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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB2862
Introduced 2/26/2007, by Rep. Tom Cross SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/24-1 |
from Ch. 38, par. 24-1 |
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Amends the Criminal Code of 1961. Makes a technical change in a Section concerning the unlawful use
of weapons.
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A BILL FOR
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HB2862 |
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LRB095 06093 RLC 26186 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing |
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| Section 24-1 as follows:
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| (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
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| Sec. 24-1. Unlawful Use of Weapons.
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| (a) A person commits
the offense of unlawful use of weapons |
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| when
he knowingly:
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| (1) Sells, manufactures, purchases, possesses or |
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| carries any bludgeon,
black-jack, slung-shot, sand-club, |
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| sand-bag, metal knuckles, throwing star,
or any knife, |
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| commonly referred to as a switchblade knife, which has a
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| blade that opens automatically by hand pressure applied to |
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| a button,
spring or other device in the
the handle of the |
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| knife, or a ballistic knife,
which is a device that propels |
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| a knifelike blade as a projectile by means
of a coil |
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| spring, elastic material or compressed gas; or
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| (2) Carries or possesses with intent to use the same |
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| unlawfully
against another, a dagger, dirk, billy, |
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| dangerous knife, razor,
stiletto, broken bottle or other |
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| piece of glass, stun gun or taser or
any other dangerous or |
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| deadly weapon or instrument of like character; or
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LRB095 06093 RLC 26186 b |
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| (3) Carries on or about his person or in any vehicle, a |
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| tear gas gun
projector or bomb or any object containing |
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| noxious liquid gas or
substance, other than an object |
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| containing a non-lethal noxious liquid gas
or substance |
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| designed solely for personal defense carried by a person 18
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| years of age or older; or
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| (4) Carries or possesses in any vehicle or concealed on |
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| or about his
person except when on his land or in his own |
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| abode or fixed place of
business any pistol, revolver, stun |
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| gun or taser or other firearm, except
that
this subsection |
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| (a) (4) does not apply to or affect transportation of |
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| weapons
that meet one of the following conditions:
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| (i) are broken down in a non-functioning state; or
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| (ii) are not immediately accessible; or
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| (iii) are unloaded and enclosed in a case, firearm |
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| carrying box,
shipping box, or other container by a |
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| person who has been issued a currently
valid Firearm |
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| Owner's
Identification Card; or
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| (5) Sets a spring gun; or
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| (6) Possesses any device or attachment of any kind |
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| designed, used or
intended for use in silencing the report |
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| of any firearm; or
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| (7) Sells, manufactures, purchases, possesses or |
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| carries:
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| (i) a machine gun, which shall be defined for the |
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| purposes of this
subsection as any weapon,
which |
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| shoots, is designed to shoot, or can be readily |
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| restored to shoot,
automatically more than one shot |
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| without manually reloading by a single
function of the |
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| trigger, including the frame or receiver
of any such |
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| weapon, or sells, manufactures, purchases, possesses, |
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| or
carries any combination of parts designed or |
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| intended for
use in converting any weapon into a |
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| machine gun, or any combination or
parts from which a |
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| machine gun can be assembled if such parts are in the
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| possession or under the control of a person;
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| (ii) any rifle having one or
more barrels less than |
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| 16 inches in length or a shotgun having one or more
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| barrels less than 18 inches in length or any weapon |
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| made from a rifle or
shotgun, whether by alteration, |
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| modification, or otherwise, if such a weapon
as |
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| modified has an overall length of less than 26 inches; |
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| or
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| (iii) any
bomb, bomb-shell, grenade, bottle or |
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| other container containing an
explosive substance of |
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| over one-quarter ounce for like purposes, such
as, but |
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| not limited to, black powder bombs and Molotov |
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| cocktails or
artillery projectiles; or
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| (8) Carries or possesses any firearm, stun gun or taser |
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| or other
deadly weapon in any place which is licensed to |
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| sell intoxicating
beverages, or at any public gathering |
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| held pursuant to a license issued
by any governmental body |
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LRB095 06093 RLC 26186 b |
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| or any public gathering at which an admission
is charged, |
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| excluding a place where a showing, demonstration or lecture
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| involving the exhibition of unloaded firearms is |
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| conducted.
