Bill Text: IL HB5529 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: Amends the Criminal Code of 2012. Changes the name of the offense of unlawful use of weapons to unlawful possession of weapons. Makes similar changes to the names of the offenses of aggravated unlawful use of weapons, unlawful use or possession of weapons by felons or persons in the custody of Department of Corrections facilities, unlawful use of firearm projectiles, and unlawful use of a firearm in the shape of a wireless telephone. Makes conforming changes.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2022-03-22 - Added Co-Sponsor Rep. Kambium Buckner [HB5529 Detail]
Download: Illinois-2021-HB5529-Introduced.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 2012 is amended by | |||||||||||||||||||||||||||||
5 | changing Sections 24-1, 24-1.1, 24-1.6, 24-1.7, 24-2.1, and | |||||||||||||||||||||||||||||
6 | 24-3.6 as follows:
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7 | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
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8 | Sec. 24-1. Unlawful possession use of weapons.
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9 | (a) A person commits the offense of unlawful possession | |||||||||||||||||||||||||||||
10 | use of weapons when
he knowingly:
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11 | (1) Sells, manufactures, purchases, possesses or | |||||||||||||||||||||||||||||
12 | carries any bludgeon,
black-jack, slung-shot, sand-club, | |||||||||||||||||||||||||||||
13 | sand-bag, metal knuckles or other knuckle weapon | |||||||||||||||||||||||||||||
14 | regardless of its composition, throwing star,
or any | |||||||||||||||||||||||||||||
15 | knife, commonly referred to as a switchblade knife, which | |||||||||||||||||||||||||||||
16 | has a
blade that opens automatically by hand pressure | |||||||||||||||||||||||||||||
17 | applied to a button,
spring or other device in the handle | |||||||||||||||||||||||||||||
18 | of the knife, or a ballistic knife,
which is a device that | |||||||||||||||||||||||||||||
19 | propels a knifelike blade as a projectile by means
of a | |||||||||||||||||||||||||||||
20 | coil spring, elastic material or compressed gas; or
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21 | (2) Carries or possesses with intent to use the same | |||||||||||||||||||||||||||||
22 | unlawfully
against another, a dagger, dirk, billy, | |||||||||||||||||||||||||||||
23 | dangerous knife, razor,
stiletto, broken bottle or other |
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1 | piece of glass, stun gun or taser or
any other dangerous or | ||||||
2 | deadly weapon or instrument of like character; or
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3 | (2.5) Carries or possesses with intent to use the same | ||||||
4 | unlawfully against another, any firearm in a church, | ||||||
5 | synagogue, mosque, or other building, structure, or place | ||||||
6 | used for religious worship; or | ||||||
7 | (3) Carries on or about his person or in any vehicle, a | ||||||
8 | tear gas gun
projector or bomb or any object containing | ||||||
9 | noxious liquid gas or
substance, other than an object | ||||||
10 | containing a non-lethal noxious liquid gas
or substance | ||||||
11 | designed solely for personal defense carried by a person | ||||||
12 | 18
years of age or older; or
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13 | (4) Carries or possesses in any vehicle or concealed | ||||||
14 | on or about his
person except when on his land or in his | ||||||
15 | own abode, legal dwelling, or fixed place of
business, or | ||||||
16 | on the land or in the legal dwelling of another person as | ||||||
17 | an invitee with that person's permission, any pistol, | ||||||
18 | revolver, stun gun or taser or other firearm, except
that
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19 | this subsection (a) (4) does not apply to or affect | ||||||
20 | transportation of weapons
that meet one of the following | ||||||
21 | conditions:
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22 | (i) are broken down in a non-functioning state; or
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23 | (ii) are not immediately accessible; or
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24 | (iii) are unloaded and enclosed in a case, firearm | ||||||
25 | carrying box,
shipping box, or other container by a | ||||||
26 | person who has been issued a currently
valid Firearm |
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1 | Owner's
Identification Card; or | ||||||
2 | (iv) are carried or possessed in accordance with | ||||||
3 | the Firearm Concealed Carry Act by a person who has | ||||||
4 | been issued a currently valid license under the | ||||||
5 | Firearm Concealed Carry Act; or
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6 | (5) Sets a spring gun; or
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7 | (6) Possesses any device or attachment of any kind | ||||||
8 | designed, used or
intended for use in silencing the report | ||||||
9 | of any firearm; or
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10 | (7) Sells, manufactures, purchases, possesses or | ||||||
11 | carries:
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12 | (i) a machine gun, which shall be defined for the | ||||||
13 | purposes of this
subsection as any weapon,
which | ||||||
14 | shoots, is designed to shoot, or can be readily | ||||||
15 | restored to shoot,
automatically more than one shot | ||||||
16 | without manually reloading by a single
