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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, 24-1.6, and 24-3.1 as follows:
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6 | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
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7 | Sec. 24-1. Unlawful use of weapons.
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8 | (a) A person commits the offense of unlawful use of | ||||||||||||||||||||||||||||
9 | weapons when
he knowingly:
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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 | ||||||||||||||||||||||||||||
14 | knife, commonly referred to as a switchblade knife, which | ||||||||||||||||||||||||||||
15 | has a
blade that opens automatically by hand pressure | ||||||||||||||||||||||||||||
16 | applied to a button,
spring or other device in the handle | ||||||||||||||||||||||||||||
17 | of the knife, or a ballistic knife,
which is a device that | ||||||||||||||||||||||||||||
18 | propels a knifelike blade as a projectile by means
of a | ||||||||||||||||||||||||||||
19 | coil spring, elastic material or compressed gas; or
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20 | (2) Carries or possesses with intent to use the same | ||||||||||||||||||||||||||||
21 | unlawfully
against another, a dagger, dirk, billy, | ||||||||||||||||||||||||||||
22 | dangerous knife, razor,
stiletto, broken bottle or other | ||||||||||||||||||||||||||||
23 | piece of glass, stun gun or taser or
any other dangerous or |
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| |||||||
1 | deadly weapon or instrument of like character; or
| ||||||
2 | (2.5) Carries or possesses with intent to use the same | ||||||
3 | unlawfully against another, any firearm in a church, | ||||||
4 | synagogue, mosque, or other building, structure, or place | ||||||
5 | used for religious worship; or | ||||||
6 | (3) Carries on or about his person or in any vehicle, a | ||||||
7 | tear gas gun
projector or bomb or any object containing | ||||||
8 | noxious liquid gas or
substance, other than an object | ||||||
9 | containing a non-lethal noxious liquid gas
or substance | ||||||
10 | designed solely for personal defense carried by a person | ||||||
11 | 18
years of age or older; or
| ||||||
12 | (4) Carries or possesses in any vehicle or concealed | ||||||
13 | on or about his or her
person except when on his or her | ||||||
14 | land or in his or her own abode, legal dwelling, or fixed | ||||||
15 | place of
business, or on the land or in the legal dwelling | ||||||
16 | of another person as an invitee with that person's | ||||||
17 | permission, any pistol, revolver, stun gun or taser or | ||||||
18 | other firearm, except
that
this subsection (a) (4) does | ||||||
19 | not apply to or affect transportation of weapons
that meet | ||||||
20 | one of the following conditions:
| ||||||
21 | (i) are broken down in a non-functioning state; or
| ||||||
22 | (ii) are not immediately accessible; or
| ||||||
23 | (iii) are unloaded and enclosed in a case, firearm | ||||||
24 | carrying box,
shipping box, or other container by a | ||||||
25 | person who has been issued a currently
valid Firearm | ||||||
26 | Owner's
Identification Card; or |
| |||||||
| |||||||
1 | (iv) are carried or possessed in accordance with | ||||||
2 | the Firearm Concealed Carry Act by a person who has | ||||||
3 | been issued a currently valid license under the | ||||||
4 | Firearm Concealed Carry Act; or
| ||||||
5 | (5) Sets a spring gun; or
| ||||||
6 | (6) Possesses any device or attachment of any kind | ||||||
7 | designed, used or
intended for use in silencing the report | ||||||
8 | of any firearm; or
| ||||||
9 | (7) Sells, manufactures, purchases, possesses or | ||||||
10 | carries:
| ||||||
11 | (i) a machine gun, which shall be defined for the | ||||||
12 | purposes of this
subsection as any weapon,
which | ||||||
13 | shoots, is designed to shoot, or can be readily | ||||||
14 | restored to shoot,
automatically more than one shot | ||||||
15 | without manually reloading by a single
function of the | ||||||
16 | trigger, including the frame or receiver
of any such | ||||||
17 | weapon, or sells, manufactures, purchases, possesses, | ||||||
18 | or
carries any combination of parts designed or | ||||||
19 | intended for
use in converting any weapon into a | ||||||
20 | machine gun, or any combination or
parts from which a | ||||||
21 | machine gun can be assembled if such parts are in the
| ||||||
22 | possession or under the control of a person;
| ||||||
