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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4023 Introduced , by Rep. Deborah Conroy SYNOPSIS AS INTRODUCED:
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| 430 ILCS 65/14 | from Ch. 38, par. 83-14 | 430 ILCS 66/70 | | 720 ILCS 5/24-1 | from Ch. 38, par. 24-1 | 720 ILCS 5/24-1.6 | |
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Amends the Firearm Owners Identification Card Act, the Firearm Concealed Carry Act, and the Criminal Code of 2012. Provides that a person convicted of various violations concerning the unlawful carrying or possession of a firearm, stun gun, or taser shall, in addition to any penalties provided for the violation, be subject to a mental health evaluation by a physician, qualified examiner, psychiatrist, or clinical psychologist to determine whether the person may be diagnosed with a mental health disorder, verified by a diagnosis contained in the Diagnostic and Statistical Manual of Mental Disorders-Fourth Edition published by the American Psychiatric Association (DSM-IV), or its successor, or International Classification of Diseases, 9th Revision, Clinical Modification (ICD-9-CM), or its successor, that substantially impairs a person's cognitive, emotional, or behavioral functioning, or any combination of those.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Firearm Owners Identification Card Act is |
| 5 | | amended by changing Section 14 as follows:
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| 6 | | (430 ILCS 65/14) (from Ch. 38, par. 83-14)
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| 7 | | Sec. 14. Sentence.
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| 8 | | (a) Except as provided in subsection (a-5), a violation of |
| 9 | | paragraph (1) of subsection (a) of Section 2, when the
person's |
| 10 | | Firearm Owner's
Identification Card is expired but the person |
| 11 | | is not otherwise disqualified
from renewing the card, is a |
| 12 | | Class A misdemeanor.
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| 13 | | (a-5) A violation of paragraph (1) of subsection (a) of |
| 14 | | Section 2, when the
person's Firearm Owner's
Identification |
| 15 | | Card is expired but the person is not otherwise disqualified
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| 16 | | from owning, purchasing, or possessing firearms, is a petty |
| 17 | | offense if the card was expired for 6 months or less from the |
| 18 | | date of expiration. |
| 19 | | (b) Except as provided in subsection (a) with respect to an |
| 20 | | expired
card, a violation of paragraph (1) of subsection (a) of |
| 21 | | Section 2 is a
Class A misdemeanor when the person does not |
| 22 | | possess a currently valid Firearm
Owner's Identification Card, |
| 23 | | but is otherwise eligible under this Act. A
second or |
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| 1 | | subsequent violation is a Class 4 felony.
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| 2 | | (c) A violation of paragraph (1) of subsection (a) of |
| 3 | | Section 2 is a Class
3 felony when:
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| 4 | | (1) the person's Firearm Owner's Identification Card |
| 5 | | is revoked or
subject to revocation under Section 8; or
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| 6 | | (2) the person's Firearm Owner's Identification Card |
| 7 | | is expired and not
otherwise eligible for renewal under |
| 8 | | this Act; or
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| 9 | | (3) the person does not possess a currently valid |
| 10 | | Firearm Owner's
Identification Card, and the person is not |
| 11 | | otherwise eligible under this
Act.
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| 12 | | In addition to any penalties under this Section, a person |
| 13 | | convicted of a violation of paragraph (1) of subsection (a) of |
| 14 | | Section 2 of this Act and at the time of the offense carries |
| 15 | | any firearm, stun gun, or taser in any prohibited area under |
| 16 | | Section 65 of the Firearm Concealed Carry Act, shall be subject |
| 17 | | to a mental health evaluation by a physician, qualified |
| 18 | | examiner, psychiatrist, or clinical psychologist to determine |
| 19 | | whether the person may be diagnosed with a mental health |
| 20 | | disorder, verified by a diagnosis contained in the Diagnostic |
| 21 | | and Statistical Manual of Mental Disorders-Fourth Edition |
| 22 | | published by the American Psychiatric Association (DSM-IV), or |
| 23 | | its successor, or International Classification of Diseases, |
| 24 | | 9th Revision, Clinical Modification (ICD-9-CM), or its |
| 25 | | successor, that substantially impairs a person's cognitive, |
| 26 | | emotional, or behavioral functioning, or any combination of |
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| 1 | | those. |
| 2 | | (d) A violation of subsection (a) of Section 3 is a Class 4 |
| 3 | | felony.
A third or subsequent conviction is a Class 1 felony.
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| 4 | | (d-5) Any person who knowingly enters false information on |
| 5 | | an application
for a Firearm Owner's Identification Card, who |
| 6 | | knowingly gives a false answer
to any question on the |
| 7 | | application, or who knowingly submits false evidence in
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| 8 | | connection with an application is guilty of a Class 2 felony.