function of the | ||||||
17 | trigger, including the frame or receiver
of any such | ||||||
18 | weapon, or sells, manufactures, purchases, possesses, | ||||||
19 | or
carries any combination of parts designed or | ||||||
20 | intended for
use in converting any weapon into a | ||||||
21 | machine gun, or any combination or
parts from which a | ||||||
22 | machine gun can be assembled if such parts are in the
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23 | possession or under the control of a person;
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24 | (ii) any rifle having one or
more barrels less | ||||||
25 | than 16 inches in length or a shotgun having one or | ||||||
26 | more
barrels less than 18 inches in length or any |
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1 | weapon made from a rifle or
shotgun, whether by | ||||||
2 | alteration, modification, or otherwise, if such a | ||||||
3 | weapon
as modified has an overall length of less than | ||||||
4 | 26 inches; or
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5 | (iii) any
bomb, bomb-shell, grenade, bottle or | ||||||
6 | other container containing an
explosive substance of | ||||||
7 | over one-quarter ounce for like purposes, such
as, but | ||||||
8 | not limited to, black powder bombs and Molotov | ||||||
9 | cocktails or
artillery projectiles; or
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10 | (8) Carries or possesses any firearm, stun gun or | ||||||
11 | taser or other
deadly weapon in any place which is | ||||||
12 | licensed to sell intoxicating
beverages, or at any public | ||||||
13 | gathering held pursuant to a license issued
by any | ||||||
14 | governmental body or any public gathering at which an | ||||||
15 | admission
is charged, excluding a place where a showing, | ||||||
16 | demonstration or lecture
involving the exhibition of | ||||||
17 | unloaded firearms is conducted.
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18 | This subsection (a)(8) does not apply to any auction | ||||||
19 | or raffle of a firearm
held pursuant to
a license or permit | ||||||
20 | issued by a governmental body, nor does it apply to | ||||||
21 | persons
engaged
in firearm safety training courses; or
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22 | (9) Carries or possesses in a vehicle or on or about | ||||||
23 | his or her person any
pistol, revolver, stun gun or taser | ||||||
24 | or firearm or ballistic knife, when
he or she is hooded, | ||||||
25 | robed or masked in such manner as to conceal his or her | ||||||
26 | identity; or
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1 | (10) Carries or possesses on or about his or her | ||||||
2 | person, upon any public street,
alley, or other public | ||||||
3 | lands within the corporate limits of a city, village,
or | ||||||
4 | incorporated town, except when an invitee thereon or | ||||||
5 | therein, for the
purpose of the display of such weapon or | ||||||
6 | the lawful commerce in weapons, or
except when on his land | ||||||
7 | or in his or her own abode, legal dwelling, or fixed place | ||||||
8 | of business, or on the land or in the legal dwelling of | ||||||
9 | another person as an invitee with that person's | ||||||
10 | permission, any
pistol, revolver, stun gun, or taser or | ||||||
11 | other firearm, except that this
subsection (a) (10) does | ||||||
12 | not apply to or affect transportation of weapons that
meet | ||||||
13 | one of the following conditions:
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14 | (i) are broken down in a non-functioning state; or
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15 | (ii) are not immediately accessible; or
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16 | (iii) are unloaded and enclosed in a case, firearm | ||||||
17 | carrying box,
shipping box, or other container by a | ||||||
18 | person who has been issued a currently
valid Firearm | ||||||
19 | Owner's
Identification Card; or
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20 | (iv) are carried or possessed in accordance with | ||||||
21 | the Firearm Concealed Carry Act by a person who has | ||||||
22 | been issued a currently valid license under the | ||||||
23 | Firearm Concealed Carry Act. | ||||||
24 | A "stun gun or taser", as used in this paragraph (a) | ||||||
25 | means (i) any device
which is powered by electrical | ||||||
26 | charging units, such as, batteries, and
which fires one or |
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1 | several barbs attached to a length of wire and
which, upon | ||||||
2 | hitting a human, can send out a current capable of | ||||||
3 | disrupting
the person's nervous system in such a manner as | ||||||
4 | to render him incapable of
normal functioning or (ii) any | ||||||
5 | device which is powered by electrical
charging units, such | ||||||
6 | as batteries, and which, upon contact with a human or
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7 | clothing worn by a human, can send out current capable of | ||||||
8 | disrupting
the person's nervous system in such a manner as | ||||||
9 | to render him incapable
of normal functioning; or
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10 | (11) Sells, manufactures, or purchases any explosive | ||||||
11 | bullet. For purposes
of this paragraph (a) "explosive | ||||||
12 | bullet" means the projectile portion of
an ammunition | ||||||
13 | cartridge which contains or carries an explosive charge | ||||||
14 | which
will explode upon contact with the flesh of a human | ||||||
15 | or an animal.
