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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 Sections 24-1, 24-1.1, 24-1.6, 24-1.7, 24-2.1, and | |||||||||||||||||||||||||||||
6 | 24-3.6 as follows:
| |||||||||||||||||||||||||||||
7 | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
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8 | Sec. 24-1. Unlawful possession use of weapons.
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9 | (a) A person commits the offense of unlawful possession | |||||||||||||||||||||||||||||
10 | use of weapons when
he knowingly:
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11 | (1) Sells, manufactures, purchases, possesses or | |||||||||||||||||||||||||||||
12 | carries any bludgeon,
black-jack, slung-shot, sand-club, | |||||||||||||||||||||||||||||
13 | sand-bag, metal knuckles or other knuckle weapon | |||||||||||||||||||||||||||||
14 | regardless of its composition, throwing star,
or any | |||||||||||||||||||||||||||||
15 | knife, commonly referred to as a switchblade knife, which | |||||||||||||||||||||||||||||
16 | has a
blade that opens automatically by hand pressure | |||||||||||||||||||||||||||||
17 | applied to a button,
spring or other device in the handle | |||||||||||||||||||||||||||||
18 | of the knife, or a ballistic knife,
which is a device that | |||||||||||||||||||||||||||||
19 | propels a knifelike blade as a projectile by means
of a | |||||||||||||||||||||||||||||
20 | coil spring, elastic material or compressed gas; or
| |||||||||||||||||||||||||||||
21 | (2) Carries or possesses with intent to use the same | |||||||||||||||||||||||||||||
22 | unlawfully
against another, a dagger, dirk, billy, | |||||||||||||||||||||||||||||
23 | dangerous knife, razor,
stiletto, broken bottle or other |
| |||||||
| |||||||
1 | piece of glass, stun gun or taser or
any other dangerous or | ||||||
2 | deadly weapon or instrument of like character; or
| ||||||
3 | (2.5) Carries or possesses with intent to use the same | ||||||
4 | unlawfully against another, any firearm in a church, | ||||||
5 | synagogue, mosque, or other building, structure, or place | ||||||
6 | used for religious worship; or | ||||||
7 | (3) Carries on or about his person or in any vehicle, a | ||||||
8 | tear gas gun
projector or bomb or any object containing | ||||||
9 | noxious liquid gas or
substance, other than an object | ||||||
10 | containing a non-lethal noxious liquid gas
or substance | ||||||
11 | designed solely for personal defense carried by a person | ||||||
12 | 18
years of age or older; or
| ||||||
13 | (4) Carries or possesses in any vehicle or concealed | ||||||
14 | on or about his
person except when on his land or in his | ||||||
15 | own abode, legal dwelling, or fixed place of
business, or | ||||||
16 | on the land or in the legal dwelling of another person as | ||||||
17 | an invitee with that person's permission, any pistol, | ||||||
18 | revolver, stun gun or taser or other firearm, except
that
| ||||||
19 | this subsection (a) (4) does not apply to or affect | ||||||
20 | transportation of weapons
that meet one of the following | ||||||
21 | 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; or
| ||||||
6 | (5) Sets a spring gun; or
| ||||||
7 | (6) Possesses any device or attachment of any kind | ||||||
8 | designed, used or
intended for use in silencing the report | ||||||
9 | of any firearm; or
| ||||||
10 | (7) Sells, manufactures, purchases, possesses or | ||||||
11 | carries:
| ||||||
12 | (i) a machine gun, which shall be defined for the | ||||||
13 | purposes of this
subsection as any weapon,
which | ||||||
14 | shoots, is designed to shoot, or can be readily | ||||||
15 | restored to shoot,
automatically more than one shot | ||||||
16 | without manually reloading by a single
function of the | ||||||
17 | trigger, including the frame or receiver
of any such | ||||||
18 | weapon, or sells, manufactures, purchases, possesses, | ||||||
19 | or
carries any combination of parts designed or | ||||||
20 | intended for
use in converting any weapon into a | ||||||
21 | machine gun, or any combination or
parts from which a | ||||||
22 | machine gun can be assembled if such parts are in the
| ||||||
23 | possession or under the control of a person;
| ||||||
24 | (ii) any rifle having one or
more barrels less | ||||||
25 | than 16 inches in length or a shotgun having one or | ||||||
26 | more
barrels less than 18 inches in length or any |
| |||||||
| |||||||
1 | weapon made from a rifle or
shotgun, whether by | ||||||
2 | alteration, modification, or otherwise, if such a | ||||||
3 | weapon
as modified has an overall length of less than | ||||||
4 | 26 inches; or
| ||||||
5 | (iii) any
bomb, bomb-shell, grenade, bottle or | ||||||
6 | other container containing an
explosive substance of | ||||||
7 | over one-quarter ounce for like purposes, such
as, but | ||||||
8 | not limited to, black powder bombs and Molotov | ||||||
9 | cocktails or
artillery projectiles; or
| ||||||
10 | (8) Carries or possesses any firearm, stun gun or | ||||||
11 | taser or other
deadly weapon in any place which is | ||||||
12 | licensed to sell intoxicating
beverages, or at any public | ||||||
13 | gathering held pursuant to a license issued
by any | ||||||
14 | governmental body or any public gathering at which an | ||||||
15 | admission
is charged, excluding a place where a showing, | ||||||
16 | demonstration or lecture
involving the exhibition of | ||||||
17 | unloaded firearms is conducted.
