Bill Text: IL SB3289 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Amends the Criminal Code of 2012. Re-enacts the provision making it a Class 3 felony for a person to violate the prohibition on carrying or possessing a firearm on or about his or her person, except as otherwise authorized by law, within 1,000 feet of a public park. Provides the purpose of the re-enactment is intended to remove any question as to the validity or content of those provisions. Effective immediately.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-01-09 - Session Sine Die [SB3289 Detail]
Download: Illinois-2017-SB3289-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 1. Purpose. | |||||||||||||||||||
5 | (a) The General Assembly finds and declares that:
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6 | (1) Paragraph (1.5) of subsection (c) of Section 24-1 | |||||||||||||||||||
7 | of the Criminal Code of 2012 contains a provision making it | |||||||||||||||||||
8 | a Class 3 felony for a person to violate the prohibition on | |||||||||||||||||||
9 | carrying or possessing a firearm on or about his or her | |||||||||||||||||||
10 | person, except as otherwise authorized by law, within 1,000 | |||||||||||||||||||
11 | feet of a public park in addition to other specified | |||||||||||||||||||
12 | locations.
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13 | (2) On February 1, 2018, the Illinois Supreme Court, in | |||||||||||||||||||
14 | People v.
Julio Chairez, Docket No. 121417, ruled that | |||||||||||||||||||
15 | paragraph (1.5) of subsection (c) of Section 24-1 of the | |||||||||||||||||||
16 | Criminal Code of 2012 as applied to possessing or carrying | |||||||||||||||||||
17 | a firearm within 1,000 feet of a public park violates the | |||||||||||||||||||
18 | defendant's right to keep and bear arms under the second | |||||||||||||||||||
19 | amendment to the United States Constitution, but found it | |||||||||||||||||||
20 | severable from the remaining portions of the statute. | |||||||||||||||||||
21 | However, in reaching its holding
the Illinois Supreme Court | |||||||||||||||||||
22 | found the offense in the case occurred prior to the | |||||||||||||||||||
23 | enactment of Public Act 98-63 (effective July 9, 2013) | |||||||||||||||||||
24 | which enacted the Firearm Concealed Carry Act and amended |
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1 | various other statutes including the unlawful use of | ||||||
2 | weapons provisions in Section 24-1 of the Criminal Code of | ||||||
3 | 2012; therefore, the Court made clear in its opinion that | ||||||
4 | neither the Firearm Concealed Carry Act nor the amended | ||||||
5 | unlawful use of weapons statute currently in effect were at | ||||||
6 | issue in the case.
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7 | (3) Based upon the Illinois Supreme Court's | ||||||
8 | determination in the above-cited case that its ruling did | ||||||
9 | not affect the statutes as subsequently amended by Public | ||||||
10 | Act 98-63 and therefore those provisions including | ||||||
11 | paragraph (1.5) of subsection (c) of Section 24-1 of the | ||||||
12 | Criminal Code of 2012 within the amended scheme of firearm | ||||||
13 | possession and use continue to have a presumption of | ||||||
14 | constitutionality and enforceability. However, since the | ||||||
15 | firearm provision concerning unlawful possession or | ||||||
16 | carrying of firearms near public parks is of vital concern | ||||||
17 | to the people of this State and legislative action
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18 | concerning the provisions of paragraph (1.5) of subsection | ||||||
19 | (c) of Section 24-1 of the Criminal Code of 2012 at issue | ||||||
20 | in the above-cited case is necessary.
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21 | (b) It is the purpose of this Act to re-enact certain | ||||||
22 | criminal provisions
of paragraph (1.5) of subsection (c) of | ||||||
23 | Section 24-1 of the Criminal Code of 2012.
This re-enactment is | ||||||
24 | intended to
remove any question as to the validity or content | ||||||
25 | of those provisions.
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1 | Section 5. The Criminal Code of 2012 is amended by changing | ||||||
2 | Section 24-1 as follows:
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3 | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
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4 | Sec. 24-1. Unlawful use of weapons.