"Cartridge" means a tubular metal case | ||||||
16 | having a projectile affixed at the
front thereof and a cap | ||||||
17 | or primer at the rear end thereof, with the
propellant | ||||||
18 | contained in such tube between the projectile and the cap; | ||||||
19 | or
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20 | (12) (Blank); or
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21 | (13) Carries or possesses on or about his or her | ||||||
22 | person while in a building occupied by a unit of | ||||||
23 | government, a billy club, other weapon of like character, | ||||||
24 | or other instrument of like character intended for use as | ||||||
25 | a weapon. For the purposes of this Section, "billy club" | ||||||
26 | means a short stick or club commonly carried by police |
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1 | officers which is either telescopic or constructed of a | ||||||
2 | solid piece of wood or other man-made material. | ||||||
3 | (b) Sentence. A person convicted of a violation of | ||||||
4 | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
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5 | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | ||||||
6 | Class A
misdemeanor.
A person convicted of a violation of | ||||||
7 | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; | ||||||
8 | a person
convicted of a violation of subsection 24-1(a)(6) or | ||||||
9 | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | ||||||
10 | convicted of a violation of subsection
24-1(a)(7)(i) commits a | ||||||
11 | Class 2 felony and shall be sentenced to a term of imprisonment | ||||||
12 | of not less than 3 years and not more than 7 years, unless the | ||||||
13 | weapon is possessed in the
passenger compartment of a motor | ||||||
14 | vehicle as defined in Section 1-146 of the
Illinois Vehicle | ||||||
15 | Code, or on the person, while the weapon is loaded, in which
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16 | case it shall be a Class X felony. A person convicted of a
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17 | second or subsequent violation of subsection 24-1(a)(4), | ||||||
18 | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 | ||||||
19 | felony. A person convicted of a violation of subsection | ||||||
20 | 24-1(a)(2.5) commits a Class 2 felony. The possession of each | ||||||
21 | weapon in violation of this Section constitutes a single and | ||||||
22 | separate violation.
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23 | (c) Violations in specific places.
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24 | (1) A person who violates subsection 24-1(a)(6) or | ||||||
25 | 24-1(a)(7) in any
school, regardless of the time of day or | ||||||
26 | the time of year, in residential
property owned, operated |
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1 | or managed by a public housing agency or
leased by
a public | ||||||
2 | housing agency as part of a scattered site or mixed-income
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3 | development, in a
public park, in a courthouse, on the | ||||||
4 | real property comprising any school,
regardless of the
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5 | time of day or the time of year, on residential property | ||||||
6 | owned, operated
or
managed by a public housing agency
or | ||||||
7 | leased by a public housing agency as part of a scattered | ||||||
8 | site or
mixed-income development,
on the real property | ||||||
9 | comprising any
public park, on the real property | ||||||
10 | comprising any courthouse, in any conveyance
owned, leased | ||||||
11 | or contracted by a school to
transport students to or from | ||||||
12 | school or a school related activity, in any conveyance
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13 | owned, leased, or contracted by a public transportation | ||||||
14 | agency, or on any
public way within 1,000 feet of the real | ||||||
15 | property comprising any school,
public park, courthouse, | ||||||
16 | public transportation facility, or residential property | ||||||
17 | owned, operated, or managed
by a public housing agency
or | ||||||
18 | leased by a public housing agency as part of a scattered | ||||||
19 | site or
mixed-income development
commits a Class 2 felony | ||||||
20 | and shall be sentenced to a term of imprisonment of not | ||||||
21 | less than 3 years and not more than 7 years.
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22 | (1.5) A person who violates subsection 24-1(a)(4), | ||||||
23 | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of | ||||||
24 | the time of day or the time of year,
in residential | ||||||
25 | property owned, operated, or managed by a public
housing
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26 | agency
or leased by a public housing agency as part of a |
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1 | scattered site or
mixed-income development,
in
a public
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2 | park, in a courthouse, on the real property comprising any | ||||||
3 | school, regardless
of the time of day or the time of year, | ||||||
4 | on residential property owned,
operated, or managed by a | ||||||
5 | public housing agency
or leased by a public housing agency | ||||||
6 | as part of a scattered site or
mixed-income development,
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7 | on the real property
comprising any public park, on the | ||||||
8 | real property comprising any courthouse, in
any conveyance | ||||||
9 | owned, leased, or contracted by a school to transport | ||||||
10 | students
to or from school or a school related activity, | ||||||
11 | in any conveyance
owned, leased, or contracted by a public | ||||||
12 | transportation agency, or on any public way within
1,000 | ||||||
13 | feet of the real property comprising any school, public | ||||||
14 | park, courthouse,
public transportation facility, or | ||||||
15 | residential property owned, operated, or managed by a | ||||||
16 | public
housing agency
or leased by a public housing agency | ||||||
17 | as part of a scattered site or
mixed-income development
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18 | commits a Class 3 felony.