23 | (ii) any rifle having one or
more barrels less | ||||||
24 | than 16 inches in length or a shotgun having one or | ||||||
25 | more
barrels less than 18 inches in length or any | ||||||
26 | weapon made from a rifle or
shotgun, whether by |
| |||||||
| |||||||
1 | alteration, modification, or otherwise, if such a | ||||||
2 | weapon
as modified has an overall length of less than | ||||||
3 | 26 inches; or
| ||||||
4 | (iii) any
bomb, bomb-shell, grenade, bottle or | ||||||
5 | other container containing an
explosive substance of | ||||||
6 | over one-quarter ounce for like purposes, such
as, but | ||||||
7 | not limited to, black powder bombs and Molotov | ||||||
8 | cocktails or
artillery projectiles; or
| ||||||
9 | (8) Carries or possesses any firearm, stun gun or | ||||||
10 | taser or other
deadly weapon in any place which is | ||||||
11 | licensed to sell intoxicating
beverages, or at any public | ||||||
12 | gathering held pursuant to a license issued
by any | ||||||
13 | governmental body or any public gathering at which an | ||||||
14 | admission
is charged, excluding a place where a showing, | ||||||
15 | demonstration or lecture
involving the exhibition of | ||||||
16 | unloaded firearms is conducted.
| ||||||
17 | This subsection (a)(8) does not apply to any auction | ||||||
18 | or raffle of a firearm
held pursuant to
a license or permit | ||||||
19 | issued by a governmental body, nor does it apply to | ||||||
20 | persons
engaged
in firearm safety training courses; or
| ||||||
21 | (9) Carries or possesses in a vehicle or on or about | ||||||
22 | his or her person any
pistol, revolver, stun gun or taser | ||||||
23 | or firearm or ballistic knife, when
he or she is hooded, | ||||||
24 | robed or masked in such manner as to conceal his or her | ||||||
25 | identity; or
| ||||||
26 | (10) Carries or possesses on or about his or her |
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| |||||||
1 | person, upon any public street,
alley, or other public | ||||||
2 | lands within the corporate limits of a city, village,
or | ||||||
3 | incorporated town, except when an invitee thereon or | ||||||
4 | therein, for the
purpose of the display of such weapon or | ||||||
5 | the lawful commerce in weapons, or
except when on his or | ||||||
6 | her land or in his or her own abode, legal dwelling, or | ||||||
7 | fixed place of business, or on the land or in the legal | ||||||
8 | dwelling of another person as an invitee with that | ||||||
9 | person's permission, any
pistol, revolver, stun gun, or | ||||||
10 | taser or other firearm, except that this
subsection (a) | ||||||
11 | (10) does not apply to or affect transportation of weapons | ||||||
12 | that
meet one of the following conditions:
| ||||||
13 | (i) are broken down in a non-functioning state; or
| ||||||
14 | (ii) are not immediately accessible; or
| ||||||
15 | (iii) are unloaded and enclosed in a case, firearm | ||||||
16 | carrying box,
shipping box, or other container by a | ||||||
17 | person who has been issued a currently
valid Firearm | ||||||
18 | Owner's
Identification Card; or
| ||||||
19 | (iv) are carried or possessed in accordance with | ||||||
20 | the Firearm Concealed Carry Act by a person who has | ||||||
21 | been issued a currently valid license under the | ||||||
22 | Firearm Concealed Carry Act. | ||||||
23 | A "stun gun or taser", as used in this paragraph (a) | ||||||
24 | means (i) any device
which is powered by electrical | ||||||
25 | charging units, such as, batteries, and
which fires one or | ||||||
26 | several barbs attached to a length of wire and
which, upon |
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| |||||||
1 | hitting a human, can send out a current capable of | ||||||
2 | disrupting
the person's nervous system in such a manner as | ||||||
3 | to render him incapable of
normal functioning or (ii) any | ||||||
4 | device which is powered by electrical
charging units, such | ||||||
5 | as batteries, and which, upon contact with a human or
| ||||||
6 | clothing worn by a human, can send out current capable of | ||||||
7 | disrupting
the person's nervous system in such a manner as | ||||||
8 | to render him incapable
of normal functioning; or
| ||||||
9 | (11) Sells, manufactures, or purchases any explosive | ||||||
10 | bullet. For purposes
of this paragraph (a) "explosive | ||||||
11 | bullet" means the projectile portion of
an ammunition | ||||||
12 | cartridge which contains or carries an explosive charge | ||||||
13 | which
will explode upon contact with the flesh of a human | ||||||
14 | or an animal.