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5 | (a) A person commits the offense of unlawful use of weapons | ||||||
6 | when
he knowingly:
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7 | (1) Sells, manufactures, purchases, possesses or | ||||||
8 | carries any bludgeon,
black-jack, slung-shot, sand-club, | ||||||
9 | sand-bag, metal knuckles or other knuckle weapon | ||||||
10 | regardless of its composition, throwing star,
or any knife, | ||||||
11 | commonly referred to as a switchblade knife, which has a
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12 | blade that opens automatically by hand pressure applied to | ||||||
13 | a button,
spring or other device in the handle of the | ||||||
14 | knife, or a ballistic knife,
which is a device that propels | ||||||
15 | a knifelike blade as a projectile by means
of a coil | ||||||
16 | spring, elastic material or compressed gas; or
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17 | (2) Carries or possesses with intent to use the same | ||||||
18 | unlawfully
against another, a dagger, dirk, billy, | ||||||
19 | dangerous knife, razor,
stiletto, broken bottle or other | ||||||
20 | piece of glass, stun gun or taser or
any other dangerous or | ||||||
21 | deadly weapon or instrument of like character; or
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22 | (3) Carries on or about his person or in any vehicle, a | ||||||
23 | tear gas gun
projector or bomb or any object containing | ||||||
24 | noxious liquid gas or
substance, other than an object | ||||||
25 | containing a non-lethal noxious liquid gas
or substance |
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1 | designed solely for personal defense carried by a person 18
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2 | years of age or older; or
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3 | (4) Carries or possesses in any vehicle or concealed on | ||||||
4 | or about his
person except when on his land or in his own | ||||||
5 | abode, legal dwelling, or fixed place of
business, or on | ||||||
6 | the land or in the legal dwelling of another person as an | ||||||
7 | invitee with that person's permission, any pistol, | ||||||
8 | revolver, stun gun or taser or other firearm, except
that
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9 | this subsection (a) (4) does not apply to or affect | ||||||
10 | transportation of weapons
that meet one of the following | ||||||
11 | conditions:
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12 | (i) are broken down in a non-functioning state; or
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13 | (ii) are not immediately accessible; or
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14 | (iii) are unloaded and enclosed in a case, firearm | ||||||
15 | carrying box,
shipping box, or other container by a | ||||||
16 | person who has been issued a currently
valid Firearm | ||||||
17 | Owner's
Identification Card; or | ||||||
18 | (iv) are carried or possessed in accordance with | ||||||
19 | the Firearm Concealed Carry Act by a person who has | ||||||
20 | been issued a currently valid license under the Firearm | ||||||
21 | Concealed Carry Act; or
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22 | (5) Sets a spring gun; or
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23 | (6) Possesses any device or attachment of any kind | ||||||
24 | designed, used or
intended for use in silencing the report | ||||||
25 | of any firearm; or
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26 | (7) Sells, manufactures, purchases, possesses or |
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1 | carries:
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2 | (i) a machine gun, which shall be defined for the | ||||||
3 | purposes of this
subsection as any weapon,
which | ||||||
4 | shoots, is designed to shoot, or can be readily | ||||||
5 | restored to shoot,
automatically more than one shot | ||||||
6 | without manually reloading by a single
function of the | ||||||
7 | trigger, including the frame or receiver
of any such | ||||||
8 | weapon, or sells, manufactures, purchases, possesses, | ||||||
9 | or
carries any combination of parts designed or | ||||||
10 | intended for
use in converting any weapon into a | ||||||
11 | machine gun, or any combination or
parts from which a | ||||||
12 | machine gun can be assembled if such parts are in the
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13 | possession or under the control of a person;
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14 | (ii) any rifle having one or
more barrels less than | ||||||
15 | 16 inches in length or a shotgun having one or more
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16 | barrels less than 18 inches in length or any weapon | ||||||
17 | made from a rifle or
shotgun, whether by alteration, | ||||||
18 | modification, or otherwise, if such a weapon
as | ||||||
19 | modified has an overall length of less than 26 inches; | ||||||
20 | or
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21 | (iii) any
bomb, bomb-shell, grenade, bottle or | ||||||
22 | other container containing an
explosive substance of | ||||||
23 | over one-quarter ounce for like purposes, such
as, but | ||||||
24 | not limited to, black powder bombs and Molotov | ||||||
25 | cocktails or
artillery projectiles; or
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26 | (8) Carries or possesses any firearm, stun gun or taser |
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1 | or other
deadly weapon in any place which is licensed to | ||||||
2 | sell intoxicating
beverages, or at any public gathering | ||||||
3 | held pursuant to a license issued
by any governmental body | ||||||
4 | or any public gathering at which an admission
is charged, | ||||||
5 | excluding a place where a showing, demonstration or lecture
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6 | involving the exhibition of unloaded firearms is | ||||||
7 | conducted.