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| 9 | | (e) Except as provided by Section 6.1 of this Act, any |
| 10 | | other
violation of this Act is a Class A misdemeanor.
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| 11 | | (Source: P.A. 97-1131, eff. 1-1-13.)
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| 12 | | Section 10. The Firearm Concealed Carry Act is amended by |
| 13 | | changing Section 70 as follows:
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| 14 | | (430 ILCS 66/70)
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| 15 | | Sec. 70. Violations. |
| 16 | | (a) A license issued or renewed under this Act shall be |
| 17 | | revoked if, at any time, the licensee is found to be ineligible |
| 18 | | for a license under this Act or the licensee no longer meets |
| 19 | | the eligibility requirements of the Firearm Owners |
| 20 | | Identification Card Act. |
| 21 | | (b) A license shall be suspended if an order of protection, |
| 22 | | including an emergency order of protection, plenary order of |
| 23 | | protection, or interim order of protection under Article 112A |
| 24 | | of the Code of Criminal Procedure of 1963 or under the Illinois |
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| 1 | | Domestic Violence Act of 1986, is issued against a licensee for |
| 2 | | the duration of the order, or if the Department is made aware |
| 3 | | of a similar order issued against the licensee in any other |
| 4 | | jurisdiction. If an order of protection is issued against a |
| 5 | | licensee, the licensee shall surrender the license, as |
| 6 | | applicable, to the court at the time the order is entered or to |
| 7 | | the law enforcement agency or entity serving process at the |
| 8 | | time the licensee is served the order. The court, law |
| 9 | | enforcement agency, or entity responsible for serving the order |
| 10 | | of protection shall notify the Department within 7 days and |
| 11 | | transmit the license to the Department. |
| 12 | | (c) A license is invalid upon expiration of the license, |
| 13 | | unless the licensee has submitted an application to renew the |
| 14 | | license, and the applicant is otherwise eligible to possess a |
| 15 | | license under this Act. |
| 16 | | (d) A licensee shall not carry a concealed firearm while |
| 17 | | under the influence of alcohol, other drug or drugs, |
| 18 | | intoxicating compound or combination of compounds, or any |
| 19 | | combination thereof, under the standards set forth in |
| 20 | | subsection (a) of Section 11-501 of the Illinois Vehicle Code. |
| 21 | | A licensee in violation of this subsection (d) shall be |
| 22 | | guilty of a Class A misdemeanor for a first or second violation |
| 23 | | and a Class 4 felony for a third violation. The Department may |
| 24 | | suspend a license for up to 6 months for a second violation and |
| 25 | | shall permanently revoke a license for a third violation. |
| 26 | | (e) Except as otherwise provided, a licensee in violation |
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| 1 | | of this Act shall be guilty of a Class B misdemeanor. A second |
| 2 | | or subsequent violation is a Class A misdemeanor. The |
| 3 | | Department may suspend a license for up to 6 months for a |
| 4 | | second violation and shall permanently revoke a license for 3 |
| 5 | | or more violations of Section 65 of this Act. Any person |
| 6 | | convicted of a violation under this Section shall pay a $150 |
| 7 | | fee to be deposited into the Mental Health Reporting Fund, plus |
| 8 | | any applicable court costs or fees. |
| 9 | | (f) A licensee convicted or found guilty of a violation of |
| 10 | | this Act who has a valid license and is otherwise eligible to |
| 11 | | carry a concealed firearm shall only be subject to the |
| 12 | | penalties under this Section and shall not be subject to the |
| 13 | | penalties under Section 21-6, paragraph (4), (8), or (10) of |
| 14 | | subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) |
| 15 | | of paragraph (3) of subsection (a) of Section 24-1.6 of the |
| 16 | | Criminal Code of 2012. Except as otherwise provided in this |
| 17 | | subsection, nothing in this subsection prohibits the licensee |
| 18 | | from being subjected to penalties for violations other than |
| 19 | | those specified in this Act. |
| 20 | | (g) A licensee whose license is revoked, suspended, or |
| 21 | | denied shall, within 48 hours of receiving notice of the |
| 22 | | revocation, suspension, or denial, surrender his or her |
| 23 | | concealed carry license to the local law enforcement agency |
| 24 | | where the person resides. The local law enforcement agency |
| 25 | | shall provide the licensee a receipt and transmit the concealed |
| 26 | | carry license to the Department of State Police. If the |
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| 1 | | licensee whose concealed carry license has been revoked, |
| 2 | | suspended, or denied fails to comply with the requirements of |
| 3 | | this subsection, the law enforcement agency where the person |
| 4 | | resides may petition the circuit court to issue a warrant to |
| 5 | | search for and seize the concealed carry license in the |
| 6 | | possession and under the custody or control of the licensee |
| 7 | | whose concealed carry license has been revoked, suspended, or |
| 8 | | denied. The observation of a concealed carry license in the |
