
Amends provisions of the Criminal Code of 1961
prohibiting the carrying of a concealed firearm, the carrying
of a functional or immediately accessible firearm in a
vehicle, or the carrying of a firearm upon public lands in a
municipality. Creates an affirmative defense that the person
who possessed the firearm had a reasonable belief that he or
she was the victim of the offense of stalking or aggravated
stalking.
LRB9007027RCks
LRB9007027RCks
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 24-1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 24-1 as follows:
7 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
8 Sec. 24-1. Unlawful Use of Weapons.
9 (a) A person commits the offense of unlawful use of
10 weapons when he knowingly:
11 (1) Sells, manufactures, purchases, possesses or
12 carries any bludgeon, black-jack, slung-shot, sand-club,
13 sand-bag, metal knuckles, throwing star, or any knife,
14 commonly referred to as a switchblade knife, which has a
15 blade that opens automatically by hand pressure applied
16 to a button, spring or other device in the handle of the
17 knife, or a ballistic knife, which is a device that
18 propels a knifelike blade as a projectile by means of a
19 coil spring, elastic material or compressed gas; or
20 (2) Carries or possesses with intent to use the
21 same unlawfully against another, a dagger, dirk, billy,
22 dangerous knife, razor, stiletto, broken bottle or other
23 piece of glass, stun gun or taser or any other dangerous
24 or deadly weapon or instrument of like character; or
25 (3) Carries on or about his person or in any
26 vehicle, a tear gas gun projector or bomb or any object
27 containing noxious liquid gas or substance, other than an
28 object containing a non-lethal noxious liquid gas or
29 substance designed solely for personal defense carried by
30 a person 18 years of age or older; or
31 (4) Carries or possesses in any vehicle or
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1 concealed on or about his person except when on his land
2 or in his own abode or fixed place of business any
3 pistol, revolver, stun gun or taser or other firearm; or
4 (5) Sets a spring gun; or
5 (6) Possesses any device or attachment of any kind
6 designed, used or intended for use in silencing the
7 report of any firearm; or
8 (7) Sells, manufactures, purchases, possesses or
9 carries:
10 (i) a machine gun, which shall be defined for
11 the purposes of this subsection as any weapon, which
12 shoots, is designed to shoot, or can be readily
13 restored to shoot, automatically more than one shot
14 without manually reloading by a single function of
15 the trigger, including the frame or receiver of any
16 such weapon, or sells, manufactures, purchases,
17 possesses, or carries any combination of parts
18 designed or intended for use in converting any
19 weapon into a machine gun, or any combination or
20 parts from which a machine gun can be assembled if
21 such parts are in the possession or under the
22 control of a person;
23 (ii) any rifle having one or more barrels less
24 than 16 inches in length or a shotgun having one or
25 more barrels less than 18 inches in length or any
26 weapon made from a rifle or shotgun, whether by
27 alteration, modification, or otherwise, if such a
28 weapon as modified has an overall length of less
29 than 26 inches; or
30 (iii) any bomb, bomb-shell, grenade, bottle or
31 other container containing an explosive substance of
32 over one-quarter ounce for like purposes, such as,
33 but not limited to, black powder bombs and Molotov
34 cocktails or artillery projectiles; or
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1 (8) Carries or possesses any firearm, stun gun or
2 taser or other deadly weapon in any place which is
3 licensed to sell intoxicating beverages, or at any public
4 gathering held pursuant to a license issued by any
5 governmental body or any public gathering at which an
6 admission is charged, excluding a place where a showing,
7 demonstration or lecture involving the exhibition of
8 unloaded firearms is conducted; or
9 (9) Carries or possesses in a vehicle or on or
10 about his person any pistol, revolver, stun gun or taser
11 or firearm or ballistic knife, when he is hooded, robed
12 or masked in such manner as to conceal his identity; or
13 (10) Carries or possesses on or about his person,
14 upon any public street, alley, or other public lands
15 within the corporate limits of a city, village or
16 incorporated town, except when an invitee thereon or
17 therein, for the purpose of the display of such weapon or
18 the lawful commerce in weapons, or except when on his
19 land or in his own abode or fixed place of business, any
20 pistol, revolver, stun gun or taser or other firearm.
21 A "stun gun or taser", as used in this paragraph (a)
22 means (i) any device which is powered by electrical
23 charging units, such as, batteries, and which fires one
24 or several barbs attached to a length of wire and which,
25 upon hitting a human, can send out a current capable of
26 disrupting the person's nervous system in such a manner
27 as to render him incapable of normal functioning or (ii)
28 any device which is powered by electrical charging units,
29 such as batteries, and which, upon contact with a human
30 or clothing worn by a human, can send out current capable
31 of disrupting the person's nervous system in such a
32 manner as to render him incapable of normal functioning;
33 or
34 (11) Sells, manufactures or purchases any explosive
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1 bullet. For purposes of this paragraph (a) "explosive
2 bullet" means the projectile portion of an ammunition
3 cartridge which contains or carries an explosive charge
4 which will explode upon contact with the flesh of a human
5 or an animal. "Cartridge" means a tubular metal case
6 having a projectile affixed at the front thereof and a
7 cap or primer at the rear end thereof, with the
8 propellant contained in such tube between the projectile
9 and the cap; or
10 (12) (Blank).
