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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 Criminal Code of 2012 is amended by changing | ||||||||||||||||||||||||||||
5 | Sections 24-1, 24-1.6, and 24-3.1 as follows:
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6 | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
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7 | Sec. 24-1. Unlawful use of weapons.
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8 | (a) A person commits the offense of unlawful use of weapons | ||||||||||||||||||||||||||||
9 | when
he or she knowingly:
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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
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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
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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 or her person or in any | ||||||
3 | vehicle, a tear gas gun
projector or bomb or any object | ||||||
4 | containing noxious liquid gas or
substance, other than an | ||||||
5 | object containing a non-lethal noxious liquid gas
or | ||||||
6 | substance designed solely for personal defense carried by a | ||||||
7 | person 18
years of age or older; or
| ||||||
8 | (4) Carries or possesses in any vehicle or concealed on | ||||||
9 | or about his
or her person except when on his or her 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 | except
that
this subsection (a) (4) does not apply to or | ||||||
15 | affect transportation of weapons
that meet one of the | ||||||
16 | following 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
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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 |
| |||||||
| |||||||
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 or her person any
pistol, revolver, stun gun or taser | ||||||
19 | or firearm or ballistic knife, when
he or she is hooded, | ||||||
20 | robed or masked in such manner as to conceal his or her | ||||||
21 | identity; or
| ||||||
22 | (10) Carries or possesses on or about his or her | ||||||
23 | person, upon any public street,
alley, or other public | ||||||
24 | lands within the corporate limits of a city, village
or | ||||||
25 | incorporated town, except when an invitee thereon or | ||||||
26 | therein, for the
purpose of the display of such weapon or |
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| |||||||
1 | the lawful commerce in weapons, or
except when on his or | ||||||
2 | her land or in his or her own abode, legal dwelling, or | ||||||
3 | fixed place of business, or on the land or in the legal | ||||||
4 | dwelling of another person as an invitee with that person's | ||||||
5 | permission, any
pistol, revolver, stun gun or taser or | ||||||
6 | other firearm, except that this
subsection (a) (10) does | ||||||
7 | not apply to or affect transportation of weapons that
meet | ||||||
8 | one of the following conditions:
| ||||||
9 | (i) are broken down in a non-functioning state; or
| ||||||
10 | (ii) are not immediately accessible; or
| ||||||
11 | (iii) are unloaded and enclosed in a case, firearm | ||||||
12 | carrying box,
shipping box, or other container by a | ||||||
13 | person who has been issued a currently
valid Firearm | ||||||
14 | Owner's
Identification Card; or
| ||||||
15 | (iv) are carried or possessed in accordance with | ||||||
16 | the Firearm Concealed Carry Act by a person who has | ||||||
17 | been issued a currently valid license under the Firearm | ||||||
18 | Concealed Carry Act. | ||||||
19 | A "stun gun or taser", as used in this paragraph (a) | ||||||
20 | means (i) any device
which is powered by electrical | ||||||
21 | charging units, such as, batteries, and
which fires one or | ||||||
22 | several barbs attached to a length of wire and
which, upon | ||||||
23 | hitting a human, can send out a current capable of | ||||||
24 | disrupting
the person's nervous system in such a manner as | ||||||
25 | to render him incapable of
normal functioning or (ii) any | ||||||
26 | device which is powered by electrical
charging units, such |
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| |||||||
1 | as batteries, and which, upon contact with a human or
| ||||||
2 | clothing worn by a human, can send out current capable of | ||||||
3 | disrupting
the person's nervous system in such a manner as | ||||||
4 | to render him incapable
of normal functioning; or
| ||||||
5 | (11) Sells, manufactures or purchases any explosive | ||||||
6 | bullet. For purposes
of this paragraph (a) "explosive | ||||||
7 | bullet" means the projectile portion of
an ammunition | ||||||
8 | cartridge which contains or carries an explosive charge | ||||||
9 | which
will explode upon contact with the flesh of a human | ||||||
10 | or an animal.
