Sen. Julie A. Morrison
Filed: 2/5/2018
 
 


 




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1
AMENDMENT TO SENATE BILL 2317 




2 AMENDMENT NO. ______. Amend Senate Bill 2317 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Criminal Code of 2012 is amended by 
5changing Section 24-1 as follows:




6 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)


7 Sec. 24-1. Unlawful use of weapons. 

8 (a) A person commits the offense of unlawful use of weapons 
9when
he knowingly:

10  (1) Sells, manufactures, purchases, possesses or 
11 carries any bludgeon,
black-jack, slung-shot, sand-club, 
12 sand-bag, metal knuckles or other knuckle weapon 
13 regardless of its composition, throwing star,
or any knife, 
14 commonly referred to as a switchblade knife, which has a

15 blade that opens automatically by hand pressure applied to 
16 a button,
spring or other device in the handle of the 
 
 
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1 knife, or a ballistic knife,
which is a device that propels 
2 a knifelike blade as a projectile by means
of a coil 
3 spring, elastic material or compressed gas; or

4  (2) Carries or possesses with intent to use the same 
5 unlawfully
against another, a dagger, dirk, billy, 
6 dangerous knife, razor,
stiletto, broken bottle or other 
7 piece of glass, stun gun or taser or
any other dangerous or 
8 deadly weapon or instrument of like character; or

9  (3) Carries on or about his person or in any vehicle, a 
10 tear gas gun
projector or bomb or any object containing 
11 noxious liquid gas or
substance, other than an object 
12 containing a non-lethal noxious liquid gas
or substance 
13 designed solely for personal defense carried by a person 18

14 years of age or older; or

15  (4) Carries or possesses in any vehicle or concealed on 
16 or about his
person except when on his land or in his own 
17 abode, legal dwelling, or fixed place of
business, or on 
18 the land or in the legal dwelling of another person as an 
19 invitee with that person's permission, any pistol, 
20 revolver, stun gun or taser or other firearm, except
that

21 this subsection (a) (4) does not apply to or affect 
22 transportation of weapons
that meet one of the following 
23 conditions:

24   (i) are broken down in a non-functioning state; or

25   (ii) are not immediately accessible; or

26   (iii) are unloaded and enclosed in a case, firearm 
 
 
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1 carrying box,
shipping box, or other container by a 
2 person who has been issued a currently
valid Firearm 
3 Owner's
Identification Card; or
4   (iv) are carried or possessed in accordance with 
5 the Firearm Concealed Carry Act by a person who has 
6 been issued a currently valid license under the Firearm 
7 Concealed Carry Act; or 

8  (5) Sets a spring gun; or

9  (6) Possesses any device or attachment of any kind 
10 designed, used or
intended for use in silencing the report 
11 of any firearm; or

12  (7) Sells, manufactures, purchases, possesses or 
13 carries:

14   (i) a machine gun, which shall be defined for the 
15 purposes of this
subsection as any weapon,
which 
16 shoots, is designed to shoot, or can be readily 
17 restored to shoot,
automatically more than one shot 
18 without manually reloading by a single
function of the 
19 trigger, including the frame or receiver
of any such 
20 weapon, or sells, manufactures, purchases, possesses, 
21 or
carries any combination of parts designed or 
22 intended for
use in converting any weapon into a 
23 machine gun, or any combination or
parts from which a 
24 machine gun can be assembled if such parts are in the

25 possession or under the control of a person;

26   (ii) any rifle having one or
more barrels less than 
 
 
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1 16 inches in length or a shotgun having one or more

2 barrels less than 18 inches in length or any weapon 
3 made from a rifle or
shotgun, whether by alteration, 
4 modification, or otherwise, if such a weapon
as 
5 modified has an overall length of less than 26 inches; 
6 or

7   (iii) any
bomb, bomb-shell, grenade, bottle or 
8 other container containing an
explosive substance of 
9 over one-quarter ounce for like purposes, such
as, but 
10 not limited to, black powder bombs and Molotov 
11 cocktails or
artillery projectiles; or

12  (8) Carries or possesses any firearm, stun gun or taser 
13 or other
deadly weapon in any place which is licensed to 
14 sell intoxicating
beverages, or at any public gathering 
15 held pursuant to a license issued
by any governmental body 
16 or any public gathering at which an admission
is charged, 
17 excluding a place where a showing, demonstration or lecture

18 involving the exhibition of unloaded firearms is 
19 conducted.