| 9 | | possession of a person whose license has been revoked, |
| 10 | | suspended, or denied constitutes a sufficient basis for the |
| 11 | | arrest of that person for violation of this subsection. A |
| 12 | | violation of this subsection is a Class A misdemeanor. |
| 13 | | (h) A license issued or renewed under this Act shall be |
| 14 | | revoked if, at any time, the licensee is found ineligible for a |
| 15 | | Firearm Owner's Identification Card, or the licensee no longer |
| 16 | | possesses a valid Firearm Owner's Identification Card. A |
| 17 | | licensee whose license is revoked under this subsection (h) |
| 18 | | shall surrender his or her concealed carry license as provided |
| 19 | | for in subsection (g) of this Section. |
| 20 | | This subsection shall not apply to a person who has filed |
| 21 | | an application with the State Police for renewal of a Firearm
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| 22 | | Owner's Identification Card and who is not otherwise ineligible |
| 23 | | to obtain a Firearm Owner's Identification Card.
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| 24 | | (i) A certified firearms instructor who knowingly provides |
| 25 | | or offers to provide a false certification that an applicant |
| 26 | | has completed firearms training as required under this Act is |
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| 1 | | guilty of a Class A misdemeanor. A person guilty of a violation |
| 2 | | of this subsection (i) is not eligible for court supervision. |
| 3 | | The Department shall permanently revoke the firearms |
| 4 | | instructor certification of a person convicted under this |
| 5 | | subsection (i). |
| 6 | | (j) In addition to any penalties under this Section, a |
| 7 | | person convicted of a violation under Section 65 of this Act |
| 8 | | shall be subject to a mental health evaluation by a physician, |
| 9 | | qualified examiner, psychiatrist, or clinical psychologist to |
| 10 | | determine whether the person may be diagnosed with a mental |
| 11 | | health disorder, verified by a diagnosis contained in the |
| 12 | | Diagnostic and Statistical Manual of Mental Disorders-Fourth |
| 13 | | Edition published by the American Psychiatric Association |
| 14 | | (DSM-IV), or its successor, or International Classification of |
| 15 | | Diseases, 9th Revision, Clinical Modification (ICD-9-CM), or |
| 16 | | its successor, that substantially impairs a person's |
| 17 | | cognitive, emotional, or behavioral functioning, or any |
| 18 | | combination of those. |
| 19 | | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-899, |
| 20 | | eff. 8-15-14.)
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| 21 | | Section 15. The Criminal Code of 2012 is amended by |
| 22 | | changing Sections 24-1 and 24-1.6 as follows:
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| 23 | | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
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| 24 | | Sec. 24-1. Unlawful Use of Weapons.
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| 1 | | (a) A person commits the offense of unlawful use of weapons |
| 2 | | when
he knowingly:
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| 3 | | (1) Sells, manufactures, purchases, possesses or |
| 4 | | carries any bludgeon,
black-jack, slung-shot, sand-club, |
| 5 | | sand-bag, metal knuckles or other knuckle weapon |
| 6 | | regardless of its composition, throwing star,
or any knife, |
| 7 | | commonly referred to as a switchblade knife, which has a
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| 8 | | blade that opens automatically by hand pressure applied to |
| 9 | | a button,
spring or other device in the handle of the |
| 10 | | knife, or a ballistic knife,
which is a device that propels |
| 11 | | a knifelike blade as a projectile by means
of a coil |
| 12 | | spring, elastic material or compressed gas; or
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| 13 | | (2) Carries or possesses with intent to use the same |
| 14 | | unlawfully
against another, a dagger, dirk, billy, |
| 15 | | dangerous knife, razor,
stiletto, broken bottle or other |
| 16 | | piece of glass, stun gun or taser or
any other dangerous or |
| 17 | | deadly weapon or instrument of like character; or
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| 18 | | (3) Carries on or about his person or in any vehicle, a |
| 19 | | tear gas gun
projector or bomb or any object containing |
| 20 | | noxious liquid gas or
substance, other than an object |
| 21 | | containing a non-lethal noxious liquid gas
or substance |
| 22 | | designed solely for personal defense carried by a person 18
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| 23 | | years of age or older; or
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| 24 | | (4) Carries or possesses in any vehicle or concealed on |
| 25 | | or about his
person except when on his land or in his own |
| 26 | | abode, legal dwelling, or fixed place of
business, or on |
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| 1 | | the land or in the legal dwelling of another person as an |
| 2 | | invitee with that person's permission, any pistol, |
| 3 | | revolver, stun gun or taser or other firearm, except
that
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| 4 | | this subsection (a) (4) does not apply to or affect |