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| This subsection (a)(8) does not apply to any auction or |
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| raffle of a firearm
held pursuant to
a license or permit |
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| issued by a governmental body, nor does it apply to persons
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| engaged
in firearm safety training courses; or
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| (9) Carries or possesses in a vehicle or on or about |
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| his person any
pistol, revolver, stun gun or taser or |
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| firearm or ballistic knife, when
he is hooded, robed or |
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| masked in such manner as to conceal his identity; or
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| (10) Carries or possesses on or about his person, upon |
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| any public street,
alley, or other public lands within the |
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| corporate limits of a city, village
or incorporated town, |
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| except when an invitee thereon or therein, for the
purpose |
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| of the display of such weapon or the lawful commerce in |
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| weapons, or
except when on his land or in his own abode or |
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| fixed place of business, any
pistol, revolver, stun gun or |
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| taser or other firearm, except that this
subsection (a) |
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| (10) does not apply to or affect transportation of weapons |
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| that
meet one of the following conditions:
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| (i) are broken down in a non-functioning state; or
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| (ii) are not immediately accessible; or
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| (iii) are unloaded and enclosed in a case, firearm |
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| carrying box,
shipping box, or other container by a |
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LRB095 06093 RLC 26186 b |
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| person who has been issued a currently
valid Firearm |
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| Owner's
Identification Card.
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| A "stun gun or taser", as used in this paragraph (a) |
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| means (i) any device
which is powered by electrical |
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| charging units, such as, batteries, and
which fires one or |
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| several barbs attached to a length of wire and
which, upon |
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| hitting a human, can send out a current capable of |
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| disrupting
the person's nervous system in such a manner as |
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| to render him incapable of
normal functioning or (ii) any |
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| device which is powered by electrical
charging units, such |
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| as batteries, and which, upon contact with a human or
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| clothing worn by a human, can send out current capable of |
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| disrupting
the person's nervous system in such a manner as |
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| to render him incapable
of normal functioning; or
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| (11) Sells, manufactures or purchases any explosive |
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| bullet. For purposes
of this paragraph (a) "explosive |
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| bullet" means the projectile portion of
an ammunition |
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| cartridge which contains or carries an explosive charge |
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| which
will explode upon contact with the flesh of a human |
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| or an animal.
"Cartridge" means a tubular metal case having |
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| a projectile affixed at the
front thereof and a cap or |
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| primer at the rear end thereof, with the
propellant |
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| contained in such tube between the projectile and the cap; |
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| or
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| (12) (Blank).
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| (b) Sentence. A person convicted of a violation of |
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LRB095 06093 RLC 26186 b |
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| subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
or |
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| subsection 24-1(a)(11) commits a Class A
misdemeanor.
A person |
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| convicted of a violation of subsection
24-1(a)(8) or 24-1(a)(9) |
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| commits a
Class 4 felony; a person
convicted of a violation of |
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| subsection 24-1(a)(6) or 24-1(a)(7)(ii) or (iii)
commits a |
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| Class 3 felony. A person convicted of a violation of subsection
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| 24-1(a)(7)(i) commits a Class 2 felony and shall be sentenced |
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| to a term of imprisonment of not less than 3 years and not more |
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| than 7 years, unless the weapon is possessed in the
passenger |
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| compartment of a motor vehicle as defined in Section 1-146 of |
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| the
Illinois Vehicle Code, or on the person, while the weapon |
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| is loaded, in which
case it shall be a Class X felony. A person |
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| convicted of a
second or subsequent violation of subsection |
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| 24-1(a)(4), 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a |
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| Class 3 felony. The possession of each weapon in violation of |
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| this Section constitutes a single and separate violation.
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| (c) Violations in specific places.
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| (1) A person who violates subsection 24-1(a)(6) or |
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| 24-1(a)(7) in any
school, regardless of the time of day or |
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| the time of year, in residential
property owned, operated |
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| or managed by a public housing agency or
leased by
a public |
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| housing agency as part of a scattered site or mixed-income
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| development, in a
public park, in a courthouse, on the real |
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| property comprising any school,
regardless of the
time of |
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| day or the time of year, on residential property owned, |
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| operated
or
managed by a public housing agency
or leased by |
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LRB095 06093 RLC 26186 b |
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| a public housing agency as part of a scattered site or
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| mixed-income development,
on the real property comprising |
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| any
public park, on the real property comprising any |
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| courthouse, in any conveyance
owned, leased or contracted |
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| by a school to
transport students to or from school or a |
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| school related activity, or on any
public way within 1,000 |
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| feet of the real property comprising any school,
public |
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| park, courthouse, or residential property owned, operated, |
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| or managed
by a public housing agency
or leased by a public |
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| housing agency as part of a scattered site or
mixed-income |
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| development
commits a Class 2 felony and shall be sentenced |
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| to a term of imprisonment of not less than 3 years and not |
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| more than 7 years.
