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