Bill Text: IL HB2722 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Firearm Owners Identification Card Act, the Firearm Concealed Carry Act, and the Criminal Code of 2012. Provides that a person convicted of various violations concerning the unlawful carrying or possession of a firearm, stun gun, or taser shall, in addition to any penalties provided for the violation, be subject to a mental health evaluation by a physician, qualified examiner, psychiatrist, or clinical psychologist to determine whether the person may be diagnosed with a mental health disorder, verified by a diagnosis contained in the Diagnostic and Statistical Manual of Mental Disorders-Fifth Edition published by the American Psychiatric Association (DSM-V), or its successor, or International Classification of Diseases, 10th Revision, Clinical Modification (ICD-10-CM), or its successor, that substantially impairs a person's cognitive, emotional, or behavioral functioning, or any combination of those.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced) 2017-10-04 - Added Co-Sponsor Rep. Kathleen Willis [HB2722 Detail]

Download: Illinois-2017-HB2722-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2722

Introduced , by Rep. Deb Conroy

SYNOPSIS AS INTRODUCED:
430 ILCS 65/14 from Ch. 38, par. 83-14
430 ILCS 66/70
720 ILCS 5/24-1 from Ch. 38, par. 24-1
720 ILCS 5/24-1.6

Amends the Firearm Owners Identification Card Act, the Firearm Concealed Carry Act, and the Criminal Code of 2012. Provides that a person convicted of various violations concerning the unlawful carrying or possession of a firearm, stun gun, or taser shall, in addition to any penalties provided for the violation, be subject to a mental health evaluation by a physician, qualified examiner, psychiatrist, or clinical psychologist to determine whether the person may be diagnosed with a mental health disorder, verified by a diagnosis contained in the Diagnostic and Statistical Manual of Mental Disorders-Fifth Edition published by the American Psychiatric Association (DSM-V), or its successor, or International Classification of Diseases, 10th Revision, Clinical Modification (ICD-10-CM), or its successor, that substantially impairs a person's cognitive, emotional, or behavioral functioning, or any combination of those.
LRB100 08034 SLF 18119 b

A BILL FOR

HB2722LRB100 08034 SLF 18119 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Firearm Owners Identification Card Act is
5amended by changing Section 14 as follows:
6 (430 ILCS 65/14) (from Ch. 38, par. 83-14)
7 Sec. 14. Sentence.
8 (a) Except as provided in subsection (a-5), a violation of
9paragraph (1) of subsection (a) of Section 2, when the person's
10Firearm Owner's Identification Card is expired but the person
11is not otherwise disqualified from renewing the card, is a
12Class A misdemeanor.
13 (a-5) A violation of paragraph (1) of subsection (a) of
14Section 2, when the person's Firearm Owner's Identification
15Card is expired but the person is not otherwise disqualified
16from owning, purchasing, or possessing firearms, is a petty
17offense if the card was expired for 6 months or less from the
18date of expiration.
19 (b) Except as provided in subsection (a) with respect to an
20expired card, a violation of paragraph (1) of subsection (a) of
21Section 2 is a Class A misdemeanor when the person does not
22possess a currently valid Firearm Owner's Identification Card,
23but is otherwise eligible under this Act. A second or

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1subsequent violation is a Class 4 felony.
2 (c) A violation of paragraph (1) of subsection (a) of
3Section 2 is a Class 3 felony when:
4 (1) the person's Firearm Owner's Identification Card
5 is revoked or subject to revocation under Section 8; or
6 (2) the person's Firearm Owner's Identification Card
7 is expired and not otherwise eligible for renewal under
8 this Act; or
9 (3) the person does not possess a currently valid
10 Firearm Owner's Identification Card, and the person is not
11 otherwise eligible under this Act.
12 In addition to any penalties under this Section, a person
13convicted of a violation of paragraph (1) of subsection (a) of
14Section 2 of this Act and at the time of the offense carries
15any firearm, stun gun, or taser in any prohibited area under
16Section 65 of the Firearm Concealed Carry Act, shall be subject
17to a mental health evaluation by a physician, qualified
18examiner, psychiatrist, or clinical psychologist to determine
19whether the person may be diagnosed with a mental health
20disorder, verified by a diagnosis contained in the Diagnostic
21and Statistical Manual of Mental Disorders-Fifth Edition
22published by the American Psychiatric Association (DSM-V), or
23its successor, or International Classification of Diseases,
2410th Revision, Clinical Modification (ICD-10-CM), or its
25successor, that substantially impairs a person's cognitive,
26emotional, or behavioral functioning, or any combination of