| ||||||
18 | This subsection (a)(8) does not apply to any auction | ||||||
19 | or raffle of a firearm
held pursuant to
a license or permit | ||||||
20 | issued by a governmental body, nor does it apply to | ||||||
21 | persons
engaged
in firearm safety training courses; or
| ||||||
22 | (9) Carries or possesses in a vehicle or on or about | ||||||
23 | his or her person any
pistol, revolver, stun gun or taser | ||||||
24 | or firearm or ballistic knife, when
he or she is hooded, | ||||||
25 | robed or masked in such manner as to conceal his or her | ||||||
26 | identity; or
|
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1 | (10) Carries or possesses on or about his or her | ||||||
2 | person, upon any public street,
alley, or other public | ||||||
3 | lands within the corporate limits of a city, village,
or | ||||||
4 | incorporated town, except when an invitee thereon or | ||||||
5 | therein, for the
purpose of the display of such weapon or | ||||||
6 | the lawful commerce in weapons, or
except when on his land | ||||||
7 | or in his or her own abode, legal dwelling, or fixed place | ||||||
8 | of business, or on the land or in the legal dwelling of | ||||||
9 | another person as an invitee with that person's | ||||||
10 | permission, any
pistol, revolver, stun gun, or taser or | ||||||
11 | other firearm, except that this
subsection (a) (10) does | ||||||
12 | not apply to or affect transportation of weapons that
meet | ||||||
13 | one of the following conditions:
| ||||||
14 | (i) are broken down in a non-functioning state; or
| ||||||
15 | (ii) are not immediately accessible; or
| ||||||
16 | (iii) are unloaded and enclosed in a case, firearm | ||||||
17 | carrying box,
shipping box, or other container by a | ||||||
18 | person who has been issued a currently
valid Firearm | ||||||
19 | Owner's
Identification Card; or
| ||||||
20 | (iv) are carried or possessed in accordance with | ||||||
21 | the Firearm Concealed Carry Act by a person who has | ||||||
22 | been issued a currently valid license under the | ||||||
23 | Firearm Concealed Carry Act. | ||||||
24 | A "stun gun or taser", as used in this paragraph (a) | ||||||
25 | means (i) any device
which is powered by electrical | ||||||
26 | charging units, such as, batteries, and
which fires one or |
| |||||||
| |||||||
1 | several barbs attached to a length of wire and
which, upon | ||||||
2 | hitting a human, can send out a current capable of | ||||||
3 | disrupting
the person's nervous system in such a manner as | ||||||
4 | to render him incapable of
normal functioning or (ii) any | ||||||
5 | device which is powered by electrical
charging units, such | ||||||
6 | as batteries, and which, upon contact with a human or
| ||||||
7 | clothing worn by a human, can send out current capable of | ||||||
8 | disrupting
the person's nervous system in such a manner as | ||||||
9 | to render him incapable
of normal functioning; or
| ||||||
10 | (11) Sells, manufactures, or purchases any explosive | ||||||
11 | bullet. For purposes
of this paragraph (a) "explosive | ||||||
12 | bullet" means the projectile portion of
an ammunition | ||||||
13 | cartridge which contains or carries an explosive charge | ||||||
14 | which
will explode upon contact with the flesh of a human | ||||||
15 | or an animal.
"Cartridge" means a tubular metal case | ||||||
16 | having a projectile affixed at the
front thereof and a cap | ||||||
17 | or primer at the rear end thereof, with the
propellant | ||||||
18 | contained in such tube between the projectile and the cap; | ||||||
19 | or
| ||||||
20 | (12) (Blank); or
| ||||||
21 | (13) Carries or possesses on or about his or her | ||||||
22 | person while in a building occupied by a unit of | ||||||
23 | government, a billy club, other weapon of like character, | ||||||
24 | or other instrument of like character intended for use as | ||||||
25 | a weapon. For the purposes of this Section, "billy club" | ||||||
26 | means a short stick or club commonly carried by police |
| |||||||
| |||||||
1 | officers which is either telescopic or constructed of a | ||||||
2 | solid piece of wood or other man-made material. | ||||||
3 | (b) Sentence. A person convicted of a violation of | ||||||
4 | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| ||||||
5 | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | ||||||
6 | Class A
misdemeanor.