"Cartridge" means a tubular metal case having | ||||||
11 | a projectile affixed at the
front thereof and a cap or | ||||||
12 | primer at the rear end thereof, with the
propellant | ||||||
13 | contained in such tube between the projectile and the cap; | ||||||
14 | or
| ||||||
15 | (12) (Blank); or
| ||||||
16 | (13) Carries or possesses on or about his or her person | ||||||
17 | while in a building occupied by a unit of government, a | ||||||
18 | billy club, other weapon of like character, or other | ||||||
19 | instrument of like character intended for use as a weapon. | ||||||
20 | For the purposes of this Section, "billy club" means a | ||||||
21 | short stick or club commonly carried by police officers | ||||||
22 | which is either telescopic or constructed of a solid piece | ||||||
23 | of wood or other man-made material. | ||||||
24 | (b) Sentence. A person convicted of a violation of | ||||||
25 | subsection 24-1(a)(1) , subsection 24-1(a)(2), subsection | ||||||
26 | 24-1(a)(3), subsection 24-1(a)(5),
through (5), subsection |
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| |||||||
1 | 24-1(a)(10),
subsection 24-1(a)(11), or subsection 24-1(a)(13) | ||||||
2 | commits a Class A
misdemeanor.
A person convicted of a | ||||||
3 | violation of subsection
24-1(a)(4), 24-1(a)(10), 24-1(a)(8) , | ||||||
4 | or 24-1(a)(9) commits a
Class 4 felony; a person
convicted of a | ||||||
5 | violation of subsection 24-1(a)(6) or 24-1(a)(7)(ii) or (iii)
| ||||||
6 | commits a Class 3 felony. A person convicted of a violation of | ||||||
7 | subsection
24-1(a)(7)(i) commits a Class 2 felony and shall be | ||||||
8 | sentenced to a term of imprisonment of not less than 3 years | ||||||
9 | and not more than 7 years, unless the weapon is possessed in | ||||||
10 | the
passenger compartment of a motor vehicle as defined in | ||||||
11 | Section 1-146 of the
Illinois Vehicle Code, or on the person, | ||||||
12 | while the weapon is loaded, in which
case it shall be a Class X | ||||||
13 | felony. A person convicted of a
second or subsequent violation | ||||||
14 | of subsection 24-1(a)(4), 24-1(a)(8),
24-1(a)(9), or
| ||||||
15 | 24-1(a)(10) commits a Class 3 felony. The possession of each | ||||||
16 | weapon in violation of this Section constitutes a single and | ||||||
17 | separate violation.
| ||||||
18 | (c) Violations in specific places.
| ||||||
19 | (1) A person who violates subsection 24-1(a)(6) or | ||||||
20 | 24-1(a)(7) in any
school, regardless of the time of day or | ||||||
21 | the time of year, in residential
property owned, operated | ||||||
22 | or managed by a public housing agency or
leased by
a public | ||||||
23 | housing agency as part of a scattered site or mixed-income
| ||||||
24 | development, in a
public park, in a courthouse, on the real | ||||||
25 | property comprising any school,
regardless of the
time of | ||||||
26 | day or the time of year, on residential property owned, |
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| |||||||
1 | operated
or
managed by a public housing agency
or leased by | ||||||
2 | a public housing agency as part of a scattered site or
| ||||||
3 | mixed-income development,
on the real property comprising | ||||||
4 | any
public park, on the real property comprising any | ||||||
5 | courthouse, in any conveyance
owned, leased or contracted | ||||||
6 | by a school to
transport students to or from school or a | ||||||
7 | school related activity, in any conveyance
owned, leased, | ||||||
8 | or contracted by a public transportation agency, or on any
| ||||||
9 | public way within 1,000 feet of the real property | ||||||
10 | comprising any school,
public park, courthouse, public | ||||||
11 | transportation facility, or residential property owned, | ||||||
12 | operated, or managed
by a public housing agency
or leased | ||||||
13 | by a public housing agency as part of a scattered site or
| ||||||
14 | mixed-income development
commits a Class 2 felony and shall | ||||||
15 | be sentenced to a term of imprisonment of not less than 3 | ||||||
16 | years and not more than 7 years.
