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| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3289 Introduced 2/15/2018, by Sen. Chris Nybo SYNOPSIS AS INTRODUCED:
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720 ILCS 5/24-1 | from Ch. 38, par. 24-1 |
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Amends the Criminal Code of 2012. Re-enacts the provision making it a Class 3 felony for a person to violate the prohibition on carrying or possessing a firearm on or about his or her person, except as otherwise authorized by law, within 1,000 feet of a public park. Provides the purpose of the re-enactment is intended to
remove any question as to the validity or content of those provisions. Effective immediately.
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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 1. Purpose. |
| 5 | | (a) The General Assembly finds and declares that:
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| 6 | | (1) Paragraph (1.5) of subsection (c) of Section 24-1 |
| 7 | | of the Criminal Code of 2012 contains a provision making it |
| 8 | | a Class 3 felony for a person to violate the prohibition on |
| 9 | | carrying or possessing a firearm on or about his or her |
| 10 | | person, except as otherwise authorized by law, within 1,000 |
| 11 | | feet of a public park in addition to other specified |
| 12 | | locations.
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| 13 | | (2) On February 1, 2018, the Illinois Supreme Court, in |
| 14 | | People v.
Julio Chairez, Docket No. 121417, ruled that |
| 15 | | paragraph (1.5) of subsection (c) of Section 24-1 of the |
| 16 | | Criminal Code of 2012 as applied to possessing or carrying |
| 17 | | a firearm within 1,000 feet of a public park violates the |
| 18 | | defendant's right to keep and bear arms under the second |
| 19 | | amendment to the United States Constitution, but found it |
| 20 | | severable from the remaining portions of the statute. |
| 21 | | However, in reaching its holding
the Illinois Supreme Court |
| 22 | | found the offense in the case occurred prior to the |
| 23 | | enactment of Public Act 98-63 (effective July 9, 2013) |
| 24 | | which enacted the Firearm Concealed Carry Act and amended |
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| 1 | | various other statutes including the unlawful use of |
| 2 | | weapons provisions in Section 24-1 of the Criminal Code of |
| 3 | | 2012; therefore, the Court made clear in its opinion that |
| 4 | | neither the Firearm Concealed Carry Act nor the amended |
| 5 | | unlawful use of weapons statute currently in effect were at |
| 6 | | issue in the case.
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| 7 | | (3) Based upon the Illinois Supreme Court's |
| 8 | | determination in the above-cited case that its ruling did |
| 9 | | not affect the statutes as subsequently amended by Public |
| 10 | | Act 98-63 and therefore those provisions including |
| 11 | | paragraph (1.5) of subsection (c) of Section 24-1 of the |
| 12 | | Criminal Code of 2012 within the amended scheme of firearm |
| 13 | | possession and use continue to have a presumption of |
| 14 | | constitutionality and enforceability. However, since the |
| 15 | | firearm provision concerning unlawful possession or |
| 16 | | carrying of firearms near public parks is of vital concern |
| 17 | | to the people of this State and legislative action
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| 18 | | concerning the provisions of paragraph (1.5) of subsection |
| 19 | | (c) of Section 24-1 of the Criminal Code of 2012 at issue |
| 20 | | in the above-cited case is necessary.
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| 21 | | (b) It is the purpose of this Act to re-enact certain |
| 22 | | criminal provisions
of paragraph (1.5) of subsection (c) of |
| 23 | | Section 24-1 of the Criminal Code of 2012.
This re-enactment is |
| 24 | | intended to
remove any question as to the validity or content |
| 25 | | of those provisions.
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| 1 | | Section 5. The Criminal Code of 2012 is amended by changing |
| 2 | | Section 24-1 as follows:
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| 3 | | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
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| 4 | | Sec. 24-1. Unlawful use of weapons.