"Cartridge" means a tubular metal case | ||||||
15 | having a projectile affixed at the
front thereof and a cap | ||||||
16 | or primer at the rear end thereof, with the
propellant | ||||||
17 | contained in such tube between the projectile and the cap; | ||||||
18 | or
| ||||||
19 | (12) (Blank); or
| ||||||
20 | (13) Carries or possesses on or about his or her | ||||||
21 | person while in a building occupied by a unit of | ||||||
22 | government, a billy club, other weapon of like character, | ||||||
23 | or other instrument of like character intended for use as | ||||||
24 | a weapon. For the purposes of this Section, "billy club" | ||||||
25 | means a short stick or club commonly carried by police | ||||||
26 | officers which is either telescopic or constructed of a |
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| |||||||
1 | solid piece of wood or other man-made material. | ||||||
2 | (b) Sentence. A person convicted of a violation of | ||||||
3 | subsection 24-1(a)(1) , subsection 24-1(a)(2), subsection | ||||||
4 | 24-1(a)(3), subsection 24-1(a)(5),
through (5), subsection | ||||||
5 | 24-1(a)(10),
subsection 24-1(a)(11), or subsection 24-1(a)(13) | ||||||
6 | commits a Class A
misdemeanor.
A person convicted of a | ||||||
7 | violation of subsection 24-1(a)(4), 24-1(a)(10),
24-1(a)(8) or | ||||||
8 | 24-1(a)(9) commits a
Class 4 felony; a person
convicted of a | ||||||
9 | violation of subsection 24-1(a)(6) or 24-1(a)(7)(ii) or (iii)
| ||||||
10 | commits a Class 3 felony. A person convicted of a violation of | ||||||
11 | subsection
24-1(a)(7)(i) commits a Class 2 felony and shall be | ||||||
12 | sentenced to a term of imprisonment of not less than 3 years | ||||||
13 | and not more than 7 years, unless the weapon is possessed in | ||||||
14 | the
passenger compartment of a motor vehicle as defined in | ||||||
15 | Section 1-146 of the
Illinois Vehicle Code, or on the person, | ||||||
16 | while the weapon is loaded, in which
case it shall be a Class X | ||||||
17 | felony. A person convicted of a
second or subsequent violation | ||||||
18 | of subsection 24-1(a)(4), 24-1(a)(8),
24-1(a)(9), or
| ||||||
19 | 24-1(a)(10) commits a Class 3 felony. A person convicted of a | ||||||
20 | violation of subsection 24-1(a)(2.5) commits a Class 2 felony. | ||||||
21 | The possession of each weapon in violation of this Section | ||||||
22 | constitutes a single and separate violation.
| ||||||
23 | (c) Violations in specific places.
| ||||||
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
| ||||||
3 | development, in a
public park, in a courthouse, on the | ||||||
4 | real property comprising any school,
regardless of the
| ||||||
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
| ||||||
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.