A person convicted of a violation of | ||||||
7 | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; | ||||||
8 | a person
convicted of a violation of subsection 24-1(a)(6) or | ||||||
9 | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | ||||||
10 | convicted of a violation of subsection
24-1(a)(7)(i) commits a | ||||||
11 | Class 2 felony and shall be sentenced to a term of imprisonment | ||||||
12 | of not less than 3 years and not more than 7 years, unless the | ||||||
13 | weapon is possessed in the
passenger compartment of a motor | ||||||
14 | vehicle as defined in Section 1-146 of the
Illinois Vehicle | ||||||
15 | Code, or on the person, while the weapon is loaded, in which
| ||||||
16 | case it shall be a Class X felony. A person convicted of a
| ||||||
17 | second or subsequent violation of subsection 24-1(a)(4), | ||||||
18 | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 | ||||||
19 | felony. A person convicted of a violation of subsection | ||||||
20 | 24-1(a)(2.5) commits a Class 2 felony. The possession of each | ||||||
21 | weapon in violation of this Section constitutes a single and | ||||||
22 | separate violation.
| ||||||
23 | (c) Violations in specific places.
| ||||||
24 | (1) A person who violates subsection 24-1(a)(6) or | ||||||
25 | 24-1(a)(7) in any
school, regardless of the time of day or | ||||||
26 | the time of year, in residential
property owned, operated |
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| |||||||
1 | or managed by a public housing agency or
leased by
a public | ||||||
2 | housing agency as part of a scattered site or mixed-income
| ||||||
3 | development, in a
public park, in a courthouse, on the | ||||||
4 | real property comprising any school,
regardless of the
| ||||||
5 | time of day or the time of year, on residential property | ||||||
6 | owned, operated
or
managed by a public housing agency
or | ||||||
7 | leased by a public housing agency as part of a scattered | ||||||
8 | site or
mixed-income development,
on the real property | ||||||
9 | comprising any
public park, on the real property | ||||||
10 | comprising any courthouse, in any conveyance
owned, leased | ||||||
11 | or contracted by a school to
transport students to or from | ||||||
12 | school or a school related activity, in any conveyance
| ||||||
13 | owned, leased, or contracted by a public transportation | ||||||
14 | agency, or on any
public way within 1,000 feet of the real | ||||||
15 | property comprising any school,
public park, courthouse, | ||||||
16 | public transportation facility, or 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
commits a Class 2 felony | ||||||
20 | and shall be sentenced to a term of imprisonment of not | ||||||
21 | less than 3 years and not more than 7 years.
| ||||||
22 | (1.5) A person who violates subsection 24-1(a)(4), | ||||||
23 | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of | ||||||
24 | the time of day or the time of year,
in residential | ||||||
25 | property owned, operated, or managed by a public
housing
| ||||||
26 | agency
or leased by a public housing agency as part of a |
| |||||||
| |||||||
1 | scattered site or
mixed-income development,
in
a public
| ||||||
2 | park, in a courthouse, on the real property comprising any | ||||||
3 | school, regardless
of the time of day or the time of year, | ||||||
4 | on residential property owned,
operated, or managed by a | ||||||
5 | public housing agency
or leased by a public housing agency | ||||||
6 | as part of a scattered site or
mixed-income development,
| ||||||
7 | on the real property
comprising any public park, on the | ||||||
8 | real property comprising any courthouse, in
any conveyance | ||||||
9 | owned, leased, or contracted by a school to transport | ||||||
10 | students
to or from school or a school related activity, | ||||||
11 | in any conveyance
owned, leased, or contracted by a public | ||||||
12 | transportation agency, or on any public way within
1,000 | ||||||
13 | feet of the real property comprising any school, public | ||||||
14 | park, courthouse,
public transportation facility, or | ||||||
15 | residential property owned, operated, or managed by a | ||||||
16 | public
housing agency
or leased by a public housing agency | ||||||
17 | as part of a scattered site or
mixed-income development
| ||||||
18 | commits a Class 3 felony.