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1those.
2 (d) A violation of subsection (a) of Section 3 is a Class 4
3felony. A third or subsequent conviction is a Class 1 felony.
4 (d-5) Any person who knowingly enters false information on
5an application for a Firearm Owner's Identification Card, who
6knowingly gives a false answer to any question on the
7application, or who knowingly submits false evidence in
8connection with an application is guilty of a Class 2 felony.
9 (e) Except as provided by Section 6.1 of this Act, any
10other violation of this Act is a Class A misdemeanor.
11(Source: P.A. 97-1131, eff. 1-1-13.)
12 Section 10. The Firearm Concealed Carry Act is amended by
13changing Section 70 as follows:
14 (430 ILCS 66/70)
15 Sec. 70. Violations.
16 (a) A license issued or renewed under this Act shall be
17revoked if, at any time, the licensee is found to be ineligible
18for a license under this Act or the licensee no longer meets
19the eligibility requirements of the Firearm Owners
20Identification Card Act.
21 (b) A license shall be suspended if an order of protection,
22including an emergency order of protection, plenary order of
23protection, or interim order of protection under Article 112A
24of the Code of Criminal Procedure of 1963 or under the Illinois

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1Domestic Violence Act of 1986, is issued against a licensee for
2the duration of the order, or if the Department is made aware
3of a similar order issued against the licensee in any other
4jurisdiction. If an order of protection is issued against a
5licensee, the licensee shall surrender the license, as
6applicable, to the court at the time the order is entered or to
7the law enforcement agency or entity serving process at the
8time the licensee is served the order. The court, law
9enforcement agency, or entity responsible for serving the order
10of protection shall notify the Department within 7 days and
11transmit the license to the Department.
12 (c) A license is invalid upon expiration of the license,
13unless the licensee has submitted an application to renew the
14license, and the applicant is otherwise eligible to possess a
15license under this Act.
16 (d) A licensee shall not carry a concealed firearm while
17under the influence of alcohol, other drug or drugs,
18intoxicating compound or combination of compounds, or any
19combination thereof, under the standards set forth in
20subsection (a) of Section 11-501 of the Illinois Vehicle Code.
21 A licensee in violation of this subsection (d) shall be
22guilty of a Class A misdemeanor for a first or second violation
23and a Class 4 felony for a third violation. The Department may
24suspend a license for up to 6 months for a second violation and
25shall permanently revoke a license for a third violation.
26 (e) Except as otherwise provided, a licensee in violation

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1of this Act shall be guilty of a Class B misdemeanor. A second
2or subsequent violation is a Class A misdemeanor. The
3Department may suspend a license for up to 6 months for a
4second violation and shall permanently revoke a license for 3
5or more violations of Section 65 of this Act. Any person
6convicted of a violation under this Section shall pay a $150
7fee to be deposited into the Mental Health Reporting Fund, plus
8any applicable court costs or fees.
9 (f) A licensee convicted or found guilty of a violation of
10this Act who has a valid license and is otherwise eligible to
11carry a concealed firearm shall only be subject to the
12penalties under this Section and shall not be subject to the
13penalties under Section 21-6, paragraph (4), (8), or (10) of
14subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)
15of paragraph (3) of subsection (a) of Section 24-1.6 of the
16Criminal Code of 2012. Except as otherwise provided in this
17subsection, nothing in this subsection prohibits the licensee
18from being subjected to penalties for violations other than
19those specified in this Act.
20 (g) A licensee whose license is revoked, suspended, or
21denied shall, within 48 hours of receiving notice of the
22revocation, suspension, or denial, surrender his or her
23concealed carry license to the local law enforcement agency
24where the person resides. The local law enforcement agency
25shall provide the licensee a receipt and transmit the concealed
26carry license to the Department of State Police. If the