| 5 | | transportation of weapons
that meet one of the following |
| 6 | | conditions:
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| 7 | | (i) are broken down in a non-functioning state; or
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| 8 | | (ii) are not immediately accessible; or
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| 9 | | (iii) are unloaded and enclosed in a case, firearm |
| 10 | | carrying box,
shipping box, or other container by a |
| 11 | | person who has been issued a currently
valid Firearm |
| 12 | | Owner's
Identification Card; or
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| 13 | | (5) Sets a spring gun; or
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| 14 | | (6) Possesses any device or attachment of any kind |
| 15 | | designed, used or
intended for use in silencing the report |
| 16 | | of any firearm; or
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| 17 | | (7) Sells, manufactures, purchases, possesses or |
| 18 | | carries:
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| 19 | | (i) a machine gun, which shall be defined for the |
| 20 | | purposes of this
subsection as any weapon,
which |
| 21 | | shoots, is designed to shoot, or can be readily |
| 22 | | restored to shoot,
automatically more than one shot |
| 23 | | without manually reloading by a single
function of the |
| 24 | | trigger, including the frame or receiver
of any such |
| 25 | | weapon, or sells, manufactures, purchases, possesses, |
| 26 | | or
carries any combination of parts designed or |
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| 1 | | intended for
use in converting any weapon into a |
| 2 | | machine gun, or any combination or
parts from which a |
| 3 | | machine gun can be assembled if such parts are in the
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| 4 | | possession or under the control of a person;
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| 5 | | (ii) any rifle having one or
more barrels less than |
| 6 | | 16 inches in length or a shotgun having one or more
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| 7 | | barrels less than 18 inches in length or any weapon |
| 8 | | made from a rifle or
shotgun, whether by alteration, |
| 9 | | modification, or otherwise, if such a weapon
as |
| 10 | | modified has an overall length of less than 26 inches; |
| 11 | | or
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| 12 | | (iii) any
bomb, bomb-shell, grenade, bottle or |
| 13 | | other container containing an
explosive substance of |
| 14 | | over one-quarter ounce for like purposes, such
as, but |
| 15 | | not limited to, black powder bombs and Molotov |
| 16 | | cocktails or
artillery projectiles; or
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| 17 | | (8) Carries or possesses any firearm, stun gun or taser |
| 18 | | or other
deadly weapon in any place which is licensed to |
| 19 | | sell intoxicating
beverages, or at any public gathering |
| 20 | | held pursuant to a license issued
by any governmental body |
| 21 | | or any public gathering at which an admission
is charged, |
| 22 | | excluding a place where a showing, demonstration or lecture
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| 23 | | involving the exhibition of unloaded firearms is |
| 24 | | conducted.
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| 25 | | This subsection (a)(8) does not apply to any auction or |
| 26 | | raffle of a firearm
held pursuant to
a license or permit |
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| 1 | | issued by a governmental body, nor does it apply to persons
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| 2 | | engaged
in firearm safety training courses; or
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| 3 | | (9) Carries or possesses in a vehicle or on or about |
| 4 | | his person any
pistol, revolver, stun gun or taser or |
| 5 | | firearm or ballistic knife, when
he is hooded, robed or |
| 6 | | masked in such manner as to conceal his identity; or
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| 7 | | (10) Carries or possesses on or about his person, upon |
| 8 | | any public street,
alley, or other public lands within the |
| 9 | | corporate limits of a city, village
or incorporated town, |
| 10 | | except when an invitee thereon or therein, for the
purpose |
| 11 | | of the display of such weapon or the lawful commerce in |
| 12 | | weapons, or
except when on his land or in his own abode, |
| 13 | | legal dwelling, or fixed place of business, or on the land |
| 14 | | or in the legal dwelling of another person as an invitee |
| 15 | | with that person's permission, any
pistol, revolver, stun |
| 16 | | gun or taser or other firearm, except that this
subsection |
| 17 | | (a) (10) does not apply to or affect transportation of |
| 18 | | weapons that
meet one of the following conditions:
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| 19 | | (i) are broken down in a non-functioning state; or
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| 20 | | (ii) are not immediately accessible; or
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| 21 | | (iii) are unloaded and enclosed in a case, firearm |
| 22 | | carrying box,
shipping box, or other container by a |
| 23 | | person who has been issued a currently
valid Firearm |
| 24 | | Owner's
Identification Card.