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| 5 | | (a) A person commits the offense of unlawful use of weapons |
| 6 | | when
he knowingly:
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| 7 | | (1) Sells, manufactures, purchases, possesses or |
| 8 | | carries any bludgeon,
black-jack, slung-shot, sand-club, |
| 9 | | sand-bag, metal knuckles or other knuckle weapon |
| 10 | | regardless of its composition, throwing star,
or any knife, |
| 11 | | commonly referred to as a switchblade knife, which has a
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| 12 | | blade that opens automatically by hand pressure applied to |
| 13 | | a button,
spring or other device in the handle of the |
| 14 | | knife, or a ballistic knife,
which is a device that propels |
| 15 | | a knifelike blade as a projectile by means
of a coil |
| 16 | | spring, elastic material or compressed gas; or
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| 17 | | (2) Carries or possesses with intent to use the same |
| 18 | | unlawfully
against another, a dagger, dirk, billy, |
| 19 | | dangerous knife, razor,
stiletto, broken bottle or other |
| 20 | | piece of glass, stun gun or taser or
any other dangerous or |
| 21 | | deadly weapon or instrument of like character; or
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| 22 | | (3) Carries on or about his person or in any vehicle, a |
| 23 | | tear gas gun
projector or bomb or any object containing |
| 24 | | noxious liquid gas or
substance, other than an object |
| 25 | | containing a non-lethal noxious liquid gas
or substance |
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| 1 | | designed solely for personal defense carried by a person 18
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| 2 | | years of age or older; or
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| 3 | | (4) Carries or possesses in any vehicle or concealed on |
| 4 | | or about his
person except when on his land or in his own |
| 5 | | abode, legal dwelling, or fixed place of
business, or on |
| 6 | | the land or in the legal dwelling of another person as an |
| 7 | | invitee with that person's permission, any pistol, |
| 8 | | revolver, stun gun or taser or other firearm, except
that
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| 9 | | this subsection (a) (4) does not apply to or affect |
| 10 | | transportation of weapons
that meet one of the following |
| 11 | | conditions:
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| 12 | | (i) are broken down in a non-functioning state; or
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| 13 | | (ii) are not immediately accessible; or
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| 14 | | (iii) are unloaded and enclosed in a case, firearm |
| 15 | | carrying box,
shipping box, or other container by a |
| 16 | | person who has been issued a currently
valid Firearm |
| 17 | | Owner's
Identification Card; or |
| 18 | | (iv) are carried or possessed in accordance with |
| 19 | | the Firearm Concealed Carry Act by a person who has |
| 20 | | been issued a currently valid license under the Firearm |
| 21 | | Concealed Carry Act; or
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| 22 | | (5) Sets a spring gun; or
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| 23 | | (6) Possesses any device or attachment of any kind |
| 24 | | designed, used or
intended for use in silencing the report |
| 25 | | of any firearm; or
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| 26 | | (7) Sells, manufactures, purchases, possesses or |
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| 1 | | carries:
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| 2 | | (i) a machine gun, which shall be defined for the |
| 3 | | purposes of this
subsection as any weapon,
which |
| 4 | | shoots, is designed to shoot, or can be readily |
| 5 | | restored to shoot,
automatically more than one shot |
| 6 | | without manually reloading by a single
function of the |
| 7 | | trigger, including the frame or receiver
of any such |
| 8 | | weapon, or sells, manufactures, purchases, possesses, |
| 9 | | or
carries any combination of parts designed or |
| 10 | | intended for
use in converting any weapon into a |
| 11 | | machine gun, or any combination or
parts from which a |
| 12 | | machine gun can be assembled if such parts are in the
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| 13 | | possession or under the control of a person;
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| 14 | | (ii) any rifle having one or
more barrels less than |
| 15 | | 16 inches in length or a shotgun having one or more
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| 16 | | barrels less than 18 inches in length or any weapon |
| 17 | | made from a rifle or
shotgun, whether by alteration, |
| 18 | | modification, or otherwise, if such a weapon
as |
| 19 | | modified has an overall length of less than 26 inches; |
| 20 | | or
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| 21 | | (iii) any
bomb, bomb-shell, grenade, bottle or |
| 22 | | other container containing an
explosive substance of |
| 23 | | over one-quarter ounce for like purposes, such
as, but |
| 24 | | not limited to, black powder bombs and Molotov |
| 25 | | cocktails or
artillery projectiles; or
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| 26 | | (8) Carries or possesses any firearm, stun gun or taser |
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| 1 | | or other
deadly weapon in any place which is licensed to |
| 2 | | sell intoxicating
beverages, or at any public gathering |
| 3 | | held pursuant to a license issued
by any governmental body |
| 4 | | or any public gathering at which an admission
is charged, |
| 5 | | excluding a place where a showing, demonstration or lecture
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| 6 | | involving the exhibition of unloaded firearms is |
| 7 | | conducted.