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1licensee whose concealed carry license has been revoked,
2suspended, or denied fails to comply with the requirements of
3this subsection, the law enforcement agency where the person
4resides may petition the circuit court to issue a warrant to
5search for and seize the concealed carry license in the
6possession and under the custody or control of the licensee
7whose concealed carry license has been revoked, suspended, or
8denied. The observation of a concealed carry license in the
9possession of a person whose license has been revoked,
10suspended, or denied constitutes a sufficient basis for the
11arrest of that person for violation of this subsection. A
12violation of this subsection is a Class A misdemeanor.
13 (h) A license issued or renewed under this Act shall be
14revoked if, at any time, the licensee is found ineligible for a
15Firearm Owner's Identification Card, or the licensee no longer
16possesses a valid Firearm Owner's Identification Card. A
17licensee whose license is revoked under this subsection (h)
18shall surrender his or her concealed carry license as provided
19for in subsection (g) of this Section.
20 This subsection shall not apply to a person who has filed
21an application with the State Police for renewal of a Firearm
22Owner's Identification Card and who is not otherwise ineligible
23to obtain a Firearm Owner's Identification Card.
24 (i) A certified firearms instructor who knowingly provides
25or offers to provide a false certification that an applicant
26has completed firearms training as required under this Act is

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1guilty of a Class A misdemeanor. A person guilty of a violation
2of this subsection (i) is not eligible for court supervision.
3The Department shall permanently revoke the firearms
4instructor certification of a person convicted under this
5subsection (i).
6 (j) In addition to any penalties under this Section, a
7person convicted of a violation under Section 65 of this Act
8shall be subject to a mental health evaluation by a physician,
9qualified examiner, psychiatrist, or clinical psychologist to
10determine whether the person may be diagnosed with a mental
11health disorder, verified by a diagnosis contained in the
12Diagnostic and Statistical Manual of Mental Disorders-Fifth
13Edition published by the American Psychiatric Association
14(DSM-V), or its successor, or International Classification of
15Diseases, 10th Revision, Clinical Modification (ICD-10-CM), or
16its successor, that substantially impairs a person's
17cognitive, emotional, or behavioral functioning, or any
18combination of those.
19(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-899,
20eff. 8-15-14.)
21 Section 15. The Criminal Code of 2012 is amended by
22changing Sections 24-1 and 24-1.6 as follows:
23 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
24 Sec. 24-1. Unlawful use of weapons.

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1 (a) A person commits the offense of unlawful use of weapons
2when he knowingly:
3 (1) Sells, manufactures, purchases, possesses or
4 carries any bludgeon, black-jack, slung-shot, sand-club,
5 sand-bag, metal knuckles or other knuckle weapon
6 regardless of its composition, throwing star, or any knife,
7 commonly referred to as a switchblade knife, which has a
8 blade that opens automatically by hand pressure applied to
9 a button, spring or other device in the handle of the
10 knife, or a ballistic knife, which is a device that propels
11 a knifelike blade as a projectile by means of a coil
12 spring, elastic material or compressed gas; or
13 (2) Carries or possesses with intent to use the same
14 unlawfully against another, a dagger, dirk, billy,
15 dangerous knife, razor, stiletto, broken bottle or other
16 piece of glass, stun gun or taser or any other dangerous or
17 deadly weapon or instrument of like character; or
18 (3) Carries on or about his person or in any vehicle, a
19 tear gas gun projector or bomb or any object containing
20 noxious liquid gas or substance, other than an object
21 containing a non-lethal noxious liquid gas or substance
22 designed solely for personal defense carried by a person 18
23 years of age or older; or
24 (4) Carries or possesses in any vehicle or concealed on
25 or about his person except when on his land or in his own
26 abode, legal dwelling, or fixed place of business, or on