20  This subsection (a)(8) does not apply to any auction or 
21 raffle of a firearm
held pursuant to
a license or permit 
22 issued by a governmental body, nor does it apply to persons

23 engaged
in firearm safety training courses; or

24  (9) Carries or possesses in a vehicle or on or about 
25 his person any
pistol, revolver, stun gun or taser or 
26 firearm or ballistic knife, when
he is hooded, robed or 
 
 
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1 masked in such manner as to conceal his identity; or

2  (10) Carries or possesses on or about his person, upon 
3 any public street,
alley, or other public lands within the 
4 corporate limits of a city, village
or incorporated town, 
5 except when an invitee thereon or therein, for the
purpose 
6 of the display of such weapon or the lawful commerce in 
7 weapons, or
except when on his land or in his own abode, 
8 legal dwelling, or fixed place of business, or on the land 
9 or in the legal dwelling of another person as an invitee 
10 with that person's permission, any
pistol, revolver, stun 
11 gun or taser or other firearm, except that this
subsection 
12 (a) (10) does not apply to or affect transportation of 
13 weapons that
meet one of the following conditions:

14   (i) are broken down in a non-functioning state; or

15   (ii) are not immediately accessible; or

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

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 Firearm 
23 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

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

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 having 
16 a projectile affixed at the
front thereof and a cap or 
17 primer at the rear end thereof, with the
propellant 
18 contained in such tube between the projectile and the cap; 
19 or

20  (12) (Blank); or

21  (13) Carries or possesses on or about his or her person 
22 while in a building occupied by a unit of government, a 
23 billy club, other weapon of like character, or other 
24 instrument of like character intended for use as a weapon. 
25 For the purposes of this Section, "billy club" means a 
26 short stick or club commonly carried by police officers 
 
 
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1 which is either telescopic or constructed of a solid piece 
2 of wood or other man-made material; or
3  (14) 120 days after the effective date of this 
4 amendatory Act of the 100th General Assembly, imports, 
5 sells, manufactures, transfers, or possesses, in this 
6 State, a bump-fire stock for a semi-automatic firearm that 
7 does not convert the semi-automatic firearm into a machine 
8 gun. For purposes of this paragraph (14), "bump-fire stock" 
9 means a butt stock designed to be attached to a 
10 semi-automatic firearm and designed, made, or altered, and 
11 intended to increase the rate of fire achievable with the 
12 firearm to that of a fully automatic firearm by using the 
13 energy from the recoil of the firearm to generate 
14 reciprocating action that facilitates repeated activation 
15 of the trigger. 
16 (b) Sentence. A person convicted of a violation of 
17subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),

18subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a 
19Class A
misdemeanor.
A person convicted of a violation of 
20subsection
24-1(a)(8), or 24-1(a)(9), or 24-1(a)(14) commits a

21Class 4 felony; a person
convicted of a violation of subsection 
2224-1(a)(6) or 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. 
23A person convicted of a violation of subsection
24-1(a)(7)(i) 
24commits a Class 2 felony and shall be sentenced to a term of 
25imprisonment of not less than 3 years and not more than 7 
26years, unless the weapon is possessed in the
passenger 
 
 
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1compartment of a motor vehicle as defined in Section 1-146 of 
2the
Illinois Vehicle Code, or on the person, while the weapon 
3is loaded, in which
case it shall be a Class X felony. A person 
4convicted of a
second or subsequent violation of subsection 
524-1(a)(4), 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a 
6Class 3 felony. The possession of each weapon in violation of 
7this Section constitutes a single and separate violation.

8 (c) Violations in specific places.

9  (1) A person who violates subsection 24-1(a)(6) or 
10 24-1(a)(7) in any
school, regardless of the time of day or 
11 the time of year, in residential
property owned, operated 
12 or managed by a public housing agency or
leased by
a public 
13 housing agency as part of a scattered site or mixed-income

14 development, in a
public park, in a courthouse, on the real 
15 property comprising any school,
regardless of the
time of 
16 day or the time of year, on residential property owned, 
17 operated
or
managed by a public housing agency
or leased by 
18 a public housing agency as part of a scattered site or

19 mixed-income development,
on the real property comprising 
20 any
public park, on the real property comprising any 
21 courthouse, in any conveyance
owned, leased or contracted 
22 by a school to
transport students to or from school or a 
23 school related activity, in any conveyance
owned, leased, 
24 or contracted by a public transportation agency, or on any

25 public way within 1,000 feet of the real property 
26 comprising any school,
public park, courthouse, public 
 
 
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1 transportation facility, or residential property owned, 
2 operated, or managed
by a public housing agency
or leased 
3 by a public housing agency as part of a scattered site or

4 mixed-income development
commits a Class 2 felony and shall 
5 be sentenced to a term of imprisonment of not less than 3 
6 years and not more than 7 years.