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| 25 | | A "stun gun or taser", as used in this paragraph (a) |
| 26 | | means (i) any device
which is powered by electrical |
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| 1 | | charging units, such as, batteries, and
which fires one or |
| 2 | | several barbs attached to a length of wire and
which, upon |
| 3 | | hitting a human, can send out a current capable of |
| 4 | | disrupting
the person's nervous system in such a manner as |
| 5 | | to render him incapable of
normal functioning or (ii) any |
| 6 | | device which is powered by electrical
charging units, such |
| 7 | | as batteries, and which, upon contact with a human or
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| 8 | | clothing worn by a human, can send out current capable of |
| 9 | | disrupting
the person's nervous system in such a manner as |
| 10 | | to render him incapable
of normal functioning; or
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| 11 | | (11) Sells, manufactures or purchases any explosive |
| 12 | | bullet. For purposes
of this paragraph (a) "explosive |
| 13 | | bullet" means the projectile portion of
an ammunition |
| 14 | | cartridge which contains or carries an explosive charge |
| 15 | | which
will explode upon contact with the flesh of a human |
| 16 | | or an animal.
"Cartridge" means a tubular metal case having |
| 17 | | a projectile affixed at the
front thereof and a cap or |
| 18 | | primer at the rear end thereof, with the
propellant |
| 19 | | contained in such tube between the projectile and the cap; |
| 20 | | or
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| 21 | | (12) (Blank); or
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| 22 | | (13) Carries or possesses on or about his or her person |
| 23 | | while in a building occupied by a unit of government, a |
| 24 | | billy club, other weapon of like character, or other |
| 25 | | instrument of like character intended for use as a weapon. |
| 26 | | For the purposes of this Section, "billy club" means a |
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| 1 | | short stick or club commonly carried by police officers |
| 2 | | which is either telescopic or constructed of a solid piece |
| 3 | | of wood or other man-made material. |
| 4 | | (b) Sentence. A person convicted of a violation of |
| 5 | | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
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| 6 | | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a |
| 7 | | Class A
misdemeanor.
A person convicted of a violation of |
| 8 | | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a |
| 9 | | person
convicted of a violation of subsection 24-1(a)(6) or |
| 10 | | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person |
| 11 | | convicted of a violation of subsection
24-1(a)(7)(i) commits a |
| 12 | | Class 2 felony and shall be sentenced to a term of imprisonment |
| 13 | | of not less than 3 years and not more than 7 years, unless the |
| 14 | | weapon is possessed in the
passenger compartment of a motor |
| 15 | | vehicle as defined in Section 1-146 of the
Illinois Vehicle |
| 16 | | Code, or on the person, while the weapon is loaded, in which
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| 17 | | case it shall be a Class X felony. A person convicted of a
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| 18 | | second or subsequent violation of subsection 24-1(a)(4), |
| 19 | | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 |
| 20 | | felony. The possession of each weapon in violation of this |
| 21 | | Section constitutes a single and separate violation.
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| 22 | | (c) Violations in specific places.
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| 23 | | (1) A person who violates subsection 24-1(a)(6) or |
| 24 | | 24-1(a)(7) in any
school, regardless of the time of day or |
| 25 | | the time of year, in residential
property owned, operated |
| 26 | | or managed by a public housing agency or
leased by
a public |
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| 1 | | housing agency as part of a scattered site or mixed-income
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| 2 | | development, in a
public park, in a courthouse, on the real |
| 3 | | property comprising any school,
regardless of the
time of |
| 4 | | day or the time of year, on residential property owned, |
| 5 | | operated
or
managed by a public housing agency
or leased by |
| 6 | | a public housing agency as part of a scattered site or
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| 7 | | mixed-income development,
on the real property comprising |
| 8 | | any
public park, on the real property comprising any |
| 9 | | courthouse, in any conveyance
owned, leased or contracted |
| 10 | | by a school to
transport students to or from school or a |
| 11 | | school related activity, in any conveyance
owned, leased, |
| 12 | | or contracted by a public transportation agency, or on any
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| 13 | | public way within 1,000 feet of the real property |
| 14 | | comprising any school,
public park, courthouse, public |
| 15 | | transportation facility, or residential property owned, |
| 16 | | operated, or managed
by a public housing agency
or leased |
| 17 | | by a public housing agency as part of a scattered site or
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| 18 | | mixed-income development
commits a Class 2 felony and shall |
| 19 | | be sentenced to a term of imprisonment of not less than 3 |
| 20 | | years and not more than 7 years.