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| 8 | | This subsection (a)(8) does not apply to any auction or |
| 9 | | raffle of a firearm
held pursuant to
a license or permit |
| 10 | | issued by a governmental body, nor does it apply to persons
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| 11 | | engaged
in firearm safety training courses; or
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| 12 | | (9) Carries or possesses in a vehicle or on or about |
| 13 | | his person any
pistol, revolver, stun gun or taser or |
| 14 | | firearm or ballistic knife, when
he is hooded, robed or |
| 15 | | masked in such manner as to conceal his identity; or
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| 16 | | (10) Carries or possesses on or about his person, upon |
| 17 | | any public street,
alley, or other public lands within the |
| 18 | | corporate limits of a city, village
or incorporated town, |
| 19 | | except when an invitee thereon or therein, for the
purpose |
| 20 | | of the display of such weapon or the lawful commerce in |
| 21 | | weapons, or
except when on his land or in his own abode, |
| 22 | | legal dwelling, or fixed place of business, or on the land |
| 23 | | or in the legal dwelling of another person as an invitee |
| 24 | | with that person's permission, any
pistol, revolver, stun |
| 25 | | gun or taser or other firearm, except that this
subsection |
| 26 | | (a) (10) does not apply to or affect transportation of |
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| 1 | | weapons that
meet one of the following conditions:
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| 2 | | (i) are broken down in a non-functioning state; or
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| 3 | | (ii) are not immediately accessible; or
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| 4 | | (iii) are unloaded and enclosed in a case, firearm |
| 5 | | carrying box,
shipping box, or other container by a |
| 6 | | person who has been issued a currently
valid Firearm |
| 7 | | Owner's
Identification Card; or
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| 8 | | (iv) are carried or possessed in accordance with |
| 9 | | the Firearm Concealed Carry Act by a person who has |
| 10 | | been issued a currently valid license under the Firearm |
| 11 | | Concealed Carry Act. |
| 12 | | A "stun gun or taser", as used in this paragraph (a) |
| 13 | | means (i) any device
which is powered by electrical |
| 14 | | charging units, such as, batteries, and
which fires one or |
| 15 | | several barbs attached to a length of wire and
which, upon |
| 16 | | hitting a human, can send out a current capable of |
| 17 | | disrupting
the person's nervous system in such a manner as |
| 18 | | to render him incapable of
normal functioning or (ii) any |
| 19 | | device which is powered by electrical
charging units, such |
| 20 | | as batteries, and which, upon contact with a human or
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| 21 | | clothing worn by a human, can send out current capable of |
| 22 | | disrupting
the person's nervous system in such a manner as |
| 23 | | to render him incapable
of normal functioning; or
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| 24 | | (11) Sells, manufactures or purchases any explosive |
| 25 | | bullet. For purposes
of this paragraph (a) "explosive |
| 26 | | bullet" means the projectile portion of
an ammunition |
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| 1 | | cartridge which contains or carries an explosive charge |
| 2 | | which
will explode upon contact with the flesh of a human |
| 3 | | or an animal.
"Cartridge" means a tubular metal case having |
| 4 | | a projectile affixed at the
front thereof and a cap or |
| 5 | | primer at the rear end thereof, with the
propellant |
| 6 | | contained in such tube between the projectile and the cap; |
| 7 | | or
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| 8 | | (12) (Blank); or
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| 9 | | (13) Carries or possesses on or about his or her person |
| 10 | | while in a building occupied by a unit of government, a |
| 11 | | billy club, other weapon of like character, or other |
| 12 | | instrument of like character intended for use as a weapon. |
| 13 | | For the purposes of this Section, "billy club" means a |
| 14 | | short stick or club commonly carried by police officers |
| 15 | | which is either telescopic or constructed of a solid piece |
| 16 | | of wood or other man-made material. |
| 17 | | (b) Sentence. A person convicted of a violation of |
| 18 | | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
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| 19 | | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a |
| 20 | | Class A
misdemeanor.