| ||||||
19 | (2) A person who violates subsection 24-1(a)(1), | ||||||
20 | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | ||||||
21 | time of day or the time of year, in
residential property | ||||||
22 | owned, operated or managed by a public housing
agency
or | ||||||
23 | leased by a public housing agency as part of a scattered | ||||||
24 | site or
mixed-income development,
in
a public park, in a | ||||||
25 | courthouse, on the real property comprising any school,
| ||||||
26 | regardless of the time of day or the time of year, on |
| |||||||
| |||||||
1 | residential property
owned, operated or managed by a | ||||||
2 | public housing agency
or leased by a public housing agency | ||||||
3 | as part of a scattered site or
mixed-income development,
| ||||||
4 | on the real property
comprising any public park, on the | ||||||
5 | real property comprising any courthouse, in
any conveyance | ||||||
6 | owned, leased or contracted by a school to transport | ||||||
7 | students
to or from school or a school related activity, | ||||||
8 | in any conveyance
owned, leased, or contracted by a public | ||||||
9 | transportation agency, or on any public way within
1,000 | ||||||
10 | feet of the real property comprising any school, public | ||||||
11 | park, courthouse,
public transportation facility, or | ||||||
12 | 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 | commits a Class 4 felony. "Courthouse"
means any building | ||||||
16 | that is used by the Circuit, Appellate, or Supreme Court | ||||||
17 | of
this State for the conduct of official business.
| ||||||
18 | (3) Paragraphs (1), (1.5), and (2) of this subsection | ||||||
19 | (c) shall not
apply to law
enforcement officers or | ||||||
20 | security officers of such school, college, or
university | ||||||
21 | or to students carrying or possessing firearms for use in | ||||||
22 | training
courses, parades, hunting, target shooting on | ||||||
23 | school ranges, or otherwise with
the consent of school | ||||||
24 | authorities and which firearms are transported unloaded
| ||||||
25 | enclosed in a suitable case, box, or transportation | ||||||
26 | package.
|
| |||||||
| |||||||
1 | (4) For the purposes of this subsection (c), "school" | ||||||
2 | means any public or
private elementary or secondary | ||||||
3 | school, community college, college, or
university.
| ||||||
4 | (5) For the purposes of this subsection (c), "public | ||||||
5 | transportation agency" means a public or private agency | ||||||
6 | that provides for the transportation or conveyance of
| ||||||
7 | persons by means available to the general public, except | ||||||
8 | for transportation
by automobiles not used for conveyance | ||||||
9 | of the general public as passengers; and "public | ||||||
10 | transportation facility" means a terminal or other place
| ||||||
11 | where one may obtain public transportation.
| ||||||
12 | (d) The presence in an automobile other than a public | ||||||
13 | omnibus of any
weapon, instrument or substance referred to in | ||||||
14 | subsection (a)(7) is
prima facie evidence that it is in the | ||||||
15 | possession of, and is being
carried by, all persons occupying | ||||||
16 | such automobile at the time such
weapon, instrument or | ||||||
17 | substance is found, except under the following
circumstances: | ||||||
18 | (i) if such weapon, instrument or instrumentality is
found | ||||||
19 | upon the person of one of the occupants therein; or (ii) if | ||||||
20 | such
weapon, instrument or substance is found in an automobile | ||||||
21 | operated for
hire by a duly licensed driver in the due, lawful | ||||||
22 | and proper pursuit of
his or her trade, then such presumption | ||||||
23 | shall not apply to the driver.
| ||||||
24 | (e) Exemptions. | ||||||
25 | (1) Crossbows, Common or Compound bows and Underwater
| ||||||
26 | Spearguns are exempted from the definition of ballistic |
| |||||||
| |||||||
1 | knife as defined in
paragraph (1) of subsection (a) of | ||||||
2 | this Section. | ||||||
3 | (2) The provision of paragraph (1) of subsection (a) | ||||||
4 | of this Section prohibiting the sale, manufacture, | ||||||
5 | purchase, possession, or carrying of any knife, commonly | ||||||
6 | referred to as a switchblade knife, which has a
blade that | ||||||
7 | opens automatically by hand pressure applied to a button,
| ||||||
8 | spring or other device in the handle of the knife, does not | ||||||
9 | apply to a person who possesses a currently valid Firearm | ||||||
10 | Owner's Identification Card previously issued in his or | ||||||
11 | her name by the Illinois State Police or to a person or an | ||||||
12 | entity engaged in the business of selling or manufacturing | ||||||
13 | switchblade knives.
| ||||||
14 | (Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21.)
| ||||||
15 | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
| ||||||
16 | Sec. 24-1.1. Unlawful use or possession of weapons by | ||||||
17 | felons or
persons in the custody of the
Department of | ||||||
18 | Corrections facilities. | ||||||
19 | (a) It is unlawful
for a person to knowingly possess on or | ||||||
20 | about his person or on his land or
in his own abode or fixed | ||||||
21 | place of business any weapon prohibited under
Section 24-1 of | ||||||
22 | this Act or any firearm or any firearm ammunition if the
person | ||||||
23 | has been convicted of a felony under the laws of this State or | ||||||
24 | any
other jurisdiction. This Section shall not apply if the | ||||||
25 | person has been
granted relief by the Director of the Illinois |
| |||||||
| |||||||
1 | State Police
under Section 10 of the Firearm Owners | ||||||
2 | Identification
Card Act.