| ||||||
17 | (1.5) A person who violates subsection 24-1(a)(4), | ||||||
18 | 24-1(a)(9), or
24-1(a)(10) 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 | ||||||
26 | public housing agency
or leased by a public housing agency |
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| |||||||
1 | as part of a scattered site or
mixed-income development,
on | ||||||
2 | the 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 3 felony.
| ||||||
14 | (2) A person who violates subsection 24-1(a)(1), | ||||||
15 | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | ||||||
16 | time of day or the time of year, in
residential property | ||||||
17 | owned, operated or managed by a public housing
agency
or | ||||||
18 | leased by a public housing agency as part of a scattered | ||||||
19 | site or
mixed-income development,
in
a public park, in a | ||||||
20 | courthouse, on the real property comprising any school,
| ||||||
21 | regardless of the time of day or the time of year, on | ||||||
22 | residential property
owned, operated or managed by a public | ||||||
23 | housing agency
or leased by a public housing agency as part | ||||||
24 | of a scattered site or
mixed-income development,
on the | ||||||
25 | real property
comprising any public park, on the real | ||||||
26 | property comprising any courthouse, in
any conveyance |
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| |||||||
1 | owned, leased or contracted by a school to transport | ||||||
2 | students
to or from school or a school related activity, in | ||||||
3 | any conveyance
owned, leased, or contracted by a public | ||||||
4 | transportation agency, or on any public way within
1,000 | ||||||
5 | feet of the real property comprising any school, public | ||||||
6 | park, courthouse,
public transportation facility, or | ||||||
7 | residential property owned, operated, or managed by a | ||||||
8 | public
housing agency or leased by a public housing agency | ||||||
9 | as part of a scattered
site or mixed-income development | ||||||
10 | commits a Class 4 felony. "Courthouse"
means any building | ||||||
11 | that is used by the Circuit, Appellate, or Supreme Court of
| ||||||
12 | this State for the conduct of official business.
| ||||||
13 | (3) Paragraphs (1), (1.5), and (2) of this subsection | ||||||
14 | (c) shall not
apply to law
enforcement officers or security | ||||||
15 | officers of such school, college, or
university or to | ||||||
16 | students carrying or possessing firearms for use in | ||||||
17 | training
courses, parades, hunting, target shooting on | ||||||
18 | school ranges, or otherwise with
the consent of school | ||||||
19 | authorities and which firearms are transported unloaded
| ||||||
20 | enclosed in a suitable case, box, or transportation | ||||||
21 | package.
| ||||||
22 | (4) For the purposes of this subsection (c), "school" | ||||||
23 | means any public or
private elementary or secondary school, | ||||||
24 | community college, college, or
university.
| ||||||
25 | (5) For the purposes of this subsection (c), "public | ||||||
26 | transportation agency" means a public or private agency |
| |||||||
| |||||||
1 | that provides for the transportation or conveyance of
| ||||||
2 | persons by means available to the general public, except | ||||||
3 | for transportation
by automobiles not used for conveyance | ||||||
4 | of the general public as passengers; and "public | ||||||
5 | transportation facility" means a terminal or other place
| ||||||
6 | where one may obtain public transportation.
| ||||||
7 | (d) The presence in an automobile other than a public | ||||||
8 | omnibus of any
weapon, instrument or substance referred to in | ||||||
9 | subsection (a)(7) is
prima facie evidence that it is in the | ||||||
10 | possession of, and is being
carried by, all persons occupying | ||||||
11 | such automobile at the time such
weapon, instrument or | ||||||
12 | substance is found, except under the following
circumstances: | ||||||
13 | (i) if such weapon, instrument or instrumentality is
found upon | ||||||
14 | the person of one of the occupants therein; or (ii) if such
| ||||||
15 | weapon, instrument or substance is found in an automobile | ||||||
16 | operated for
hire by a duly licensed driver in the due, lawful | ||||||
17 | and proper pursuit of
his or her trade, then such presumption | ||||||
18 | shall not apply to the driver.