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| (1.5) A person who violates subsection 24-1(a)(4), |
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| 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the |
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| time of day or the time of year,
in residential property |
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| owned, operated, or managed by a public
housing
agency
or |
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| leased by a public housing agency as part of a scattered |
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| site or
mixed-income development,
in
a public
park, in a |
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| courthouse, on the real property comprising any school, |
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| regardless
of the time of day or the time of year, on |
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| residential property owned,
operated, or managed by a |
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| public housing agency
or leased by a public housing agency |
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| as part of a scattered site or
mixed-income development,
on |
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| the real property
comprising any public park, on the real |
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| property comprising any courthouse, in
any conveyance |
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LRB095 06093 RLC 26186 b |
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| owned, leased, or contracted by a school to transport |
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| students
to or from school or a school related activity, or |
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| on any public way within
1,000 feet of the real property |
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| comprising any school, public park, courthouse,
or |
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| residential property owned, operated, or managed by a |
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| public
housing agency
or leased by a public housing agency |
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| as part of a scattered site or
mixed-income development
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| commits a Class 3 felony.
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| (2) A person who violates subsection 24-1(a)(1), |
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| 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the |
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| time of day or the time of year, in
residential property |
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| owned, operated or managed by a public housing
agency
or |
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| leased by a public housing agency as part of a scattered |
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| site or
mixed-income development,
in
a public park, in a |
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| courthouse, on the real property comprising any school,
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| regardless of the time of day or the time of year, on |
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| residential property
owned, operated or managed by a public |
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| housing agency
or leased by a public housing agency as part |
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| of a scattered site or
mixed-income development,
on the |
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| real property
comprising any public park, on the real |
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| property comprising any courthouse, in
any conveyance |
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| owned, leased or contracted by a school to transport |
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| students
to or from school or a school related activity, or |
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| on any public way within
1,000 feet of the real property |
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| comprising any school, public park, courthouse,
or |
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| residential property owned, operated, or managed by a |
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| public
housing agency or leased by a public housing agency |
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| as part of a scattered
site or mixed-income development |
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| commits a Class 4 felony. "Courthouse"
means any building |
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| that is used by the Circuit, Appellate, or Supreme Court of
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| this State for the conduct of official business.
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| (3) Paragraphs (1), (1.5), and (2) of this subsection |
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| (c) shall not
apply to law
enforcement officers or security |
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| officers of such school, college, or
university or to |
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| students carrying or possessing firearms for use in |
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| training
courses, parades, hunting, target shooting on |
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| school ranges, or otherwise with
the consent of school |
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| authorities and which firearms are transported unloaded
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| enclosed in a suitable case, box, or transportation |
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| package.
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| (4) For the purposes of this subsection (c), "school" |
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| means any public or
private elementary or secondary school, |
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| community college, college, or
university.
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| (d) The presence in an automobile other than a public |
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| omnibus of any
weapon, instrument or substance referred to in |
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| subsection (a)(7) is
prima facie evidence that it is in the |
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| possession of, and is being
carried by, all persons occupying |
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| such automobile at the time such
weapon, instrument or |
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| substance is found, except under the following
circumstances: |
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| (i) if such weapon, instrument or instrumentality is
found upon |
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| the person of one of the occupants therein; or (ii) if such
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| weapon, instrument or substance is found in an automobile |
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| operated for
hire by a duly licensed driver in the due, lawful |
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| and proper pursuit of
his trade, then such presumption shall |
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| not apply to the driver.
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| (e) Exemptions. Crossbows, Common or Compound bows and |
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| Underwater
Spearguns are exempted from the definition of |
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| ballistic knife as defined in
paragraph (1) of subsection (a) |
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| of this Section.
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| (Source: P.A. 94-72, eff. 1-1-06; 94-284, eff. 7-21-05; revised |
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| 8-19-05.)
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