Bill Text: IL HB0182 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the Criminal Code of 1961. Provides that it is not a violation of the statutes concerning unlawful use of weapons and aggravated unlawful use of a weapon to carry or possess any pistol, revolver, stun gun, taser, or other firearm in one's dwelling. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Passed) 2009-08-25 - Public Act . . . . . . . . . 96-0742 [HB0182 Detail]
Download: Illinois-2009-HB0182-Enrolled.html
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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 1961 is amended by changing | ||||||
5 | Sections 24-1, 24-1.6, and 24-2 as follows:
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6 | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
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7 | Sec. 24-1. Unlawful Use of Weapons.
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8 | (a) A person commits the offense of unlawful use of weapons | ||||||
9 | when
he knowingly:
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10 | (1) Sells, manufactures, purchases, possesses or | ||||||
11 | carries any bludgeon,
black-jack, slung-shot, sand-club, | ||||||
12 | sand-bag, metal knuckles or other knuckle weapon | ||||||
13 | regardless of its composition, throwing star,
or any knife, | ||||||
14 | commonly referred to as a switchblade knife, which has a
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15 | blade that opens automatically by hand pressure applied to | ||||||
16 | a button,
spring or other device in the handle of the | ||||||
17 | knife, or a ballistic knife,
which is a device that propels | ||||||
18 | a knifelike blade as a projectile by means
of a coil | ||||||
19 | spring, elastic material or compressed gas; or
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20 | (2) Carries or possesses with intent to use the same | ||||||
21 | unlawfully
against another, a dagger, dirk, billy, | ||||||
22 | dangerous knife, razor,
stiletto, broken bottle or other | ||||||
23 | piece of glass, stun gun or taser or
any other dangerous or |
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1 | deadly weapon or instrument of like character; or
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2 | (3) Carries on or about his person or in any vehicle, a | ||||||
3 | tear gas gun
projector or bomb or any object containing | ||||||
4 | noxious liquid gas or
substance, other than an object | ||||||
5 | containing a non-lethal noxious liquid gas
or substance | ||||||
6 | designed solely for personal defense carried by a person 18
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7 | years of age or older; or
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8 | (4) Carries or possesses in any vehicle or concealed on | ||||||
9 | or about his
person except when on his land or in his own | ||||||
10 | abode , legal dwelling, or fixed place of
business , or on | ||||||
11 | the land or in the legal dwelling of another person as an | ||||||
12 | invitee with that person's permission, any pistol, | ||||||
13 | revolver, stun gun or taser or other firearm, except
that
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14 | this subsection (a) (4) does not apply to or affect | ||||||
15 | transportation of weapons
that meet one of the following | ||||||
16 | conditions:
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17 | (i) are broken down in a non-functioning state; or
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18 | (ii) are not immediately accessible; or
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19 | (iii) are unloaded and enclosed in a case, firearm | ||||||
20 | carrying box,
shipping box, or other container by a | ||||||
21 | person who has been issued a currently
valid Firearm | ||||||
22 | Owner's
Identification Card; or
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23 | (5) Sets a spring gun; or
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24 | (6) Possesses any device or attachment of any kind | ||||||
25 | designed, used or
intended for use in silencing the report | ||||||
26 | of any firearm; or
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1 | (7) Sells, manufactures, purchases, possesses or | ||||||
2 | carries:
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3 | (i) a machine gun, which shall be defined for the | ||||||
4 | purposes of this
subsection as any weapon,
which | ||||||
5 | shoots, is designed to shoot, or can be readily | ||||||
6 | restored to shoot,
automatically more than one shot | ||||||
7 | without manually reloading by a single
function of the | ||||||
8 | trigger, including the frame or receiver
of any such | ||||||
9 | weapon, or sells, manufactures, purchases, possesses, | ||||||
10 | or
carries any combination of parts designed or | ||||||
11 | intended for
use in converting any weapon into a | ||||||
12 | machine gun, or any combination or
parts from which a | ||||||
13 | machine gun can be assembled if such parts are in the
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14 | possession or under the control of a person;
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15 | (ii) any rifle having one or
more barrels less than | ||||||
16 | 16 inches in length or a shotgun having one or more
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17 | barrels less than 18 inches in length or any weapon | ||||||
18 | made from a rifle or
shotgun, whether by alteration, | ||||||
19 | modification, or otherwise, if such a weapon
as | ||||||
20 | modified has an overall length of less than 26 inches; | ||||||
21 | or
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22 | (iii) any
bomb, bomb-shell, grenade, bottle or | ||||||
23 | other container containing an
explosive substance of | ||||||
24 | over one-quarter ounce for like purposes, such
as, but | ||||||
25 | not limited to, black powder bombs and Molotov | ||||||
26 | cocktails or
artillery projectiles; or
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1 | (8) Carries or possesses any firearm, stun gun or taser | ||||||
2 | or other
deadly weapon in any place which is licensed to | ||||||
3 | sell intoxicating
beverages, or at any public gathering | ||||||
4 | held pursuant to a license issued
by any governmental body | ||||||
5 | or any public gathering at which an admission
is charged, | ||||||
6 | excluding a place where a showing, demonstration or lecture
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7 | involving the exhibition of unloaded firearms is | ||||||
8 | conducted.