| ||||||
3 | (b) It is unlawful for any person confined in a penal | ||||||
4 | institution,
which is a facility of the Illinois Department of | ||||||
5 | Corrections, to possess
any weapon prohibited under Section | ||||||
6 | 24-1 of this Code or any firearm or
firearm ammunition, | ||||||
7 | regardless of the intent with which he possesses it.
| ||||||
8 | (c) It shall be an affirmative defense to a violation of | ||||||
9 | subsection (b), that such possession was specifically | ||||||
10 | authorized by rule,
regulation, or directive of the Illinois | ||||||
11 | Department of Corrections or order
issued pursuant thereto.
| ||||||
12 | (d) The defense of necessity is not available to a person | ||||||
13 | who is charged
with a violation of subsection (b) of this | ||||||
14 | Section.
| ||||||
15 | (e) Sentence. Violation of this Section by a person not | ||||||
16 | confined
in a penal institution shall be a Class 3 felony
for | ||||||
17 | which the person shall be sentenced to no less than 2 years and | ||||||
18 | no
more than 10 years. A second or subsequent violation of this | ||||||
19 | Section shall be a Class 2 felony for which the person shall be | ||||||
20 | sentenced to a term of imprisonment of not less than 3 years | ||||||
21 | and not more than 14 years, except as provided for in Section | ||||||
22 | 5-4.5-110 of the Unified Code of Corrections. Violation of | ||||||
23 | this Section by a person not confined in a
penal institution | ||||||
24 | who has been convicted of a forcible felony, a felony
| ||||||
25 | violation of Article 24 of this Code or of the Firearm Owners | ||||||
26 | Identification
Card Act, stalking or aggravated stalking, or a |
| |||||||
| |||||||
1 | Class 2 or greater felony
under the Illinois Controlled | ||||||
2 | Substances Act, the Cannabis Control Act, or the | ||||||
3 | Methamphetamine Control and Community Protection Act is a
| ||||||
4 | Class 2 felony for which the person
shall be sentenced to not | ||||||
5 | less than 3 years and not more than 14 years, except as | ||||||
6 | provided for in Section 5-4.5-110 of the Unified Code of | ||||||
7 | Corrections.
Violation of this Section by a person who is on | ||||||
8 | parole or mandatory supervised
release is a Class 2 felony for | ||||||
9 | which the person shall be sentenced to not less than 3 years | ||||||
10 | and not more than 14
years, except as provided for in Section | ||||||
11 | 5-4.5-110 of the Unified Code of Corrections. Violation of | ||||||
12 | this Section by a person not confined in a penal
institution is | ||||||
13 | a Class X felony when the firearm possessed is a machine gun.
| ||||||
14 | Any person who violates this Section while confined in a penal
| ||||||
15 | institution, which is a facility of the Illinois Department of
| ||||||
16 | Corrections, is guilty of a Class 1
felony, if he possesses any | ||||||
17 | weapon prohibited under Section 24-1 of this
Code regardless | ||||||
18 | of the intent with which he possesses it, a Class X
felony if | ||||||
19 | he possesses any firearm, firearm ammunition or explosive, and | ||||||
20 | a
Class X felony for which the offender shall be sentenced to | ||||||
21 | not less than 12
years and not more than 50 years when the | ||||||
22 | firearm possessed is a machine
gun. A violation of this | ||||||
23 | Section while wearing or in possession of body armor as | ||||||
24 | defined in Section 33F-1 is a Class X felony punishable by a | ||||||
25 | term of imprisonment of not less than 10 years and not more | ||||||
26 | than 40 years.
The possession of each firearm or firearm |
| |||||||
| |||||||
1 | ammunition in violation of this Section constitutes a single | ||||||
2 | and separate violation.
