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| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4166 Introduced , by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED:
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720 ILCS 5/24-1 | from Ch. 38, par. 24-1 |
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Amends the Criminal Code of 2012. Provides that carrying an object containing a non-lethal noxious liquid gas
or substance designed solely for personal defense is exempt from the offense of unlawful use of weapons, regardless of the age of the person carrying it (currently, the exemption is limited to persons 18
years of age or older). Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Criminal Code of 2012 is amended by |
| 5 | | changing Section 24-1 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 |
| 9 | | weapons when
he 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 |
| 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
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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
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| 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
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| 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
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| 18 | | this subsection (a) (4) does not apply to or affect |
| 19 | | transportation of weapons
that meet one of the following |
| 20 | | conditions:
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| 21 | | (i) are broken down in a non-functioning state; or
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| 22 | | (ii) are not immediately accessible; or
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| 23 | | (iii) are unloaded and enclosed in a case, firearm |
| 24 | | carrying box,
shipping box, or other container by a |
| 25 | | person who has been issued a currently
valid Firearm |
| 26 | | Owner's
Identification Card; or |
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| 1 | | (iv) are carried or possessed in accordance with |
| 2 | | the Firearm Concealed Carry Act by a person who has |
| 3 | | been issued a currently valid license under the |
| 4 | | Firearm Concealed Carry Act; or
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| 5 | | (5) Sets a spring gun; or
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| 6 | | (6) Possesses any device or attachment of any kind |
| 7 | | designed, used or
intended for use in silencing the report |
| 8 | | of any firearm; or
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| 9 | | (7) Sells, manufactures, purchases, possesses or |
| 10 | | carries:
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| 11 | | (i) a machine gun, which shall be defined for the |
| 12 | | purposes of this
subsection as any weapon,
which |
| 13 | | shoots, is designed to shoot, or can be readily |
| 14 | | restored to shoot,
automatically more than one shot |
| 15 | | without manually reloading by a single
function of the |
| 16 | | trigger, including the frame or receiver
of any such |
| 17 | | weapon, or sells, manufactures, purchases, possesses, |
| 18 | | or
carries any combination of parts designed or |
| 19 | | intended for
use in converting any weapon into a |
| 20 | | machine gun, or any combination or
parts from which a |
| 21 | | machine gun can be assembled if such parts are in the
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| 22 | | possession or under the control of a person;
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| 23 | | (ii) any rifle having one or
more barrels less |
| 24 | | than 16 inches in length or a shotgun having one or |
| 25 | | more
barrels less than 18 inches in length or any |
| 26 | | weapon made from a rifle or
shotgun, whether by |
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| 1 | | alteration, modification, or otherwise, if such a |
| 2 | | weapon
as modified has an overall length of less than |
| 3 | | 26 inches; or
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| 4 | | (iii) any
bomb, bomb-shell, grenade, bottle or |
| 5 | | other container containing an
explosive substance of |
| 6 | | over one-quarter ounce for like purposes, such
as, but |
| 7 | | not limited to, black powder bombs and Molotov |
| 8 | | cocktails or
artillery projectiles; or
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| 9 | | (8) Carries or possesses any firearm, stun gun or |
| 10 | | taser or other
deadly weapon in any place which is |
| 11 | | licensed to sell intoxicating
beverages, or at any public |
| 12 | | gathering held pursuant to a license issued
by any |
| 13 | | governmental body or any public gathering at which an |
| 14 | | admission
is charged, excluding a place where a showing, |
| 15 | | demonstration or lecture
involving the exhibition of |
| 16 | | unloaded firearms is conducted.