| ||||||
19 | (e) Exemptions. | ||||||
20 | (1) Crossbows, Common or Compound bows and Underwater
| ||||||
21 | Spearguns are exempted from the definition of ballistic | ||||||
22 | knife as defined in
paragraph (1) of subsection (a) of this | ||||||
23 | Section. | ||||||
24 | (2) The provision of paragraph (1) of subsection (a) of | ||||||
25 | this Section prohibiting the sale, manufacture, purchase, | ||||||
26 | possession, or carrying of any knife, commonly referred to |
| |||||||
| |||||||
1 | as a switchblade knife, which has a
blade that opens | ||||||
2 | automatically by hand pressure applied to a button,
spring | ||||||
3 | or other device in the handle of the knife, does not apply | ||||||
4 | to a person who possesses a currently valid Firearm Owner's | ||||||
5 | Identification Card previously issued in his or her name by | ||||||
6 | the Department of State Police or to a person or an entity | ||||||
7 | engaged in the business of selling or manufacturing | ||||||
8 | switchblade knives.
| ||||||
9 | (Source: P.A. 99-29, eff. 7-10-15; 100-82, eff. 8-11-17.)
| ||||||
10 | (720 ILCS 5/24-1.6) | ||||||
11 | Sec. 24-1.6. Aggravated unlawful use of a weapon. | ||||||
12 | (a) A person commits the offense of aggravated unlawful use | ||||||
13 | of a weapon when
he or she knowingly: | ||||||
14 | (1) Carries on or about his or her person or in any | ||||||
15 | vehicle or concealed
on or about his or her person except | ||||||
16 | when on his or her land or in his or her
abode, legal | ||||||
17 | dwelling, or fixed place of business, or on the land or in | ||||||
18 | the legal dwelling of another person as an invitee with | ||||||
19 | that person's permission, any pistol, revolver, stun gun or | ||||||
20 | taser or
other firearm; or | ||||||
21 | (2) Carries or possesses on or about his or her person, | ||||||
22 | upon any public
street, alley, or other public lands within | ||||||
23 | the corporate limits of a city,
village or incorporated | ||||||
24 | town, except when an invitee thereon or therein, for
the | ||||||
25 | purpose of the display of such weapon or the lawful |
| |||||||
| |||||||
1 | commerce in weapons, or
except when on his or her own land | ||||||
2 | or in his or her own abode, legal dwelling, or fixed place | ||||||
3 | of
business, or on the land or in the legal dwelling of | ||||||
4 | another person as an invitee with that person's permission, | ||||||
5 | any pistol, revolver, stun gun or taser or other firearm; | ||||||
6 | and | ||||||
7 | (3) One of the following factors is present: | ||||||
8 | (A) the firearm, other than a pistol, revolver, or | ||||||
9 | handgun, possessed was uncased, loaded, and | ||||||
10 | immediately accessible
at the time of the offense; or | ||||||
11 | (A-5) the pistol, revolver, or handgun possessed | ||||||
12 | was uncased, loaded, and immediately accessible
at the | ||||||
13 | time of the offense and the person possessing the | ||||||
14 | pistol, revolver, or handgun has not been issued a | ||||||
15 | currently valid license under the Firearm Concealed | ||||||
16 | Carry Act; or | ||||||
17 | (B) the firearm, other than a pistol, revolver, or | ||||||
18 | handgun, possessed was uncased, unloaded, and the | ||||||
19 | ammunition for
the weapon was immediately accessible | ||||||
20 | at the time of the offense; or | ||||||
21 | (B-5) the pistol, revolver, or handgun possessed | ||||||
22 | was uncased, unloaded, and the ammunition for
the | ||||||
23 | weapon was immediately accessible at the time of the | ||||||
24 | offense and the person possessing the pistol, | ||||||
25 | revolver, or handgun has not been issued a currently | ||||||
26 | valid license under the Firearm Concealed Carry Act; or |
| |||||||
| |||||||
1 | (C) the person possessing the firearm has not been | ||||||
2 | issued a currently
