| ||||||||||||||||||||||||
| ||||||||||||||||||||||||
| ||||||||||||||||||||||||
| ||||||||||||||||||||||||
| ||||||||||||||||||||||||
| 1 | AN ACT concerning criminal law.
| |||||||||||||||||||||||
| 2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||||
| 3 | represented in the General Assembly:
| |||||||||||||||||||||||
| 4 | Section 5. The Criminal Code of 2012 is amended by | |||||||||||||||||||||||
| 5 | changing Sections 24-1, 24-1.6, and 24-2 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 | |||||||||||||||||||||||
| 9 | weapons 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 | |||||||||||||||||||||||
| 14 | knife, commonly referred to as a switchblade knife, which | |||||||||||||||||||||||
| 15 | has a
blade that opens automatically by hand pressure | |||||||||||||||||||||||
| 16 | applied to a button,
spring or other device in the handle | |||||||||||||||||||||||
| 17 | of the knife, or a ballistic knife,
which is a device that | |||||||||||||||||||||||
| 18 | propels a knifelike blade as a projectile by means
of a | |||||||||||||||||||||||
| 19 | coil 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 | |||||||||||||||||||||||
| |||||||
| |||||||
| 1 | deadly weapon or instrument of like character; or
| ||||||
| 2 | (2.5) Carries or possesses with intent to use the same | ||||||
| 3 | unlawfully against another, any firearm in a church, | ||||||
| 4 | synagogue, mosque, or other building, structure, or place | ||||||
| 5 | used for religious worship; or | ||||||
| 6 | (3) Carries on or about his person or in any vehicle, a | ||||||
| 7 | tear gas gun
projector or bomb or any object containing | ||||||
| 8 | noxious liquid gas or
substance, other than an object | ||||||
| 9 | containing a non-lethal noxious liquid gas
or substance | ||||||
| 10 | designed solely for personal defense carried by a person | ||||||
| 11 | 18
years of age or older; or
| ||||||
| 12 | (4) Carries or possesses in any vehicle or concealed | ||||||
| 13 | on or about his
person except when on his land or in his | ||||||
| 14 | own abode, legal dwelling, or fixed place of
business, or | ||||||
| 15 | on the land or in the legal dwelling of another person as | ||||||
| 16 | an invitee with that person's permission, any pistol, | ||||||
| 17 | revolver, stun gun or taser or other firearm, except
that
| ||||||
| 18 | this subsection (a) (4) does not apply to or affect | ||||||
| 19 | transportation of: | ||||||
| 20 | (A) weapons, other than rifles, shotguns, or other | ||||||
| 21 | long guns that are transported in a vehicle,
that meet | ||||||
| 22 | one of the following conditions:
| ||||||
| 23 | (i) are broken down in a non-functioning | ||||||
| 24 | state; or
| ||||||
| 25 | (ii) are not immediately accessible; or
| ||||||
| 26 | (iii) are unloaded and enclosed in a case, | ||||||
| |||||||
| |||||||
| 1 | firearm carrying box,
shipping box, or other | ||||||
| 2 | container by a person who has been issued a | ||||||
| 3 | currently
valid Firearm Owner's
Identification | ||||||
| 4 | Card; or | ||||||
| 5 | (iv) are carried or possessed in accordance | ||||||
| 6 | with the Firearm Concealed Carry Act by a person | ||||||
| 7 | who has been issued a currently valid license | ||||||
| 8 | under the Firearm Concealed Carry Act; or
| ||||||
| 9 | (B) rifles, shotguns, or other long guns in a | ||||||
| 10 | vehicle by a person who has been issued a currently
| ||||||
| 11 | valid Firearm Owner's
Identification Card if the | ||||||
| 12 | firearms are unloaded; or | ||||||
| 13 | (5) Sets a spring gun; or
| ||||||
| 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
| ||||||
| 17 | (7) Sells, manufactures, purchases, possesses or | ||||||
| 18 | carries:
| ||||||
| 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 | ||||||
| |||||||
| |||||||
| 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
| ||||||
| 4 | possession or under the control of a person;
| ||||||
| 5 | (ii) any rifle having one or
more barrels less | ||||||
| 6 | than 16 inches in length or a shotgun having one or | ||||||
| 7 | more
barrels less than 18 inches in length or any | ||||||
| 8 | weapon made from a rifle or
shotgun, whether by | ||||||
| 9 | alteration, modification, or otherwise, if such a | ||||||
| 10 | weapon
as modified has an overall length of less than | ||||||
| 11 | 26 inches; or
| ||||||
| 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
| ||||||
| 17 | (8) Carries or possesses any firearm, stun gun or | ||||||
| 18 | taser or other
deadly weapon in any place which is | ||||||
| 19 | licensed to sell intoxicating
beverages, or at any public | ||||||
| 20 | gathering held pursuant to a license issued
by any | ||||||
| 21 | governmental body or any public gathering at which an | ||||||
| 22 | admission
is charged, excluding a place where a showing, | ||||||
| 23 | demonstration or lecture
involving the exhibition of | ||||||
| 24 | unloaded firearms is conducted.