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1 the land or in the legal dwelling of another person as an
2 invitee with that person's permission, any pistol,
3 revolver, stun gun or taser or other firearm, except that
4 this subsection (a) (4) does not apply to or affect
5 transportation of weapons that meet one of the following
6 conditions:
7 (i) are broken down in a non-functioning state; or
8 (ii) are not immediately accessible; or
9 (iii) are unloaded and enclosed in a case, firearm
10 carrying box, shipping box, or other container by a
11 person who has been issued a currently valid Firearm
12 Owner's Identification Card; or
13 (iv) are carried or possessed in accordance with
14 the Firearm Concealed Carry Act by a person who has
15 been issued a currently valid license under the Firearm
16 Concealed Carry Act; or
17 (5) Sets a spring gun; or
18 (6) Possesses any device or attachment of any kind
19 designed, used or intended for use in silencing the report
20 of any firearm; or
21 (7) Sells, manufactures, purchases, possesses or
22 carries:
23 (i) a machine gun, which shall be defined for the
24 purposes of this subsection as any weapon, which
25 shoots, is designed to shoot, or can be readily
26 restored to shoot, automatically more than one shot

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1 without manually reloading by a single function of the
2 trigger, including the frame or receiver of any such
3 weapon, or sells, manufactures, purchases, possesses,
4 or carries any combination of parts designed or
5 intended for use in converting any weapon into a
6 machine gun, or any combination or parts from which a
7 machine gun can be assembled if such parts are in the
8 possession or under the control of a person;
9 (ii) any rifle having one or more barrels less than
10 16 inches in length or a shotgun having one or more
11 barrels less than 18 inches in length or any weapon
12 made from a rifle or shotgun, whether by alteration,
13 modification, or otherwise, if such a weapon as
14 modified has an overall length of less than 26 inches;
15 or
16 (iii) any bomb, bomb-shell, grenade, bottle or
17 other container containing an explosive substance of
18 over one-quarter ounce for like purposes, such as, but
19 not limited to, black powder bombs and Molotov
20 cocktails or artillery projectiles; or
21 (8) Carries or possesses any firearm, stun gun or taser
22 or other deadly weapon in any place which is licensed to
23 sell intoxicating beverages, or at any public gathering
24 held pursuant to a license issued by any governmental body
25 or any public gathering at which an admission is charged,
26 excluding a place where a showing, demonstration or lecture

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1 involving the exhibition of unloaded firearms is
2 conducted.
3 This subsection (a)(8) does not apply to any auction or
4 raffle of a firearm held pursuant to a license or permit
5 issued by a governmental body, nor does it apply to persons
6 engaged in firearm safety training courses; or
7 (9) Carries or possesses in a vehicle or on or about
8 his person any pistol, revolver, stun gun or taser or
9 firearm or ballistic knife, when he is hooded, robed or
10 masked in such manner as to conceal his identity; or
11 (10) Carries or possesses on or about his person, upon
12 any public street, alley, or other public lands within the
13 corporate limits of a city, village or incorporated town,
14 except when an invitee thereon or therein, for the purpose
15 of the display of such weapon or the lawful commerce in
16 weapons, or except when on his land or in his own abode,
17 legal dwelling, or fixed place of business, or on the land
18 or in the legal dwelling of another person as an invitee
19 with that person's permission, any pistol, revolver, stun
20 gun or taser or other firearm, except that this subsection
21 (a) (10) does not apply to or affect transportation of
22 weapons that meet one of the following conditions:
23 (i) are broken down in a non-functioning state; or
24 (ii) are not immediately accessible; or
25 (iii) are unloaded and enclosed in a case, firearm
26 carrying box, shipping box, or other container by a

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1 person who has been issued a currently valid Firearm
2 Owner's Identification Card; or
3 (iv) are carried or possessed in accordance with
4 the Firearm Concealed Carry Act by a person who has
5 been issued a currently valid license under the Firearm
6 Concealed Carry Act.
7 A "stun gun or taser", as used in this paragraph (a)
8 means (i) any device which is powered by electrical
9 charging units, such as, batteries, and which fires one or
10 several barbs attached to a length of wire and which, upon
11 hitting a human, can send out a current capable of
12 disrupting the person's nervous system in such a manner as
13 to render him incapable of normal functioning or (ii) any
14 device which is powered by electrical charging units, such
15 as batteries, and which, upon contact with a human or
16 clothing worn by a human, can send out current capable of
17 disrupting the person's nervous system in such a manner as
18 to render him incapable of normal functioning; or
19 (11) Sells, manufactures or purchases any explosive
20 bullet. For purposes of this paragraph (a) "explosive
21 bullet" means the projectile portion of an ammunition
22 cartridge which contains or carries an explosive charge
23 which will explode upon contact with the flesh of a human
24 or an animal. "Cartridge" means a tubular metal case having
25 a projectile affixed at the front thereof and a cap or
26 primer at the rear end thereof, with the propellant