A person convicted of a violation of |
| 21 | | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a |
| 22 | | person
convicted of a violation of subsection 24-1(a)(6) or |
| 23 | | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person |
| 24 | | convicted of a violation of subsection
24-1(a)(7)(i) commits a |
| 25 | | Class 2 felony and shall be sentenced to a term of imprisonment |
| 26 | | of not less than 3 years and not more than 7 years, unless the |
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| 1 | | weapon is possessed in the
passenger compartment of a motor |
| 2 | | vehicle as defined in Section 1-146 of the
Illinois Vehicle |
| 3 | | Code, or on the person, while the weapon is loaded, in which
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| 4 | | case it shall be a Class X felony. A person convicted of a
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| 5 | | second or subsequent violation of subsection 24-1(a)(4), |
| 6 | | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 |
| 7 | | felony. The possession of each weapon in violation of this |
| 8 | | Section constitutes a single and separate violation.
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| 9 | | (c) Violations in specific places.
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| 10 | | (1) A person who violates subsection 24-1(a)(6) or |
| 11 | | 24-1(a)(7) in any
school, regardless of the time of day or |
| 12 | | the time of year, in residential
property owned, operated |
| 13 | | or managed by a public housing agency or
leased by
a public |
| 14 | | housing agency as part of a scattered site or mixed-income
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| 15 | | development, in a
public park, in a courthouse, on the real |
| 16 | | property comprising any school,
regardless of the
time of |
| 17 | | day or the time of year, on residential property owned, |
| 18 | | operated
or
managed by a public housing agency
or leased by |
| 19 | | a public housing agency as part of a scattered site or
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| 20 | | mixed-income development,
on the real property comprising |
| 21 | | any
public park, on the real property comprising any |
| 22 | | courthouse, in any conveyance
owned, leased or contracted |
| 23 | | by a school to
transport students to or from school or a |
| 24 | | school related activity, in any conveyance
owned, leased, |
| 25 | | or contracted by a public transportation agency, or on any
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| 26 | | public way within 1,000 feet of the real property |
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| 1 | | comprising any school,
public park, courthouse, public |
| 2 | | transportation facility, or residential property owned, |
| 3 | | operated, or managed
by a public housing agency
or leased |
| 4 | | by a public housing agency as part of a scattered site or
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| 5 | | mixed-income development
commits a Class 2 felony and shall |
| 6 | | be sentenced to a term of imprisonment of not less than 3 |
| 7 | | years and not more than 7 years.
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| 8 | | (1.5) A person who violates subsection 24-1(a)(4), |
| 9 | | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the |
| 10 | | time of day or the time of year,
in residential property |
| 11 | | owned, operated, or managed by a public
housing
agency
or |
| 12 | | leased by a public housing agency as part of a scattered |
| 13 | | site or
mixed-income development,
in
a public
park, in a |
| 14 | | courthouse, on the real property comprising any school, |
| 15 | | regardless
of the time of day or the time of year, on |
| 16 | | residential property owned,
operated, or managed by a |
| 17 | | public housing agency
or leased by a public housing agency |
| 18 | | as part of a scattered site or
mixed-income development,
on |
| 19 | | the real property
comprising any public park, on the real |
| 20 | | property comprising any courthouse, in
any conveyance |
| 21 | | owned, leased, or contracted by a school to transport |
| 22 | | students
to or from school or a school related activity, in |
| 23 | | any conveyance
owned, leased, or contracted by a public |
| 24 | | transportation agency, or on any public way within
1,000 |
| 25 | | 1,000 feet of the real property comprising any school, |
| 26 | | public park public park, courthouse,
public transportation |
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| 1 | | facility, or residential property owned, operated, or |
| 2 | | managed by a public
housing agency
or leased by a public |
| 3 | | housing agency as part of a scattered site or
mixed-income |
| 4 | | development
commits a Class 3 felony.