| ||||||
| 25 | This subsection (a)(8) does not apply to any auction | ||||||
| 26 | or raffle of a firearm
held pursuant to
a license or permit | ||||||
| |||||||
| |||||||
| 1 | issued by a governmental body, nor does it apply to | ||||||
| 2 | persons
engaged
in firearm safety training courses; or
| ||||||
| 3 | (9) Carries or possesses in a vehicle or on or about | ||||||
| 4 | his or her person any
pistol, revolver, stun gun or taser | ||||||
| 5 | or firearm or ballistic knife, when
he or she is hooded, | ||||||
| 6 | robed or masked in such manner as to conceal his or her | ||||||
| 7 | identity; or
| ||||||
| 8 | (10) Carries or possesses on or about his or her | ||||||
| 9 | person, upon any public street,
alley, or other public | ||||||
| 10 | lands within the corporate limits of a city, village,
or | ||||||
| 11 | incorporated town, except when an invitee thereon or | ||||||
| 12 | therein, for the
purpose of the display of such weapon or | ||||||
| 13 | the lawful commerce in weapons, or
except when on his land | ||||||
| 14 | or in his or her own abode, legal dwelling, or fixed place | ||||||
| 15 | of business, or on the land or in the legal dwelling of | ||||||
| 16 | another person as an invitee with that person's | ||||||
| 17 | permission, any
pistol, revolver, stun gun, or taser or | ||||||
| 18 | other firearm, except that this
subsection (a) (10) does | ||||||
| 19 | not apply to or affect transportation of weapons as | ||||||
| 20 | provided in subsection 24-1(a)(4)(B) or that
meet one of | ||||||
| 21 | the following conditions:
| ||||||
| 22 | (i) are broken down in a non-functioning state; or
| ||||||
| 23 | (ii) are not immediately accessible; or
| ||||||
| 24 | (iii) are unloaded and enclosed in a case, firearm | ||||||
| 25 | carrying box,
shipping box, or other container by a | ||||||
| 26 | person who has been issued a currently
valid Firearm | ||||||
| |||||||
| |||||||
| 1 | Owner's
Identification Card; or
| ||||||
| 2 | (iv) are carried or possessed in accordance with | ||||||
| 3 | the Firearm Concealed Carry Act by a person who has | ||||||
| 4 | been issued a currently valid license under the | ||||||
| 5 | Firearm Concealed Carry Act. | ||||||
| 6 | A "stun gun or taser", as used in this paragraph (a) | ||||||
| 7 | means (i) any device
which is powered by electrical | ||||||
| 8 | charging units, such as, batteries, and
which fires one or | ||||||
| 9 | several barbs attached to a length of wire and
which, upon | ||||||
| 10 | hitting a human, can send out a current capable of | ||||||
| 11 | disrupting
the person's nervous system in such a manner as | ||||||
| 12 | to render him incapable of
normal functioning or (ii) any | ||||||
| 13 | device which is powered by electrical
charging units, such | ||||||
| 14 | as batteries, and which, upon contact with a human or
| ||||||
| 15 | clothing worn by a human, can send out current capable of | ||||||
| 16 | disrupting
the person's nervous system in such a manner as | ||||||
| 17 | to render him incapable
of normal functioning; or
| ||||||
| 18 | (11) Sells, manufactures, or purchases any explosive | ||||||
| 19 | bullet. For purposes
of this paragraph (a) "explosive | ||||||
| 20 | bullet" means the projectile portion of
an ammunition | ||||||
| 21 | cartridge which contains or carries an explosive charge | ||||||
| 22 | which
will explode upon contact with the flesh of a human | ||||||
| 23 | or an animal.
"Cartridge" means a tubular metal case | ||||||
| 24 | having a projectile affixed at the
front thereof and a cap | ||||||
| 25 | or primer at the rear end thereof, with the
propellant | ||||||
| 26 | contained in such tube between the projectile and the cap; | ||||||
| |||||||
| |||||||
| 1 | or
| ||||||
| 2 | (12) (Blank); or
| ||||||
| 3 | (13) Carries or possesses on or about his or her | ||||||
| 4 | person while in a building occupied by a unit of | ||||||
| 5 | government, a billy club, other weapon of like character, | ||||||
| 6 | or other instrument of like character intended for use as | ||||||
| 7 | a weapon. For the purposes of this Section, "billy club" | ||||||
| 8 | means a short stick or club commonly carried by police | ||||||
| 9 | officers which is either telescopic or constructed of a | ||||||
| 10 | solid piece of wood or other man-made material. | ||||||
| 11 | (b) Sentence. A person convicted of a violation of | ||||||
| 12 | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| ||||||
| 13 | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | ||||||
| 14 | Class A
misdemeanor.
A person convicted of a violation of | ||||||
| 15 | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; | ||||||
| 16 | a person
convicted of a violation of subsection 24-1(a)(6) or | ||||||
| 17 | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | ||||||
| 18 | convicted of a violation of subsection
24-1(a)(7)(i) commits a | ||||||
| 19 | Class 2 felony and shall be sentenced to a term of imprisonment | ||||||
| 20 | of not less than 3 years and not more than 7 years, unless the | ||||||
| 21 | weapon is possessed in the
passenger compartment of a motor | ||||||
| 22 | vehicle as defined in Section 1-146 of the
Illinois Vehicle | ||||||
| 23 | Code, or on the person, while the weapon is loaded, in which
| ||||||
| 24 | case it shall be a Class X felony. A person convicted of a
| ||||||
| 25 | second or subsequent violation of subsection 24-1(a)(4), | ||||||
| 26 | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 | ||||||
| |||||||
| |||||||
| 1 | felony. A person convicted of a violation of subsection | ||||||
| 2 | 24-1(a)(2.5) commits a Class 2 felony. The possession of each | ||||||
| 3 | weapon in violation of this Section constitutes a single and | ||||||
| 4 | separate violation.
| ||||||
| 5 | (c) Violations in specific places.
| ||||||
| 6 | (1) A person who violates subsection 24-1(a)(6) or | ||||||
| 7 | 24-1(a)(7) in any
school, regardless of the time of day or | ||||||
| 8 | the time of year, in residential
property owned, operated | ||||||
| 9 | or managed by a public housing agency or
leased by
a public | ||||||
| 10 | housing agency as part of a scattered site or mixed-income
| ||||||
| 11 | development, in a
public park, in a courthouse, on the | ||||||
| 12 | real property comprising any school,
regardless of the
| ||||||
| 13 | time of day or the time of year, on residential property | ||||||
| 14 | owned, operated
or
managed by a public housing agency
or | ||||||
| 15 | leased by a public housing agency as part of a scattered | ||||||
| 16 | site or
mixed-income development,
on the real property | ||||||
| 17 | comprising any
public park, on the real property | ||||||
| 18 | comprising any courthouse, in any conveyance
owned, leased | ||||||
| 19 | or contracted by a school to
transport students to or from | ||||||
| 20 | school or a school related activity, in any conveyance
| ||||||
| 21 | owned, leased, or contracted by a public transportation | ||||||
| 22 | agency, or on any
public way within 1,000 feet of the real | ||||||
| 23 | property comprising any school,
public park, courthouse, | ||||||
| 24 | public transportation facility, or residential property | ||||||
| 25 | owned, operated, or managed
by a public housing agency
or | ||||||
| 26 | leased by a public housing agency as part of a scattered | ||||||
| |||||||
| |||||||
| 1 | site or
mixed-income development
commits a Class 2 felony | ||||||
| 2 | and shall be sentenced to a term of imprisonment of not | ||||||
| 3 | less than 3 years and not more than 7 years.
