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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 Section 24-1 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
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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
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12 | (4) Carries or possesses in any vehicle or concealed | ||||||
13 | on or about his
person except when on his land or in his | ||||||
14 | own abode, legal dwelling, or fixed place of
business, or | ||||||
15 | on the land or in the legal dwelling of another person as | ||||||
16 | an invitee with that person's permission, any pistol, | ||||||
17 | revolver, stun gun or taser or other firearm, except
that
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18 | this subsection (a)(4) does not apply to or affect | ||||||
19 | transportation of weapons
that meet one of the following | ||||||
20 | conditions:
| ||||||
21 | (i) are broken down in a non-functioning state; or
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22 | (ii) are not immediately accessible; or
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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 |
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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
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5 | (5) Sets a spring gun; or
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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
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9 | (7) Sells, manufactures, purchases, possesses or | ||||||
10 | carries:
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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
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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 |
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1 | alteration, modification, or otherwise, if such a | ||||||
2 | weapon
as modified has an overall length of less than | ||||||
3 | 26 inches; or
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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
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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.
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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
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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
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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 land | ||||||
6 | or in his or her own abode, legal dwelling, or fixed place | ||||||
7 | of business, or on the land or in the legal dwelling of | ||||||
8 | another person as an invitee with that person's | ||||||
9 | permission, any
pistol, revolver, stun gun, or taser or | ||||||
10 | other firearm, except that this
subsection (a)(10) does | ||||||
11 | not apply to or affect transportation of weapons that
meet | ||||||
12 | one of the following conditions:
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13 | (i) are broken down in a non-functioning state; or
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14 | (ii) are not immediately accessible; or
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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
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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
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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
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9 | (11) Sells, manufactures, delivers, imports, | ||||||
10 | possesses, or purchases any assault weapon attachment or | ||||||
11 | .50 caliber cartridge in violation of Section 24-1.9 or | ||||||
12 | any explosive bullet. For purposes
of this paragraph (a) | ||||||
13 | "explosive bullet" means the projectile portion of
an | ||||||
14 | ammunition cartridge which contains or carries an | ||||||
15 | explosive charge which
will explode upon contact with the | ||||||
16 | flesh of a human or an animal.
"Cartridge" means a tubular | ||||||
17 | metal case having a projectile affixed at the
front | ||||||
18 | thereof and a cap or primer at the rear end thereof, with | ||||||
19 | the
propellant contained in such tube between the | ||||||
20 | projectile and the cap; or
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21 | (12) (Blank); or
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22 | (13) Carries or possesses on or about his or her | ||||||
23 | person while in a building occupied by a unit of | ||||||
24 | government, a billy club, other weapon of like character, | ||||||
25 | or other instrument of like character intended for use as | ||||||
26 | a weapon. For the purposes of this Section, "billy club" |
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1 | means a short stick or club commonly carried by police | ||||||
2 | officers which is either telescopic or constructed of a | ||||||
3 | solid piece of wood or other man-made material; or | ||||||
4 | (14) Manufactures, possesses, sells, or offers to | ||||||
5 | sell, purchase, manufacture, import, transfer, or use any | ||||||
6 | device, part, kit, tool, accessory, or combination of | ||||||
7 | parts that is designed to and functions to increase the | ||||||
8 | rate of fire of a semiautomatic firearm above the standard | ||||||
9 | rate of fire for semiautomatic firearms that is not | ||||||
10 | equipped with that device, part, or combination of parts; | ||||||
11 | or | ||||||
12 | (15) Carries or possesses any assault weapon or .50 | ||||||
13 | caliber rifle in violation of Section 24-1.9; or | ||||||
14 | (16) Manufactures, sells, delivers, imports, or | ||||||
15 | purchases any assault weapon or .50 caliber rifle in | ||||||
16 | violation of Section 24-1.9. | ||||||
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), subsection 24-1(a)(13), or 24-1(a)(15) | ||||||
20 | commits a Class A
misdemeanor.
