Rep. John D. Anthony
Filed: 6/10/2016
 
 


 




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1
AMENDMENT TO SENATE BILL 2294




2 AMENDMENT NO. ______. Amend Senate Bill 2294 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Criminal Code of 2012 is amended by 
5changing Section 24-1 as follows:




6 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)


7 Sec. 24-1. Unlawful use of weapons. 

8 (a) A person commits the offense of unlawful use of weapons 
9when
he knowingly:

10  (1) Sells, manufactures, purchases, possesses or 
11 carries any bludgeon,
black-jack, slung-shot, sand-club, 
12 sand-bag, metal knuckles or other knuckle weapon 
13 regardless of its composition, 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 to 
16 a button,
spring or other device in the handle of the 
 
 
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1 knife, or a ballistic knife,
which is a device that propels 
2 a knifelike blade as a projectile by means
of a coil 
3 spring, elastic material or compressed gas; or

4  (2) Carries or possesses with intent to use the same 
5 unlawfully
against another, a dagger, dirk, billy, 
6 dangerous knife, razor,
stiletto, broken bottle or other 
7 piece of glass, stun gun or taser or
any other dangerous or 
8 deadly weapon or instrument of like character; or

9  (3) Carries on or about his person or in any vehicle, a 
10 tear gas gun
projector or bomb or any object containing 
11 noxious liquid gas or
substance, other than an object 
12 containing a non-lethal noxious liquid gas
or substance 
13 designed solely for personal defense carried by a person 18

14 years of age or older; or

15  (4) Carries or possesses in any vehicle or concealed on 
16 or about his
person except when on his land or in his own 
17 abode, legal dwelling, or fixed place of
business, or on 
18 the land or in the legal dwelling of another person as an 
19 invitee with that person's permission, any pistol, 
20 revolver, stun gun or taser or other firearm, except
that

21 this subsection (a) (4) does not apply to or affect 
22 transportation of weapons
that meet one of the following 
23 conditions:

24   (i) are broken down in a non-functioning state; or

25   (ii) are not immediately accessible; or

26   (iii) are unloaded and enclosed in a case, firearm 
 
 
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1 carrying box,
shipping box, or other container by a 
2 person who has been issued a currently
valid Firearm 
3 Owner's
Identification Card; or
4   (iv) are carried or possessed in accordance with 
5 the Firearm Concealed Carry Act by a person who has 
6 been issued a currently valid license under the Firearm 
7 Concealed Carry Act; or 

8  (5) Sets a spring gun; or

9  (6) Possesses any device or attachment of any kind 
10 designed, used or
intended for use in silencing the report 
11 of any firearm; or

12  (7) Sells, manufactures, purchases, possesses or 
13 carries:

14   (i) a machine gun, which shall be defined for the 
15 purposes of this
subsection as any weapon,
which 
16 shoots, is designed to shoot, or can be readily 
17 restored to shoot,
automatically more than one shot 
18 without manually reloading by a single
function of the 
19 trigger, including the frame or receiver
of any such 
20 weapon, or sells, manufactures, purchases, possesses, 
21 or
carries any combination of parts designed or 
22 intended for
use in converting any weapon into a 
23 machine gun, or any combination or
parts from which a 
24 machine gun can be assembled if such parts are in the

25 possession or under the control of a person;

26   (ii) any rifle having one or
more barrels less than 
 
 
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1 16 inches in length or a shotgun having one or more

2 barrels less than 18 inches in length or any weapon 
3 made from a rifle or
shotgun, whether by alteration, 
4 modification, or otherwise, if such a weapon
as 
5 modified has an overall length of less than 26 inches; 
6 or

7   (iii) any
bomb, bomb-shell, grenade, bottle or 
8 other container containing an
explosive substance of 
9 over one-quarter ounce for like purposes, such
as, but 
10 not limited to, black powder bombs and Molotov 
11 cocktails or
artillery projectiles; or

12  (8) Carries or possesses any firearm, stun gun or taser 
13 or other
deadly weapon in any place which is licensed to 
14 sell intoxicating
beverages, or at any public gathering 
15 held pursuant to a license issued
by any governmental body 
16 or any public gathering at which an admission
is charged, 
17 excluding a place where a showing, demonstration or lecture

18 involving the exhibition of unloaded firearms is 
19 conducted.

