Bill Text: IL HB2866 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Makes a technical change in a Section concerning the unlawful use of weapons.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-02-16 - Referred to Rules Committee [HB2866 Detail]

Download: Illinois-2023-HB2866-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2866 Introduced , by Rep. Frances Ann Hurley SYNOPSIS AS INTRODUCED:
720 ILCS 5/24-1 from Ch. 38, par. 24-1
Amends the Criminal Code of 2012. Makes a technical change in a Section concerning the unlawful use of weapons.
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A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by
changing Section 24-1 as follows:
(720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
Sec. 24-1. Unlawful use of weapons.
(a) A person commits the the offense of unlawful use of
weapons when he knowingly:
(1) Sells, manufactures, purchases, possesses or
carries any bludgeon, black-jack, slung-shot, sand-club,
sand-bag, metal knuckles or other knuckle weapon
regardless of its composition, throwing star, or any
knife, commonly referred to as a switchblade knife, which
has a blade that opens automatically by hand pressure
applied to a button, spring or other device in the handle
of the knife, or a ballistic knife, which is a device that
propels a knifelike blade as a projectile by means of a
coil spring, elastic material or compressed gas; or
(2) Carries or possesses with intent to use the same
unlawfully against another, a dagger, dirk, billy,
dangerous knife, razor, stiletto, broken bottle or other
piece of glass, stun gun or taser or any other dangerous or

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deadly weapon or instrument of like character; or
(2.5) Carries or possesses with intent to use the same
unlawfully against another, any firearm in a church,
synagogue, mosque, or other building, structure, or place
used for religious worship; or
(3) Carries on or about his person or in any vehicle, a
tear gas gun projector or bomb or any object containing
noxious liquid gas or substance, other than an object
containing a non-lethal noxious liquid gas or substance
designed solely for personal defense carried by a person
18 years of age or older; or
(4) Carries or possesses in any vehicle or concealed
on or about his person except when on his land or in his
own abode, legal dwelling, or fixed place of business, or
on the land or in the legal dwelling of another person as
an invitee with that person's permission, any pistol,
revolver, stun gun or taser or other firearm, except that
this subsection (a)(4) does not apply to or affect
transportation of weapons that meet one of the following
conditions:
(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container by a
person who has been issued a currently valid Firearm
Owner's Identification Card; or

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(iv) are carried or possessed in accordance with
the Firearm Concealed Carry Act by a person who has
been issued a currently valid license under the
Firearm Concealed Carry Act; or
(5) Sets a spring gun; or
(6) Possesses any device or attachment of any kind
designed, used or intended for use in silencing the report
of any firearm; or
(7) Sells, manufactures, purchases, possesses or
carries:
(i) a machine gun, which shall be defined for the
purposes of this subsection as any weapon, which
shoots, is designed to shoot, or can be readily
restored to shoot, automatically more than one shot
without manually reloading by a single function of the
trigger, including the frame or receiver of any such
weapon, or sells, manufactures, purchases, possesses,
or carries any combination of parts designed or
intended for use in converting any weapon into a
machine gun, or any combination or parts from which a
machine gun can be assembled if such parts are in the
possession or under the control of a person;
(ii) any rifle having one or more barrels less
than 16 inches in length or a shotgun having one or
more barrels less than 18 inches in length or any
weapon made from a rifle or shotgun, whether by

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alteration, modification, or otherwise, if such a
weapon as modified has an overall length of less than
26 inches; or
(iii) any bomb, bomb-shell, grenade, bottle or
other container containing an explosive substance of
over one-quarter ounce for like purposes, such as, but
not limited to, black powder bombs and Molotov
cocktails or artillery projectiles; or
(8) Carries or possesses any firearm, stun gun or
taser or other deadly weapon in any place which is
licensed to sell intoxicating beverages, or at any public
gathering held pursuant to a license issued by any
governmental body or any public gathering at which an
admission is charged, excluding a place where a showing,
demonstration or lecture involving the exhibition of
unloaded firearms is conducted.
This subsection (a)(8) does not apply to any auction
or raffle of a firearm held pursuant to a license or permit
issued by a governmental body, nor does it apply to
persons engaged in firearm safety training courses; or
(9) Carries or possesses in a vehicle or on or about
his or her person any pistol, revolver, stun gun or taser
or firearm or ballistic knife, when he or she is hooded,
robed or masked in such manner as to conceal his or her
identity; or
(10) Carries or possesses on or about his or her

