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91_HB2025
LRB9103607KSmb
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 or she 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 or her 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 or her person except when on
2 his or her land or in his or her own abode or fixed place
3 of business any pistol, revolver, stun gun or taser or
4 other firearm; or
5 (5) Sets a spring gun; or
6 (6) Possesses any device or attachment of any kind
7 designed, used or intended for use in silencing the
8 report of any firearm; or
9 (7) Sells, manufactures, purchases, possesses or
10 carries:
11 (i) a machine gun, which shall be defined for
12 the purposes of this subsection as any weapon, which
13 shoots, is designed to shoot, or can be readily
14 restored to shoot, automatically more than one shot
15 without manually reloading by a single function of
16 the trigger, including the frame or receiver of any
17 such weapon, or sells, manufactures, purchases,
18 possesses, or carries any combination of parts
19 designed or intended for use in converting any
20 weapon into a machine gun, or any combination or
21 parts from which a machine gun can be assembled if
22 such parts are in the possession or under the
23 control of a person;
24 (ii) any rifle having one or more barrels less
25 than 16 inches in length or a shotgun having one or
26 more barrels less than 18 inches in length or any
27 weapon made from a rifle or shotgun, whether by
28 alteration, modification, or otherwise, if such a
29 weapon as modified has an overall length of less
30 than 26 inches; or
31 (iii) any bomb, bomb-shell, grenade, bottle or
32 other container containing an explosive substance of
33 over one-quarter ounce for like purposes, such as,
34 but not limited to, black powder bombs and Molotov
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1 cocktails or artillery projectiles; or
2 (8) Carries or possesses any firearm, stun gun or
3 taser or other deadly weapon in any place which is
4 licensed to sell intoxicating beverages, or at any public
5 gathering held pursuant to a license issued by any
6 governmental body or any public gathering at which an
7 admission is charged, excluding a place where a showing,
8 demonstration or lecture involving the exhibition of
9 unloaded firearms is conducted; or
10 (9) Carries or possesses in a vehicle or on or
11 about his person any pistol, revolver, stun gun or taser
12 or firearm or ballistic knife, when he is hooded, robed
13 or masked in such manner as to conceal his identity; or
14 (10) Carries or possesses on or about his person,
15 upon any public street, alley, or other public lands
16 within the corporate limits of a city, village or
17 incorporated town, except when an invitee thereon or
18 therein, for the purpose of the display of such weapon or
19 the lawful commerce in weapons, or except when on his
20 land or in his own abode or fixed place of business, any
21 pistol, revolver, stun gun or taser or other firearm.
22 A "stun gun or taser", as used in this paragraph (a)
23 means (i) any device which is powered by electrical
24 charging units, such as, batteries, and which fires one
25 or several barbs attached to a length of wire and which,
26 upon hitting a human, can send out a current capable of
27 disrupting the person's nervous system in such a manner
28 as to render him incapable of normal functioning or (ii)
29 any device which is powered by electrical charging units,
30 such as batteries, and which, upon contact with a human
31 or clothing worn by a human, can send out current capable
32 of disrupting the person's nervous system in such a
33 manner as to render him incapable of normal functioning;
34 or
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1 (11) Sells, manufactures or purchases any explosive
2 bullet. For purposes of this paragraph (a) "explosive
3 bullet" means the projectile portion of an ammunition
4 cartridge which contains or carries an explosive charge
5 which will explode upon contact with the flesh of a human
6 or an animal. "Cartridge" means a tubular metal case
7 having a projectile affixed at the front thereof and a
8 cap or primer at the rear end thereof, with the
9 propellant contained in such tube between the projectile
10 and the cap; or
11 (12) (Blank).
12 (b) Sentence. A person convicted of a violation of
13 subsection 24-1(a)(1) through (3), subsection 24-1(a)(5),
14 subsection 24-1(a)(8), or subsection 24-1(a)(11) commits a
15 Class A misdemeanor. A person convicted of a violation of
16 subsection 24-1(a)(4), 24-1(a)(9), or 24-1(a)(10) commits a
17 Class 4 felony; a person convicted of a violation of
18 subsection 24-1(a)(6) or 24-1(a)(7)(ii) or (iii) commits a
19 Class 3 felony. A person convicted of a violation of
20 subsection 24-1(a)(7)(i) commits a Class 2 felony, unless the
21 weapon is possessed in the passenger compartment of a motor
22 vehicle as defined in Section 1-146 of the Illinois Vehicle
23 Code, or on the person, while the weapon is loaded, in which
24 case it shall be a Class X felony. A person convicted of a
25 second or subsequent violation of subsection 24-1(a)(4),
26 24-1(a)(9), or 24-1(a)(10) commits a Class 3 felony.