7  (1.5) A person who violates subsection 24-1(a)(4), 
8 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the 
9 time of day or the time of year,
in residential property 
10 owned, operated, or managed by a public
housing
agency
or 
11 leased by a public housing agency as part of a scattered 
12 site or
mixed-income development,
in
a public
park, in a 
13 courthouse, on the real property comprising any school, 
14 regardless
of the time of day or the time of year, on 
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,
on 
18 the real property
comprising any public park, on the real 
19 property comprising any courthouse, in
any conveyance 
20 owned, leased, or contracted by a school to transport 
21 students
to or from school or a school related activity, in 
22 any conveyance
owned, leased, or contracted by a public 
23 transportation agency, or on any public way within
1,000 
24 feet of the real property comprising any school, public 
25 park, courthouse,
public transportation facility, or 
26 residential property owned, operated, or managed by a 
 
 
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1 public
housing agency
or leased by a public housing agency 
2 as part of a scattered site or
mixed-income development

3 commits a Class 3 felony.

4  (2) A person who violates subsection 24-1(a)(1), 
5 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the 
6 time of day or the time of year, in
residential property 
7 owned, operated or managed by a public housing
agency
or 
8 leased by a public housing agency as part of a scattered 
9 site or
mixed-income development,
in
a public park, in a 
10 courthouse, on the real property comprising any school,

11 regardless of the time of day or the time of year, on 
12 residential property
owned, operated or managed by a public 
13 housing agency
or leased by a public housing agency as part 
14 of a scattered site or
mixed-income development,
on the 
15 real property
comprising any public park, on the real 
16 property comprising any courthouse, in
any conveyance 
17 owned, leased or contracted by a school to transport 
18 students
to or from school or a school related activity, in 
19 any conveyance
owned, leased, or contracted by a public 
20 transportation agency, or on any public way within
1,000 
21 feet of the real property comprising any school, public 
22 park, courthouse,
public transportation facility, or 
23 residential property owned, operated, or managed by a 
24 public
housing agency or leased by a public housing agency 
25 as part of a scattered
site or mixed-income development 
26 commits a Class 4 felony. "Courthouse"
means any building 
 
 
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1 that is used by the Circuit, Appellate, or Supreme Court of

2 this State for the conduct of official business.

3  (3) Paragraphs (1), (1.5), and (2) of this subsection 
4 (c) shall not
apply to law
enforcement officers or security 
5 officers of such school, college, or
university or to 
6 students carrying or possessing firearms for use in 
7 training
courses, parades, hunting, target shooting on 
8 school ranges, or otherwise with
the consent of school 
9 authorities and which firearms are transported unloaded

10 enclosed in a suitable case, box, or transportation 
11 package.

12  (4) For the purposes of this subsection (c), "school" 
13 means any public or
private elementary or secondary school, 
14 community college, college, or
university.

15  (5) For the purposes of this subsection (c), "public 
16 transportation agency" means a public or private agency 
17 that provides for the transportation or conveyance of

18 persons by means available to the general public, except 
19 for transportation
by automobiles not used for conveyance 
20 of the general public as passengers; and "public 
21 transportation facility" means a terminal or other place

22 where one may obtain public transportation.

23 (d) The presence in an automobile other than a public 
24omnibus of any
weapon, instrument or substance referred to in 
25subsection (a)(7) is
prima facie evidence that it is in the 
26possession of, and is being
carried by, all persons occupying 
 
 
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1such automobile at the time such
weapon, instrument or 
2substance is found, except under the following
circumstances: 
3(i) if such weapon, instrument or instrumentality is
found upon 
4the person of one of the occupants therein; or (ii) if such

5weapon, instrument or substance is found in an automobile 
6operated for
hire by a duly licensed driver in the due, lawful 
7and proper pursuit of
his trade, then such presumption shall 
8not apply to the driver.

9 (e) Exemptions.
10  (1) Crossbows, Common or Compound bows and Underwater

11 Spearguns are exempted from the definition of ballistic 
12 knife as defined in
paragraph (1) of subsection (a) of this 
13 Section.
14  (2) The provision of paragraph (1) of subsection (a) of 
15 this Section prohibiting the sale, manufacture, purchase, 
16 possession, or carrying of any knife, commonly referred to 
17 as a switchblade knife, which has a
blade that opens 
18 automatically by hand pressure applied to a button,
spring 
19 or other device in the handle of the knife, does not apply 
20 to a person who possesses a currently valid Firearm Owner's 
21 Identification Card previously issued in his or her name by 
22 the Department of State Police or to a person or an entity 
23 engaged in the business of selling or manufacturing 
24 switchblade knives. 

25(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 
2becoming law.".