| ||||||
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
| ||||||
26 | agency
or leased by a public housing agency as part of a |
| |||||||
| |||||||
1 | scattered site or
mixed-income development,
in
a public
| ||||||
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,
| ||||||
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
| ||||||
18 | commits a Class 3 felony.
| ||||||
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,
| ||||||
26 | regardless of the time of day or the time of year, on |
| |||||||
| |||||||
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,
| ||||||
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.
| ||||||
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
| ||||||
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.
| ||||||
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
| ||||||
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
| ||||||
11 | where one may obtain public transportation.
| ||||||
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.
| ||||||
24 | (e) Exemptions. | ||||||
25 | (1) Crossbows, Common or Compound bows and Underwater
| ||||||
26 | Spearguns are exempted from the definition of ballistic |
| |||||||
| |||||||
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,
| ||||||
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 Department of State Police or to a person | ||||||
12 | or an entity engaged in the business of selling or | ||||||
13 | manufacturing switchblade knives.
| ||||||
14 | (Source: P.A. 100-82, eff. 8-11-17; 101-223, eff. 1-1-20 .)
| ||||||
15 | (720 ILCS 5/24-1.6) | ||||||
16 | Sec. 24-1.6. Aggravated unlawful use of a weapon. | ||||||
17 | (a) A person commits the offense of aggravated unlawful | ||||||
18 | use of a weapon when
he or she knowingly: | ||||||
19 | (1) Carries on or about his or her person or in any | ||||||
20 | vehicle or concealed
on or about his or her person except | ||||||
21 | when on his or her land or in his or her
abode, legal | ||||||
22 | dwelling, or fixed place of business, or on the land or in | ||||||
23 | the legal dwelling of another person as an invitee with | ||||||
24 | that person's permission, any pistol, revolver, stun gun | ||||||
25 | or taser or
other firearm; or |
| |||||||
| |||||||
1 | (2) 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 or | ||||||
7 | her own land or in his or her own abode, legal dwelling, or | ||||||
8 | fixed place of
business, or on the land or in the legal | ||||||
9 | dwelling of another person as an invitee with that | ||||||
10 | person's permission, any pistol, revolver, stun gun or | ||||||
11 | taser or other firearm; and | ||||||
12 | (3) One of the following factors is present: | ||||||
13 | (A) the firearm, other than a pistol, revolver, or | ||||||
14 | handgun, possessed was uncased, loaded, and | ||||||
15 | immediately accessible
at the time of the offense; or | ||||||
16 | (A-5) the pistol, revolver, or handgun possessed | ||||||
17 | was uncased, loaded, and immediately accessible
at the | ||||||
18 | time of the offense and the person possessing the | ||||||
19 | pistol, revolver, or handgun has not been issued a | ||||||
20 | currently valid license under the Firearm Concealed | ||||||
21 | Carry Act; or | ||||||
22 | (B) the firearm, other than a pistol, revolver, or | ||||||
23 | handgun, possessed was uncased, unloaded, and the | ||||||
24 | ammunition for
the weapon was immediately accessible | ||||||
25 | at the time of the offense; or | ||||||
26 | (B-5) the pistol, revolver, or handgun possessed |
| |||||||
| |||||||
1 | was uncased, unloaded, and the ammunition for
the | ||||||
2 | weapon was immediately accessible at the time of the | ||||||
3 | offense and the person possessing the pistol, | ||||||
4 | revolver, or handgun has not been issued a currently | ||||||
5 | valid license under the Firearm Concealed Carry Act; | ||||||
6 | or | ||||||
7 | (C) the person possessing the firearm has not been | ||||||
8 | issued a currently
valid Firearm Owner's | ||||||