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9 | This subsection (a)(8) does not apply to any auction or | ||||||
10 | raffle of a firearm
held pursuant to
a license or permit | ||||||
11 | issued by a governmental body, nor does it apply to persons
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12 | engaged
in firearm safety training courses; or
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13 | (9) Carries or possesses in a vehicle or on or about | ||||||
14 | his person any
pistol, revolver, stun gun or taser or | ||||||
15 | firearm or ballistic knife, when
he is hooded, robed or | ||||||
16 | masked in such manner as to conceal his identity; or
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17 | (10) Carries or possesses on or about his person, upon | ||||||
18 | any public street,
alley, or other public lands within the | ||||||
19 | corporate limits of a city, village
or incorporated town, | ||||||
20 | except when an invitee thereon or therein, for the
purpose | ||||||
21 | of the display of such weapon or the lawful commerce in | ||||||
22 | weapons, or
except when on his land or in his own abode , | ||||||
23 | legal dwelling, or fixed place of business, or on the land | ||||||
24 | or in the legal dwelling of another person as an invitee | ||||||
25 | with that person's permission, any
pistol, revolver, stun | ||||||
26 | gun or taser or other firearm, except that this
subsection |
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1 | (a) (10) does not apply to or affect transportation of | ||||||
2 | weapons that
meet one of the following conditions:
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3 | (i) are broken down in a non-functioning state; or
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4 | (ii) are not immediately accessible; or
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5 | (iii) are unloaded and enclosed in a case, firearm | ||||||
6 | carrying box,
shipping box, or other container by a | ||||||
7 | person who has been issued a currently
valid Firearm | ||||||
8 | Owner's
Identification Card.
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9 | A "stun gun or taser", as used in this paragraph (a) | ||||||
10 | means (i) any device
which is powered by electrical | ||||||
11 | charging units, such as, batteries, and
which fires one or | ||||||
12 | several barbs attached to a length of wire and
which, upon | ||||||
13 | hitting a human, can send out a current capable of | ||||||
14 | disrupting
the person's nervous system in such a manner as | ||||||
15 | to render him incapable of
normal functioning or (ii) any | ||||||
16 | device which is powered by electrical
charging units, such | ||||||
17 | as batteries, and which, upon contact with a human or
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18 | clothing worn by a human, can send out current capable of | ||||||
19 | disrupting
the person's nervous system in such a manner as | ||||||
20 | to render him incapable
of normal functioning; or
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21 | (11) Sells, manufactures or purchases any explosive | ||||||
22 | bullet. For purposes
of this paragraph (a) "explosive | ||||||
23 | bullet" means the projectile portion of
an ammunition | ||||||
24 | cartridge which contains or carries an explosive charge | ||||||
25 | which
will explode upon contact with the flesh of a human | ||||||
26 | or an animal.
"Cartridge" means a tubular metal case having |
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1 | a projectile affixed at the
front thereof and a cap or | ||||||
2 | primer at the rear end thereof, with the
propellant | ||||||
3 | contained in such tube between the projectile and the cap; | ||||||
4 | or
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5 | (12) (Blank); or
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6 | (13) Carries or possesses on or about his or her person | ||||||
7 | while in a building occupied by a unit of government, a | ||||||
8 | billy club, other weapon of like character, or other | ||||||
9 | instrument of like character intended for use as a weapon. | ||||||
10 | For the purposes of this Section, "billy club" means a | ||||||
11 | short stick or club commonly carried by police officers | ||||||
12 | which is either telescopic or constructed of a solid piece | ||||||
13 | of wood or other man-made material. | ||||||
14 | (b) Sentence. A person convicted of a violation of | ||||||
15 | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
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16 | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | ||||||
17 | Class A
misdemeanor.