A person convicted of a | ||||||
21 | violation of subsection
24-1(a)(8) or 24-1(a)(9) commits a
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22 | Class 4 felony; a person
convicted of a violation of | ||||||
23 | subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or | ||||||
24 | 24-1(a)(16)
commits a Class 3 felony. A person convicted of a | ||||||
25 | violation of subsection
24-1(a)(7)(i) commits a Class 2 felony | ||||||
26 | and shall be sentenced to a term of imprisonment of not less |
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1 | than 3 years and not more than 7 years, unless the weapon is | ||||||
2 | possessed in the
passenger compartment of a motor vehicle as | ||||||
3 | defined in Section 1-146 of the
Illinois Vehicle Code, or on | ||||||
4 | the person, while the weapon is loaded, in which
case it shall | ||||||
5 | be a Class X felony. A person convicted of a
second or | ||||||
6 | subsequent violation of subsection 24-1(a)(4), 24-1(a)(8),
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7 | 24-1(a)(9),
24-1(a)(10), or 24-1(a)(15) commits a Class 3 | ||||||
8 | felony. A person convicted of a violation of subsection | ||||||
9 | 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The | ||||||
10 | possession of each weapon or device in violation of this | ||||||
11 | Section constitutes a single and separate violation. | ||||||
12 | Notwithstanding any provision of law to
the contrary, a person | ||||||
13 | commits a petty offense under this
Section if he or she is | ||||||
14 | convicted of a violation of any
provision of this Section that | ||||||
15 | would not be an offense if the
person possessed a valid Firearm | ||||||
16 | Owner's Identification Card.
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17 | (c) Violations in specific places.
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18 | (1) A person who violates subsection 24-1(a)(6) or | ||||||
19 | 24-1(a)(7) in any
school, regardless of the time of day or | ||||||
20 | the time of year, in residential
property owned, operated | ||||||
21 | or managed by a public housing agency or
leased by
a public | ||||||
22 | housing agency as part of a scattered site or mixed-income
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23 | development, in a
public park, in a courthouse, on the | ||||||
24 | real property comprising any school,
regardless of the
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25 | time of day or the time of year, on residential property | ||||||
26 | owned, operated
or
managed by a public housing agency
or |
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1 | leased by a public housing agency as part of a scattered | ||||||
2 | site or
mixed-income development,
on the real property | ||||||
3 | comprising any
public park, on the real property | ||||||
4 | comprising any courthouse, in any conveyance
owned, leased | ||||||
5 | or contracted by a school to
transport students to or from | ||||||
6 | school or a school related activity, in any conveyance
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7 | owned, leased, or contracted by a public transportation | ||||||
8 | agency, or on any
public way within 1,000 feet of the real | ||||||
9 | property comprising any school,
public park, courthouse, | ||||||
10 | public transportation facility, or 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
commits a Class 2 felony | ||||||
14 | and shall be sentenced to a term of imprisonment of not | ||||||
15 | less than 3 years and not more than 7 years.
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16 | (1.5) A person who violates subsection 24-1(a)(4), | ||||||
17 | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of | ||||||
18 | the time of day or the time of year,
in residential | ||||||
19 | property owned, operated, or managed by a public
housing
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20 | agency
or leased by a public housing agency as part of a | ||||||
21 | scattered site or
mixed-income development,
in
a public
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22 | park, in a courthouse, on the real property comprising any | ||||||
23 | school, regardless
of the time of day or the time of year, | ||||||
24 | on 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 | on the real property
comprising any public park, on the | ||||||
2 | real property comprising any courthouse, in
any conveyance | ||||||
3 | owned, leased, or contracted by a school to transport | ||||||
4 | students
to or from school or a school related activity, | ||||||
5 | in any conveyance
owned, leased, or contracted by a public | ||||||
6 | transportation agency, or on any public way within
1,000 | ||||||
7 | feet of the real property comprising any school, public | ||||||
8 | park, courthouse,
public transportation facility, or | ||||||
9 | residential property owned, operated, or managed by a | ||||||
10 | public
housing agency
or leased by a public housing agency | ||||||
11 | as part of a scattered site or
mixed-income development
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12 | commits a Class 3 felony.