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19 | (2) A person who violates subsection 24-1(a)(1), | ||||||
20 | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | ||||||
21 | time of day or the time of year, in
residential property | ||||||
22 | owned, operated or managed by a public housing
agency
or | ||||||
23 | leased by a public housing agency as part of a scattered | ||||||
24 | site or
mixed-income development,
in
a public park, in a | ||||||
25 | courthouse, on the real property comprising any school,
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26 | regardless of the time of day or the time of year, on |
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1 | residential property
owned, operated or managed by a | ||||||
2 | public housing agency
or leased by a public housing agency | ||||||
3 | as part of a scattered site or
mixed-income development,
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4 | on the real property
comprising any public park, on the | ||||||
5 | real property comprising any courthouse, in
any conveyance | ||||||
6 | owned, leased or contracted by a school to transport | ||||||
7 | students
to or from school or a school related activity, | ||||||
8 | in any conveyance
owned, leased, or contracted by a public | ||||||
9 | transportation agency, or on any public way within
1,000 | ||||||
10 | feet of the real property comprising any school, public | ||||||
11 | park, courthouse,
public transportation facility, or | ||||||
12 | residential property owned, operated, or managed by a | ||||||
13 | public
housing agency or leased by a public housing agency | ||||||
14 | as part of a scattered
site or mixed-income development | ||||||
15 | commits a Class 4 felony. "Courthouse"
means any building | ||||||
16 | that is used by the Circuit, Appellate, or Supreme Court | ||||||
17 | of
this State for the conduct of official business.
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18 | (3) Paragraphs (1), (1.5), and (2) of this subsection | ||||||
19 | (c) shall not
apply to law
enforcement officers or | ||||||
20 | security officers of such school, college, or
university | ||||||
21 | or to students carrying or possessing firearms for use in | ||||||
22 | training
courses, parades, hunting, target shooting on | ||||||
23 | school ranges, or otherwise with
the consent of school | ||||||
24 | authorities and which firearms are transported unloaded
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25 | enclosed in a suitable case, box, or transportation | ||||||
26 | package.
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1 | (4) For the purposes of this subsection (c), "school" | ||||||
2 | means any public or
private elementary or secondary | ||||||
3 | school, community college, college, or
university.
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4 | (5) For the purposes of this subsection (c), "public | ||||||
5 | transportation agency" means a public or private agency | ||||||
6 | that provides for the transportation or conveyance of
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7 | persons by means available to the general public, except | ||||||
8 | for transportation
by automobiles not used for conveyance | ||||||
9 | of the general public as passengers; and "public | ||||||
10 | transportation facility" means a terminal or other place
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11 | where one may obtain public transportation.
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12 | (d) The presence in an automobile other than a public | ||||||
13 | omnibus of any
weapon, instrument or substance referred to in | ||||||
14 | subsection (a)(7) is
prima facie evidence that it is in the | ||||||
15 | possession of, and is being
carried by, all persons occupying | ||||||
16 | such automobile at the time such
weapon, instrument or | ||||||
17 | substance is found, except under the following
circumstances: | ||||||
18 | (i) if such weapon, instrument or instrumentality is
found | ||||||
19 | upon the person of one of the occupants therein; or (ii) if | ||||||
20 | such
weapon, instrument or substance is found in an automobile | ||||||
21 | operated for
hire by a duly licensed driver in the due, lawful | ||||||
22 | and proper pursuit of
his or her trade, then such presumption | ||||||
23 | shall not apply to the driver.
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24 | (e) Exemptions. | ||||||
25 | (1) Crossbows, Common or Compound bows and Underwater
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26 | Spearguns are exempted from the definition of ballistic |
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1 | knife as defined in
paragraph (1) of subsection (a) of | ||||||
2 | this Section. | ||||||
3 | (2) The provision of paragraph (1) of subsection (a) | ||||||
4 | of this Section prohibiting the sale, manufacture, | ||||||
5 | purchase, possession, or carrying of any knife, commonly | ||||||
6 | referred to as a switchblade knife, which has a
blade that | ||||||
7 | opens automatically by hand pressure applied to a button,
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8 | spring or other device in the handle of the knife, does not | ||||||
9 | apply to a person who possesses a currently valid Firearm | ||||||
10 | Owner's Identification Card previously issued in his or | ||||||
11 | her name by the Illinois State Police or to a person or an | ||||||
12 | entity engaged in the business of selling or manufacturing | ||||||
13 | switchblade knives.
| ||||||
14 | (Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21.)
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15 | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
| ||||||
16 | Sec. 24-1.1. Unlawful use or possession of weapons by | ||||||
17 | felons or
persons in the custody of the
Department of | ||||||
18 | Corrections facilities. | ||||||
19 | (a) It is unlawful
for a person to knowingly possess on or | ||||||
20 | about his person or on his land or
in his own abode or fixed | ||||||
21 | place of business any weapon prohibited under
Section 24-1 of | ||||||
22 | this Act or any firearm or any firearm ammunition if the
person | ||||||
23 | has been convicted of a felony under the laws of this State or | ||||||
24 | any
other jurisdiction. This Section shall not apply if the | ||||||
25 | person has been
granted relief by the Director of the Illinois |
| |||||||
| |||||||
1 | State Police
under Section 10 of the Firearm Owners | ||||||
2 | Identification
Card Act.