11 (b) Sentence. A person convicted of a violation of
12 subsection 24-1(a)(1) through (3), subsection 24-1(a)(5),
13 subsection 24-1(a)(8), or subsection 24-1(a)(11) commits a
14 Class A misdemeanor. A person convicted of a violation of
15 subsection 24-1(a)(4), 24-1(a)(9), or 24-1(a)(10) commits a
16 Class 4 felony; a person convicted of a violation of
17 subsection 24-1(a)(6) or 24-1(a)(7)(ii) or (iii) commits a
18 Class 3 felony. A person convicted of a violation of
19 subsection 24-1(a)(7)(i) commits a Class 2 felony, unless the
20 weapon is possessed in the passenger compartment of a motor
21 vehicle as defined in Section 1-146 of the Illinois Vehicle
22 Code, or on the person, while the weapon is loaded, in which
23 case it shall be a Class X felony. A person convicted of a
24 second or subsequent violation of subsection 24-1(a)(4),
25 24-1(a)(9), or 24-1(a)(10) commits a Class 3 felony.
26 (c) Violations in specific places.
27 (1) A person who violates subsection 24-1(a)(6) or
28 24-1(a)(7) in any school, regardless of the time of day
29 or the time of year, in residential property owned,
30 operated and managed by a public housing agency, in a
31 public park, in a courthouse, on the real property
32 comprising any school, regardless of the time of day or
33 the time of year, on residential property owned,
34 operated and managed by a public housing agency, on the
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1 real property comprising any public park, on the real
2 property comprising any courthouse, in any conveyance
3 owned, leased or contracted by a school to transport
4 students to or from school or a school related activity,
5 or on any public way within 1,000 feet of the real
6 property comprising any school, public park, courthouse,
7 or residential property owned, operated, and managed by a
8 public housing agency commits a Class 2 felony.
9 (1.5) A person who violates subsection 24-1(a)(4),
10 24-1(a)(9), or 24-1(a)(10) in any school, regardless of
11 the time of day or the time of year, in residential
12 property owned, operated, and managed by a public housing
13 agency, in a public park, in a courthouse, on the real
14 property comprising any school, regardless of the time of
15 day or the time of year, on residential property owned,
16 operated, and managed by a public housing agency, on the
17 real property comprising any public park, on the real
18 property comprising any courthouse, in any conveyance
19 owned, leased, or contracted by a school to transport
20 students to or from school or a school related activity,
21 or on any public way within 1,000 feet of the real
22 property comprising any school, public park, courthouse,
23 or residential property owned, operated, and managed by a
24 public housing agency commits a Class 3 felony.
25 (2) A person who violates subsection 24-1(a)(1) or
26 24-1(a)(3) in any school, regardless of the time of day
27 or the time of year, in residential property owned,
28 operated and managed by a public housing agency, in a
29 public park, in a courthouse, on the real property
30 comprising any school, regardless of the time of day or
31 the time of year, on residential property owned, operated
32 and managed by a public housing agency, on the real
33 property comprising any public park, on the real property
34 comprising any courthouse, in any conveyance owned,
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1 leased or contracted by a school to transport students to
2 or from school or a school related activity, or on any
3 public way within 1,000 feet of the real property
4 comprising any school, public park, courthouse, or
5 residential property owned, operated, and managed by a
6 public housing agency commits a Class 4 felony.
7 "Courthouse" means any building that is used by the
8 Circuit, Appellate, or Supreme Court of this State for
9 the conduct of official business.
10 (3) Paragraphs (1), (1.5), and (2) of this
11 subsection (c) shall not apply to law enforcement
12 officers or security officers of such school, college, or
13 university or to students carrying or possessing firearms
14 for use in training courses, parades, hunting, target
15 shooting on school ranges, or otherwise with the consent
16 of school authorities and which firearms are transported
17 unloaded enclosed in a suitable case, box, or
18 transportation package.
19 (4) For the purposes of this subsection (c),
20 "school" means any public or private elementary or
21 secondary school, community college, college, or
22 university.
23 (d) The presence in an automobile other than a public
24 omnibus of any weapon, instrument or substance referred to in
25 subsection (a)(7) is prima facie evidence that it is in the
26 possession of, and is being carried by, all persons occupying
27 such automobile at the time such weapon, instrument or
28 substance is found, except under the following circumstances:
29 (i) if such weapon, instrument or instrumentality is found
30 upon the person of one of the occupants therein; or (ii) if
31 such weapon, instrument or substance is found in an
32 automobile operated for hire by a duly licensed driver in the
33 due, lawful and proper pursuit of his trade, then such
34 presumption shall not apply to the driver.
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1 (e) Exemptions. Crossbows, Common or Compound bows and
2 Underwater Spearguns are exempted from the definition of
3 ballistic knife as defined in paragraph (1) of subsection (a)
4 of this Section.
5 (f) Affirmative defense. It is an affirmative defense
6 to a violation of subsection 24-1(a)(4) or 24-1(a)(10) of
7 this Section that a person who possessed the firearm had a
8 reasonable belief that he or she was the victim of the
9 offense of stalking or aggravated stalking.
10 (Source: P.A. 87-524; 87-930; 88-156; 88-467; 88-670, eff.
11 12-2-94; 88-680, eff. 1-1-95.)