9 | Identification Card; or | ||||||
10 | (D) the person possessing the weapon was | ||||||
11 | previously adjudicated
a delinquent minor under the | ||||||
12 | Juvenile Court Act of 1987 for an act that if
committed | ||||||
13 | by an adult would be a felony; or | ||||||
14 | (E) the person possessing the weapon was engaged | ||||||
15 | in a misdemeanor
violation of the Cannabis
Control | ||||||
16 | Act, in a misdemeanor violation of the Illinois | ||||||
17 | Controlled Substances
Act, or in a misdemeanor | ||||||
18 | violation of the Methamphetamine Control and Community | ||||||
19 | Protection Act; or | ||||||
20 | (F) (blank); or | ||||||
21 | (G) the person possessing the weapon had an order | ||||||
22 | of protection issued
against him or her within the | ||||||
23 | previous 2 years; or | ||||||
24 | (H) the person possessing the weapon was engaged | ||||||
25 | in the commission or
attempted commission of
a | ||||||
26 | misdemeanor involving the use or threat of violence |
| |||||||
| |||||||
1 | against
the person or property of another; or | ||||||
2 | (I) the person possessing the weapon was under 21 | ||||||
3 | years of age and in
possession of a handgun, unless the | ||||||
4 | person under 21
is engaged in lawful activities under | ||||||
5 | the Wildlife Code or described in
subsection | ||||||
6 | 24-2(b)(1), (b)(3), or 24-2(f). | ||||||
7 | (a-5) "Handgun" as used in this Section has the meaning | ||||||
8 | given to it in Section 5 of the Firearm Concealed Carry Act. | ||||||
9 | (b) "Stun gun or taser" as used in this Section has the | ||||||
10 | same definition
given to it in Section 24-1 of this Code. | ||||||
11 | (c) This Section does not apply to or affect the | ||||||
12 | transportation or
possession
of weapons that: | ||||||
13 | (i) are broken down in a non-functioning state; or | ||||||
14 | (ii) are not immediately accessible; or | ||||||
15 | (iii) are unloaded and enclosed in a case, firearm | ||||||
16 | carrying box,
shipping box, or other container by a person | ||||||
17 | who has been issued a currently
valid Firearm Owner's
| ||||||
18 | Identification Card. | ||||||
19 | (d) Sentence. | ||||||
20 | (1) Aggravated unlawful use of a weapon is a Class 3 4 | ||||||
21 | felony;
a second or subsequent offense is a Class 2 felony | ||||||
22 | for which the person shall be sentenced to a term of | ||||||
23 | imprisonment of not less than 3 years and not more than 7 | ||||||
24 | years, except as provided for in Section 5-4.5-110 of the | ||||||
25 | Unified Code of Corrections. | ||||||
26 | (2) Except as otherwise provided in paragraphs (3) and |
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| |||||||
1 | (4) of this subsection (d), a first offense of aggravated | ||||||
2 | unlawful use of a weapon committed with a firearm by a | ||||||
3 | person 18 years of age or older where the factors listed in | ||||||
4 | both items (A) and (C) or both items (A-5) and (C) of | ||||||
5 | paragraph (3) of subsection (a) are present is a Class 3 4 | ||||||
6 | felony, for which the person shall be sentenced to a term | ||||||
7 | of imprisonment of not less than 2 one year and not more | ||||||
8 | than 5 3 years. | ||||||
9 | (3) Aggravated unlawful use of
a weapon by a person | ||||||
10 | who has been previously
convicted of a felony in this | ||||||
11 | State or another jurisdiction is a Class 2
felony for | ||||||
12 | which the person shall be sentenced to a term of | ||||||
13 | imprisonment of not less than 3 years and not more than 7 | ||||||
14 | years, except as provided for in Section 5-4.5-110 of the | ||||||
15 | Unified Code of Corrections. | ||||||
16 | (4) Aggravated unlawful use of a weapon while wearing | ||||||
17 | or in possession of body armor as defined in Section 33F-1 | ||||||
18 | by a person who has not been issued a valid Firearms | ||||||
19 | Owner's Identification Card in accordance with Section 5 | ||||||
20 | of the Firearm Owners Identification Card Act is a Class X | ||||||
21 | felony.