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| 5 | | (2) A person who violates subsection 24-1(a)(1), |
| 6 | | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the |
| 7 | | time of day or the time of year, in
residential property |
| 8 | | owned, operated or managed by a public housing
agency
or |
| 9 | | leased by a public housing agency as part of a scattered |
| 10 | | site or
mixed-income development,
in
a public park, in a |
| 11 | | courthouse, on the real property comprising any school,
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| 12 | | regardless of the time of day or the time of year, on |
| 13 | | residential property
owned, operated or managed by a public |
| 14 | | housing agency
or leased by a public housing agency as part |
| 15 | | of a scattered site or
mixed-income development,
on the |
| 16 | | real property
comprising any public park, on the real |
| 17 | | property comprising any courthouse, in
any conveyance |
| 18 | | owned, leased or contracted by a school to transport |
| 19 | | students
to or from school or a school related activity, in |
| 20 | | any conveyance
owned, leased, or contracted by a public |
| 21 | | transportation agency, or on any public way within
1,000 |
| 22 | | feet of the real property comprising any school, public |
| 23 | | park, courthouse,
public transportation facility, or |
| 24 | | residential property owned, operated, or managed by a |
| 25 | | public
housing agency or leased by a public housing agency |
| 26 | | as part of a scattered
site or mixed-income development |
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| 1 | | commits a Class 4 felony. "Courthouse"
means any building |
| 2 | | that is used by the Circuit, Appellate, or Supreme Court of
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| 3 | | this State for the conduct of official business.
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| 4 | | (3) Paragraphs (1), (1.5), and (2) of this subsection |
| 5 | | (c) shall not
apply to law
enforcement officers or security |
| 6 | | officers of such school, college, or
university or to |
| 7 | | students carrying or possessing firearms for use in |
| 8 | | training
courses, parades, hunting, target shooting on |
| 9 | | school ranges, or otherwise with
the consent of school |
| 10 | | authorities and which firearms are transported unloaded
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| 11 | | enclosed in a suitable case, box, or transportation |
| 12 | | package.
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| 13 | | (4) For the purposes of this subsection (c), "school" |
| 14 | | means any public or
private elementary or secondary school, |
| 15 | | community college, college, or
university.
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| 16 | | (5) For the purposes of this subsection (c), "public |
| 17 | | transportation agency" means a public or private agency |
| 18 | | that provides for the transportation or conveyance of
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| 19 | | persons by means available to the general public, except |
| 20 | | for transportation
by automobiles not used for conveyance |
| 21 | | of the general public as passengers; and "public |
| 22 | | transportation facility" means a terminal or other place
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| 23 | | where one may obtain public transportation.
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| 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 |
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| 1 | | possession of, and is being
carried by, all persons occupying |
| 2 | | such automobile at the time such
weapon, instrument or |
| 3 | | substance is found, except under the following
circumstances: |
| 4 | | (i) if such weapon, instrument or instrumentality is
found upon |
| 5 | | the person of one of the occupants therein; or (ii) if such
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| 6 | | weapon, instrument or substance is found in an automobile |
| 7 | | operated for
hire by a duly licensed driver in the due, lawful |
| 8 | | and proper pursuit of
his trade, then such presumption shall |
| 9 | | not apply to the driver.
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| 10 | | (e) Exemptions. |
| 11 | | (1) Crossbows, Common or Compound bows and Underwater
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| 12 | | Spearguns are exempted from the definition of ballistic |
| 13 | | knife as defined in
paragraph (1) of subsection (a) of this |
| 14 | | Section. |
| 15 | | (2) The provision of paragraph (1) of subsection (a) of |
| 16 | | this Section prohibiting the sale, manufacture, purchase, |
| 17 | | possession, or carrying of any knife, commonly referred to |
| 18 | | as a switchblade knife, which has a
blade that opens |
| 19 | | automatically by hand pressure applied to a button,
spring |
| 20 | | or other device in the handle of the knife, does not apply |
| 21 | | to a person who possesses a currently valid Firearm Owner's |
| 22 | | Identification Card previously issued in his or her name by |
| 23 | | the Department of State Police or to a person or an entity |
| 24 | | engaged in the business of selling or manufacturing |
| 25 | | switchblade knives.
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| 26 | | (Source: P.A. 99-29, eff. 7-10-15; 100-82, eff. 8-11-17.)
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