A person convicted of a violation of | ||||||
18 | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a | ||||||
19 | person
convicted of a violation of subsection 24-1(a)(6) or | ||||||
20 | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | ||||||
21 | convicted of a violation of subsection
24-1(a)(7)(i) commits a | ||||||
22 | Class 2 felony and shall be sentenced to a term of imprisonment | ||||||
23 | of not less than 3 years and not more than 7 years, unless the | ||||||
24 | weapon is possessed in the
passenger compartment of a motor | ||||||
25 | vehicle as defined in Section 1-146 of the
Illinois Vehicle | ||||||
26 | Code, or on the person, while the weapon is loaded, in which
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1 | case it shall be a Class X felony. A person convicted of a
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2 | second or subsequent violation of subsection 24-1(a)(4), | ||||||
3 | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 | ||||||
4 | felony. The possession of each weapon in violation of this | ||||||
5 | Section constitutes a single and separate violation.
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6 | (c) Violations in specific places.
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7 | (1) A person who violates subsection 24-1(a)(6) or | ||||||
8 | 24-1(a)(7) in any
school, regardless of the time of day or | ||||||
9 | the time of year, in residential
property owned, operated | ||||||
10 | or managed by a public housing agency or
leased by
a public | ||||||
11 | housing agency as part of a scattered site or mixed-income
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12 | development, in a
public park, in a courthouse, on the real | ||||||
13 | property comprising any school,
regardless of the
time of | ||||||
14 | day or the time of year, on residential property owned, | ||||||
15 | operated
or
managed by a public housing agency
or leased by | ||||||
16 | a public housing agency as part of a scattered site or
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17 | mixed-income development,
on the real property comprising | ||||||
18 | any
public park, on the real property comprising any | ||||||
19 | courthouse, in any conveyance
owned, leased or contracted | ||||||
20 | by a school to
transport students to or from school or a | ||||||
21 | school related activity, or on any
public way within 1,000 | ||||||
22 | feet of the real property comprising any school,
public | ||||||
23 | park, courthouse, or residential property owned, operated, | ||||||
24 | or managed
by a public housing agency
or leased by a public | ||||||
25 | housing agency as part of a scattered site or
mixed-income | ||||||
26 | development
commits a Class 2 felony and shall be sentenced |
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1 | to a term of imprisonment of not less than 3 years and not | ||||||
2 | more than 7 years.
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3 | (1.5) A person who violates subsection 24-1(a)(4), | ||||||
4 | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | ||||||
5 | time of day or the time of year,
in 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,
in
a public
park, in a | ||||||
9 | courthouse, on the real property comprising any school, | ||||||
10 | regardless
of the time of day or the time of year, on | ||||||
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,
on | ||||||
14 | the real property
comprising any public park, on the real | ||||||
15 | property comprising any courthouse, in
any conveyance | ||||||
16 | owned, leased, or contracted by a school to transport | ||||||
17 | students
to or from school or a school related activity, or | ||||||
18 | on any public way within
1,000 feet of the real property | ||||||
19 | comprising any school, public park, courthouse,
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
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23 | commits a Class 3 felony.
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24 | (2) A person who violates subsection 24-1(a)(1), | ||||||
25 | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | ||||||
26 | time of day or the time of year, in
residential property |
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1 | owned, operated or managed by a public housing
agency
or | ||||||
2 | leased by a public housing agency as part of a scattered | ||||||
3 | site or
mixed-income development,
in
a public park, in a | ||||||
4 | courthouse, on the real property comprising any school,
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5 | regardless of the time of day or the time of year, on | ||||||
6 | residential property
owned, operated or managed by a public | ||||||
7 | housing agency
or leased by a public housing agency as part | ||||||
8 | of a scattered site or
mixed-income development,
on the | ||||||
9 | real property
comprising any public park, on the real | ||||||
10 | property comprising any courthouse, in
any conveyance | ||||||
11 | owned, leased or contracted by a school to transport | ||||||
12 | students
to or from school or a school related activity, or | ||||||
13 | on any public way within
1,000 feet of the real property | ||||||
14 | comprising any school, public park, courthouse,
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 4 felony. "Courthouse"
means any building | ||||||
19 | that is used by the Circuit, Appellate, or Supreme Court of
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20 | this State for the conduct of official business.
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21 | (3) Paragraphs (1), (1.5), and (2) of this subsection | ||||||
22 | (c) shall not
apply to law
enforcement officers or security | ||||||
23 | officers of such school, college, or
university or to | ||||||
24 | students carrying or possessing firearms for use in | ||||||
25 | training
courses, parades, hunting, target shooting on | ||||||
26 | school ranges, or otherwise with
the consent of school |
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1 | authorities and which firearms are transported unloaded
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2 | enclosed in a suitable case, box, or transportation | ||||||
3 | package.