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3 | (b) It is unlawful for any person confined in a penal | ||||||
4 | institution,
which is a facility of the Illinois Department of | ||||||
5 | Corrections, to possess
any weapon prohibited under Section | ||||||
6 | 24-1 of this Code or any firearm or
firearm ammunition, | ||||||
7 | regardless of the intent with which he possesses it.
| ||||||
8 | (c) It shall be an affirmative defense to a violation of | ||||||
9 | subsection (b), that such possession was specifically | ||||||
10 | authorized by rule,
regulation, or directive of the Illinois | ||||||
11 | Department of Corrections or order
issued pursuant thereto.
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12 | (d) The defense of necessity is not available to a person | ||||||
13 | who is charged
with a violation of subsection (b) of this | ||||||
14 | Section.
| ||||||
15 | (e) Sentence. Violation of this Section by a person not | ||||||
16 | confined
in a penal institution shall be a Class 3 felony
for | ||||||
17 | which the person shall be sentenced to no less than 2 years and | ||||||
18 | no
more than 10 years. A second or subsequent violation of this | ||||||
19 | Section shall be a Class 2 felony for which the person shall be | ||||||
20 | sentenced to a term of imprisonment of not less than 3 years | ||||||
21 | and not more than 14 years, except as provided for in Section | ||||||
22 | 5-4.5-110 of the Unified Code of Corrections. Violation of | ||||||
23 | this Section by a person not confined in a
penal institution | ||||||
24 | who has been convicted of a forcible felony, a felony
| ||||||
25 | violation of Article 24 of this Code or of the Firearm Owners | ||||||
26 | Identification
Card Act, stalking or aggravated stalking, or a |
| |||||||
| |||||||
1 | Class 2 or greater felony
under the Illinois Controlled | ||||||
2 | Substances Act, the Cannabis Control Act, or the | ||||||
3 | Methamphetamine Control and Community Protection Act is a
| ||||||
4 | Class 2 felony for which the person
shall be sentenced to not | ||||||
5 | less than 3 years and not more than 14 years, except as | ||||||
6 | provided for in Section 5-4.5-110 of the Unified Code of | ||||||
7 | Corrections.
Violation of this Section by a person who is on | ||||||
8 | parole or mandatory supervised
release is a Class 2 felony for | ||||||
9 | which the person shall be sentenced to not less than 3 years | ||||||
10 | and not more than 14
years, except as provided for in Section | ||||||
11 | 5-4.5-110 of the Unified Code of Corrections. Violation of | ||||||
12 | this Section by a person not confined in a penal
institution is | ||||||
13 | a Class X felony when the firearm possessed is a machine gun.
| ||||||
14 | Any person who violates this Section while confined in a penal
| ||||||
15 | institution, which is a facility of the Illinois Department of
| ||||||
16 | Corrections, is guilty of a Class 1
felony, if he possesses any | ||||||
17 | weapon prohibited under Section 24-1 of this
Code regardless | ||||||
18 | of the intent with which he possesses it, a Class X
felony if | ||||||
19 | he possesses any firearm, firearm ammunition or explosive, and | ||||||
20 | a
Class X felony for which the offender shall be sentenced to | ||||||
21 | not less than 12
years and not more than 50 years when the | ||||||
22 | firearm possessed is a machine
gun. A violation of this | ||||||
23 | Section while wearing or in possession of body armor as | ||||||
24 | defined in Section 33F-1 is a Class X felony punishable by a | ||||||
25 | term of imprisonment of not less than 10 years and not more | ||||||
26 | than 40 years.
The possession of each firearm or firearm |
| |||||||
| |||||||
1 | ammunition in violation of this Section constitutes a single | ||||||
2 | and separate violation.