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1 contained in such tube between the projectile and the cap;
2 or
3 (12) (Blank); or
4 (13) Carries or possesses on or about his or her person
5 while in a building occupied by a unit of government, a
6 billy club, other weapon of like character, or other
7 instrument of like character intended for use as a weapon.
8 For the purposes of this Section, "billy club" means a
9 short stick or club commonly carried by police officers
10 which is either telescopic or constructed of a solid piece
11 of wood or other man-made material.
12 (b) Sentence. A person convicted of a violation of
13subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
14subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
15Class A misdemeanor. A person convicted of a violation of
16subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
17person convicted of a violation of subsection 24-1(a)(6) or
1824-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
19convicted of a violation of subsection 24-1(a)(7)(i) commits a
20Class 2 felony and shall be sentenced to a term of imprisonment
21of not less than 3 years and not more than 7 years, unless the
22weapon is possessed in the passenger compartment of a motor
23vehicle as defined in Section 1-146 of the Illinois Vehicle
24Code, or on the person, while the weapon is loaded, in which
25case it shall be a Class X felony. A person convicted of a
26second or subsequent violation of subsection 24-1(a)(4),

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124-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
2felony. The possession of each weapon in violation of this
3Section constitutes a single and separate violation.
4 (c) Violations in specific places.
5 (1) A person who violates subsection 24-1(a)(6) or
6 24-1(a)(7) in any school, regardless of the time of day or
7 the time of year, in residential property owned, operated
8 or managed by a public housing agency or leased by a public
9 housing agency as part of a scattered site or mixed-income
10 development, in a public park, in a courthouse, on the real
11 property comprising any school, regardless of the time of
12 day or the time of year, on residential property owned,
13 operated or managed by a public housing agency or leased by
14 a public housing agency as part of a scattered site or
15 mixed-income development, on the real property comprising
16 any public park, on the real property comprising any
17 courthouse, in any conveyance owned, leased or contracted
18 by a school to transport students to or from school or a
19 school related activity, in any conveyance owned, leased,
20 or contracted by a public transportation agency, or on any
21 public way within 1,000 feet of the real property
22 comprising any school, public park, courthouse, public
23 transportation facility, or residential property owned,
24 operated, or managed by a public housing agency or leased
25 by a public housing agency as part of a scattered site or
26 mixed-income development commits a Class 2 felony and shall

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1 be sentenced to a term of imprisonment of not less than 3
2 years and not more than 7 years.
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, in
18 any conveyance owned, leased, or contracted by a public
19 transportation agency, or on any public way within 1,000
20 feet of the real property comprising any school, public
21 park, courthouse, public transportation facility, or
22 residential property owned, operated, or managed by a
23 public housing agency or leased by a public housing agency
24 as part of a scattered site or mixed-income development
25 commits a Class 3 felony.
26 (2) A person who violates subsection 24-1(a)(1),

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1 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
2 time of day or the time of year, in residential property
3 owned, operated or managed by a public housing agency or
4 leased by a public housing agency as part of a scattered
5 site or mixed-income development, in a public park, in a
6 courthouse, on the real property comprising any school,
7 regardless of the time of day or the time of year, on
8 residential property owned, operated or managed by a public
9 housing agency or leased by a public housing agency as part
10 of a scattered site or mixed-income development, on the
11 real property comprising any public park, on the real
12 property comprising any courthouse, in any conveyance
13 owned, leased or contracted by a school to transport
14 students to or from school or a school related activity, in
15 any conveyance owned, leased, or contracted by a public
16 transportation agency, or on any public way within 1,000
17 feet of the real property comprising any school, public
18 park, courthouse, public transportation facility, or
19 residential property owned, operated, or managed by a
20 public housing agency or leased by a public housing agency
21 as part of a scattered site or mixed-income development
22 commits a Class 4 felony. "Courthouse" means any building
23 that is used by the Circuit, Appellate, or Supreme Court of
24 this State for the conduct of official business.
25 (2.5) A person convicted of a violation of subsection
26 24-1(a)(4) or 24-1(a)(10) shall, in addition to any