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person, upon any public street, alley, or other public
lands within the corporate limits of a city, village, or
incorporated town, except when an invitee thereon or
therein, for the purpose of the display of such weapon or
the lawful commerce in weapons, or except when on his land
or in his or her own abode, legal dwelling, or fixed place
of business, or on the land or in the legal dwelling of
another person as an invitee with that person's
permission, any pistol, revolver, stun gun, or taser or
other firearm, except that this subsection (a)(10) does
not apply to or affect transportation of weapons that meet
one of the following conditions:
(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container by a
person who has been issued a currently valid Firearm
Owner's Identification Card; or
(iv) are carried or possessed in accordance with
the Firearm Concealed Carry Act by a person who has
been issued a currently valid license under the
Firearm Concealed Carry Act.
A "stun gun or taser", as used in this paragraph (a)
means (i) any device which is powered by electrical
charging units, such as, batteries, and which fires one or
several barbs attached to a length of wire and which, upon

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hitting a human, can send out a current capable of
disrupting the person's nervous system in such a manner as
to render him incapable of normal functioning or (ii) any
device which is powered by electrical charging units, such
as batteries, and which, upon contact with a human or
clothing worn by a human, can send out current capable of
disrupting the person's nervous system in such a manner as
to render him incapable of normal functioning; or
(11) Sells, manufactures, delivers, imports,
possesses, or purchases any assault weapon attachment or
.50 caliber cartridge in violation of Section 24-1.9 or
any explosive bullet. For purposes of this paragraph (a)
"explosive bullet" means the projectile portion of an
ammunition cartridge which contains or carries an
explosive charge which will explode upon contact with the
flesh of a human or an animal. "Cartridge" means a tubular
metal case having a projectile affixed at the front
thereof and a cap or primer at the rear end thereof, with
the propellant contained in such tube between the
projectile and the cap; or
(12) (Blank); or
(13) Carries or possesses on or about his or her
person while in a building occupied by a unit of
government, a billy club, other weapon of like character,
or other instrument of like character intended for use as
a weapon. For the purposes of this Section, "billy club"

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means a short stick or club commonly carried by police
officers which is either telescopic or constructed of a
solid piece of wood or other man-made material; or
(14) Manufactures, possesses, sells, or offers to
sell, purchase, manufacture, import, transfer, or use any
device, part, kit, tool, accessory, or combination of
parts that is designed to and functions to increase the
rate of fire of a semiautomatic firearm above the standard
rate of fire for semiautomatic firearms that is not
equipped with that device, part, or combination of parts;
or
(15) Carries or possesses any assault weapon or .50
caliber rifle in violation of Section 24-1.9; or
(16) Manufactures, sells, delivers, imports, or
purchases any assault weapon or .50 caliber rifle in
violation of Section 24-1.9.
(b) Sentence. A person convicted of a violation of
subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
subsection 24-1(a)(11), subsection 24-1(a)(13), or 24-1(a)(15)
commits a Class A misdemeanor. A person convicted of a
violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a person convicted of a violation of
subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or
24-1(a)(16) commits a Class 3 felony. A person convicted of a
violation of subsection 24-1(a)(7)(i) commits a Class 2 felony
and shall be sentenced to a term of imprisonment of not less

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than 3 years and not more than 7 years, unless the weapon is
possessed in the passenger compartment of a motor vehicle as
defined in Section 1-146 of the Illinois Vehicle Code, or on
the person, while the weapon is loaded, in which case it shall
be a Class X felony. A person convicted of a second or
subsequent violation of subsection 24-1(a)(4), 24-1(a)(8),
24-1(a)(9), 24-1(a)(10), or 24-1(a)(15) commits a Class 3
felony. A person convicted of a violation of subsection
24-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The
possession of each weapon or device in violation of this
Section constitutes a single and separate violation.
(c) Violations in specific places.
(1) A person who violates subsection 24-1(a)(6) or
24-1(a)(7) in any school, regardless of the time of day or
the time of year, in residential property owned, operated
or managed by a public housing agency or leased by a public
housing agency as part of a scattered site or mixed-income
development, in a public park, in a courthouse, on the
real property comprising any school, regardless of the
time of day or the time of year, on residential property
owned, operated or managed by a public housing agency or
leased by a public housing agency as part of a scattered
site or mixed-income development, on the real property
comprising any public park, on the real property
comprising any courthouse, in any conveyance owned, leased
or contracted by a school to transport students to or from