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4 | (4) For the purposes of this subsection (c), "school" | ||||||
5 | means any public or
private elementary or secondary school, | ||||||
6 | community college, college, or
university.
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7 | (d) The presence in an automobile other than a public | ||||||
8 | omnibus of any
weapon, instrument or substance referred to in | ||||||
9 | subsection (a)(7) is
prima facie evidence that it is in the | ||||||
10 | possession of, and is being
carried by, all persons occupying | ||||||
11 | such automobile at the time such
weapon, instrument or | ||||||
12 | substance is found, except under the following
circumstances: | ||||||
13 | (i) if such weapon, instrument or instrumentality is
found upon | ||||||
14 | the person of one of the occupants therein; or (ii) if such
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15 | weapon, instrument or substance is found in an automobile | ||||||
16 | operated for
hire by a duly licensed driver in the due, lawful | ||||||
17 | and proper pursuit of
his trade, then such presumption shall | ||||||
18 | not apply to the driver.
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19 | (e) Exemptions. Crossbows, Common or Compound bows and | ||||||
20 | Underwater
Spearguns are exempted from the definition of | ||||||
21 | ballistic knife as defined in
paragraph (1) of subsection (a) | ||||||
22 | of this Section.
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23 | (Source: P.A. 94-72, eff. 1-1-06; 94-284, eff. 7-21-05; 95-331, | ||||||
24 | eff. 8-21-07; 95-809, eff. 1-1-09; 95-885, eff. 1-1-09; revised | ||||||
25 | 9-5-08.)
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1 | (720 ILCS 5/24-1.6)
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2 | Sec. 24-1.6. Aggravated unlawful use of a weapon.
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3 | (a) A person commits the offense of aggravated unlawful use | ||||||
4 | of a weapon when
he or she knowingly:
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5 | (1) Carries on or about his or her person or in any | ||||||
6 | vehicle or concealed
on or about his or her person except | ||||||
7 | when on his or her land or in his or her
abode , legal | ||||||
8 | dwelling, or fixed place of business , or on the land or in | ||||||
9 | the legal dwelling of another person as an invitee with | ||||||
10 | that person's permission, any pistol, revolver, stun gun or | ||||||
11 | taser or
other firearm; or
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12 | (2) Carries or possesses on or about his or her person, | ||||||
13 | upon any public
street, alley, or other public lands within | ||||||
14 | the corporate limits of a city,
village or incorporated | ||||||
15 | town, except when an invitee thereon or therein, for
the | ||||||
16 | purpose of the display of such weapon or the lawful | ||||||
17 | commerce in weapons, or
except when on his or her own land | ||||||
18 | or in his or her own abode , legal dwelling, or fixed place | ||||||
19 | of
business, or on the land or in the legal dwelling of | ||||||
20 | another person as an invitee with that person's permission, | ||||||
21 | any pistol, revolver, stun gun or taser or other firearm; | ||||||
22 | and
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23 | (3) One of the following factors is present:
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24 | (A) the firearm possessed was uncased, loaded and | ||||||
25 | immediately accessible
at the time of the offense; or
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26 | (B) the firearm possessed was uncased, unloaded |
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1 | and the ammunition for
the weapon was immediately | ||||||
2 | accessible at the time of the offense; or
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3 | (C) the person possessing the firearm has not been | ||||||
4 | issued a currently
valid Firearm Owner's | ||||||
5 | Identification Card; or
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6 | (D) the person possessing the weapon was | ||||||
7 | previously adjudicated
a delinquent minor under the | ||||||
8 | Juvenile Court Act of 1987 for an act that if
committed | ||||||
9 | by an adult would be a felony; or
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10 | (E) the person possessing the weapon was engaged in | ||||||
11 | a misdemeanor
violation of the Cannabis
Control Act, in | ||||||
12 | a misdemeanor violation of the Illinois Controlled | ||||||
13 | Substances
Act, or in a misdemeanor violation of the | ||||||
14 | Methamphetamine Control and Community Protection Act; | ||||||
15 | or
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16 | (F) the person possessing the weapon is a member of | ||||||
17 | a
street gang or is engaged in street gang related | ||||||
18 | activity, as defined in
Section 10 of the Illinois | ||||||
19 | Streetgang Terrorism Omnibus Prevention Act; or
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20 | (G) the person possessing the weapon had a order of | ||||||
21 | protection issued
against him or her within the | ||||||
22 | previous 2 years; or
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23 | (H) the person possessing the weapon was engaged in | ||||||
24 | the commission or
attempted commission of
a | ||||||
25 | misdemeanor involving the use or threat of violence | ||||||
26 | against
the person or property of another; or
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1 | (I) the person possessing the weapon was under 21 | ||||||
2 | years of age and in
possession of a handgun as defined | ||||||
3 | in Section 24-3, unless the person under 21
is engaged | ||||||
4 | in lawful activities under the Wildlife Code or | ||||||
5 | described in
subsection 24-2(b)(1), (b)(3), or | ||||||
6 | 24-2(f).