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1 penalties under this Section, be subject to a mental health
2 evaluation by a physician, qualified examiner,
3 psychiatrist, or clinical psychologist to determine
4 whether the person may be diagnosed with a mental health
5 disorder, verified by a diagnosis contained in the
6 Diagnostic and Statistical Manual of Mental
7 Disorders-Fifth Edition published by the American
8 Psychiatric Association (DSM-V), or its successor, or
9 International Classification of Diseases, 10th Revision,
10 Clinical Modification (ICD-10-CM), or its successor, that
11 substantially impairs a person's cognitive, emotional, or
12 behavioral functioning, or any combination of those.
13 (3) Paragraphs (1), (1.5), and (2) of this subsection
14 (c) shall not apply to law enforcement officers or security
15 officers of such school, college, or university or to
16 students carrying or possessing firearms for use in
17 training courses, parades, hunting, target shooting on
18 school ranges, or otherwise with the consent of school
19 authorities and which firearms are transported unloaded
20 enclosed in a suitable case, box, or transportation
21 package.
22 (4) For the purposes of this subsection (c), "school"
23 means any public or private elementary or secondary school,
24 community college, college, or university.
25 (5) For the purposes of this subsection (c), "public
26 transportation agency" means a public or private agency

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1 that provides for the transportation or conveyance of
2 persons by means available to the general public, except
3 for transportation by automobiles not used for conveyance
4 of the general public as passengers; and "public
5 transportation facility" means a terminal or other place
6 where one may obtain public transportation.
7 (d) The presence in an automobile other than a public
8omnibus of any weapon, instrument or substance referred to in
9subsection (a)(7) is prima facie evidence that it is in the
10possession of, and is being carried by, all persons occupying
11such automobile at the time such weapon, instrument or
12substance is found, except under the following circumstances:
13(i) if such weapon, instrument or instrumentality is found upon
14the person of one of the occupants therein; or (ii) if such
15weapon, instrument or substance is found in an automobile
16operated for hire by a duly licensed driver in the due, lawful
17and proper pursuit of his trade, then such presumption shall
18not apply to the driver.
19 (e) Exemptions. Crossbows, Common or Compound bows and
20Underwater Spearguns are exempted from the definition of
21ballistic knife as defined in paragraph (1) of subsection (a)
22of this Section.
23(Source: P.A. 99-29, eff. 7-10-15.)
24 (720 ILCS 5/24-1.6)
25 Sec. 24-1.6. Aggravated unlawful use of a weapon.

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1 (a) A person commits the offense of aggravated unlawful use
2of a weapon when he or she knowingly:
3 (1) Carries on or about his or her person or in any
4 vehicle or concealed on or about his or her person except
5 when on his or her land or in his or her abode, legal
6 dwelling, or fixed place of business, or on the land or in
7 the legal dwelling of another person as an invitee with
8 that person's permission, any pistol, revolver, stun gun or
9 taser or other firearm; or
10 (2) Carries or possesses on or about his or her person,
11 upon any public street, alley, or other public lands within
12 the corporate limits of a city, village or incorporated
13 town, except when an invitee thereon or therein, for the
14 purpose of the display of such weapon or the lawful
15 commerce in weapons, or except when on his or her own land
16 or in his or her own abode, legal dwelling, or fixed place
17 of business, or on the land or in the legal dwelling of
18 another person as an invitee with that person's permission,
19 any pistol, revolver, stun gun or taser or other firearm;
20 and
21 (3) One of the following factors is present:
22 (A) the firearm, other than a pistol, revolver, or
23 handgun, possessed was uncased, loaded, and
24 immediately accessible at the time of the offense; or
25 (A-5) the pistol, revolver, or handgun possessed
26 was uncased, loaded, and immediately accessible at the