| ||||||
22 | (e) The possession of each firearm in violation of this | ||||||
23 | Section constitutes a single and separate violation. | ||||||
24 | (Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17 .)
| ||||||
25 | (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
|
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| |||||||
1 | Sec. 24-3.1. Unlawful possession of firearms and firearm | ||||||
2 | ammunition.
| ||||||
3 | (a) A person commits the offense of unlawful possession of | ||||||
4 | firearms
or firearm ammunition when:
| ||||||
5 | (1) He or she is under 18 years of age and has in his | ||||||
6 | or her possession
any firearm of
a size which may be | ||||||
7 | concealed upon the person; or
| ||||||
8 | (2) He or she is under 21 years of age, has been | ||||||
9 | convicted of a misdemeanor
other than a traffic offense or | ||||||
10 | adjudged delinquent and has
any firearms or
firearm | ||||||
11 | ammunition in his or her possession; or
| ||||||
12 | (3) He or she is a narcotic addict and has
any firearms | ||||||
13 | or firearm ammunition
in his or her possession; or
| ||||||
14 | (4) He or she has been a patient in a mental | ||||||
15 | institution within the past 5 years
and has
any firearms | ||||||
16 | or firearm ammunition in his or her possession. For | ||||||
17 | purposes of this paragraph (4): | ||||||
18 | "Mental institution" means any hospital, | ||||||
19 | institution, clinic, evaluation facility, mental | ||||||
20 | health center, or part thereof, which is used | ||||||
21 | primarily for the care or treatment of persons with | ||||||
22 | mental illness. | ||||||
23 | "Patient in a mental institution" means the person | ||||||
24 | was admitted, either voluntarily or involuntarily, to | ||||||
25 | a mental institution for mental health treatment, | ||||||
26 | unless the treatment was voluntary and solely for an |
| |||||||
| |||||||
1 | alcohol abuse disorder and no other secondary | ||||||
2 | substance abuse disorder or mental illness; or
| ||||||
3 | (5) He or she is a person with an intellectual | ||||||
4 | disability and has
any firearms or firearm ammunition
in | ||||||
5 | his or her possession; or
| ||||||
6 | (6) He or she has in his or her possession any | ||||||
7 | explosive bullet.
| ||||||
8 | For purposes of this paragraph "explosive bullet" means | ||||||
9 | the projectile
portion of an ammunition cartridge which | ||||||
10 | contains or carries an explosive
charge which will explode | ||||||
11 | upon contact with the flesh of a human or an animal.
| ||||||
12 | "Cartridge" means a tubular metal case having a projectile | ||||||
13 | affixed at the
front thereof and a cap or primer at the rear | ||||||
14 | end thereof, with the propellant
contained in such tube | ||||||
15 | between the projectile and the cap.
| ||||||
16 | (b) Sentence.
| ||||||
17 | Unlawful possession of firearms, other than handguns, and | ||||||
18 | firearm
ammunition is a Class A misdemeanor. Unlawful | ||||||
19 | possession of firearms handguns is a
Class 4 felony. The | ||||||
20 | possession of each firearm or firearm ammunition in violation | ||||||
21 | of this Section constitutes a single and separate violation.
| ||||||
22 | (c) Nothing in paragraph (1) of subsection (a) of this | ||||||
23 | Section prohibits
a person under 18 years of age from | ||||||
24 | participating in any lawful recreational
activity with a | ||||||
25 | firearm such as, but not limited to, practice shooting at
| ||||||
26 | targets upon established public or private target ranges or |
| |||||||
| |||||||
1 | hunting, trapping,
or fishing in accordance with the Wildlife | ||||||
2 | Code or the Fish and Aquatic Life
Code.
| ||||||
3 | (Source: P.A. 99-143, eff. 7-27-15.)
|