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| 21 | | (1.5) A person who violates subsection 24-1(a)(4), |
| 22 | | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the |
| 23 | | time of day or the time of year,
in residential property |
| 24 | | owned, operated, or managed by a public
housing
agency
or |
| 25 | | leased by a public housing agency as part of a scattered |
| 26 | | site or
mixed-income development,
in
a public
park, in a |
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| 1 | | courthouse, on the real property comprising any school, |
| 2 | | regardless
of the time of day or the time of year, on |
| 3 | | residential property owned,
operated, or managed by a |
| 4 | | public housing agency
or leased by a public housing agency |
| 5 | | as part of a scattered site or
mixed-income development,
on |
| 6 | | the real property
comprising any public park, on the real |
| 7 | | property comprising any courthouse, in
any conveyance |
| 8 | | owned, leased, or contracted by a school to transport |
| 9 | | students
to or from school or a school related activity, in |
| 10 | | any conveyance
owned, leased, or contracted by a public |
| 11 | | transportation agency, or on any public way within
1,000 |
| 12 | | feet of the real property comprising any school, public |
| 13 | | park, courthouse,
public transportation facility, or |
| 14 | | residential property owned, operated, or managed by a |
| 15 | | public
housing agency
or leased by a public housing agency |
| 16 | | as part of a scattered site or
mixed-income development
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| 17 | | commits a Class 3 felony.
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| 18 | | (2) A person who violates subsection 24-1(a)(1), |
| 19 | | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the |
| 20 | | time of day or the time of year, in
residential property |
| 21 | | owned, operated or managed by a public housing
agency
or |
| 22 | | leased by a public housing agency as part of a scattered |
| 23 | | site or
mixed-income development,
in
a public park, in a |
| 24 | | courthouse, on the real property comprising any school,
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| 25 | | regardless of the time of day or the time of year, on |
| 26 | | residential property
owned, operated or managed by a public |
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| 1 | | housing agency
or leased by a public housing agency as part |
| 2 | | of a scattered site or
mixed-income development,
on the |
| 3 | | real property
comprising any public park, on the real |
| 4 | | property comprising any courthouse, in
any conveyance |
| 5 | | owned, leased or contracted by a school to transport |
| 6 | | students
to or from school or a school related activity, in |
| 7 | | any conveyance
owned, leased, or contracted by a public |
| 8 | | transportation agency, or on any public way within
1,000 |
| 9 | | feet of the real property comprising any school, public |
| 10 | | park, courthouse,
public transportation facility, or |
| 11 | | residential property owned, operated, or managed by a |
| 12 | | public
housing agency or leased by a public housing agency |
| 13 | | as part of a scattered
site or mixed-income development |
| 14 | | commits a Class 4 felony. "Courthouse"
means any building |
| 15 | | that is used by the Circuit, Appellate, or Supreme Court of
|
| 16 | | this State for the conduct of official business.
|
| 17 | | (2.5) A person convicted of a violation of subsection |
| 18 | | 24-1(a)(4) or 24-1(a)(10) shall, in addition to any |
| 19 | | penalties under this Section, be subject to a mental health |
| 20 | | evaluation by a physician, qualified examiner, |
| 21 | | psychiatrist, or clinical psychologist to determine |
| 22 | | whether the person may be diagnosed with a mental health |
| 23 | | disorder, verified by a diagnosis contained in the |
| 24 | | Diagnostic and Statistical Manual of Mental |
| 25 | | Disorders-Fourth Edition published by the American |
| 26 | | Psychiatric Association (DSM-IV), or its successor, or |
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| 1 | | International Classification of Diseases, 9th Revision, |
| 2 | | Clinical Modification (ICD-9-CM), or its successor, that |
| 3 | | substantially impairs a person's cognitive, emotional, or |
| 4 | | behavioral functioning, or any combination of those.
|
| 5 | | (3) Paragraphs (1), (1.5), and (2) of this subsection |
| 6 | | (c) shall not
apply to law
enforcement officers or security |
| 7 | | officers of such school, college, or
university or to |
| 8 | | students carrying or possessing firearms for use in |
| 9 | | training
courses, parades, hunting, target shooting on |
| 10 | | school ranges, or otherwise with
the consent of school |
| 11 | | authorities and which firearms are transported unloaded
|
| 12 | | enclosed in a suitable case, box, or transportation |
| 13 | | package.