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1 time of the offense and the person possessing the
2 pistol, revolver, or handgun has not been issued a
3 currently valid license under the Firearm Concealed
4 Carry Act; or
5 (B) the firearm, other than a pistol, revolver, or
6 handgun, possessed was uncased, unloaded, and the
7 ammunition for the weapon was immediately accessible
8 at the time of the offense; or
9 (B-5) the pistol, revolver, or handgun possessed
10 was uncased, unloaded, and the ammunition for the
11 weapon was immediately accessible at the time of the
12 offense and the person possessing the pistol,
13 revolver, or handgun has not been issued a currently
14 valid license under the Firearm Concealed Carry Act; or
15 (C) the person possessing the firearm has not been
16 issued a currently valid Firearm Owner's
17 Identification Card; or
18 (D) the person possessing the weapon was
19 previously adjudicated a delinquent minor under the
20 Juvenile Court Act of 1987 for an act that if committed
21 by an adult would be a felony; or
22 (E) the person possessing the weapon was engaged in
23 a misdemeanor violation of the Cannabis Control Act, in
24 a misdemeanor violation of the Illinois Controlled
25 Substances Act, or in a misdemeanor violation of the
26 Methamphetamine Control and Community Protection Act;

HB2722- 21 -LRB100 08034 SLF 18119 b
1 or
2 (F) (blank); or
3 (G) the person possessing the weapon had an a order
4 of protection issued against him or her within the
5 previous 2 years; or
6 (H) the person possessing the weapon was engaged in
7 the commission or attempted commission of a
8 misdemeanor involving the use or threat of violence
9 against the person or property of another; or
10 (I) the person possessing the weapon was under 21
11 years of age and in possession of a handgun, unless the
12 person under 21 is engaged in lawful activities under
13 the Wildlife Code or described in subsection
14 24-2(b)(1), (b)(3), or 24-2(f).
15 (a-5) "Handgun" as used in this Section has the meaning
16given to it in Section 5 of the Firearm Concealed Carry Act.
17 (b) "Stun gun or taser" as used in this Section has the
18same definition given to it in Section 24-1 of this Code.
19 (c) This Section does not apply to or affect the
20transportation or possession of weapons that:
21 (i) are broken down in a non-functioning state; or
22 (ii) are not immediately accessible; or
23 (iii) are unloaded and enclosed in a case, firearm
24 carrying box, shipping box, or other container by a person
25 who has been issued a currently valid Firearm Owner's
26 Identification Card.

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1 (d) Sentence.
2 (1) Aggravated unlawful use of a weapon is a Class 4
3 felony; a second or subsequent offense is a Class 2 felony
4 for which the person shall be sentenced to a term of
5 imprisonment of not less than 3 years and not more than 7
6 years.
7 (2) Except as otherwise provided in paragraphs (3) and
8 (4) of this subsection (d), a first offense of aggravated
9 unlawful use of a weapon committed with a firearm by a
10 person 18 years of age or older where the factors listed in
11 both items (A) and (C) or both items (A-5) and (C) of
12 paragraph (3) of subsection (a) are present is a Class 4
13 felony, for which the person shall be sentenced to a term
14 of imprisonment of not less than one year and not more than
15 3 years.
16 (3) Aggravated unlawful use of a weapon by a person who
17 has been previously convicted of a felony in this State or
18 another jurisdiction is a Class 2 felony for which the
19 person shall be sentenced to a term of imprisonment of not
20 less than 3 years and not more than 7 years.
21 (4) Aggravated unlawful use of a weapon while wearing
22 or in possession of body armor as defined in Section 33F-1
23 by a person who has not been issued a valid Firearms
24 Owner's Identification Card in accordance with Section 5 of
25 the Firearm Owners Identification Card Act is a Class X
26 felony.

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1 (5) A person convicted of a violation of this Section
2 shall, in addition to any penalties under this Section, be
3 subject to a mental health evaluation by a physician,
4 qualified examiner, psychiatrist, or clinical psychologist
5 to determine whether the person may be diagnosed with a
6 mental health disorder, verified by a diagnosis contained
7 in the Diagnostic and Statistical Manual of Mental
8 Disorders-Fifth Edition published by the American
9 Psychiatric Association (DSM-V), or its successor, or
10 International Classification of Diseases, 10th Revision,
11 Clinical Modification (ICD-10-CM), or its successor, that
12 substantially impairs a person's cognitive, emotional, or
13 behavioral functioning, or any combination of those.
14 (e) The possession of each firearm in violation of this
15Section constitutes a single and separate violation.
16(Source: P.A. 98-63, eff. 7-9-13; revised 10-6-16.)
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