| ||||||
| 4 | (1.5) A person who violates subsection 24-1(a)(4), | ||||||
| 5 | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of | ||||||
| 6 | the time of day or the time of year,
in residential | ||||||
| 7 | property owned, operated, or managed by a public
housing
| ||||||
| 8 | agency
or leased by a public housing agency as part of a | ||||||
| 9 | scattered site or
mixed-income development,
in
a public
| ||||||
| 10 | park, in a courthouse, on the real property comprising any | ||||||
| 11 | school, regardless
of the time of day or the time of year, | ||||||
| 12 | on residential property owned,
operated, or managed by a | ||||||
| 13 | public housing agency
or leased by a public housing agency | ||||||
| 14 | as part of a scattered site or
mixed-income development,
| ||||||
| 15 | on the real property
comprising any public park, on the | ||||||
| 16 | real property comprising any courthouse, in
any conveyance | ||||||
| 17 | owned, leased, or contracted by a school to transport | ||||||
| 18 | students
to or from school or a school related activity, | ||||||
| 19 | in any conveyance
owned, leased, or contracted by a public | ||||||
| 20 | transportation agency, or on any public way within
1,000 | ||||||
| 21 | feet of the real property comprising any school, public | ||||||
| 22 | park, courthouse,
public transportation facility, or | ||||||
| 23 | residential property owned, operated, or managed by a | ||||||
| 24 | public
housing agency
or leased by a public housing agency | ||||||
| 25 | as part of a scattered site or
mixed-income development
| ||||||
| 26 | commits a Class 3 felony.
| ||||||
| |||||||
| |||||||
| 1 | (2) A person who violates subsection 24-1(a)(1), | ||||||
| 2 | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | ||||||
| 3 | time of day or the time of year, in
residential property | ||||||
| 4 | owned, operated or managed by a public housing
agency
or | ||||||
| 5 | leased by a public housing agency as part of a scattered | ||||||
| 6 | site or
mixed-income development,
in
a public park, in a | ||||||
| 7 | courthouse, on the real property comprising any school,
| ||||||
| 8 | regardless of the time of day or the time of year, on | ||||||
| 9 | residential property
owned, operated or managed by a | ||||||
| 10 | public housing agency
or leased by a public housing agency | ||||||
| 11 | as part of a scattered site or
mixed-income development,
| ||||||
| 12 | on the real property
comprising any public park, on the | ||||||
| 13 | real property comprising any courthouse, in
any conveyance | ||||||
| 14 | owned, leased or contracted by a school to transport | ||||||
| 15 | students
to or from school or a school related activity, | ||||||
| 16 | in any conveyance
owned, leased, or contracted by a public | ||||||
| 17 | transportation agency, or on any public way within
1,000 | ||||||
| 18 | feet of the real property comprising any school, public | ||||||
| 19 | park, courthouse,
public transportation facility, or | ||||||
| 20 | residential property owned, operated, or managed by a | ||||||
| 21 | public
housing agency or leased by a public housing agency | ||||||
| 22 | as part of a scattered
site or mixed-income development | ||||||
| 23 | commits a Class 4 felony. "Courthouse"
means any building | ||||||
| 24 | that is used by the Circuit, Appellate, or Supreme Court | ||||||
| 25 | of
this State for the conduct of official business.
| ||||||
| 26 | (3) Paragraphs (1), (1.5), and (2) of this subsection | ||||||
| |||||||
| |||||||
| 1 | (c) shall not
apply to law
enforcement officers or | ||||||
| 2 | security officers of such school, college, or
university | ||||||
| 3 | or to students carrying or possessing firearms for use in | ||||||
| 4 | training
courses, parades, hunting, target shooting on | ||||||
| 5 | school ranges, or otherwise with
the consent of school | ||||||
| 6 | authorities and which firearms are transported unloaded
| ||||||
| 7 | enclosed in a suitable case, box, or transportation | ||||||
| 8 | package.
| ||||||
| 9 | (4) For the purposes of this subsection (c), "school" | ||||||
| 10 | means any public or
private elementary or secondary | ||||||
| 11 | school, community college, college, or
university.
| ||||||
| 12 | (5) For the purposes of this subsection (c), "public | ||||||
| 13 | transportation agency" means a public or private agency | ||||||
| 14 | that provides for the transportation or conveyance of
| ||||||
| 15 | persons by means available to the general public, except | ||||||
| 16 | for transportation
by automobiles not used for conveyance | ||||||
| 17 | of the general public as passengers; and "public | ||||||
| 18 | transportation facility" means a terminal or other place
| ||||||
| 19 | where one may obtain public transportation.
| ||||||
| 20 | (d) The presence in an automobile other than a public | ||||||
| 21 | omnibus of any
weapon, instrument or substance referred to in | ||||||
| 22 | subsection (a)(7) is
prima facie evidence that it is in the | ||||||
| 23 | possession of, and is being
carried by, all persons occupying | ||||||
| 24 | such automobile at the time such
weapon, instrument or | ||||||
| 25 | substance is found, except under the following
circumstances: | ||||||
| 26 | (i) if such weapon, instrument or instrumentality is
found | ||||||
| |||||||
| |||||||
| 1 | upon the person of one of the occupants therein; or (ii) if | ||||||
| 2 | such
weapon, instrument or substance is found in an automobile | ||||||
| 3 | operated for
hire by a duly licensed driver in the due, lawful | ||||||
| 4 | and proper pursuit of
his or her trade, then such presumption | ||||||
| 5 | shall not apply to the driver.