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7 | (b) "Stun gun or taser" as used in this Section has the | ||||||
8 | same definition
given to it in Section 24-1 of this Code.
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9 | (c) This Section does not apply to or affect the | ||||||
10 | transportation or
possession
of weapons that:
| ||||||
11 | (i) are broken down in a non-functioning state; or
| ||||||
12 | (ii) are not immediately accessible; or
| ||||||
13 | (iii) are unloaded and enclosed in a case, firearm | ||||||
14 | carrying box,
shipping box, or other container by a | ||||||
15 | person who has been issued a currently
valid Firearm | ||||||
16 | Owner's
Identification Card.
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17 | (d) Sentence. Aggravated unlawful use of a weapon is a | ||||||
18 | Class 4 felony;
a second or subsequent offense is a Class 2 | ||||||
19 | felony for which the person shall be sentenced to a term of | ||||||
20 | imprisonment of not less than 3 years and not more than 7 | ||||||
21 | years. Aggravated unlawful use of
a weapon by a person who has | ||||||
22 | been previously
convicted of a felony in this State or another | ||||||
23 | jurisdiction is a Class 2
felony for which the person shall be | ||||||
24 | sentenced to a term of imprisonment of not less than 3 years | ||||||
25 | and not more than 7 years. Aggravated unlawful use of a weapon | ||||||
26 | while wearing or in possession of body armor as defined in |
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1 | Section 33F-1 by a person who has not been issued a valid | ||||||
2 | Firearms Owner's Identification Card in accordance with | ||||||
3 | Section 5 of the Firearm Owners Identification Card Act is a | ||||||
4 | Class X felony.
The possession of each firearm in violation of | ||||||
5 | this Section constitutes a single and separate violation.
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6 | (Source: P.A. 94-72, eff. 1-1-06; 94-284, eff. 7-21-05; 94-556, | ||||||
7 | eff. 9-11-05; 95-331, eff. 8-21-07.)
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8 | (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
| ||||||
9 | Sec. 24-2. Exemptions.
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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:
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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 |
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| |||||||
1 | utility to
perform police functions, and guards of armored | ||||||
2 | car companies, while
actually engaged in the performance of | ||||||
3 | the duties of their employment or
commuting between their | ||||||
4 | homes and places of employment; and watchmen
while actually | ||||||
5 | 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 an agency
certified by the Department of | ||||||
10 | Professional Regulation, if their duties
include the | ||||||
11 | carrying of a weapon under the provisions of the Private
| ||||||
12 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
13 | Vendor, and Locksmith Act of 2004,
while actually
engaged | ||||||
14 | in the performance of the duties of their employment or | ||||||
15 | commuting
between their homes and places of employment, | ||||||
16 | provided that such commuting
is accomplished within one | ||||||
17 | hour from departure from home or place of
employment, as | ||||||
18 | the case may be. Persons exempted under this subdivision
| ||||||
19 | (a)(5) shall be required to have completed a course of
| ||||||
20 | study in firearms handling and training approved and | ||||||
21 | supervised by the
Department of Professional Regulation as | ||||||
22 | prescribed by Section 28 of the
Private Detective, Private | ||||||
23 | Alarm,
Private Security, Fingerprint Vendor, and Locksmith | ||||||
24 | Act of 2004, prior
to becoming eligible for this exemption. | ||||||
25 | The Department of Professional
Regulation shall provide | ||||||
26 | suitable documentation demonstrating the
successful |
| |||||||
| |||||||
1 | completion of the prescribed firearms training. Such
| ||||||
2 | documentation shall be carried at all times when such | ||||||
3 | persons are in
possession of a concealable weapon.