| ||||||
3 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
4 | (720 ILCS 5/24-1.6) | ||||||
5 | Sec. 24-1.6. Aggravated unlawful possession use of a | ||||||
6 | weapon. | ||||||
7 | (a) A person commits the offense of aggravated unlawful | ||||||
8 | possession use of a weapon when
he or she knowingly: | ||||||
9 | (1) Carries on or about his or her person or in any | ||||||
10 | vehicle or concealed
on or about his or her person except | ||||||
11 | when on his or her land or in his or her
abode, legal | ||||||
12 | dwelling, or fixed place of business, or on the land or in | ||||||
13 | the legal dwelling of another person as an invitee with | ||||||
14 | that person's permission, any pistol, revolver, stun gun | ||||||
15 | or taser or
other firearm; or | ||||||
16 | (2) Carries or possesses on or about his or her | ||||||
17 | person, upon any public
street, alley, or other public | ||||||
18 | lands within the corporate limits of a city,
village or | ||||||
19 | incorporated town, except when an invitee thereon or | ||||||
20 | therein, for
the purpose of the display of such weapon or | ||||||
21 | the lawful commerce in weapons, or
except when on his or | ||||||
22 | her own land or in his or her own abode, legal dwelling, or | ||||||
23 | fixed place of
business, or on the land or in the legal | ||||||
24 | dwelling of another person as an invitee with that | ||||||
25 | person's permission, any pistol, revolver, stun gun or |
| |||||||
| |||||||
1 | taser or other firearm; and | ||||||
2 | (3) One of the following factors is present: | ||||||
3 | (A) the firearm, other than a pistol, revolver, or | ||||||
4 | handgun, possessed was uncased, loaded, and | ||||||
5 | immediately accessible
at the time of the offense; or | ||||||
6 | (A-5) the pistol, revolver, or handgun possessed | ||||||
7 | was uncased, loaded, and immediately accessible
at the | ||||||
8 | time of the offense and the person possessing the | ||||||
9 | pistol, revolver, or handgun has not been issued a | ||||||
10 | currently valid license under the Firearm Concealed | ||||||
11 | Carry Act; or | ||||||
12 | (B) the firearm, other than a pistol, revolver, or | ||||||
13 | handgun, possessed was uncased, unloaded, and the | ||||||
14 | ammunition for
the weapon was immediately accessible | ||||||
15 | at the time of the offense; or | ||||||
16 | (B-5) the pistol, revolver, or handgun possessed | ||||||
17 | was uncased, unloaded, and the ammunition for
the | ||||||
18 | weapon was immediately accessible at the time of the | ||||||
19 | offense and the person possessing the pistol, | ||||||
20 | revolver, or handgun has not been issued a currently | ||||||
21 | valid license under the Firearm Concealed Carry Act; | ||||||
22 | or | ||||||
23 | (C) the person possessing the firearm has not been | ||||||
24 | issued a currently
valid Firearm Owner's | ||||||
25 | Identification Card; or | ||||||
26 | (D) the person possessing the weapon was |
| |||||||
| |||||||
1 | previously adjudicated
a delinquent minor under the | ||||||
2 | Juvenile Court Act of 1987 for an act that if
committed | ||||||
3 | by an adult would be a felony; or | ||||||
4 | (E) the person possessing the weapon was engaged | ||||||
5 | in a misdemeanor
violation of the Cannabis
Control | ||||||
6 | Act, in a misdemeanor violation of the Illinois | ||||||
7 | Controlled Substances
Act, or in a misdemeanor | ||||||
8 | violation of the Methamphetamine Control and Community | ||||||
9 | Protection Act; or | ||||||
10 | (F) (blank); or | ||||||
11 | (G) the person possessing the weapon had an order | ||||||
12 | of protection issued
against him or her within the | ||||||
13 | previous 2 years; or | ||||||
14 | (H) the person possessing the weapon was engaged | ||||||
15 | in the commission or
attempted commission of
a | ||||||
16 | misdemeanor involving the use or threat of violence | ||||||
17 | against
the person or property of another; or | ||||||
18 | (I) the person possessing the weapon was under 21 | ||||||
19 | years of age and in
possession of a handgun, unless the | ||||||
20 | person under 21
is engaged in lawful activities under | ||||||
21 | the Wildlife Code or described in
subsection | ||||||
22 | 24-2(b)(1), (b)(3), or 24-2(f). | ||||||
23 | (a-5) "Handgun" as used in this Section has the meaning | ||||||
24 | given to it in Section 5 of the Firearm Concealed Carry Act. | ||||||
25 | (b) "Stun gun or taser" as used in this Section has the | ||||||
26 | same definition
given to it in Section 24-1 of this Code. |
| |||||||
| |||||||
1 | (c) This Section does not apply to or affect the | ||||||
2 | transportation or
possession
of weapons that: | ||||||
3 | (i) are broken down in a non-functioning state; or | ||||||
4 | (ii) are not immediately accessible; or | ||||||
5 | (iii) are unloaded and enclosed in a case, firearm | ||||||
6 | carrying box,
shipping box, or other container by a person | ||||||
7 | who has been issued a currently
valid Firearm Owner's
| ||||||
8 | Identification Card. | ||||||
9 | (d) Sentence. | ||||||
10 | (1) Aggravated unlawful possession use of a weapon is | ||||||
11 | a Class 4 felony;
a second or subsequent offense is a Class | ||||||
12 | 2 felony for which the person shall be sentenced to a term | ||||||
13 | of imprisonment of not less than 3 years and not more than | ||||||
14 | 7 years, except as provided for in Section 5-4.5-110 of | ||||||
15 | the Unified Code of Corrections. | ||||||
16 | (2) Except as otherwise provided in paragraphs (3) and | ||||||
17 | (4) of this subsection (d), a first offense of aggravated | ||||||
18 | unlawful possession use of a weapon committed with a | ||||||
19 | firearm by a person 18 years of age or older where the | ||||||
20 | factors listed in both items (A) and (C) or both items | ||||||
21 | (A-5) and (C) of paragraph (3) of subsection (a) are | ||||||
22 | present is a Class 4 felony, for which the person shall be | ||||||
23 | sentenced to a term of imprisonment of not less than one | ||||||
24 | year and not more than 3 years. | ||||||
25 | (3) Aggravated unlawful possession use of
a weapon by | ||||||
26 | a person who has been previously
convicted of a felony in |
| |||||||
| |||||||
1 | this State or another jurisdiction is a Class 2
felony for | ||||||
2 | which the person shall be sentenced to a term of | ||||||
3 | imprisonment of not less than 3 years and not more than 7 | ||||||
4 | years, except as provided for in Section 5-4.5-110 of the | ||||||
5 | Unified Code of Corrections. | ||||||
6 | (4) Aggravated unlawful possession use of a weapon | ||||||
7 | while wearing or in possession of body armor as defined in | ||||||
8 | Section 33F-1 by a person who has not been issued a valid | ||||||
9 | Firearms Owner's Identification Card in accordance with | ||||||
10 | Section 5 of the Firearm Owners Identification Card Act is | ||||||
11 | a Class X felony.