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| 17 | | This subsection (a)(8) does not apply to any auction |
| 18 | | or raffle of a firearm
held pursuant to
a license or permit |
| 19 | | issued by a governmental body, nor does it apply to |
| 20 | | persons
engaged
in firearm safety training courses; or
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| 21 | | (9) Carries or possesses in a vehicle or on or about |
| 22 | | his or her person any
pistol, revolver, stun gun or taser |
| 23 | | or firearm or ballistic knife, when
he or she is hooded, |
| 24 | | robed or masked in such manner as to conceal his or her |
| 25 | | identity; or
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| 26 | | (10) Carries or possesses on or about his or her |
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| 1 | | person, upon any public street,
alley, or other public |
| 2 | | lands within the corporate limits of a city, village,
or |
| 3 | | incorporated town, except when an invitee thereon or |
| 4 | | therein, for the
purpose of the display of such weapon or |
| 5 | | the lawful commerce in weapons, or
except when on his land |
| 6 | | or in his or her own abode, legal dwelling, or fixed place |
| 7 | | of business, or on the land or in the legal dwelling of |
| 8 | | another person as an invitee with that person's |
| 9 | | permission, any
pistol, revolver, stun gun, or taser or |
| 10 | | other firearm, except that this
subsection (a) (10) does |
| 11 | | not apply to or affect transportation of weapons that
meet |
| 12 | | one of the following conditions:
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| 13 | | (i) are broken down in a non-functioning state; or
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| 14 | | (ii) are not immediately accessible; or
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| 15 | | (iii) are unloaded and enclosed in a case, firearm |
| 16 | | carrying box,
shipping box, or other container by a |
| 17 | | person who has been issued a currently
valid Firearm |
| 18 | | Owner's
Identification Card; or
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| 19 | | (iv) are carried or possessed in accordance with |
| 20 | | the Firearm Concealed Carry Act by a person who has |
| 21 | | been issued a currently valid license under the |
| 22 | | Firearm Concealed Carry Act. |
| 23 | | A "stun gun or taser", as used in this paragraph (a) |
| 24 | | means (i) any device
which is powered by electrical |
| 25 | | charging units, such as, batteries, and
which fires one or |
| 26 | | several barbs attached to a length of wire and
which, upon |
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| 1 | | hitting a human, can send out a current capable of |
| 2 | | disrupting
the person's nervous system in such a manner as |
| 3 | | to render him incapable of
normal functioning or (ii) any |
| 4 | | device which is powered by electrical
charging units, such |
| 5 | | as batteries, and which, upon contact with a human or
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| 6 | | clothing worn by a human, can send out current capable of |
| 7 | | disrupting
the person's nervous system in such a manner as |
| 8 | | to render him incapable
of normal functioning; or
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| 9 | | (11) Sells, manufactures, or purchases any explosive |
| 10 | | bullet. For purposes
of this paragraph (a) "explosive |
| 11 | | bullet" means the projectile portion of
an ammunition |
| 12 | | cartridge which contains or carries an explosive charge |
| 13 | | which
will explode upon contact with the flesh of a human |
| 14 | | or an animal.
"Cartridge" means a tubular metal case |
| 15 | | having a projectile affixed at the
front thereof and a cap |
| 16 | | or primer at the rear end thereof, with the
propellant |
| 17 | | contained in such tube between the projectile and the cap; |
| 18 | | or
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| 19 | | (12) (Blank); or
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| 20 | | (13) Carries or possesses on or about his or her |
| 21 | | person while in a building occupied by a unit of |
| 22 | | government, a billy club, other weapon of like character, |
| 23 | | or other instrument of like character intended for use as |
| 24 | | a weapon. For the purposes of this Section, "billy club" |
| 25 | | means a short stick or club commonly carried by police |
| 26 | | officers which is either telescopic or constructed of a |
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| 1 | | solid piece of wood or other man-made material. |
| 2 | | (b) Sentence. A person convicted of a violation of |
| 3 | | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
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| 4 | | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a |
| 5 | | Class A
misdemeanor.