| ||||||
3 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
4 | (720 ILCS 5/24-1.6) | ||||||
5 | Sec. 24-1.6. Aggravated unlawful possession use of a | ||||||
6 | weapon. | ||||||
7 | (a) A person commits the offense of aggravated unlawful | ||||||
8 | possession use of a weapon when
he or she knowingly: | ||||||
9 | (1) Carries on or about his or her person or in any | ||||||
10 | vehicle or concealed
on or about his or her person except | ||||||
11 | when on his or her land or in his or her
abode, legal | ||||||
12 | dwelling, or fixed place of business, or on the land or in | ||||||
13 | the legal dwelling of another person as an invitee with | ||||||
14 | that person's permission, any pistol, revolver, stun gun | ||||||
15 | or taser or
other firearm; or | ||||||
16 | (2) Carries or possesses on or about his or her | ||||||
17 | person, upon any public
street, alley, or other public | ||||||
18 | lands within the corporate limits of a city,
village or | ||||||
19 | incorporated town, except when an invitee thereon or | ||||||
20 | therein, for
the purpose of the display of such weapon or | ||||||
21 | the lawful commerce in weapons, or
except when on his or | ||||||
22 | her own land or in his or her own abode, legal dwelling, or | ||||||
23 | fixed place of
business, or on the land or in the legal | ||||||
24 | dwelling of another person as an invitee with that | ||||||
25 | person's permission, any pistol, revolver, stun gun or |
| |||||||
| |||||||
1 | taser or other firearm; and | ||||||
2 | (3) One of the following factors is present: | ||||||
3 | (A) the firearm, other than a pistol, revolver, or | ||||||
4 | handgun, possessed was uncased, loaded, and | ||||||
5 | immediately accessible
at the time of the offense; or | ||||||
6 | (A-5) the pistol, revolver, or handgun possessed | ||||||
7 | was uncased, loaded, and immediately accessible
at the | ||||||
8 | time of the offense and the person possessing the | ||||||
9 | pistol, revolver, or handgun has not been issued a | ||||||
10 | currently valid license under the Firearm Concealed | ||||||
11 | Carry Act; or | ||||||
12 | (B) the firearm, other than a pistol, revolver, or | ||||||
13 | handgun, possessed was uncased, unloaded, and the | ||||||
14 | ammunition for
the weapon was immediately accessible | ||||||
15 | at the time of the offense; or | ||||||
16 | (B-5) the pistol, revolver, or handgun possessed | ||||||
17 | was uncased, unloaded, and the ammunition for
the | ||||||
18 | weapon was immediately accessible at the time of the | ||||||
19 | offense and the person possessing the pistol, | ||||||
20 | revolver, or handgun has not been issued a currently | ||||||
21 | valid license under the Firearm Concealed Carry Act; | ||||||
22 | or | ||||||
23 | (C) the person possessing the firearm has not been | ||||||
24 | issued a currently
valid Firearm Owner's | ||||||
25 | Identification Card; or | ||||||
26 | (D) the person possessing the weapon was |
| |||||||
| |||||||
1 | previously adjudicated
a delinquent minor under the | ||||||
2 | Juvenile Court Act of 1987 for an act that if
committed | ||||||
3 | by an adult would be a felony; or | ||||||
4 | (E) the person possessing the weapon was engaged | ||||||
5 | in a misdemeanor
violation of the Cannabis
Control | ||||||
6 | Act, in a misdemeanor violation of the Illinois | ||||||
7 | Controlled Substances
Act, or in a misdemeanor | ||||||
8 | violation of the Methamphetamine Control and Community | ||||||
9 | Protection Act; or | ||||||
10 | (F) (blank); or | ||||||
11 | (G) the person possessing the weapon had an order | ||||||
12 | of protection issued
against him or her within the | ||||||
13 | previous 2 years; or | ||||||
14 | (H) the person possessing the weapon was engaged | ||||||
15 | in the commission or
attempted commission of
a | ||||||
16 | misdemeanor involving the use or threat of violence | ||||||
17 | against
the person or property of another; or | ||||||
18 | (I) the person possessing the weapon was under 21 | ||||||
19 | years of age and in
possession of a handgun, unless the | ||||||
20 | person under 21
is engaged in lawful activities under | ||||||
21 | the Wildlife Code or described in
subsection | ||||||
22 | 24-2(b)(1), (b)(3), or 24-2(f). | ||||||
23 | (a-5) "Handgun" as used in this Section has the meaning | ||||||
24 | given to it in Section 5 of the Firearm Concealed Carry Act. | ||||||
25 | (b) "Stun gun or taser" as used in this Section has the | ||||||
26 | same definition
given to it in Section 24-1 of this Code. |
| |||||||
| |||||||
1 | (c) This Section does not apply to or affect the | ||||||
2 | transportation or
possession
of weapons that: | ||||||
3 | (i) are broken down in a non-functioning state; or | ||||||
4 | (ii) are not immediately accessible; or | ||||||
5 | (iii) are unloaded and enclosed in a case, firearm | ||||||
6 | carrying box,
shipping box, or other container by a person | ||||||
7 | who has been issued a currently
valid Firearm Owner's
| ||||||
8 | Identification Card. | ||||||
9 | (d) Sentence. | ||||||
10 | (1) Aggravated unlawful possession use of a weapon is | ||||||