| ||||||
12 | (e) The possession of each firearm in violation of this | ||||||
13 | Section constitutes a single and separate violation. | ||||||
14 | (Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17 .)
| ||||||
15 | (720 ILCS 5/24-1.7) | ||||||
16 | Sec. 24-1.7. Armed habitual criminal. | ||||||
17 | (a) A person commits the offense of being an armed | ||||||
18 | habitual
criminal if he or she receives, sells, possesses, or | ||||||
19 | transfers
any firearm after having been convicted a total of 2 | ||||||
20 | or more
times of any combination of the following offenses: | ||||||
21 | (1) a forcible felony as defined in Section 2-8 of | ||||||
22 | this Code; | ||||||
23 | (2) unlawful possession use of a weapon by a felon; | ||||||
24 | aggravated unlawful possession use of a weapon; aggravated | ||||||
25 | discharge of a firearm; vehicular hijacking; aggravated |
| |||||||
| |||||||
1 | vehicular hijacking; aggravated battery of a child as | ||||||
2 | described in Section 12-4.3 or subdivision (b)(1) of | ||||||
3 | Section 12-3.05;
intimidation; aggravated intimidation; | ||||||
4 | gunrunning; home invasion; or aggravated battery with a | ||||||
5 | firearm as described in Section 12-4.2 or subdivision | ||||||
6 | (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05; or | ||||||
7 | (3) any violation of the Illinois Controlled | ||||||
8 | Substances
Act or the Cannabis Control Act that is | ||||||
9 | punishable as a Class 3
felony or higher. | ||||||
10 | (b) Sentence. Being an armed habitual criminal is a Class | ||||||
11 | X
felony.
| ||||||
12 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
13 | (720 ILCS 5/24-2.1) (from Ch. 38, par. 24-2.1)
| ||||||
14 | Sec. 24-2.1. Unlawful possession use of firearm | ||||||
15 | projectiles.
| ||||||
16 | (a) A person commits the offense of unlawful possession | ||||||
17 | use of firearm projectiles
when he or she knowingly | ||||||
18 | manufactures, sells, purchases, possesses, or carries
any | ||||||
19 | armor piercing bullet, dragon's breath shotgun shell,
bolo | ||||||
20 | shell, or flechette shell.
| ||||||
21 | For the purposes of this Section:
| ||||||
22 | "Armor piercing bullet" means
any handgun bullet or | ||||||
23 | handgun ammunition with projectiles or projectile cores
| ||||||
24 | constructed entirely (excluding the presence of traces of | ||||||
25 | other substances)
from
tungsten alloys, steel, iron, brass, |
| |||||||
| |||||||
1 | bronze, beryllium copper
or depleted uranium, or fully | ||||||
2 | jacketed bullets larger than
22 caliber designed and intended | ||||||
3 | for use in a handgun and whose jacket has a
weight of more than | ||||||
4 | 25% of the total weight of the projectile, and excluding
those | ||||||
5 | handgun
projectiles whose cores are composed of soft materials | ||||||
6 | such as lead or lead
alloys, zinc or zinc alloys, frangible | ||||||
7 | projectiles designed primarily for
sporting purposes, and any
| ||||||
8 | other projectiles or projectile cores that the U. S. Secretary | ||||||
9 | of the Treasury
finds to be primarily intended to be used for | ||||||
10 | sporting purposes or industrial
purposes or that otherwise | ||||||
11 | does not constitute "armor piercing ammunition" as
that term | ||||||
12 | is defined by federal law.