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8 | This subsection (a)(8) does not apply to any auction or | ||||||
9 | raffle of a firearm
held pursuant to
a license or permit | ||||||
10 | issued by a governmental body, nor does it apply to persons
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11 | engaged
in firearm safety training courses; or
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12 | (9) Carries or possesses in a vehicle or on or about | ||||||
13 | his person any
pistol, revolver, stun gun or taser or | ||||||
14 | firearm or ballistic knife, when
he is hooded, robed or | ||||||
15 | masked in such manner as to conceal his identity; or
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16 | (10) Carries or possesses on or about his person, upon | ||||||
17 | any public street,
alley, or other public lands within the | ||||||
18 | corporate limits of a city, village
or incorporated town, | ||||||
19 | except when an invitee thereon or therein, for the
purpose | ||||||
20 | of the display of such weapon or the lawful commerce in | ||||||
21 | weapons, or
except when on his land or in his own abode, | ||||||
22 | legal dwelling, or fixed place of business, or on the land | ||||||
23 | or in the legal dwelling of another person as an invitee | ||||||
24 | with that person's permission, any
pistol, revolver, stun | ||||||
25 | gun or taser or other firearm, except that this
subsection | ||||||
26 | (a) (10) does not apply to or affect transportation of |
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1 | weapons that
meet one of the following conditions:
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2 | (i) are broken down in a non-functioning state; or
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3 | (ii) are not immediately accessible; or
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4 | (iii) are unloaded and enclosed in a case, firearm | ||||||
5 | carrying box,
shipping box, or other container by a | ||||||
6 | person who has been issued a currently
valid Firearm | ||||||
7 | Owner's
Identification Card; or
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8 | (iv) are carried or possessed in accordance with | ||||||
9 | the Firearm Concealed Carry Act by a person who has | ||||||
10 | been issued a currently valid license under the Firearm | ||||||
11 | Concealed Carry Act. | ||||||
12 | A "stun gun or taser", as used in this paragraph (a) | ||||||
13 | means (i) any device
which is powered by electrical | ||||||
14 | charging units, such as, batteries, and
which fires one or | ||||||
15 | several barbs attached to a length of wire and
which, upon | ||||||
16 | hitting a human, can send out a current capable of | ||||||
17 | disrupting
the person's nervous system in such a manner as | ||||||
18 | to render him incapable of
normal functioning or (ii) any | ||||||
19 | device which is powered by electrical
charging units, such | ||||||
20 | as batteries, and which, upon contact with a human or
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21 | clothing worn by a human, can send out current capable of | ||||||
22 | disrupting
the person's nervous system in such a manner as | ||||||
23 | to render him incapable
of normal functioning; or
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24 | (11) Sells, manufactures or purchases any explosive | ||||||
25 | bullet. For purposes
of this paragraph (a) "explosive | ||||||
26 | bullet" means the projectile portion of
an ammunition |
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1 | cartridge which contains or carries an explosive charge | ||||||
2 | which
will explode upon contact with the flesh of a human | ||||||
3 | or an animal.
"Cartridge" means a tubular metal case having | ||||||
4 | a projectile affixed at the
front thereof and a cap or | ||||||
5 | primer at the rear end thereof, with the
propellant | ||||||
6 | contained in such tube between the projectile and the cap; | ||||||
7 | or
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8 | (12) (Blank); or
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9 | (13) Carries or possesses on or about his or her person | ||||||
10 | while in a building occupied by a unit of government, a | ||||||
11 | billy club, other weapon of like character, or other | ||||||
12 | instrument of like character intended for use as a weapon. | ||||||
13 | For the purposes of this Section, "billy club" means a | ||||||
14 | short stick or club commonly carried by police officers | ||||||
15 | which is either telescopic or constructed of a solid piece | ||||||
16 | of wood or other man-made material. | ||||||
17 | (b) Sentence. A person convicted of a violation of | ||||||
18 | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
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19 | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | ||||||
20 | Class A
misdemeanor.