11 | a Class 4 felony;
a second or subsequent offense is a Class | ||||||
12 | 2 felony for which the person shall be sentenced to a term | ||||||
13 | of imprisonment of not less than 3 years and not more than | ||||||
14 | 7 years, except as provided for in Section 5-4.5-110 of | ||||||
15 | the Unified Code of Corrections. | ||||||
16 | (2) Except as otherwise provided in paragraphs (3) and | ||||||
17 | (4) of this subsection (d), a first offense of aggravated | ||||||
18 | unlawful possession use of a weapon committed with a | ||||||
19 | firearm by a person 18 years of age or older where the | ||||||
20 | factors listed in both items (A) and (C) or both items | ||||||
21 | (A-5) and (C) of paragraph (3) of subsection (a) are | ||||||
22 | present is a Class 4 felony, for which the person shall be | ||||||
23 | sentenced to a term of imprisonment of not less than one | ||||||
24 | year and not more than 3 years. | ||||||
25 | (3) Aggravated unlawful possession use of
a weapon by | ||||||
26 | a person who has been previously
convicted of a felony in |
| |||||||
| |||||||
1 | this State or another jurisdiction is a Class 2
felony for | ||||||
2 | which the person shall be sentenced to a term of | ||||||
3 | imprisonment of not less than 3 years and not more than 7 | ||||||
4 | years, except as provided for in Section 5-4.5-110 of the | ||||||
5 | Unified Code of Corrections. | ||||||
6 | (4) Aggravated unlawful possession use of a weapon | ||||||
7 | while wearing or in possession of body armor as defined in | ||||||
8 | Section 33F-1 by a person who has not been issued a valid | ||||||
9 | Firearms Owner's Identification Card in accordance with | ||||||
10 | Section 5 of the Firearm Owners Identification Card Act is | ||||||
11 | a Class X felony.
| ||||||
12 | (e) The possession of each firearm in violation of this | ||||||
13 | Section constitutes a single and separate violation. | ||||||
14 | (Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17 .)
| ||||||
15 | (720 ILCS 5/24-1.7) | ||||||
16 | Sec. 24-1.7. Armed habitual criminal. | ||||||
17 | (a) A person commits the offense of being an armed | ||||||
18 | habitual
criminal if he or she receives, sells, possesses, or | ||||||
19 | transfers
any firearm after having been convicted a total of 2 | ||||||
20 | or more
times of any combination of the following offenses: | ||||||
21 | (1) a forcible felony as defined in Section 2-8 of | ||||||
22 | this Code; | ||||||
23 | (2) unlawful possession use of a weapon by a felon; | ||||||
24 | aggravated unlawful possession use of a weapon; aggravated | ||||||
25 | discharge of a firearm; vehicular hijacking; aggravated |
| |||||||
| |||||||
1 | vehicular hijacking; aggravated battery of a child as | ||||||
2 | described in Section 12-4.3 or subdivision (b)(1) of | ||||||
3 | Section 12-3.05;
intimidation; aggravated intimidation; | ||||||
4 | gunrunning; home invasion; or aggravated battery with a | ||||||
5 | firearm as described in Section 12-4.2 or subdivision | ||||||
6 | (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05; or | ||||||
7 | (3) any violation of the Illinois Controlled | ||||||
8 | Substances
Act or the Cannabis Control Act that is | ||||||
9 | punishable as a Class 3
felony or higher. | ||||||
10 | (b) Sentence. Being an armed habitual criminal is a Class | ||||||
11 | X
felony.
| ||||||
12 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
13 | (720 ILCS 5/24-2.1) (from Ch. 38, par. 24-2.1)
| ||||||
14 | Sec. 24-2.1. Unlawful possession use of firearm | ||||||
15 | projectiles.
| ||||||
16 | (a) A person commits the offense of unlawful possession | ||||||
17 | use of firearm projectiles
when he or she knowingly | ||||||
18 | manufactures, sells, purchases, possesses, or carries
any | ||||||
19 | armor piercing bullet, dragon's breath shotgun shell,
bolo | ||||||
20 | shell, or flechette shell.
| ||||||
21 | For the purposes of this Section:
| ||||||
22 | "Armor piercing bullet" means
any handgun bullet or | ||||||
23 | handgun ammunition with projectiles or projectile cores
| ||||||
24 | constructed entirely (excluding the presence of traces of | ||||||
25 | other substances)
from
tungsten alloys, steel, iron, brass, |
| |||||||
| |||||||
1 | bronze, beryllium copper
or depleted uranium, or fully | ||||||
2 | jacketed bullets larger than
22 caliber designed and intended | ||||||
3 | for use in a handgun and whose jacket has a
weight of more than | ||||||
4 | 25% of the total weight of the projectile, and excluding
those | ||||||
5 | handgun
projectiles whose cores are composed of soft materials | ||||||
6 | such as lead or lead
alloys, zinc or zinc alloys, frangible | ||||||
7 | projectiles designed primarily for
sporting purposes, and any
| ||||||
8 | other projectiles or projectile cores that the U. S. Secretary | ||||||
9 | of the Treasury
finds to be primarily intended to be used for | ||||||
10 | sporting purposes or industrial
purposes or that otherwise | ||||||
11 | does not constitute "armor piercing ammunition" as
that term | ||||||
12 | is defined by federal law.