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school or a school related activity, in any conveyance
owned, leased, or contracted by a public transportation
agency, or on any public way within 1,000 feet of the real
property comprising any school, public park, courthouse,
public transportation facility, or residential property
owned, operated, or managed by a public housing agency or
leased by a public housing agency as part of a scattered
site or mixed-income development commits a Class 2 felony
and shall be sentenced to a term of imprisonment of not
less than 3 years and not more than 7 years.
(1.5) A person who violates subsection 24-1(a)(4),
24-1(a)(9), or 24-1(a)(10) in any school, regardless of
the time of day or the time of year, in residential
property owned, operated, or managed by a public housing
agency or leased by a public housing agency as part of a
scattered site or mixed-income development, in a public
park, in a courthouse, on the real property comprising any
school, regardless of the time of day or the time of year,
on residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development,
on the real property comprising any public park, on the
real property comprising any courthouse, in any conveyance
owned, leased, or contracted by a school to transport
students to or from school or a school related activity,
in any conveyance owned, leased, or contracted by a public

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transportation agency, or on any public way within 1,000
feet of the real property comprising any school, public
park, courthouse, public transportation facility, or
residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development
commits a Class 3 felony.
(2) A person who violates subsection 24-1(a)(1),
24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
time of day or the time of year, in residential property
owned, operated or managed by a public housing agency or
leased by a public housing agency as part of a scattered
site or mixed-income development, in a public park, in a
courthouse, on the real property comprising any school,
regardless of the time of day or the time of year, on
residential property owned, operated or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development,
on the real property comprising any public park, on the
real property comprising any courthouse, in any conveyance
owned, leased or contracted by a school to transport
students to or from school or a school related activity,
in any conveyance owned, leased, or contracted by a public
transportation agency, or on any public way within 1,000
feet of the real property comprising any school, public
park, courthouse, public transportation facility, or

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residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development
commits a Class 4 felony. "Courthouse" means any building
that is used by the Circuit, Appellate, or Supreme Court
of this State for the conduct of official business.
(3) Paragraphs (1), (1.5), and (2) of this subsection
(c) shall not apply to law enforcement officers or
security officers of such school, college, or university
or to students carrying or possessing firearms for use in
training courses, parades, hunting, target shooting on
school ranges, or otherwise with the consent of school
authorities and which firearms are transported unloaded
enclosed in a suitable case, box, or transportation
package.
(4) For the purposes of this subsection (c), "school"
means any public or private elementary or secondary
school, community college, college, or university.
(5) For the purposes of this subsection (c), "public
transportation agency" means a public or private agency
that provides for the transportation or conveyance of
persons by means available to the general public, except
for transportation by automobiles not used for conveyance
of the general public as passengers; and "public
transportation facility" means a terminal or other place
where one may obtain public transportation.

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(d) The presence in an automobile other than a public
omnibus of any weapon, instrument or substance referred to in
subsection (a)(7) is prima facie evidence that it is in the
possession of, and is being carried by, all persons occupying
such automobile at the time such weapon, instrument or
substance is found, except under the following circumstances:
(i) if such weapon, instrument or instrumentality is found
upon the person of one of the occupants therein; or (ii) if
such weapon, instrument or substance is found in an automobile
operated for hire by a duly licensed driver in the due, lawful
and proper pursuit of his or her trade, then such presumption
shall not apply to the driver.
(e) Exemptions.
(1) Crossbows, Common or Compound bows and Underwater
Spearguns are exempted from the definition of ballistic
knife as defined in paragraph (1) of subsection (a) of
this Section.
(2) The provision of paragraph (1) of subsection (a)
of this Section prohibiting the sale, manufacture,
purchase, possession, or carrying of any knife, commonly
referred to as a switchblade knife, which has a blade that
opens automatically by hand pressure applied to a button,
spring or other device in the handle of the knife, does not
apply to a person who possesses a currently valid Firearm
Owner's Identification Card previously issued in his or
her name by the Illinois State Police or to a person or an

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entity engaged in the business of selling or manufacturing
switchblade knives.
(Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21;
102-1116, eff. 1-10-23.)