101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0896
 
Introduced , by Rep. Bob Morgan
 
SYNOPSIS AS INTRODUCED:

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

 Amends the Criminal Code of 2012. Makes a technical change in a Section concerning the unlawful use
of weapons.



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A BILL FOR
 


HB0896LRB101 07599 SLF 52646 b



1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly: 


4 Section 5. The Criminal Code of 2012 is amended by changing 
5Section 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
the offense of unlawful use of 
9weapons when
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 
17 knife, or a ballistic knife,
which is a device that propels 
18 a knifelike blade as a projectile by means
of a coil 
19 spring, elastic material or compressed gas; or

20  (2) Carries or possesses with intent to use the same 
21 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 or 
 
 
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1 deadly weapon or instrument of like character; or

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

7 years of age or older; or

8  (4) Carries or possesses in any vehicle or concealed on 
9 or about his
person except when on his land or in his own 
10 abode, legal dwelling, or fixed place of
business, or on 
11 the land or in the legal dwelling of another person as an 
12 invitee with that person's permission, any pistol, 
13 revolver, stun gun or taser or other firearm, except
that

14 this subsection (a) (4) does not apply to or affect 
15 transportation of weapons
that meet one of the following 
16 conditions:

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

18   (ii) are not immediately accessible; or

19   (iii) are unloaded and enclosed in a case, firearm 
20 carrying box,
shipping box, or other container by a 
21 person who has been issued a currently
valid Firearm 
22 Owner's
Identification Card; or
23   (iv) are carried or possessed in accordance with 
24 the Firearm Concealed Carry Act by a person who has 
25 been issued a currently valid license under the Firearm 
26 Concealed Carry Act; or 

 
 
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1  (5) Sets a spring gun; or

2  (6) Possesses any device or attachment of any kind 
3 designed, used or
intended for use in silencing the report 
4 of any firearm; or

5  (7) Sells, manufactures, purchases, possesses or 
6 carries:

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

18 possession or under the control of a person;

19   (ii) any rifle having one or
more barrels less than 
20 16 inches in length or a shotgun having one or more

21 barrels less than 18 inches in length or any weapon 
22 made from a rifle or
shotgun, whether by alteration, 
23 modification, or otherwise, if such a weapon
as 
24 modified has an overall length of less than 26 inches; 
25 or

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

5  (8) Carries or possesses any firearm, stun gun or taser 
6 or other
deadly weapon in any place which is licensed to 
7 sell intoxicating
beverages, or at any public gathering 
8 held pursuant to a license issued
by any governmental body 
9 or any public gathering at which an admission
is charged, 
10 excluding a place where a showing, demonstration or lecture

11 involving the exhibition of unloaded firearms is 
12 conducted.

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

16 engaged
in firearm safety training courses; or

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

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

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

8   (ii) are not immediately accessible; or

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

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

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

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

13  (12) (Blank); or

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

24subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a 
25Class A
misdemeanor.
A person convicted of a violation of 
26subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a 
 
 
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1person
convicted of a violation of subsection 24-1(a)(6) or 
224-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person 
3convicted of a violation of subsection
24-1(a)(7)(i) commits a 
4Class 2 felony and shall be sentenced to a term of imprisonment 
5of not less than 3 years and not more than 7 years, unless the 
6weapon is possessed in the
passenger compartment of a motor 
7vehicle as defined in Section 1-146 of the
Illinois Vehicle 
8Code, or on the person, while the weapon is loaded, in which

9case it shall be a Class X felony. A person convicted of a

10second or subsequent violation of subsection 24-1(a)(4), 
1124-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 
12felony. The possession of each weapon in violation of this 
13Section constitutes a single and separate violation.

14 (c) Violations in specific places.

15  (1) A person who violates subsection 24-1(a)(6) or 
16 24-1(a)(7) in any
school, regardless of the time of day or 
17 the time of year, in residential
property owned, operated 
18 or managed by a public housing agency or
leased by
a public 
19 housing agency as part of a scattered site or mixed-income

20 development, in a
public park, in a courthouse, on the real 
21 property comprising any school,
regardless of the
time of 
22 day or the time of year, on residential property owned, 
23 operated
or
managed by a public housing agency
or leased by 
24 a public housing agency as part of a scattered site or

25 mixed-income development,
on the real property comprising 
26 any
public park, on the real property comprising any 
 
 
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1 courthouse, in any conveyance
owned, leased or contracted 
2 by a school to
transport students to or from school or a 
3 school related activity, in any conveyance
owned, leased, 
4 or contracted by a public transportation agency, or on any

5 public way within 1,000 feet of the real property 
6 comprising any school,
public park, courthouse, public 
7 transportation facility, or residential property owned, 
8 operated, or managed
by a public housing agency
or leased 
9 by a public housing agency as part of a scattered site or

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

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

9 commits a Class 3 felony.

10  (2) A person who violates subsection 24-1(a)(1), 
11 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the 
12 time of day or the time of year, in
residential property 
13 owned, operated or managed by a public housing
agency
or 
14 leased by a public housing agency as part of a scattered 
15 site or
mixed-income development,
in
a public park, in a 
16 courthouse, on the real property comprising any school,

17 regardless of the time of day or the time of year, on 
18 residential property
owned, operated or managed by a public 
19 housing agency
or leased by a public housing agency as part 
20 of a scattered site or
mixed-income development,
on the 
21 real property
comprising any public park, on the real 
22 property comprising any courthouse, in
any conveyance 
23 owned, leased or contracted by a school to transport 
24 students
to or from school or a school related activity, in 
25 any conveyance
owned, leased, or contracted by a public 
26 transportation agency, or on any public way within
1,000 
 
 
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1 feet of the real property comprising any school, public 
2 park, courthouse,
public transportation facility, or 
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 
6 commits a Class 4 felony. "Courthouse"
means any building 
7 that is used by the Circuit, Appellate, or Supreme Court of

8 this State for the conduct of official business.

9  (3) Paragraphs (1), (1.5), and (2) of this subsection 
10 (c) shall not
apply to law
enforcement officers or security 
11 officers of such school, college, or
university or to 
12 students carrying or possessing firearms for use in 
13 training
courses, parades, hunting, target shooting on 
14 school ranges, or otherwise with
the consent of school 
15 authorities and which firearms are transported unloaded

16 enclosed in a suitable case, box, or transportation 
17 package.

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

21  (5) For the purposes of this subsection (c), "public 
22 transportation agency" means a public or private agency 
23 that provides for the transportation or conveyance of

24 persons by means available to the general public, except 
25 for transportation
by automobiles not used for conveyance 
26 of the general public as passengers; and "public 
 
 
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1 transportation facility" means a terminal or other place

2 where one may obtain public transportation.

3 (d) The presence in an automobile other than a public 
4omnibus of any
weapon, instrument or substance referred to in 
5subsection (a)(7) is
prima facie evidence that it is in the 
6possession of, and is being
carried by, all persons occupying 
7such automobile at the time such
weapon, instrument or 
8substance is found, except under the following
circumstances: 
9(i) if such weapon, instrument or instrumentality is
found upon 
10the person of one of the occupants therein; or (ii) if such

11weapon, instrument or substance is found in an automobile 
12operated for
hire by a duly licensed driver in the due, lawful 
13and proper pursuit of
his trade, then such presumption shall 
14not apply to the driver.

15 (e) Exemptions.
16  (1) Crossbows, Common or Compound bows and Underwater

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

5(Source: P.A. 99-29, eff. 7-10-15; 100-82, eff. 8-11-17.)