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| 14 | | (4) For the purposes of this subsection (c), "school" |
| 15 | | means any public or
private elementary or secondary school, |
| 16 | | community college, college, or
university.
|
| 17 | | (5) For the purposes of this subsection (c), "public |
| 18 | | transportation agency" means a public or private agency |
| 19 | | that provides for the transportation or conveyance of
|
| 20 | | persons by means available to the general public, except |
| 21 | | for transportation
by automobiles not used for conveyance |
| 22 | | of the general public as passengers; and "public |
| 23 | | transportation facility" means a terminal or other place
|
| 24 | | where one may obtain public transportation.
|
| 25 | | (d) The presence in an automobile other than a public |
| 26 | | omnibus of any
weapon, instrument or substance referred to in |
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| 1 | | subsection (a)(7) is
prima facie evidence that it is in the |
| 2 | | possession of, and is being
carried by, all persons occupying |
| 3 | | such automobile at the time such
weapon, instrument or |
| 4 | | substance is found, except under the following
circumstances: |
| 5 | | (i) if such weapon, instrument or instrumentality is
found upon |
| 6 | | the person of one of the occupants therein; or (ii) if such
|
| 7 | | weapon, instrument or substance is found in an automobile |
| 8 | | operated for
hire by a duly licensed driver in the due, lawful |
| 9 | | and proper pursuit of
his trade, then such presumption shall |
| 10 | | not apply to the driver.
|
| 11 | | (e) Exemptions. Crossbows, Common or Compound bows and |
| 12 | | Underwater
Spearguns are exempted from the definition of |
| 13 | | ballistic knife as defined in
paragraph (1) of subsection (a) |
| 14 | | of this Section.
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| 15 | | (Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09; |
| 16 | | 95-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09; |
| 17 | | 96-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)
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| 18 | | (720 ILCS 5/24-1.6) |
| 19 | | Sec. 24-1.6. Aggravated unlawful use of a weapon. |
| 20 | | (a) A person commits the offense of aggravated unlawful use |
| 21 | | of a weapon when
he or she knowingly: |
| 22 | | (1) Carries on or about his or her person or in any |
| 23 | | vehicle or concealed
on or about his or her person except |
| 24 | | when on his or her land or in his or her
abode, legal |
| 25 | | dwelling, or fixed place of business, or on the land or in |
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| 1 | | the legal dwelling of another person as an invitee with |
| 2 | | that person's permission, any pistol, revolver, stun gun or |
| 3 | | taser or
other firearm; or |
| 4 | | (2) Carries or possesses on or about his or her person, |
| 5 | | upon any public
street, alley, or other public lands within |
| 6 | | the corporate limits of a city,
village or incorporated |
| 7 | | town, except when an invitee thereon or therein, for
the |
| 8 | | purpose of the display of such weapon or the lawful |
| 9 | | commerce in weapons, or
except when on his or her own land |
| 10 | | or in his or her own abode, legal dwelling, or fixed place |
| 11 | | of
business, or on the land or in the legal dwelling of |
| 12 | | another person as an invitee with that person's permission, |
| 13 | | any pistol, revolver, stun gun or taser or other firearm; |
| 14 | | and |
| 15 | | (3) One of the following factors is present: |
| 16 | | (A) the firearm, other than a pistol, revolver, or |
| 17 | | handgun, possessed was uncased, loaded, and |
| 18 | | immediately accessible
at the time of the offense; or |
| 19 | | (A-5) the pistol, revolver, or handgun possessed |
| 20 | | was uncased, loaded, and immediately accessible
at the |
| 21 | | time of the offense and the person possessing the |
| 22 | | pistol, revolver, or handgun has not been issued a |
| 23 | | currently valid license under the Firearm Concealed |
| 24 | | Carry Act; or |
| 25 | | (B) the firearm, other than a pistol, revolver, or |
| 26 | | handgun, possessed was uncased, unloaded, and the |
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| 1 | | ammunition for
the weapon was immediately accessible |
| 2 | | at the time of the offense; or |
| 3 | | (B-5) the pistol, revolver, or handgun possessed |
| 4 | | was uncased, unloaded, and the ammunition for
the |
| 5 | | weapon was immediately accessible at the time of the |
| 6 | | offense and the person possessing the pistol, |
| 7 | | revolver, or handgun has not been issued a currently |
| 8 | | valid license under the Firearm Concealed Carry Act; or |
| 9 | | (C) the person possessing the firearm has not been |
| 10 | | issued a currently
valid Firearm Owner's |