| ||||||
| 6 | (e) Exemptions. | ||||||
| 7 | (1) Crossbows, Common or Compound bows and Underwater
| ||||||
| 8 | Spearguns are exempted from the definition of ballistic | ||||||
| 9 | knife as defined in
paragraph (1) of subsection (a) of | ||||||
| 10 | this Section. | ||||||
| 11 | (2) The provision of paragraph (1) of subsection (a) | ||||||
| 12 | of this Section prohibiting the sale, manufacture, | ||||||
| 13 | purchase, possession, or carrying of any knife, commonly | ||||||
| 14 | referred to as a switchblade knife, which has a
blade that | ||||||
| 15 | opens automatically by hand pressure applied to a button,
| ||||||
| 16 | spring or other device in the handle of the knife, does not | ||||||
| 17 | apply to a person who possesses a currently valid Firearm | ||||||
| 18 | Owner's Identification Card previously issued in his or | ||||||
| 19 | her name by the Department of State Police or to a person | ||||||
| 20 | or an entity engaged in the business of selling or | ||||||
| 21 | manufacturing switchblade knives.
| ||||||
| 22 | (Source: P.A. 100-82, eff. 8-11-17; 101-223, eff. 1-1-20.)
| ||||||
| 23 | (720 ILCS 5/24-1.6) | ||||||
| 24 | Sec. 24-1.6. Aggravated unlawful use of a weapon. | ||||||
| 25 | (a) A person commits the offense of aggravated unlawful | ||||||
| |||||||
| |||||||
| 1 | use of a weapon when
he or she knowingly: | ||||||
| 2 | (1) Carries on or about his or her person or in any | ||||||
| 3 | vehicle or concealed
on or about his or her person except | ||||||
| 4 | when on his or her land or in his or her
abode, legal | ||||||
| 5 | dwelling, or fixed place of business, or on the land or in | ||||||
| 6 | the legal dwelling of another person as an invitee with | ||||||
| 7 | that person's permission, any pistol, revolver, stun gun | ||||||
| 8 | or taser or
other firearm; or | ||||||
| 9 | (2) Carries or possesses on or about his or her | ||||||
| 10 | person, upon any public
street, alley, or other public | ||||||
| 11 | lands within the corporate limits of a city,
village or | ||||||
| 12 | incorporated town, except when an invitee thereon or | ||||||
| 13 | therein, for
the purpose of the display of such weapon or | ||||||
| 14 | the lawful commerce in weapons, or
except when on his or | ||||||
| 15 | her own land or in his or her own abode, legal dwelling, or | ||||||
| 16 | fixed place of
business, or on the land or in the legal | ||||||
| 17 | dwelling of another person as an invitee with that | ||||||
| 18 | person's permission, any pistol, revolver, stun gun or | ||||||
| 19 | taser or other firearm; and | ||||||
| 20 | (3) One of the following factors is present: | ||||||
| 21 | (A) the firearm, other than a pistol, revolver, or | ||||||
| 22 | handgun, possessed was uncased, loaded, and | ||||||
| 23 | immediately accessible
at the time of the offense; or | ||||||
| 24 | (A-5) the pistol, revolver, or handgun possessed | ||||||
| 25 | was uncased, loaded, and immediately accessible
at the | ||||||
| 26 | time of the offense and the person possessing the | ||||||
| |||||||
| |||||||
| 1 | pistol, revolver, or handgun has not been issued a | ||||||
| 2 | currently valid license under the Firearm Concealed | ||||||
| 3 | Carry Act; or | ||||||
| 4 | (B) the firearm, other than a pistol, revolver, or | ||||||
| 5 | handgun, possessed was uncased, unloaded, and the | ||||||
| 6 | ammunition for
the weapon was immediately accessible | ||||||
| 7 | at the time of the offense; or | ||||||
| 8 | (B-5) the pistol, revolver, or handgun possessed | ||||||
| 9 | was uncased, unloaded, and the ammunition for
the | ||||||
| 10 | weapon was immediately accessible at the time of the | ||||||
| 11 | offense and the person possessing the pistol, | ||||||
| 12 | revolver, or handgun has not been issued a currently | ||||||
| 13 | valid license under the Firearm Concealed Carry Act; | ||||||
| 14 | or | ||||||
| 15 | (C) the person possessing the firearm has not been | ||||||
| 16 | issued a currently
valid Firearm Owner's | ||||||
| 17 | Identification Card; or | ||||||
| 18 | (D) the person possessing the weapon was | ||||||
| 19 | previously adjudicated
a delinquent minor under the | ||||||
| 20 | Juvenile Court Act of 1987 for an act that if
committed | ||||||
| 21 | by an adult would be a felony; or | ||||||
| 22 | (E) the person possessing the weapon was engaged | ||||||
| 23 | in a misdemeanor
violation of the Cannabis
Control | ||||||
| 24 | Act, in a misdemeanor violation of the Illinois | ||||||
| 25 | Controlled Substances
Act, or in a misdemeanor | ||||||
| 26 | violation of the Methamphetamine Control and Community | ||||||
| |||||||
| |||||||
| 1 | Protection Act; or | ||||||
| 2 | (F) (blank); or | ||||||
| 3 | (G) the person possessing the weapon had an order | ||||||
| 4 | of protection issued
against him or her within the | ||||||
| 5 | previous 2 years; or | ||||||
| 6 | (H) the person possessing the weapon was engaged | ||||||
| 7 | in the commission or
attempted commission of
a | ||||||
| 8 | misdemeanor involving the use or threat of violence | ||||||
| 9 | against
the person or property of another; or | ||||||
| 10 | (I) the person possessing the weapon was under 21 | ||||||
| 11 | years of age and in
possession of a handgun, unless the | ||||||
| 12 | person under 21
is engaged in lawful activities under | ||||||
| 13 | the Wildlife Code or described in
subsection | ||||||
| 14 | 24-2(b)(1), (b)(3), or 24-2(f). | ||||||
| 15 | (a-5) "Handgun" as used in this Section has the meaning | ||||||
| 16 | given to it in Section 5 of the Firearm Concealed Carry Act. | ||||||
| 17 | (b) "Stun gun or taser" as used in this Section has the | ||||||
| 18 | same definition
given to it in Section 24-1 of this Code. | ||||||
| 19 | (c) This Section does not apply to or affect the | ||||||
| 20 | transportation or
possession
of weapons as provided in | ||||||
| 21 | subsection 24-1(a)(4)(B) or that: | ||||||
| 22 | (i) are broken down in a non-functioning state; or | ||||||
| 23 | (ii) are not immediately accessible; or | ||||||