20  This subsection (a)(8) does not apply to any auction or 
21 raffle of a firearm
held pursuant to
a license or permit 
22 issued by a governmental body, nor does it apply to persons

23 engaged
in firearm safety training courses; or

24  (9) Carries or possesses in a vehicle or on or about 
25 his person any
pistol, revolver, stun gun or taser or 
26 firearm or ballistic knife, when
he is hooded, robed or 
 
 
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1 masked in such manner as to conceal his identity; or

2  (10) Carries or possesses on or about his person, upon 
3 any public street,
alley, or other public lands within the 
4 corporate limits of a city, village
or incorporated town, 
5 except when an invitee thereon or therein, for the
purpose 
6 of the display of such weapon or the lawful commerce in 
7 weapons, or
except when on his land or in his own abode, 
8 legal dwelling, or fixed place of business, or on the land 
9 or in the legal dwelling of another person as an invitee 
10 with that person's permission, any
pistol, revolver, stun 
11 gun or taser or other firearm, except that this
subsection 
12 (a) (10) does not apply to or affect transportation of 
13 weapons that
meet one of the following conditions:

14   (i) are broken down in a non-functioning state; or

15   (ii) are not immediately accessible; or

16   (iii) are unloaded and enclosed in a case, firearm 
17 carrying box,
shipping box, or other container by a 
18 person who has been issued a currently
valid Firearm 
19 Owner's
Identification Card; or

20   (iv) are carried or possessed in accordance with 
21 the Firearm Concealed Carry Act by a person who has 
22 been issued a currently valid license under the Firearm 
23 Concealed Carry Act. 
24  A "stun gun or taser", as used in this paragraph (a) 
25 means (i) any device
which is powered by electrical 
26 charging units, such as, batteries, and
which fires one or 
 
 
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1 several barbs attached to a length of wire and
which, upon 
2 hitting a human, can send out a current capable of 
3 disrupting
the person's nervous system in such a manner as 
4 to render him incapable of
normal functioning or (ii) any 
5 device which is powered by electrical
charging units, such 
6 as batteries, and which, upon contact with a human or

7 clothing worn by a human, can send out current capable of 
8 disrupting
the person's nervous system in such a manner as 
9 to render him incapable
of normal functioning; or

10  (11) Sells, manufactures or purchases any explosive 
11 bullet. For purposes
of this paragraph (a) "explosive 
12 bullet" means the projectile portion of
an ammunition 
13 cartridge which contains or carries an explosive charge 
14 which
will explode upon contact with the flesh of a human 
15 or an animal.
"Cartridge" means a tubular metal case having 
16 a projectile affixed at the
front thereof and a cap or 
17 primer at the rear end thereof, with the
propellant 
18 contained in such tube between the projectile and the cap; 
19 or

20  (12) (Blank); or

21  (13) Carries or possesses on or about his or her person 
22 while in a building occupied by a unit of government, a 
23 billy club, other weapon of like character, or other 
24 instrument of like character intended for use as a weapon. 
25 For the purposes of this Section, "billy club" means a 
26 short stick or club commonly carried by police officers 
 
 
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1 which is either telescopic or constructed of a solid piece 
2 of wood or other man-made material. 
3 (b) Sentence. A person convicted of a violation of 
4subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),

5subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a 
6Class A
misdemeanor.
A person convicted of a violation of 
7subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a 
8person
convicted of a violation of subsection 24-1(a)(6) or 
924-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person 
10convicted of a violation of subsection
24-1(a)(7)(i) commits a 
11Class 2 felony and shall be sentenced to a term of imprisonment 
12of not less than 3 years and not more than 7 years, unless the 
13weapon is possessed in the
passenger compartment of a motor 
14vehicle as defined in Section 1-146 of the
Illinois Vehicle 
15Code, or on the person, while the weapon is loaded, in which

16case it shall be a Class X felony. A person convicted of a

17second or subsequent violation of subsection 24-1(a)(4), 
1824-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 
19felony. The possession of each weapon in violation of this 
20Section constitutes a single and separate violation.

21 (c) Violations in specific places.

22  (1) A person who violates subsection 24-1(a)(6) or 
23 24-1(a)(7) in any
school, regardless of the time of day or 
24 the time of year, in residential
property owned, operated 
25 or managed by a public housing agency or
leased by
a public 
26 housing agency as part of a scattered site or mixed-income

 
 
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1 development, in a
public park, in a courthouse, on the real 
2 property comprising any school,
regardless of the
time of 
3 day or the time of year, on residential property owned, 
4 operated
or
managed by a public housing agency
or leased by 
5 a public housing agency as part of a scattered site or

6 mixed-income development,
on the real property comprising 
7 any
public park, on the real property comprising any 
8 courthouse, in any conveyance
owned, leased or contracted 
9 by a school to
transport students to or from school or a 
10 school related activity, in any conveyance
owned, leased, 
11 or contracted by a public transportation agency, or on any

12 public way within 1,000 feet of the real property 
13 comprising any school,
public park, courthouse, public 
14 transportation facility, or residential property owned, 
15 operated, or managed
by a public housing agency
or leased 
16 by a public housing agency as part of a scattered site or

17 mixed-income development
commits a Class 2 felony and shall 
18 be sentenced to a term of imprisonment of not less than 3 
19 years and not more than 7 years.