A person convicted of a violation of |
| 6 | | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; |
| 7 | | a person
convicted of a violation of subsection 24-1(a)(6) or |
| 8 | | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person |
| 9 | | convicted of a violation of subsection
24-1(a)(7)(i) commits a |
| 10 | | Class 2 felony and shall be sentenced to a term of imprisonment |
| 11 | | of not less than 3 years and not more than 7 years, unless the |
| 12 | | weapon is possessed in the
passenger compartment of a motor |
| 13 | | vehicle as defined in Section 1-146 of the
Illinois Vehicle |
| 14 | | Code, or on the person, while the weapon is loaded, in which
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| 15 | | case it shall be a Class X felony. A person convicted of a
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| 16 | | second or subsequent violation of subsection 24-1(a)(4), |
| 17 | | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 |
| 18 | | felony. A person convicted of a violation of subsection |
| 19 | | 24-1(a)(2.5) commits a Class 2 felony. The possession of each |
| 20 | | weapon in violation of this Section constitutes a single and |
| 21 | | separate violation.
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| 22 | | (c) Violations in specific places.
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| 23 | | (1) A person who violates subsection 24-1(a)(6) or |
| 24 | | 24-1(a)(7) in any
school, regardless of the time of day or |
| 25 | | the time of year, in residential
property owned, operated |
| 26 | | or managed by a public housing agency or
leased by
a public |
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| 1 | | housing agency as part of a scattered site or mixed-income
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| 2 | | development, in a
public park, in a courthouse, on the |
| 3 | | real property comprising any school,
regardless of the
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| 4 | | time of day or the time of year, on residential property |
| 5 | | owned, operated
or
managed by a public housing agency
or |
| 6 | | leased by a public housing agency as part of a scattered |
| 7 | | site or
mixed-income development,
on the real property |
| 8 | | comprising any
public park, on the real property |
| 9 | | comprising any courthouse, in any conveyance
owned, leased |
| 10 | | or contracted by a school to
transport students to or from |
| 11 | | school or a school related activity, in any conveyance
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| 12 | | owned, leased, or contracted by a public transportation |
| 13 | | agency, or on any
public way within 1,000 feet of the real |
| 14 | | property comprising any school,
public park, courthouse, |
| 15 | | public transportation facility, or 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
commits a Class 2 felony |
| 19 | | and shall be sentenced to a term of imprisonment of not |
| 20 | | less than 3 years and not more than 7 years.
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| 21 | | (1.5) A person who violates subsection 24-1(a)(4), |
| 22 | | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of |
| 23 | | the time of day or the time of year,
in residential |
| 24 | | property owned, operated, or managed by a public
housing
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| 25 | | agency
or leased by a public housing agency as part of a |
| 26 | | scattered site or
mixed-income development,
in
a public
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| 1 | | park, in a courthouse, on the real property comprising any |
| 2 | | school, regardless
of the time of day or the time of year, |
| 3 | | on 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,
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| 6 | | on the real property
comprising any public park, on the |
| 7 | | real property comprising any courthouse, in
any conveyance |
| 8 | | owned, leased, or contracted by a school to transport |
| 9 | | students
to or from school or a school related activity, |
| 10 | | in any conveyance
owned, leased, or contracted by a public |
| 11 | | transportation agency, or on any public way within
1,000 |
| 12 | | feet of the real property comprising any school, public |
| 13 | | park, courthouse,
public transportation facility, or |
| 14 | | residential property owned, operated, or managed by a |
| 15 | | public
housing agency
or leased by a public housing agency |
| 16 | | as part of a scattered site or
mixed-income development
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| 17 | | commits a Class 3 felony.