A person convicted of a violation of | ||||||
21 | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a | ||||||
22 | person
convicted of a violation of subsection 24-1(a)(6) or | ||||||
23 | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | ||||||
24 | convicted of a violation of subsection
24-1(a)(7)(i) commits a | ||||||
25 | Class 2 felony and shall be sentenced to a term of imprisonment | ||||||
26 | of not less than 3 years and not more than 7 years, unless the |
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1 | weapon is possessed in the
passenger compartment of a motor | ||||||
2 | vehicle as defined in Section 1-146 of the
Illinois Vehicle | ||||||
3 | Code, or on the person, while the weapon is loaded, in which
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4 | case it shall be a Class X felony. A person convicted of a
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5 | second or subsequent violation of subsection 24-1(a)(4), | ||||||
6 | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 | ||||||
7 | felony. The possession of each weapon in violation of this | ||||||
8 | Section constitutes a single and separate violation.
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9 | (c) Violations in specific places.
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10 | (1) A person who violates subsection 24-1(a)(6) or | ||||||
11 | 24-1(a)(7) in any
school, regardless of the time of day or | ||||||
12 | the time of year, in residential
property owned, operated | ||||||
13 | or managed by a public housing agency or
leased by
a public | ||||||
14 | housing agency as part of a scattered site or mixed-income
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15 | development, in a
public park, in a courthouse, on the real | ||||||
16 | property comprising any school,
regardless of the
time of | ||||||
17 | day or the time of year, on residential property owned, | ||||||
18 | operated
or
managed by a public housing agency
or leased by | ||||||
19 | a public housing agency as part of a scattered site or
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20 | mixed-income development,
on the real property comprising | ||||||
21 | any
public park, on the real property comprising any | ||||||
22 | courthouse, in any conveyance
owned, leased or contracted | ||||||
23 | by a school to
transport students to or from school or a | ||||||
24 | school related activity, in any conveyance
owned, leased, | ||||||
25 | or contracted by a public transportation agency, or on any
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26 | public way within 1,000 feet of the real property |
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1 | comprising any school,
public park, courthouse, public | ||||||
2 | transportation facility, or residential property owned, | ||||||
3 | operated, or managed
by a public housing agency
or leased | ||||||
4 | by a public housing agency as part of a scattered site or
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5 | mixed-income development
commits a Class 2 felony and shall | ||||||
6 | be sentenced to a term of imprisonment of not less than 3 | ||||||
7 | years and not more than 7 years.
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8 | (1.5) A person who violates subsection 24-1(a)(4), | ||||||
9 | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | ||||||
10 | time of day or the time of year,
in residential property | ||||||
11 | owned, operated, or managed by a public
housing
agency
or | ||||||
12 | leased by a public housing agency as part of a scattered | ||||||
13 | site or
mixed-income development,
in
a public
park, in a | ||||||
14 | courthouse, on the real property comprising any school, | ||||||
15 | regardless
of the time of day or the time of year, on | ||||||
16 | residential property owned,
operated, or managed by a | ||||||
17 | public housing agency
or leased by a public housing agency | ||||||
18 | as part of a scattered site or
mixed-income development,
on | ||||||
19 | the real property
comprising any public park, on the real | ||||||
20 | property comprising any courthouse, in
any conveyance | ||||||
21 | owned, leased, or contracted by a school to transport | ||||||
22 | students
to or from school or a school related activity, in | ||||||
23 | any conveyance
owned, leased, or contracted by a public | ||||||
24 | transportation agency, or on any public way within
1,000 | ||||||
25 | 1,000 feet of the real property comprising any school, | ||||||
26 | public park public park , courthouse,
public transportation |
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1 | facility, or residential property owned, operated, or | ||||||
2 | managed by a public
housing agency
or leased by a public | ||||||
3 | housing agency as part of a scattered site or
mixed-income | ||||||
4 | development
commits a Class 3 felony.