| 24 | (iii) are unloaded and enclosed in a case, firearm | ||||||
| 25 | carrying box,
shipping box, or other container by a person | ||||||
| 26 | who has been issued a currently
valid Firearm Owner's
| ||||||
| |||||||
| |||||||
| 1 | Identification Card. | ||||||
| 2 | (d) Sentence. | ||||||
| 3 | (1) Aggravated unlawful use of a weapon is a Class 4 | ||||||
| 4 | felony;
a second or subsequent offense is a Class 2 felony | ||||||
| 5 | for which the person shall be sentenced to a term of | ||||||
| 6 | imprisonment of not less than 3 years and not more than 7 | ||||||
| 7 | years, except as provided for in Section 5-4.5-110 of the | ||||||
| 8 | Unified Code of Corrections. | ||||||
| 9 | (2) Except as otherwise provided in paragraphs (3) and | ||||||
| 10 | (4) of this subsection (d), a first offense of aggravated | ||||||
| 11 | unlawful use of a weapon committed with a firearm by a | ||||||
| 12 | person 18 years of age or older where the factors listed in | ||||||
| 13 | both items (A) and (C) or both items (A-5) and (C) of | ||||||
| 14 | paragraph (3) of subsection (a) are present is a Class 4 | ||||||
| 15 | felony, for which the person shall be sentenced to a term | ||||||
| 16 | of imprisonment of not less than one year and not more than | ||||||
| 17 | 3 years. | ||||||
| 18 | (3) Aggravated unlawful use of
a weapon by a person | ||||||
| 19 | who has been previously
convicted of a felony in this | ||||||
| 20 | State or another jurisdiction is a Class 2
felony for | ||||||
| 21 | which the person shall be sentenced to a term of | ||||||
| 22 | imprisonment of not less than 3 years and not more than 7 | ||||||
| 23 | years, except as provided for in Section 5-4.5-110 of the | ||||||
| 24 | Unified Code of Corrections. | ||||||
| 25 | (4) Aggravated unlawful use of a weapon while wearing | ||||||
| 26 | or in possession of body armor as defined in Section 33F-1 | ||||||
| |||||||
| |||||||
| 1 | by a person who has not been issued a valid Firearms | ||||||
| 2 | Owner's Identification Card in accordance with Section 5 | ||||||
| 3 | of the Firearm Owners Identification Card Act is a Class X | ||||||
| 4 | felony.
| ||||||
| 5 | (e) The possession of each firearm in violation of this | ||||||
| 6 | Section constitutes a single and separate violation. | ||||||
| 7 | (Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)
| ||||||
| 8 | (720 ILCS 5/24-2)
| ||||||
| 9 | Sec. 24-2. Exemptions.
| ||||||
| 10 | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | ||||||
| 11 | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | ||||||
| 12 | the following:
| ||||||
| 13 | (1) Peace officers, and any person summoned by a peace | ||||||
| 14 | officer to
assist in making arrests or preserving the | ||||||
| 15 | peace, while actually engaged in
assisting such officer.
| ||||||
| 16 | (2) Wardens, superintendents and keepers of prisons,
| ||||||
| 17 | penitentiaries, jails and other institutions for the | ||||||
| 18 | detention of persons
accused or convicted of an offense, | ||||||
| 19 | while in the performance of their
official duty, or while | ||||||
| 20 | commuting between their homes and places of employment.
| ||||||
| 21 | (3) Members of the Armed Services or Reserve Forces of | ||||||
| 22 | the United States
or the Illinois National Guard or the | ||||||
| 23 | Reserve Officers Training Corps,
while in the performance | ||||||
| 24 | of their official duty.
| ||||||
| 25 | (4) Special agents employed by a railroad or a public | ||||||
| |||||||
| |||||||
| 1 | utility to
perform police functions, and guards of armored | ||||||
| 2 | car companies, while
actually engaged in the performance | ||||||
| 3 | of the duties of their employment or
commuting between | ||||||
| 4 | their homes and places of employment; and watchmen
while | ||||||
| 5 | actually engaged in the performance of the duties of their | ||||||
| 6 | employment.
| ||||||
| 7 | (5) Persons licensed as private security contractors, | ||||||
| 8 | private
detectives, or private alarm contractors, or | ||||||
| 9 | employed by a private security contractor, private | ||||||
| 10 | detective, or private alarm contractor agency licensed
by | ||||||
| 11 | the Department of Financial and Professional Regulation, | ||||||
| 12 | if their duties
include the carrying of a weapon under the | ||||||
| 13 | provisions of the Private
Detective, Private Alarm,
| ||||||
| 14 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
| 15 | 2004,
while actually
engaged in the performance of the | ||||||
| 16 | duties of their employment or commuting
between their | ||||||
| 17 | homes and places of employment. A person shall be | ||||||
| 18 | considered eligible for this
exemption if he or she has | ||||||
| 19 | completed the required 20
hours of training for a private | ||||||
| 20 | security contractor, private
detective, or private alarm | ||||||
| 21 | contractor, or employee of a licensed private security | ||||||
| 22 | contractor, private detective, or private alarm contractor | ||||||
| 23 | agency and 20 hours of required firearm
training, and has | ||||||
| 24 | been issued a firearm control card by
the Department of | ||||||
| 25 | Financial and Professional Regulation. Conditions for the | ||||||
| 26 | renewal of
firearm control cards issued under the | ||||||
| |||||||
| |||||||
| 1 | provisions of this Section
shall be the same as for those | ||||||
| 2 | cards issued under the provisions of the
Private | ||||||
| 3 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
| 4 | Vendor, and Locksmith Act of 2004. The
firearm control | ||||||
| 5 | card shall be carried by the private security contractor, | ||||||
| 6 | private
detective, or private alarm contractor, or | ||||||
| 7 | employee of the licensed private security contractor, | ||||||
| 8 | private detective, or private alarm contractor agency at | ||||||
| 9 | all
times when he or she is in possession of a concealable | ||||||
| 10 | weapon permitted by his or her firearm control card.