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| 18 | | (2) A person who violates subsection 24-1(a)(1), |
| 19 | | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the |
| 20 | | time of day or the time of year, in
residential property |
| 21 | | owned, operated or managed by a public housing
agency
or |
| 22 | | leased by a public housing agency as part of a scattered |
| 23 | | site or
mixed-income development,
in
a public park, in a |
| 24 | | courthouse, on the real property comprising any school,
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| 25 | | regardless of the time of day or the time of year, on |
| 26 | | residential property
owned, operated or managed by a |
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| 1 | | public housing agency
or leased by a public housing agency |
| 2 | | as part of a scattered site or
mixed-income development,
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| 3 | | on the real property
comprising any public park, on the |
| 4 | | real property comprising any courthouse, in
any conveyance |
| 5 | | owned, leased or contracted by a school to transport |
| 6 | | students
to or from school or a school related activity, |
| 7 | | in any conveyance
owned, leased, or contracted by a public |
| 8 | | transportation agency, or on any public way within
1,000 |
| 9 | | feet of the real property comprising any school, public |
| 10 | | park, courthouse,
public transportation facility, or |
| 11 | | residential property owned, operated, or managed by a |
| 12 | | public
housing agency or leased by a public housing agency |
| 13 | | as part of a scattered
site or mixed-income development |
| 14 | | commits a Class 4 felony. "Courthouse"
means any building |
| 15 | | that is used by the Circuit, Appellate, or Supreme Court |
| 16 | | of
this State for the conduct of official business.
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| 17 | | (3) Paragraphs (1), (1.5), and (2) of this subsection |
| 18 | | (c) shall not
apply to law
enforcement officers or |
| 19 | | security officers of such school, college, or
university |
| 20 | | or to students carrying or possessing firearms for use in |
| 21 | | training
courses, parades, hunting, target shooting on |
| 22 | | school ranges, or otherwise with
the consent of school |
| 23 | | authorities and which firearms are transported unloaded
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| 24 | | enclosed in a suitable case, box, or transportation |
| 25 | | package.
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| 26 | | (4) For the purposes of this subsection (c), "school" |
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| 1 | | means any public or
private elementary or secondary |
| 2 | | school, community college, college, or
university.
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| 3 | | (5) For the purposes of this subsection (c), "public |
| 4 | | transportation agency" means a public or private agency |
| 5 | | that provides for the transportation or conveyance of
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| 6 | | persons by means available to the general public, except |
| 7 | | for transportation
by automobiles not used for conveyance |
| 8 | | of the general public as passengers; and "public |
| 9 | | transportation facility" means a terminal or other place
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| 10 | | where one may obtain public transportation.
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| 11 | | (d) The presence in an automobile other than a public |
| 12 | | omnibus of any
weapon, instrument or substance referred to in |
| 13 | | subsection (a)(7) is
prima facie evidence that it is in the |
| 14 | | possession of, and is being
carried by, all persons occupying |
| 15 | | such automobile at the time such
weapon, instrument or |
| 16 | | substance is found, except under the following
circumstances: |
| 17 | | (i) if such weapon, instrument or instrumentality is
found |
| 18 | | upon the person of one of the occupants therein; or (ii) if |
| 19 | | such
weapon, instrument or substance is found in an automobile |
| 20 | | operated for
hire by a duly licensed driver in the due, lawful |
| 21 | | and proper pursuit of
his or her trade, then such presumption |
| 22 | | shall not apply to the driver.
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| 23 | | (e) Exemptions. |
| 24 | | (1) Crossbows, Common or Compound bows and Underwater
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| 25 | | Spearguns are exempted from the definition of ballistic |
| 26 | | knife as defined in
paragraph (1) of subsection (a) of |
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| 1 | | this Section. |
| 2 | | (2) The provision of paragraph (1) of subsection (a) |
| 3 | | of this Section prohibiting the sale, manufacture, |
| 4 | | purchase, possession, or carrying of any knife, commonly |
| 5 | | referred to as a switchblade knife, which has a
blade that |
| 6 | | opens automatically by hand pressure applied to a button,
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| 7 | | spring or other device in the handle of the knife, does not |
| 8 | | apply to a person who possesses a currently valid Firearm |
| 9 | | Owner's Identification Card previously issued in his or |
| 10 | | her name by the Department of State Police or to a person |
| 11 | | or an entity engaged in the business of selling or |
| 12 | | manufacturing switchblade knives.
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| 13 | | (Source: P.A. 100-82, eff. 8-11-17; 101-223, eff. 1-1-20.)
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| 14 | | Section 99. Effective date. This Act takes effect upon |
| 15 | | becoming law.
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