| ||||||
13 | The definition contained herein shall not be construed to | ||||||
14 | include shotgun
shells.
| ||||||
15 | "Dragon's breath shotgun shell" means any shotgun shell | ||||||
16 | that contains
exothermic pyrophoric mesh metal as the | ||||||
17 | projectile and is designed for the
purpose of throwing or | ||||||
18 | spewing a flame or fireball to simulate a flame-thrower.
| ||||||
19 | "Bolo shell" means any shell that can be fired in a firearm | ||||||
20 | and expels as
projectiles 2 or more metal balls connected by | ||||||
21 | solid metal wire.
| ||||||
22 | "Flechette shell" means any shell that can be fired in a | ||||||
23 | firearm and expels
2 or more pieces of fin-stabilized solid | ||||||
24 | metal wire or 2 or more solid
dart-type projectiles.
| ||||||
25 | (b) Exemptions. This Section does not apply to or affect | ||||||
26 | any of the
following:
|
| |||||||
| |||||||
1 | (1) Peace officers.
| ||||||
2 | (2) Wardens, superintendents and keepers of prisons, | ||||||
3 | penitentiaries, jails
and other institutions for the | ||||||
4 | detention of persons accused or convicted of an
offense.
| ||||||
5 | (3) Members of the Armed Services or Reserve Forces of | ||||||
6 | the United States
or the Illinois National Guard while in | ||||||
7 | the performance of their official
duties.
| ||||||
8 | (4) Federal officials required to carry firearms, | ||||||
9 | while engaged in the
performance of their official duties.
| ||||||
10 | (5) United States Marshals, while engaged in the | ||||||
11 | performance of their
official duties.
| ||||||
12 | (6) Persons licensed under federal law to manufacture, | ||||||
13 | import, or sell
firearms and firearm ammunition, and | ||||||
14 | actually engaged in any such business,
but only with | ||||||
15 | respect to activities which are within the lawful scope of
| ||||||
16 | such business, such as the manufacture, transportation, or | ||||||
17 | testing of such
bullets or ammunition.
| ||||||
18 | This exemption does not authorize the general private | ||||||
19 | possession of any
armor
piercing bullet,
dragon's breath | ||||||
20 | shotgun shell, bolo shell, or
flechette shell,
but only | ||||||
21 | such possession and activities
which are within the lawful | ||||||
22 | scope of a licensed business described in this
paragraph.
| ||||||
23 | (7) Laboratories having a department of forensic | ||||||
24 | ballistics or
specializing
in the development of | ||||||
25 | ammunition or explosive ordnance.
| ||||||
26 | (8) Manufacture, transportation, or sale of armor |
| |||||||
| |||||||
1 | piercing
bullets, dragon's breath shotgun shells, bolo | ||||||
2 | shells, or
flechette shells
to persons specifically | ||||||
3 | authorized under paragraphs (1) through (7) of this
| ||||||
4 | subsection to possess such bullets or shells.
| ||||||
5 | (c) An information or indictment based upon a violation of | ||||||
6 | this Section
need not negate any exemption herein contained. | ||||||
7 | The defendant shall have
the burden of proving such an | ||||||
8 | exemption.
| ||||||
9 | (d) Sentence. A person convicted of unlawful possession | ||||||
10 | use of armor
piercing bullets
shall be guilty of a Class 3 | ||||||
11 | felony.
| ||||||
12 | (Source: P.A. 92-423, eff. 1-1-02.)
| ||||||
13 | (720 ILCS 5/24-3.6)
| ||||||
14 | Sec. 24-3.6.
Unlawful possession use of a
firearm in the | ||||||
15 | shape of a wireless telephone.
| ||||||
16 | (a) For the purposes of this Section, "wireless telephone" | ||||||
17 | means a
device that is capable of
transmitting or receiving | ||||||
18 | telephonic communications without a wire connecting
the device | ||||||
19 | to the telephone network.
| ||||||
20 | (b) A person commits the offense of unlawful possession | ||||||
21 | use of a
firearm in the shape of a wireless telephone when he | ||||||
22 | or she manufactures,
sells, transfers, purchases, possesses, | ||||||
23 | or carries a firearm shaped or designed
to appear
as a wireless
| ||||||
24 | telephone.
| ||||||
25 | (c) This Section does not apply to or affect the sale to or |
| |||||||
| |||||||
1 | possession of a
firearm in the shape of a wireless telephone by | ||||||
2 | a peace officer.
| ||||||
3 | (d) Sentence. Unlawful possession use of a
firearm in the | ||||||
4 | shape of a wireless telephone is a Class 4 felony.
| ||||||
5 | (Source: P.A. 92-155, eff. 1-1-02.)
|