| ||||||
4 | (6) Any person regularly employed in a commercial or | ||||||
5 | industrial
operation as a security guard for the protection | ||||||
6 | of persons employed
and private property related to such | ||||||
7 | commercial or industrial
operation, while actually engaged | ||||||
8 | in the performance of his or her
duty or traveling between | ||||||
9 | sites or properties belonging to the
employer, and who, as | ||||||
10 | a security guard, is a member of a security force of
at | ||||||
11 | least 5 persons registered with the Department of | ||||||
12 | Professional
Regulation; provided that such security guard | ||||||
13 | has successfully completed a
course of study, approved by | ||||||
14 | and supervised by the Department of
Professional | ||||||
15 | Regulation, consisting of not less than 40 hours of | ||||||
16 | training
that includes the theory of law enforcement, | ||||||
17 | liability for acts, and the
handling of weapons. A person | ||||||
18 | shall be considered eligible for this
exemption if he or | ||||||
19 | she has completed the required 20
hours of training for a | ||||||
20 | security officer and 20 hours of required firearm
training, | ||||||
21 | and has been issued a firearm control card by
the | ||||||
22 | Department of Professional Regulation. Conditions for the | ||||||
23 | renewal of
firearm control cards issued under the | ||||||
24 | provisions of this Section
shall be the same as for those | ||||||
25 | cards issued under the provisions of the
Private Detective, | ||||||
26 | Private Alarm,
Private Security, Fingerprint Vendor, and |
| |||||||
| |||||||
1 | Locksmith Act of 2004. Such
firearm control card shall be | ||||||
2 | carried by the security guard at all
times when he or she | ||||||
3 | is in possession of a concealable weapon.
| ||||||
4 | (7) Agents and investigators of the Illinois | ||||||
5 | Legislative Investigating
Commission authorized by the | ||||||
6 | Commission to carry the weapons specified in
subsections | ||||||
7 | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| ||||||
8 | any investigation for the Commission.
| ||||||
9 | (8) Persons employed by a financial institution for the | ||||||
10 | protection of
other employees and property related to such | ||||||
11 | financial institution, while
actually engaged in the | ||||||
12 | performance of their duties, commuting between
their homes | ||||||
13 | and places of employment, or traveling between sites or
| ||||||
14 | properties owned or operated by such financial | ||||||
15 | institution, provided that
any person so employed has | ||||||
16 | successfully completed a course of study,
approved by and | ||||||
17 | supervised by the Department of Professional Regulation,
| ||||||
18 | consisting of not less than 40 hours of training which | ||||||
19 | includes theory of
law enforcement, liability for acts, and | ||||||
20 | the handling of weapons.
A person shall be considered to be | ||||||
21 | eligible for this exemption if he or
she has completed the | ||||||
22 | required 20 hours of training for a security officer
and 20 | ||||||
23 | hours of required firearm training, and has been issued a
| ||||||
24 | firearm control card by the Department of Professional | ||||||
25 | Regulation.
Conditions for renewal of firearm control | ||||||
26 | cards issued under the
provisions of this Section shall be |
| |||||||
| |||||||
1 | the same as for those issued under the
provisions of the | ||||||
2 | Private Detective, Private Alarm,
Private Security, | ||||||
3 | Fingerprint Vendor, and Locksmith Act of 2004.
Such firearm | ||||||
4 | control card shall be carried by the person so
trained at | ||||||
5 | all times when such person is in possession of a | ||||||
6 | concealable
weapon. For purposes of this subsection, | ||||||
7 | "financial institution" means a
bank, savings and loan | ||||||
8 | association, credit union or company providing
armored car | ||||||
9 | services.
| ||||||
10 | (9) Any person employed by an armored car company to | ||||||
11 | drive an armored
car, while actually engaged in the | ||||||
12 | performance of his duties.
| ||||||
13 | (10) Persons who have been classified as peace officers | ||||||
14 | pursuant
to the Peace Officer Fire Investigation Act.
| ||||||
15 | (11) Investigators of the Office of the State's | ||||||
16 | Attorneys Appellate
Prosecutor authorized by the board of | ||||||
17 | governors of the Office of the
State's Attorneys Appellate | ||||||
18 | Prosecutor to carry weapons pursuant to
Section 7.06 of the | ||||||
19 | State's Attorneys Appellate Prosecutor's Act.
| ||||||
20 | (12) Special investigators appointed by a State's | ||||||
21 | Attorney under
Section 3-9005 of the Counties Code.
| ||||||
22 | (12.5) Probation officers while in the performance of | ||||||
23 | their duties, or
while commuting between their homes, | ||||||
24 | places of employment or specific locations
that are part of | ||||||
25 | their assigned duties, with the consent of the chief judge | ||||||
26 | of
the circuit for which they are employed.
|
| |||||||
| |||||||
1 | (13) Court Security Officers while in the performance | ||||||
2 | of their official
duties, or while commuting between their | ||||||
3 | homes and places of employment, with
the
consent of the | ||||||
4 | Sheriff.