| ||||||
| 11 | (6) Any person regularly employed in a commercial or | ||||||
| 12 | industrial
operation as a security guard for the | ||||||
| 13 | protection of persons employed
and private property | ||||||
| 14 | related to such commercial or industrial
operation, while | ||||||
| 15 | actually engaged in the performance of his or her
duty or | ||||||
| 16 | traveling between sites or properties belonging to the
| ||||||
| 17 | employer, and who, as a security guard, is a member of a | ||||||
| 18 | security force registered with the Department of Financial | ||||||
| 19 | and Professional
Regulation; provided that such security | ||||||
| 20 | guard has successfully completed a
course of study, | ||||||
| 21 | approved by and supervised by the Department of
Financial | ||||||
| 22 | and Professional Regulation, consisting of not less than | ||||||
| 23 | 40 hours of training
that includes the theory of law | ||||||
| 24 | enforcement, liability for acts, and the
handling of | ||||||
| 25 | weapons. A person shall be considered eligible for this
| ||||||
| 26 | exemption if he or she has completed the required 20
hours | ||||||
| |||||||
| |||||||
| 1 | of training for a security officer and 20 hours of | ||||||
| 2 | required firearm
training, and has been issued a firearm | ||||||
| 3 | control card by
the Department of Financial and | ||||||
| 4 | Professional Regulation. Conditions for the renewal of
| ||||||
| 5 | firearm control cards issued under the provisions of this | ||||||
| 6 | Section
shall be the same as for those cards issued under | ||||||
| 7 | the provisions of the
Private Detective, Private Alarm,
| ||||||
| 8 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
| 9 | 2004. The
firearm control card shall be carried by the | ||||||
| 10 | security guard at all
times when he or she is in possession | ||||||
| 11 | of a concealable weapon permitted by his or her firearm | ||||||
| 12 | control card.
| ||||||
| 13 | (7) Agents and investigators of the Illinois | ||||||
| 14 | Legislative Investigating
Commission authorized by the | ||||||
| 15 | Commission to carry the weapons specified in
subsections | ||||||
| 16 | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| ||||||
| 17 | any investigation for the Commission.
| ||||||
| 18 | (8) Persons employed by a financial institution as a | ||||||
| 19 | security guard for the protection of
other employees and | ||||||
| 20 | property related to such financial institution, while
| ||||||
| 21 | actually engaged in the performance of their duties, | ||||||
| 22 | commuting between
their homes and places of employment, or | ||||||
| 23 | traveling between sites or
properties owned or operated by | ||||||
| 24 | such financial institution, and who, as a security guard, | ||||||
| 25 | is a member of a security force registered with the | ||||||
| 26 | Department; provided that
any person so employed has | ||||||
| |||||||
| |||||||
| 1 | successfully completed a course of study,
approved by and | ||||||
| 2 | supervised by the Department of Financial and Professional | ||||||
| 3 | Regulation,
consisting of not less than 40 hours of | ||||||
| 4 | training which includes theory of
law enforcement, | ||||||
| 5 | liability for acts, and the handling of weapons.
A person | ||||||
| 6 | shall be considered to be eligible for this exemption if | ||||||
| 7 | he or
she has completed the required 20 hours of training | ||||||
| 8 | for a security officer
and 20 hours of required firearm | ||||||
| 9 | training, and has been issued a
firearm control card by | ||||||
| 10 | the Department of Financial and Professional Regulation.
| ||||||
| 11 | Conditions for renewal of firearm control cards issued | ||||||
| 12 | under the
provisions of this Section shall be the same as | ||||||
| 13 | for those issued under the
provisions of the Private | ||||||
| 14 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
| 15 | Vendor, and Locksmith Act of 2004. The
firearm control | ||||||
| 16 | card shall be carried by the security guard at all times | ||||||
| 17 | when he or she is in possession of a concealable
weapon | ||||||
| 18 | permitted by his or her firearm control card. For purposes | ||||||
| 19 | of this subsection, "financial institution" means a
bank, | ||||||
| 20 | savings and loan association, credit union or company | ||||||
| 21 | providing
armored car services.
| ||||||
| 22 | (9) Any person employed by an armored car company to | ||||||
| 23 | drive an armored
car, while actually engaged in the | ||||||
| 24 | performance of his duties.
| ||||||
| 25 | (10) Persons who have been classified as peace | ||||||
| 26 | officers pursuant
to the Peace Officer Fire Investigation | ||||||
| |||||||
| |||||||
| 1 | Act.
| ||||||
| 2 | (11) Investigators of the Office of the State's | ||||||
| 3 | Attorneys Appellate
Prosecutor authorized by the board of | ||||||
| 4 | governors of the Office of the
State's Attorneys Appellate | ||||||
| 5 | Prosecutor to carry weapons pursuant to
Section 7.06 of | ||||||
| 6 | the State's Attorneys Appellate Prosecutor's Act.
| ||||||
| 7 | (12) Special investigators appointed by a State's | ||||||
| 8 | Attorney under
Section 3-9005 of the Counties Code.
| ||||||
| 9 | (12.5) Probation officers while in the performance of | ||||||
| 10 | their duties, or
while commuting between their homes, | ||||||
| 11 | places of employment or specific locations
that are part | ||||||
| 12 | of their assigned duties, with the consent of the chief | ||||||
| 13 | judge of
the circuit for which they are employed, if they | ||||||
| 14 | have received weapons training according
to requirements | ||||||
| 15 | of the Peace Officer and Probation Officer Firearm | ||||||
| 16 | Training Act.
| ||||||
| 17 | (13) Court Security Officers while in the performance | ||||||
| 18 | of their official
duties, or while commuting between their | ||||||
| 19 | homes and places of employment, with
the
consent of the | ||||||
| 20 | Sheriff.
| ||||||
| 21 | (13.5) A person employed as an armed security guard at | ||||||
| 22 | a nuclear energy,
storage, weapons or development site or | ||||||
| 23 | facility regulated by the Nuclear
Regulatory Commission | ||||||
| 24 | who has completed the background screening and training
| ||||||
| 25 | mandated by the rules and regulations of the Nuclear | ||||||
| 26 | Regulatory Commission.
| ||||||
| |||||||
| |||||||
| 1 | (14) Manufacture, transportation, or sale of weapons | ||||||
| 2 | to
persons
authorized under subdivisions (1) through | ||||||
| 3 | (13.5) of this
subsection
to
possess those weapons.