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13 | (2) A person who violates subsection 24-1(a)(1), | ||||||
14 | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | ||||||
15 | time of day or the time of year, in
residential property | ||||||
16 | owned, operated or managed by a public housing
agency
or | ||||||
17 | leased by a public housing agency as part of a scattered | ||||||
18 | site or
mixed-income development,
in
a public park, in a | ||||||
19 | courthouse, on the real property comprising any school,
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20 | regardless of the time of day or the time of year, on | ||||||
21 | residential property
owned, operated or managed by a | ||||||
22 | public housing agency
or leased by a public housing agency | ||||||
23 | as part of a scattered site or
mixed-income development,
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24 | on the real property
comprising any public park, on the | ||||||
25 | real property comprising any courthouse, in
any conveyance | ||||||
26 | owned, leased or contracted by a school to transport |
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1 | students
to or from school or a school related activity, | ||||||
2 | in any conveyance
owned, leased, or contracted by a public | ||||||
3 | transportation agency, or on any public way within
1,000 | ||||||
4 | feet of the real property comprising any school, public | ||||||
5 | park, courthouse,
public transportation facility, or | ||||||
6 | residential property owned, operated, or managed by a | ||||||
7 | public
housing agency or leased by a public housing agency | ||||||
8 | as part of a scattered
site or mixed-income development | ||||||
9 | commits a Class 4 felony. "Courthouse"
means any building | ||||||
10 | that is used by the Circuit, Appellate, or Supreme Court | ||||||
11 | of
this State for the conduct of official business.
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12 | (3) Paragraphs (1), (1.5), and (2) of this subsection | ||||||
13 | (c) shall not
apply to law
enforcement officers or | ||||||
14 | security officers of such school, college, or
university | ||||||
15 | or to students carrying or possessing firearms for use in | ||||||
16 | training
courses, parades, hunting, target shooting on | ||||||
17 | school ranges, or otherwise with
the consent of school | ||||||
18 | authorities and which firearms are transported unloaded
| ||||||
19 | enclosed in a suitable case, box, or transportation | ||||||
20 | package.
| ||||||
21 | (4) For the purposes of this subsection (c), "school" | ||||||
22 | means any public or
private elementary or secondary | ||||||
23 | school, community college, college, or
university.
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24 | (5) For the purposes of this subsection (c), "public | ||||||
25 | transportation agency" means a public or private agency | ||||||
26 | that provides for the transportation or conveyance of
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1 | persons by means available to the general public, except | ||||||
2 | for transportation
by automobiles not used for conveyance | ||||||
3 | of the general public as passengers; and "public | ||||||
4 | transportation facility" means a terminal or other place
| ||||||
5 | where one may obtain public transportation.
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6 | (d) The presence in an automobile other than a public | ||||||
7 | omnibus of any
weapon, instrument or substance referred to in | ||||||
8 | subsection (a)(7) is
prima facie evidence that it is in the | ||||||
9 | possession of, and is being
carried by, all persons occupying | ||||||
10 | such automobile at the time such
weapon, instrument or | ||||||
11 | substance is found, except under the following
circumstances: | ||||||
12 | (i) if such weapon, instrument or instrumentality is
found | ||||||
13 | upon the person of one of the occupants therein; or (ii) if | ||||||
14 | such
weapon, instrument or substance is found in an automobile | ||||||
15 | operated for
hire by a duly licensed driver in the due, lawful | ||||||
16 | and proper pursuit of
his or her trade, then such presumption | ||||||
17 | shall not apply to the driver.
| ||||||
18 | (e) Exemptions. | ||||||
19 | (1) Crossbows, Common or Compound bows and Underwater
| ||||||
20 | Spearguns are exempted from the definition of ballistic | ||||||
21 | knife as defined in
paragraph (1) of subsection (a) of | ||||||
22 | this Section. | ||||||
23 | (2) The provision of paragraph (1) of subsection (a) | ||||||
24 | of this Section prohibiting the sale, manufacture, | ||||||
25 | purchase, possession, or carrying of any knife, commonly | ||||||
26 | referred to as a switchblade knife, which has a
blade that |
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1 | opens automatically by hand pressure applied to a button,
| ||||||
2 | spring or other device in the handle of the knife, does not | ||||||
3 | apply to a person who possesses a currently valid Firearm | ||||||
4 | Owner's Identification Card previously issued in his or | ||||||
5 | her name by the Illinois State Police or to a person or an | ||||||
6 | entity engaged in the business of selling or manufacturing | ||||||
7 | switchblade knives.
| ||||||
8 | (Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21; | ||||||
9 | 102-1116, eff. 1-10-23.)
| ||||||
10 | Section 99. Effective date. This Act takes effect January | ||||||
11 | 1, 2024.
|