| ||||||
5 | (13.5) A person employed as an armed security guard at | ||||||
6 | a nuclear energy,
storage, weapons or development site or | ||||||
7 | facility regulated by the Nuclear
Regulatory Commission | ||||||
8 | who has completed the background screening and training
| ||||||
9 | mandated by the rules and regulations of the Nuclear | ||||||
10 | Regulatory Commission.
| ||||||
11 | (14) Manufacture, transportation, or sale of weapons | ||||||
12 | to
persons
authorized under subdivisions (1) through | ||||||
13 | (13.5) of this
subsection
to
possess those weapons.
| ||||||
14 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
15 | 24-1.6 do not
apply to or affect
any of the following:
| ||||||
16 | (1) Members of any club or organization organized for | ||||||
17 | the purpose of
practicing shooting at targets upon | ||||||
18 | established target ranges, whether
public or private, and | ||||||
19 | patrons of such ranges, while such members
or patrons are | ||||||
20 | using their firearms on those target ranges.
| ||||||
21 | (2) Duly authorized military or civil organizations | ||||||
22 | while parading,
with the special permission of the | ||||||
23 | Governor.
| ||||||
24 | (3) Hunters, trappers or fishermen with a license or
| ||||||
25 | permit while engaged in hunting,
trapping or fishing.
| ||||||
26 | (4) Transportation of weapons that are broken down in a
|
| |||||||
| |||||||
1 | non-functioning state or are not immediately accessible.
| ||||||
2 | (5) Carrying or possessing any pistol, revolver, stun | ||||||
3 | gun or taser or other firearm on the land or in the legal | ||||||
4 | dwelling of another person as an invitee with that person's | ||||||
5 | permission. | ||||||
6 | (c) Subsection 24-1(a)(7) does not apply to or affect any | ||||||
7 | of the
following:
| ||||||
8 | (1) Peace officers while in performance of their | ||||||
9 | official duties.
| ||||||
10 | (2) Wardens, superintendents and keepers of prisons, | ||||||
11 | penitentiaries,
jails and other institutions for the | ||||||
12 | detention of persons accused or
convicted of an offense.
| ||||||
13 | (3) Members of the Armed Services or Reserve Forces of | ||||||
14 | the United States
or the Illinois National Guard, while in | ||||||
15 | the performance of their official
duty.
| ||||||
16 | (4) Manufacture, transportation, or sale of machine | ||||||
17 | guns to persons
authorized under subdivisions (1) through | ||||||
18 | (3) of this subsection to
possess machine guns, if the | ||||||
19 | machine guns are broken down in a
non-functioning state or | ||||||
20 | are not immediately accessible.
| ||||||
21 | (5) Persons licensed under federal law to manufacture | ||||||
22 | any weapon from
which 8 or more shots or bullets can be | ||||||
23 | discharged by a
single function of the firing device, or | ||||||
24 | ammunition for such weapons, and
actually engaged in the | ||||||
25 | business of manufacturing such weapons or
ammunition, but | ||||||
26 | only with respect to activities which are within the lawful
|
| |||||||
| |||||||
1 | scope of such business, such as the manufacture, | ||||||
2 | transportation, or testing
of such weapons or ammunition. | ||||||
3 | This exemption does not authorize the
general private | ||||||
4 | possession of any weapon from which 8 or more
shots or | ||||||
5 | bullets can be discharged by a single function of the | ||||||
6 | firing
device, but only such possession and activities as | ||||||
7 | are within the lawful
scope of a licensed manufacturing | ||||||
8 | business described in this paragraph.
| ||||||
9 | During transportation, such weapons shall be broken | ||||||
10 | down in a
non-functioning state or not immediately | ||||||
11 | accessible.
| ||||||
12 | (6) The manufacture, transport, testing, delivery, | ||||||
13 | transfer or sale,
and all lawful commercial or experimental | ||||||
14 | activities necessary thereto, of
rifles, shotguns, and | ||||||
15 | weapons made from rifles or shotguns,
or ammunition for | ||||||
16 | such rifles, shotguns or weapons, where engaged in
by a | ||||||
17 | person operating as a contractor or subcontractor pursuant | ||||||
18 | to a
contract or subcontract for the development and supply | ||||||
19 | of such rifles,
shotguns, weapons or ammunition to the | ||||||
20 | United States government or any
branch of the Armed Forces | ||||||
21 | of the United States, when such activities are
necessary | ||||||
22 | and incident to fulfilling 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 | During transportation, any such weapon shall be broken | ||||||
4 | down in a
non-functioning state, or not immediately | ||||||
5 | accessible.