valid Firearm Owner's | ||||||
3 | Identification Card; or | ||||||
4 | (D) the person possessing the weapon was | ||||||
5 | previously adjudicated
a delinquent minor under the | ||||||
6 | Juvenile Court Act of 1987 for an act that if
committed | ||||||
7 | by an adult would be a felony; or | ||||||
8 | (E) the person possessing the weapon was engaged in | ||||||
9 | a misdemeanor
violation of the Cannabis
Control Act, in | ||||||
10 | a misdemeanor violation of the Illinois Controlled | ||||||
11 | Substances
Act, or in a misdemeanor violation of the | ||||||
12 | Methamphetamine Control and Community Protection Act; | ||||||
13 | or | ||||||
14 | (F) (blank); or | ||||||
15 | (G) the person possessing the weapon had an order | ||||||
16 | of protection issued
against him or her within the | ||||||
17 | previous 2 years; or | ||||||
18 | (H) the person possessing the weapon was engaged in | ||||||
19 | the commission or
attempted commission of
a | ||||||
20 | misdemeanor involving the use or threat of violence | ||||||
21 | against
the person or property of another; or | ||||||
22 | (I) the person possessing the weapon was under 21 | ||||||
23 | years of age and in
possession of a handgun, unless the | ||||||
24 | person under 21
is engaged in lawful activities under | ||||||
25 | the Wildlife Code or described in
subsection | ||||||
26 | 24-2(b)(1), (b)(3), or 24-2(f). |
| |||||||
| |||||||
1 | (a-5) "Handgun" as used in this Section has the meaning | ||||||
2 | given to it in Section 5 of the Firearm Concealed Carry Act. | ||||||
3 | (b) "Stun gun or taser" as used in this Section has the | ||||||
4 | same definition
given to it in Section 24-1 of this Code. | ||||||
5 | (c) This Section does not apply to or affect the | ||||||
6 | transportation or
possession
of weapons that: | ||||||
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 person | ||||||
11 | who has been issued a currently
valid Firearm Owner's
| ||||||
12 | Identification Card. | ||||||
13 | (d) Sentence. | ||||||
14 | (1) Aggravated unlawful use of a weapon is a Class 3 4 | ||||||
15 | felony;
a second or subsequent offense is a Class 2 felony | ||||||
16 | for which the person shall be sentenced to a term of | ||||||
17 | imprisonment of not less than 3 years and not more than 7 | ||||||
18 | years, except as provided for in Section 5-4.5-110 of the | ||||||
19 | Unified Code of Corrections. | ||||||
20 | (2) Except as otherwise provided in paragraphs (3) and | ||||||
21 | (4) of this subsection (d), a first offense of aggravated | ||||||
22 | unlawful use of a weapon committed with a firearm by a | ||||||
23 | person 18 years of age or older where the factors listed in | ||||||
24 | both items (A) and (C) or both items (A-5) and (C) of | ||||||
25 | paragraph (3) of subsection (a) are present is a Class 3 4 | ||||||
26 | felony, for which the person shall be sentenced to a term |
| |||||||
| |||||||
1 | of imprisonment of not less than 2 one year and not more | ||||||
2 | than 5 3 years. | ||||||
3 | (3) Aggravated unlawful use of
a weapon by a person who | ||||||
4 | has been previously
convicted of a felony in this State or | ||||||
5 | another jurisdiction is a Class 2
felony for which the | ||||||
6 | person shall be sentenced to a term of imprisonment of not | ||||||
7 | less than 3 years and not more than 7 years, except as | ||||||
8 | provided for in Section 5-4.5-110 of the Unified Code of | ||||||
9 | Corrections. | ||||||
10 | (4) Aggravated unlawful use of a weapon while wearing | ||||||
11 | or in possession of body armor as defined in Section 33F-1 | ||||||
12 | by a person who has not been issued a valid Firearms | ||||||
13 | Owner's Identification Card in accordance with Section 5 of | ||||||
14 | the Firearm Owners Identification Card Act is a Class X | ||||||
15 | felony.