| ||||||
13 | The definition contained herein shall not be construed to | ||||||
14 | include shotgun
shells.
| ||||||
15 | "Dragon's breath shotgun shell" means any shotgun shell | ||||||
16 | that contains
exothermic pyrophoric mesh metal as the | ||||||
17 | projectile and is designed for the
purpose of throwing or | ||||||
18 | spewing a flame or fireball to simulate a flame-thrower.
| ||||||
19 | "Bolo shell" means any shell that can be fired in a firearm | ||||||
20 | and expels as
projectiles 2 or more metal balls connected by | ||||||
21 | solid metal wire.
| ||||||
22 | "Flechette shell" means any shell that can be fired in a | ||||||
23 | firearm and expels
2 or more pieces of fin-stabilized solid | ||||||
24 | metal wire or 2 or more solid
dart-type projectiles.
| ||||||
25 | (b) Exemptions. This Section does not apply to or affect | ||||||
26 | any of the
following:
|
| |||||||
| |||||||
1 | (1) Peace officers.
| ||||||
2 | (2) Wardens, superintendents and keepers of prisons, | ||||||
3 | penitentiaries, jails
and other institutions for the | ||||||
4 | detention of persons accused or convicted of an
offense.
| ||||||
5 | (3) Members of the Armed Services or Reserve Forces of | ||||||
6 | the United States
or the Illinois National Guard while in | ||||||
7 | the performance of their official
duties.
| ||||||
8 | (4) Federal officials required to carry firearms, | ||||||
9 | while engaged in the
performance of their official duties.
| ||||||
10 | (5) United States Marshals, while engaged in the | ||||||
11 | performance of their
official duties.
| ||||||
12 | (6) Persons licensed under federal law to manufacture, | ||||||
13 | import, or sell
firearms and firearm ammunition, and | ||||||
14 | actually engaged in any such business,
but only with | ||||||
15 | respect to activities which are within the lawful scope of
| ||||||
16 | such business, such as the manufacture, transportation, or | ||||||
17 | testing of such
bullets or ammunition.
| ||||||
18 | This exemption does not authorize the general private | ||||||
19 | possession of any
armor
piercing bullet,
dragon's breath | ||||||
20 | shotgun shell, bolo shell, or
flechette shell,
but only | ||||||
21 | such possession and activities
which are within the lawful | ||||||
22 | scope of a licensed business described in this
paragraph.
| ||||||
23 | (7) Laboratories having a department of forensic | ||||||
24 | ballistics or
specializing
in the development of | ||||||
25 | ammunition or explosive ordnance.
| ||||||
26 | (8) Manufacture, transportation, or sale of armor |
| |||||||
| |||||||
1 | piercing
bullets, dragon's breath shotgun shells, bolo | ||||||
2 | shells, or
flechette shells
to persons specifically | ||||||
3 | authorized under paragraphs (1) through (7) of this
| ||||||
4 | subsection to possess such bullets or shells.
| ||||||
5 | (c) An information or indictment based upon a violation of | ||||||
6 | this Section
need not negate any exemption herein contained. | ||||||
7 | The defendant shall have
the burden of proving such an | ||||||
8 | exemption.
| ||||||
9 | (d) Sentence. A person convicted of unlawful possession | ||||||
10 | use of armor
piercing bullets
shall be guilty of a Class 3 | ||||||
11 | felony.
| ||||||
12 | (Source: P.A. 92-423, eff. 1-1-02.)
| ||||||
13 | (720 ILCS 5/24-3.6)
| ||||||
14 | Sec. 24-3.6.
Unlawful possession use of a
firearm in the | ||||||
15 | shape of a wireless telephone.
| ||||||
16 | (a) For the purposes of this Section, "wireless telephone" | ||||||
17 | means a
device that is capable of
transmitting or receiving | ||||||
18 | telephonic communications without a wire connecting
the device | ||||||
19 | to the telephone network.
| ||||||
20 | (b) A person commits the offense of unlawful possession | ||||||
21 | use of a
firearm in the shape of a wireless telephone when he | ||||||
22 | or she manufactures,
sells, transfers, purchases, possesses, | ||||||
23 | or carries a firearm shaped or designed
to appear
as a wireless
| ||||||
24 | telephone.
| ||||||
25 | (c) This Section does not apply to or affect the sale to or |
| |||||||
| |||||||
1 | possession of a
firearm in the shape of a wireless telephone by | ||||||
2 | a peace officer.
| ||||||
3 | (d) Sentence. Unlawful possession use of a
firearm in the | ||||||
4 | shape of a wireless telephone is a Class 4 felony.
| ||||||
5 | (Source: P.A. 92-155, eff. 1-1-02.)
|