| ||||||
6 | (d) Subsection 24-1(a)(1) does not apply to the purchase, | ||||||
7 | possession
or carrying of a black-jack or slung-shot by a peace | ||||||
8 | officer.
| ||||||
9 | (e) Subsection 24-1(a)(8) does not apply to any owner, | ||||||
10 | manager or
authorized employee of any place specified in that | ||||||
11 | subsection nor to any
law enforcement officer.
| ||||||
12 | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | ||||||
13 | Section 24-1.6
do not apply
to members of any club or | ||||||
14 | organization organized for the purpose of practicing
shooting | ||||||
15 | at targets upon established target ranges, whether public or | ||||||
16 | private,
while using their firearms on those target ranges.
| ||||||
17 | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | ||||||
18 | to:
| ||||||
19 | (1) Members of the Armed Services or Reserve Forces of | ||||||
20 | the United
States or the Illinois National Guard, while in | ||||||
21 | the performance of their
official duty.
| ||||||
22 | (2) Bonafide collectors of antique or surplus military | ||||||
23 | ordinance.
| ||||||
24 | (3) Laboratories having a department of forensic | ||||||
25 | ballistics, or
specializing in the development of | ||||||
26 | ammunition or explosive ordinance.
|
| |||||||
| |||||||
1 | (4) Commerce, preparation, assembly or possession of | ||||||
2 | explosive
bullets by manufacturers of ammunition licensed | ||||||
3 | by the federal government,
in connection with the supply of | ||||||
4 | those organizations and persons exempted
by subdivision | ||||||
5 | (g)(1) of this Section, or like organizations and persons
| ||||||
6 | outside this State, or the transportation of explosive | ||||||
7 | bullets to any
organization or person exempted in this | ||||||
8 | Section by a common carrier or by a
vehicle owned or leased | ||||||
9 | by an exempted manufacturer.
| ||||||
10 | (g-5) Subsection 24-1(a)(6) does not apply to or affect | ||||||
11 | persons licensed
under federal law to manufacture any device or | ||||||
12 | attachment of any kind designed,
used, or intended for use in | ||||||
13 | silencing the report of any firearm, firearms, or
ammunition
| ||||||
14 | for those firearms equipped with those devices, and actually | ||||||
15 | engaged in the
business of manufacturing those devices, | ||||||
16 | firearms, or ammunition, but only with
respect to
activities | ||||||
17 | that are within the lawful scope of that business, such as the
| ||||||
18 | manufacture, transportation, or testing of those devices, | ||||||
19 | firearms, or
ammunition. This
exemption does not authorize the | ||||||
20 | general private possession of any device or
attachment of any | ||||||
21 | kind designed, used, or intended for use in silencing the
| ||||||
22 | report of any firearm, but only such possession and activities | ||||||
23 | as are within
the
lawful scope of a licensed manufacturing | ||||||
24 | business described in this subsection
(g-5). During | ||||||
25 | transportation, those devices shall be detached from any weapon
| ||||||
26 | or
not immediately accessible.
|
| |||||||
| |||||||
1 | (h) An information or indictment based upon a violation of | ||||||
2 | any
subsection of this Article need not negative any exemptions | ||||||
3 | contained in
this Article. The defendant shall have the burden | ||||||
4 | of proving such an
exemption.
| ||||||
5 | (i) Nothing in this Article shall prohibit, apply to, or | ||||||
6 | affect
the transportation, carrying, or possession, of any | ||||||
7 | pistol or revolver,
stun gun, taser, or other firearm consigned | ||||||
8 | to a common carrier operating
under license of the State of | ||||||
9 | Illinois or the federal government, where
such transportation, | ||||||
10 | carrying, or possession is incident to the lawful
| ||||||
11 | transportation in which such common carrier is engaged; and | ||||||
12 | nothing in this
Article shall prohibit, apply to, or affect the | ||||||
13 | transportation, carrying,
or possession of any pistol, | ||||||
14 | revolver, stun gun, taser, or other firearm,
not the subject of | ||||||
15 | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | ||||||
16 | this Article, which is unloaded and enclosed in a case, firearm
| ||||||
17 | carrying box, shipping box, or other container, by the | ||||||
18 | possessor of a valid
Firearm Owners Identification Card.
| ||||||
19 | (Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07; | ||||||
20 | 95-885, eff. 1-1-09.)
| ||||||
21 | Section 99. Effective date. This Act takes effect upon | ||||||
22 | becoming law.
|