| ||||||
16 | (e) The possession of each firearm in violation of this | ||||||
17 | Section constitutes a single and separate violation. | ||||||
18 | (Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17 .)
| ||||||
19 | (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
| ||||||
20 | Sec. 24-3.1. Unlawful possession of firearms and firearm | ||||||
21 | ammunition.
| ||||||
22 | (a) A person commits the offense of unlawful possession of | ||||||
23 | firearms
or firearm ammunition when:
| ||||||
24 | (1) He or she is under 18 years of age and has in his or | ||||||
25 | her possession
any firearm of
a size which may be concealed |
| |||||||
| |||||||
1 | upon the person; or
| ||||||
2 | (2) He or she is under 21 years of age, has been | ||||||
3 | convicted of a misdemeanor
other than a traffic offense or | ||||||
4 | adjudged delinquent and has
any firearms or
firearm | ||||||
5 | ammunition in his or her possession; or
| ||||||
6 | (3) He or she is a narcotic addict and has
any firearms | ||||||
7 | or firearm ammunition
in his or her possession; or
| ||||||
8 | (4) He or she has been a patient in a mental | ||||||
9 | institution within the past 5 years
and has
any firearms or | ||||||
10 | firearm ammunition in his or her possession. For purposes | ||||||
11 | of this paragraph (4): | ||||||
12 | "Mental institution" means any hospital, | ||||||
13 | institution, clinic, evaluation facility, mental | ||||||
14 | health center, or part thereof, which is used primarily | ||||||
15 | for the care or treatment of persons with mental | ||||||
16 | illness. | ||||||
17 | "Patient in a mental institution" means the person | ||||||
18 | was admitted, either voluntarily or involuntarily, to | ||||||
19 | a mental institution for mental health treatment, | ||||||
20 | unless the treatment was voluntary and solely for an | ||||||
21 | alcohol abuse disorder and no other secondary | ||||||
22 | substance abuse disorder or mental illness; or
| ||||||
23 | (5) He or she is a person with an intellectual | ||||||
24 | disability and has
any firearms or firearm ammunition
in | ||||||
25 | his or her possession; or
| ||||||
26 | (6) He or she has in his or her possession any |
| |||||||
| |||||||
1 | explosive bullet.
| ||||||
2 | For purposes of this paragraph "explosive bullet" means the | ||||||
3 | projectile
portion of an ammunition cartridge which contains or | ||||||
4 | carries an explosive
charge which will explode upon contact | ||||||
5 | with the flesh of a human or an animal.
"Cartridge" means a | ||||||
6 | tubular metal case having a projectile affixed at the
front | ||||||
7 | thereof and a cap or primer at the rear end thereof, with the | ||||||
8 | propellant
contained in such tube between the projectile and | ||||||
9 | the cap.
| ||||||
10 | (b) Sentence.
| ||||||
11 | Unlawful possession of firearms, other than handguns, and | ||||||
12 | firearm
ammunition is a Class A misdemeanor. Unlawful | ||||||
13 | possession of firearms handguns is a
Class 4 felony. The | ||||||
14 | possession of each firearm or firearm ammunition in violation | ||||||
15 | of this Section constitutes a single and separate violation.
| ||||||
16 | (c) Nothing in paragraph (1) of subsection (a) of this | ||||||
17 | Section prohibits
a person under 18 years of age from | ||||||
18 | participating in any lawful recreational
activity with a | ||||||
19 | firearm such as, but not limited to, practice shooting at
| ||||||
20 | targets upon established public or private target ranges or | ||||||
21 | hunting, trapping,
or fishing in accordance with the Wildlife | ||||||
22 | Code or the Fish and Aquatic Life
Code.
| ||||||
23 | (Source: P.A. 99-143, eff. 7-27-15.)
|