| 11 | | Identification Card; or |
| 12 | | (D) the person possessing the weapon was |
| 13 | | previously adjudicated
a delinquent minor under the |
| 14 | | Juvenile Court Act of 1987 for an act that if
committed |
| 15 | | by an adult would be a felony; or |
| 16 | | (E) the person possessing the weapon was engaged in |
| 17 | | a misdemeanor
violation of the Cannabis
Control Act, in |
| 18 | | a misdemeanor violation of the Illinois Controlled |
| 19 | | Substances
Act, or in a misdemeanor violation of the |
| 20 | | Methamphetamine Control and Community Protection Act; |
| 21 | | or |
| 22 | | (F) (blank); or |
| 23 | | (G) the person possessing the weapon had a order of |
| 24 | | protection issued
against him or her within the |
| 25 | | previous 2 years; or |
| 26 | | (H) the person possessing the weapon was engaged in |
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| 1 | | the commission or
attempted commission of
a |
| 2 | | misdemeanor involving the use or threat of violence |
| 3 | | against
the person or property of another; or |
| 4 | | (I) the person possessing the weapon was under 21 |
| 5 | | years of age and in
possession of a handgun, unless the |
| 6 | | person under 21
is engaged in lawful activities under |
| 7 | | the Wildlife Code or described in
subsection |
| 8 | | 24-2(b)(1), (b)(3), or 24-2(f). |
| 9 | | (a-5) "Handgun" as used in this Section has the meaning |
| 10 | | given to it in Section 5 of the Firearm Concealed Carry Act. |
| 11 | | (b) "Stun gun or taser" as used in this Section has the |
| 12 | | same definition
given to it in Section 24-1 of this Code. |
| 13 | | (c) This Section does not apply to or affect the |
| 14 | | transportation or
possession
of weapons that: |
| 15 | | (i) are broken down in a non-functioning state; or |
| 16 | | (ii) are not immediately accessible; or |
| 17 | | (iii) are unloaded and enclosed in a case, firearm |
| 18 | | carrying box,
shipping box, or other container by a person |
| 19 | | who has been issued a currently
valid Firearm Owner's
|
| 20 | | Identification Card. |
| 21 | | (d) Sentence. |
| 22 | | (1) Aggravated unlawful use of a weapon is a Class 4 |
| 23 | | felony;
a second or subsequent offense is a Class 2 felony |
| 24 | | for which the person shall be sentenced to a term of |
| 25 | | imprisonment of not less than 3 years and not more than 7 |
| 26 | | years. |
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| 1 | | (2) Except as otherwise provided in paragraphs (3) and |
| 2 | | (4) of this subsection (d), a first offense of aggravated |
| 3 | | unlawful use of a weapon committed with a firearm by a |
| 4 | | person 18 years of age or older where the factors listed in |
| 5 | | both items (A) and (C) or both items (A-5) and (C) of |
| 6 | | paragraph (3) of subsection (a) are present is a Class 4 |
| 7 | | felony, for which the person shall be sentenced to a term |
| 8 | | of imprisonment of not less than one year and not more than |
| 9 | | 3 years. |
| 10 | | (3) Aggravated unlawful use of
a weapon by a person who |
| 11 | | has been previously
convicted of a felony in this State or |
| 12 | | another jurisdiction is a Class 2
felony for which the |
| 13 | | person shall be sentenced to a term of imprisonment of not |
| 14 | | less than 3 years and not more than 7 years. |
| 15 | | (4) Aggravated unlawful use of a weapon while wearing |
| 16 | | or in possession of body armor as defined in Section 33F-1 |
| 17 | | by a person who has not been issued a valid Firearms |
| 18 | | Owner's Identification Card in accordance with Section 5 of |
| 19 | | the Firearm Owners Identification Card Act is a Class X |
| 20 | | felony.
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| 21 | | (5) A person convicted of a violation of this Section |
| 22 | | shall, in addition to any penalties under this Section, be |
| 23 | | subject to a mental health evaluation by a physician, |
| 24 | | qualified examiner, psychiatrist, or clinical psychologist |
| 25 | | to determine whether the person may be diagnosed with a |
| 26 | | mental health disorder, verified by a diagnosis contained |
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| 1 | | in the Diagnostic and Statistical Manual of Mental |
| 2 | | Disorders-Fourth Edition published by the American |
| 3 | | Psychiatric Association (DSM-IV), or its successor, or |
| 4 | | International Classification of Diseases, 9th Revision, |
| 5 | | Clinical Modification (ICD-9-CM), or its successor, that |
| 6 | | substantially impairs a person's cognitive, emotional, or |
| 7 | | behavioral functioning, or any combination of those. |
| 8 | | (e) The possession of each firearm in violation of this |
| 9 | | Section constitutes a single and separate violation. |
| 10 | | (Source: P.A. 98-63, eff. 7-9-13.)
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