27 (c) Violations in specific places.
28 (1) A person who violates subsection 24-1(a)(6) or
29 24-1(a)(7) in any school, regardless of the time of day
30 or the time of year, in residential property owned,
31 operated and managed by a public housing agency, in a
32 public park, in a courthouse, on the real property
33 comprising any school, regardless of the time of day or
34 the time of year, on residential property owned,
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1 operated and managed by a public housing agency, on the
2 real property comprising any public park, on the real
3 property comprising any courthouse, in any conveyance
4 owned, leased or contracted by a school to transport
5 students to or from school or a school related activity,
6 or on any public way within 1,000 feet of the real
7 property comprising any school, public park, courthouse,
8 or residential property owned, operated, and managed by a
9 public housing agency commits a Class 2 felony.
10 (1.5) A person who violates subsection 24-1(a)(4),
11 24-1(a)(9), or 24-1(a)(10) in any school, regardless of
12 the time of day or the time of year, in residential
13 property owned, operated, and managed by a public housing
14 agency, in a public park, in a courthouse, on the real
15 property comprising any school, regardless of the time of
16 day or the time of year, on residential property owned,
17 operated, and managed by a public housing agency, on the
18 real property comprising any public park, on the real
19 property comprising any courthouse, in any conveyance
20 owned, leased, or contracted by a school to transport
21 students to or from school or a school related activity,
22 or on any public way within 1,000 feet of the real
23 property comprising any school, public park, courthouse,
24 or residential property owned, operated, and managed by a
25 public housing agency commits a Class 3 felony.
26 (2) A person who violates subsection 24-1(a)(1),
27 24-1(a)(2), or 24-1(a)(3) in any school, regardless of
28 the time of day or the time of year, in residential
29 property owned, operated and managed by a public housing
30 agency, in a public park, in a courthouse, on the real
31 property comprising any school, regardless of the time of
32 day or the time of year, on residential property owned,
33 operated and managed by a public housing agency, on the
34 real property comprising any public park, on the real
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1 property comprising any courthouse, in any conveyance
2 owned, leased or contracted by a school to transport
3 students to or from school or a school related activity,
4 or on any public way within 1,000 feet of the real
5 property comprising any school, public park, courthouse,
6 or residential property owned, operated, and managed by a
7 public housing agency commits a Class 4 felony.
8 "Courthouse" means any building that is used by the
9 Circuit, Appellate, or Supreme Court of this State for
10 the conduct of official business.
11 (3) Paragraphs (1), (1.5), and (2) of this
12 subsection (c) shall not apply to law enforcement
13 officers or security officers of such school, college, or
14 university or to students carrying or possessing firearms
15 for use in training courses, parades, hunting, target
16 shooting on school ranges, or otherwise with the consent
17 of school authorities and which firearms are transported
18 unloaded enclosed in a suitable case, box, or
19 transportation package.
20 (4) For the purposes of this subsection (c),
21 "school" means any public or private elementary or
22 secondary school, community college, college, or
23 university.
24 (d) The presence in an automobile other than a public
25 omnibus of any weapon, instrument or substance referred to in
26 subsection (a)(7) is prima facie evidence that it is in the
27 possession of, and is being carried by, all persons occupying
28 such automobile at the time such weapon, instrument or
29 substance is found, except under the following circumstances:
30 (i) if such weapon, instrument or instrumentality is found
31 upon the person of one of the occupants therein; or (ii) if
32 such weapon, instrument or substance is found in an
33 automobile operated for hire by a duly licensed driver in the
34 due, lawful and proper pursuit of his trade, then such
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1 presumption shall not apply to the driver.
2 (e) Exemptions. Crossbows, Common or Compound bows and
3 Underwater Spearguns are exempted from the definition of
4 ballistic knife as defined in paragraph (1) of subsection (a)
5 of this Section.
6 (Source: P.A. 90-686, eff. 1-1-99.)