| ||||||
| 4 | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
| 5 | to
or affect any person carrying a concealed pistol, revolver, | ||||||
| 6 | or handgun and the person has been issued a currently valid | ||||||
| 7 | license under the Firearm Concealed Carry Act at the time of | ||||||
| 8 | the commission of the offense. | ||||||
| 9 | (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
| 10 | to
or affect a qualified current or retired law enforcement | ||||||
| 11 | officer qualified under the laws of this State or under the | ||||||
| 12 | federal Law Enforcement Officers Safety Act. | ||||||
| 13 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
| 14 | 24-1.6 do not
apply to or affect
any of the following:
| ||||||
| 15 | (1) Members of any club or organization organized for | ||||||
| 16 | the purpose of
practicing shooting at targets upon | ||||||
| 17 | established target ranges, whether
public or private, and | ||||||
| 18 | patrons of such ranges, while such members
or patrons are | ||||||
| 19 | using their firearms on those target ranges.
| ||||||
| 20 | (2) Duly authorized military or civil organizations | ||||||
| 21 | while parading,
with the special permission of the | ||||||
| 22 | Governor.
| ||||||
| 23 | (3) Hunters, trappers or fishermen with a license or
| ||||||
| 24 | permit while engaged in hunting,
trapping or fishing.
| ||||||
| 25 | (4) Transportation of weapons that are broken down in | ||||||
| 26 | a
non-functioning state or are not immediately accessible.
| ||||||
| |||||||
| |||||||
| 1 | (5) Carrying or possessing any pistol, revolver, stun | ||||||
| 2 | gun or taser or other firearm on the land or in the legal | ||||||
| 3 | dwelling of another person as an invitee with that | ||||||
| 4 | person's permission. | ||||||
| 5 | (c) Subsection 24-1(a)(7) does not apply to or affect any | ||||||
| 6 | of the
following:
| ||||||
| 7 | (1) Peace officers while in performance of their | ||||||
| 8 | official duties.
| ||||||
| 9 | (2) Wardens, superintendents and keepers of prisons, | ||||||
| 10 | penitentiaries,
jails and other institutions for the | ||||||
| 11 | detention of persons accused or
convicted of an offense.
| ||||||
| 12 | (3) Members of the Armed Services or Reserve Forces of | ||||||
| 13 | the United States
or the Illinois National Guard, while in | ||||||
| 14 | the performance of their official
duty.
| ||||||
| 15 | (4) Manufacture, transportation, or sale of machine | ||||||
| 16 | guns to persons
authorized under subdivisions (1) through | ||||||
| 17 | (3) of this subsection to
possess machine guns, if the | ||||||
| 18 | machine guns are broken down in a
non-functioning state or | ||||||
| 19 | are not immediately accessible.
| ||||||
| 20 | (5) Persons licensed under federal law to manufacture | ||||||
| 21 | any weapon from
which 8 or more shots or bullets can be | ||||||
| 22 | discharged by a
single function of the firing device, or | ||||||
| 23 | ammunition for such weapons, and
actually engaged in the | ||||||
| 24 | business of manufacturing such weapons or
ammunition, but | ||||||
| 25 | only with respect to activities which are within the | ||||||
| 26 | lawful
scope of such business, such as the manufacture, | ||||||
| |||||||
| |||||||
| 1 | transportation, or testing
of such weapons or ammunition. | ||||||
| 2 | This exemption does not authorize the
general private | ||||||
| 3 | possession of any weapon from which 8 or more
shots or | ||||||
| 4 | bullets can be discharged by a single function of the | ||||||
| 5 | firing
device, but only such possession and activities as | ||||||
| 6 | are within the lawful
scope of a licensed manufacturing | ||||||
| 7 | business described in this paragraph.
| ||||||
| 8 | During transportation, such weapons shall be broken | ||||||
| 9 | down in a
non-functioning state or not immediately | ||||||
| 10 | accessible.
| ||||||
| 11 | (6) The manufacture, transport, testing, delivery, | ||||||
| 12 | transfer or sale,
and all lawful commercial or | ||||||
| 13 | experimental activities necessary thereto, of
rifles, | ||||||
| 14 | shotguns, and weapons made from rifles or shotguns,
or | ||||||
| 15 | ammunition for such rifles, shotguns or weapons, where | ||||||
| 16 | engaged in
by a person operating as a contractor or | ||||||
| 17 | subcontractor pursuant to a
contract or subcontract for | ||||||
| 18 | the development and supply of such rifles,
shotguns, | ||||||
| 19 | weapons or ammunition to the United States government or | ||||||
| 20 | any
branch of the Armed Forces of the United States, when | ||||||
| 21 | such activities are
necessary and incident to fulfilling | ||||||
| 22 | the terms of such contract.
| ||||||
| 23 | The exemption granted under this subdivision (c)(6)
| ||||||
| 24 | shall also apply to any authorized agent of any such | ||||||
| 25 | contractor or
subcontractor who is operating within the | ||||||
| 26 | scope of his employment, where
such activities involving | ||||||
| |||||||
| |||||||
| 1 | such weapon, weapons or ammunition are necessary
and | ||||||
| 2 | incident to fulfilling the terms of such contract.
| ||||||
| 3 | (7) A person possessing a rifle with a barrel or | ||||||
| 4 | barrels less than 16 inches in length if: (A) the person | ||||||
| 5 | has been issued a Curios and Relics license from the U.S. | ||||||
| 6 | Bureau of Alcohol, Tobacco, Firearms and Explosives; or | ||||||
| 7 | (B) the person is an active member of a bona fide, | ||||||
| 8 | nationally recognized military re-enacting group and the | ||||||
| 9 | modification is required and necessary to accurately | ||||||
| 10 | portray the weapon for historical re-enactment purposes; | ||||||
| 11 | the re-enactor is in possession of a valid and current | ||||||
| 12 | re-enacting group membership credential; and the overall | ||||||
| 13 | length of the weapon as modified is not less than 26 | ||||||
| 14 | inches. | ||||||
| 15 | (d) Subsection 24-1(a)(1) does not apply to the purchase, | ||||||
| 16 | possession
or carrying of a black-jack or slung-shot by a | ||||||
| 17 | peace officer.
| ||||||
| 18 | (e) Subsection 24-1(a)(8) does not apply to any owner, | ||||||
| 19 | manager or
authorized employee of any place specified in that | ||||||
| 20 | subsection nor to any
law enforcement officer.