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5 | (2) A person who violates subsection 24-1(a)(1), | ||||||
6 | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | ||||||
7 | time of day or the time of year, in
residential property | ||||||
8 | owned, operated or managed by a public housing
agency
or | ||||||
9 | leased by a public housing agency as part of a scattered | ||||||
10 | site or
mixed-income development,
in
a public park, in a | ||||||
11 | courthouse, on the real property comprising any school,
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12 | regardless of the time of day or the time of year, on | ||||||
13 | residential property
owned, operated or managed by a public | ||||||
14 | housing agency
or leased by a public housing agency as part | ||||||
15 | of a scattered site or
mixed-income development,
on the | ||||||
16 | real property
comprising any public park, on the real | ||||||
17 | property comprising any courthouse, in
any conveyance | ||||||
18 | owned, leased or contracted by a school to transport | ||||||
19 | students
to or from school or a school related activity, in | ||||||
20 | any conveyance
owned, leased, or contracted by a public | ||||||
21 | transportation agency, or on any public way within
1,000 | ||||||
22 | feet of the real property comprising any school, public | ||||||
23 | park, courthouse,
public transportation facility, or | ||||||
24 | residential property owned, operated, or managed by a | ||||||
25 | public
housing agency or leased by a public housing agency | ||||||
26 | as part of a scattered
site or mixed-income development |
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1 | commits a Class 4 felony. "Courthouse"
means any building | ||||||
2 | that is used by the Circuit, Appellate, or Supreme Court of
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3 | this State for the conduct of official business.
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4 | (3) Paragraphs (1), (1.5), and (2) of this subsection | ||||||
5 | (c) shall not
apply to law
enforcement officers or security | ||||||
6 | officers of such school, college, or
university or to | ||||||
7 | students carrying or possessing firearms for use in | ||||||
8 | training
courses, parades, hunting, target shooting on | ||||||
9 | school ranges, or otherwise with
the consent of school | ||||||
10 | authorities and which firearms are transported unloaded
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11 | enclosed in a suitable case, box, or transportation | ||||||
12 | package.
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13 | (4) For the purposes of this subsection (c), "school" | ||||||
14 | means any public or
private elementary or secondary school, | ||||||
15 | community college, college, or
university.
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16 | (5) For the purposes of this subsection (c), "public | ||||||
17 | transportation agency" means a public or private agency | ||||||
18 | that provides for the transportation or conveyance of
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19 | persons by means available to the general public, except | ||||||
20 | for transportation
by automobiles not used for conveyance | ||||||
21 | of the general public as passengers; and "public | ||||||
22 | transportation facility" means a terminal or other place
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23 | where one may obtain public transportation.
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24 | (d) The presence in an automobile other than a public | ||||||
25 | omnibus of any
weapon, instrument or substance referred to in | ||||||
26 | subsection (a)(7) is
prima facie evidence that it is in the |
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1 | possession of, and is being
carried by, all persons occupying | ||||||
2 | such automobile at the time such
weapon, instrument or | ||||||
3 | substance is found, except under the following
circumstances: | ||||||
4 | (i) if such weapon, instrument or instrumentality is
found upon | ||||||
5 | the person of one of the occupants therein; or (ii) if such
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6 | weapon, instrument or substance is found in an automobile | ||||||
7 | operated for
hire by a duly licensed driver in the due, lawful | ||||||
8 | and proper pursuit of
his trade, then such presumption shall | ||||||
9 | not apply to the driver.
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10 | (e) Exemptions. | ||||||
11 | (1) Crossbows, Common or Compound bows and Underwater
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12 | Spearguns are exempted from the definition of ballistic | ||||||
13 | knife as defined in
paragraph (1) of subsection (a) of this | ||||||
14 | Section. | ||||||
15 | (2) The provision of paragraph (1) of subsection (a) of | ||||||
16 | this Section prohibiting the sale, manufacture, purchase, | ||||||
17 | possession, or carrying of any knife, commonly referred to | ||||||
18 | as a switchblade knife, which has a
blade that opens | ||||||
19 | automatically by hand pressure applied to a button,
spring | ||||||
20 | or other device in the handle of the knife, does not apply | ||||||
21 | to a person who possesses a currently valid Firearm Owner's | ||||||
22 | Identification Card previously issued in his or her name by | ||||||
23 | the Department of State Police or to a person or an entity | ||||||
24 | engaged in the business of selling or manufacturing | ||||||
25 | switchblade knives.
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26 | (Source: P.A. 99-29, eff. 7-10-15; 100-82, eff. 8-11-17.)
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1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.
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