20  (1.5) A person who violates subsection 24-1(a)(4), 
21 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the 
22 time of day or the time of year,
in residential property 
23 owned, operated, or managed by a public
housing
agency
or 
24 leased by a public housing agency as part of a scattered 
25 site or
mixed-income development,
in
a public
park, in a 
26 courthouse, on the real property comprising any school, 
 
 
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1 regardless
of the time of day or the time of year, on 
2 residential property owned,
operated, or managed by a 
3 public housing agency
or leased by a public housing agency 
4 as part of a scattered site or
mixed-income development,
on 
5 the real property
comprising any public park, on the real 
6 property comprising any courthouse, in
any conveyance 
7 owned, leased, or contracted by a school to transport 
8 students
to or from school or a school related activity, in 
9 any conveyance
owned, leased, or contracted by a public 
10 transportation agency, or on any public way within
1,000 
11 feet of the real property comprising any school, public 
12 park, courthouse,
public transportation facility, or 
13 residential property owned, operated, or managed by a 
14 public
housing agency
or leased by a public housing agency 
15 as part of a scattered site or
mixed-income development

16 commits a Class 3 felony.

17  (2) A person who violates subsection 24-1(a)(1), 
18 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the 
19 time of day or the time of year, in
residential property 
20 owned, operated or managed by a public housing
agency
or 
21 leased by a public housing agency as part of a scattered 
22 site or
mixed-income development,
in
a public park, in a 
23 courthouse, on the real property comprising any school,

24 regardless of the time of day or the time of year, on 
25 residential property
owned, operated or managed by a public 
26 housing agency
or leased by a public housing agency as part 
 
 
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1 of a scattered site or
mixed-income development,
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, in 
6 any conveyance
owned, leased, or contracted by a public 
7 transportation agency, or on any public way within
1,000 
8 feet of the real property comprising any school, public 
9 park, courthouse,
public transportation facility, or 
10 residential property owned, operated, or managed by a 
11 public
housing agency or leased by a public housing agency 
12 as part of a scattered
site or mixed-income development 
13 commits a Class 4 felony. "Courthouse"
means any building 
14 that is used by the Circuit, Appellate, or Supreme Court of

15 this State for the conduct of official business.

16  (3) Paragraphs (1), (1.5), and (2) of this subsection 
17 (c) shall not
apply to law
enforcement officers or security 
18 officers of such school, college, or
university or to 
19 students carrying or possessing firearms for use in 
20 training
courses, parades, hunting, target shooting on 
21 school ranges, or otherwise with
the consent of school 
22 authorities and which firearms are transported unloaded

23 enclosed in a suitable case, box, or transportation 
24 package.

25  (4) For the purposes of this subsection (c), "school" 
26 means any public or
private elementary or secondary school, 
 
 
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1 community college, college, or
university.

2  (5) For the purposes of this subsection (c), "public 
3 transportation agency" means a public or private agency 
4 that provides for the transportation or conveyance of

5 persons by means available to the general public, except 
6 for transportation
by automobiles not used for conveyance 
7 of the general public as passengers; and "public 
8 transportation facility" means a terminal or other place

9 where one may obtain public transportation.

10 (d) The presence in an automobile other than a public 
11omnibus of any
weapon, instrument or substance referred to in 
12subsection (a)(7) is
prima facie evidence that it is in the 
13possession of, and is being
carried by, all persons occupying 
14such automobile at the time such
weapon, instrument or 
15substance is found, except under the following
circumstances: 
16(i) if such weapon, instrument or instrumentality is
found upon 
17the person of one of the occupants therein; or (ii) if such

18weapon, instrument or substance is found in an automobile 
19operated for
hire by a duly licensed driver in the due, lawful 
20and proper pursuit of
his trade, then such presumption shall 
21not apply to the driver.

22 (e) Exemptions.
23  (1) Crossbows, Common or Compound bows and Underwater

24 Spearguns are exempted from the definition of ballistic 
25 knife as defined in
paragraph (1) of subsection (a) of this 
26 Section.
 
 
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1  (2) The provision of paragraph (1) of subsection (a) of 
2 this Section prohibiting the sale, manufacture, purchase, 
3 possession, or carrying of any knife, commonly referred to 
4 as a switchblade knife, which has a
blade that opens 
5 automatically by hand pressure applied to a button,
spring 
6 or other device in the handle of the knife, does not apply 
7 to a person who possesses a currently valid Firearm Owner's 
8 Identification Card previously issued in his or her name by 
9 the Department of State Police or to a person or an entity 
10 engaged in the business of selling or manufacturing 
11 switchblade knives. 

12(Source: P.A. 99-29, eff. 7-10-15.)



13 Section 99. Effective date. This Act takes effect upon 
14becoming law.".