| ||||||
| 21 | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | ||||||
| 22 | Section 24-1.6
do not apply
to members of any club or | ||||||
| 23 | organization organized for the purpose of practicing
shooting | ||||||
| 24 | at targets upon established target ranges, whether public or | ||||||
| 25 | private,
while using their firearms on those target ranges.
| ||||||
| 26 | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | ||||||
| |||||||
| |||||||
| 1 | to:
| ||||||
| 2 | (1) Members of the Armed Services or Reserve Forces of | ||||||
| 3 | the United
States or the Illinois National Guard, while in | ||||||
| 4 | the performance of their
official duty.
| ||||||
| 5 | (2) Bonafide collectors of antique or surplus military | ||||||
| 6 | ordnance.
| ||||||
| 7 | (3) Laboratories having a department of forensic | ||||||
| 8 | ballistics, or
specializing in the development of | ||||||
| 9 | ammunition or explosive ordnance.
| ||||||
| 10 | (4) Commerce, preparation, assembly or possession of | ||||||
| 11 | explosive
bullets by manufacturers of ammunition licensed | ||||||
| 12 | by the federal government,
in connection with the supply | ||||||
| 13 | of those organizations and persons exempted
by subdivision | ||||||
| 14 | (g)(1) of this Section, or like organizations and persons
| ||||||
| 15 | outside this State, or the transportation of explosive | ||||||
| 16 | bullets to any
organization or person exempted in this | ||||||
| 17 | Section by a common carrier or by a
vehicle owned or leased | ||||||
| 18 | by an exempted manufacturer.
| ||||||
| 19 | (g-5) Subsection 24-1(a)(6) does not apply to or affect | ||||||
| 20 | persons licensed
under federal law to manufacture any device | ||||||
| 21 | or attachment of any kind designed,
used, or intended for use | ||||||
| 22 | in silencing the report of any firearm, firearms, or
| ||||||
| 23 | ammunition
for those firearms equipped with those devices, and | ||||||
| 24 | actually engaged in the
business of manufacturing those | ||||||
| 25 | devices, firearms, or ammunition, but only with
respect to
| ||||||
| 26 | activities that are within the lawful scope of that business, | ||||||
| |||||||
| |||||||
| 1 | such as the
manufacture, transportation, or testing of those | ||||||
| 2 | devices, firearms, or
ammunition. This
exemption does not | ||||||
| 3 | authorize the general private possession of any device or
| ||||||
| 4 | attachment of any kind designed, used, or intended for use in | ||||||
| 5 | silencing the
report of any firearm, but only such possession | ||||||
| 6 | and activities as are within
the
lawful scope of a licensed | ||||||
| 7 | manufacturing business described in this subsection
(g-5). | ||||||
| 8 | During transportation, these devices shall be detached from | ||||||
| 9 | any weapon
or
not immediately accessible.
| ||||||
| 10 | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| ||||||
| 11 | 24-1.6 do not apply to
or affect any parole agent or parole | ||||||
| 12 | supervisor who meets the qualifications and conditions | ||||||
| 13 | prescribed in Section 3-14-1.5 of the Unified Code of | ||||||
| 14 | Corrections. | ||||||
| 15 | (g-7) Subsection 24-1(a)(6) does not apply to a peace | ||||||
| 16 | officer while serving as a member of a tactical response team | ||||||
| 17 | or special operations team. A peace officer may not personally | ||||||
| 18 | own or apply for ownership of a device or attachment of any | ||||||
| 19 | kind designed, used, or intended for use in silencing the | ||||||
| 20 | report of any firearm. These devices shall be owned and | ||||||
| 21 | maintained by lawfully recognized units of government whose | ||||||
| 22 | duties include the investigation of criminal acts. | ||||||
| 23 | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and | ||||||
| 24 | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | ||||||
| 25 | athlete's possession, transport on official Olympic and | ||||||
| 26 | Paralympic transit systems established for athletes, or use of | ||||||
| |||||||
| |||||||
| 1 | competition firearms sanctioned by the International Olympic | ||||||
| 2 | Committee, the International Paralympic Committee, the | ||||||
| 3 | International Shooting Sport Federation, or USA Shooting in | ||||||
| 4 | connection with such athlete's training for and participation | ||||||
| 5 | in shooting competitions at the 2016 Olympic and Paralympic | ||||||
| 6 | Games and sanctioned test events leading up to the 2016 | ||||||
| 7 | Olympic and Paralympic Games. | ||||||
| 8 | (h) An information or indictment based upon a violation of | ||||||
| 9 | any
subsection of this Article need not negative any | ||||||
| 10 | exemptions contained in
this Article. The defendant shall have | ||||||
| 11 | the burden of proving such an
exemption.
| ||||||
| 12 | (i) Nothing in this Article shall prohibit, apply to, or | ||||||
| 13 | affect
the transportation, carrying, or possession, of any | ||||||
| 14 | pistol or revolver,
stun gun, taser, or other firearm | ||||||
| 15 | consigned to a common carrier operating
under license of the | ||||||
| 16 | State of Illinois or the federal government, where
such | ||||||
| 17 | transportation, carrying, or possession is incident to the | ||||||
| 18 | lawful
transportation in which such common carrier is engaged; | ||||||
| 19 | and nothing in this
Article shall prohibit, apply to, or | ||||||
| 20 | affect the transportation, carrying,
or possession of any | ||||||
| 21 | pistol, revolver, stun gun, taser, or other firearm,
not the | ||||||
| 22 | subject of and regulated by subsection 24-1(a)(7) or | ||||||
| 23 | subsection
24-2(c) of this Article, which is unloaded and | ||||||
| 24 | enclosed in a case, firearm
carrying box, shipping box, or | ||||||
| 25 | other container, by the possessor of a valid
Firearm Owners | ||||||
| 26 | Identification Card; and nothing in this
Article shall | ||||||
| |||||||
| |||||||
| 1 | prohibit, apply to, or affect the transportation of any rifle, | ||||||
| 2 | shotgun, or other long gun in a vehicle by a person who has | ||||||
| 3 | been issued a currently
valid Firearm Owner's
Identification | ||||||
| 4 | Card if the firearm is unloaded.
| ||||||
| 5 | (Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.)
| ||||||