94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB2079

 

Introduced 2/14/2005, by Rep. Michael J. Madigan - Barbara Flynn Currie - Robert S. Molaro

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-1   from Ch. 38, par. 24-1

    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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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 1961 is amended by changing
5 Section 24-1 as follows:
 
6     (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
7     Sec. 24-1. Unlawful Use of Weapons.
8     (a) A person commits the the offense of unlawful use of
9 weapons when he knowingly:
10         (1) Sells, manufactures, purchases, possesses or
11     carries any bludgeon, black-jack, slung-shot, sand-club,
12     sand-bag, metal knuckles, throwing star, or any knife,
13     commonly referred to as a switchblade knife, which has a
14     blade that opens automatically by hand pressure applied to
15     a button, spring or other device in the handle of the
16     knife, or a ballistic knife, which is a device that propels
17     a knifelike blade as a projectile by means of a coil
18     spring, elastic material or compressed gas; or
19         (2) Carries or possesses with intent to use the same
20     unlawfully against another, a dagger, dirk, billy,
21     dangerous knife, razor, stiletto, broken bottle or other
22     piece of glass, stun gun or taser or any other dangerous or
23     deadly weapon or instrument of like character; or
24         (3) Carries on or about his person or in any vehicle, a
25     tear gas gun projector or bomb or any object containing
26     noxious liquid gas or substance, other than an object
27     containing a non-lethal noxious liquid gas or substance
28     designed solely for personal defense carried by a person 18
29     years of age or older; or
30         (4) Carries or possesses in any vehicle or concealed on
31     or about his person except when on his land or in his own
32     abode or fixed place of business any pistol, revolver, stun

 

 

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1     gun or taser or other firearm, except that this subsection
2     (a) (4) does not apply to or affect transportation of
3     weapons that meet one of the following conditions:
4             (i) are broken down in a non-functioning state; or
5             (ii) are not immediately accessible; or
6             (iii) are unloaded and enclosed in a case, firearm
7         carrying box, shipping box, or other container by a
8         person who has been issued a currently valid Firearm
9         Owner's Identification Card; or
10         (5) Sets a spring gun; or
11         (6) Possesses any device or attachment of any kind
12     designed, used or intended for use in silencing the report
13     of any firearm; or
14         (7) Sells, manufactures, purchases, possesses or
15     carries:
16             (i) a machine gun, which shall be defined for the
17         purposes of this subsection as any weapon, which
18         shoots, is designed to shoot, or can be readily
19         restored to shoot, automatically more than one shot
20         without manually reloading by a single function of the
21         trigger, including the frame or receiver of any such
22         weapon, or sells, manufactures, purchases, possesses,
23         or carries any combination of parts designed or
24         intended for use in converting any weapon into a
25         machine gun, or any combination or parts from which a
26         machine gun can be assembled if such parts are in the
27         possession or under the control of a person;
28             (ii) any rifle having one or more barrels less than
29         16 inches in length or a shotgun having one or more
30         barrels less than 18 inches in length or any weapon
31         made from a rifle or shotgun, whether by alteration,
32         modification, or otherwise, if such a weapon as
33         modified has an overall length of less than 26 inches;
34         or
35             (iii) any bomb, bomb-shell, grenade, bottle or
36         other container containing an explosive substance of

 

 

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1         over one-quarter ounce for like purposes, such as, but
2         not limited to, black powder bombs and Molotov
3         cocktails or artillery projectiles; or
4         (8) Carries or possesses any firearm, stun gun or taser
5     or other deadly weapon in any place which is licensed to
6     sell intoxicating beverages, or at any public gathering
7     held pursuant to a license issued by any governmental body
8     or any public gathering at which an admission is charged,
9     excluding a place where a showing, demonstration or lecture
10     involving the exhibition of unloaded firearms is
11     conducted.
12         This subsection (a)(8) does not apply to any auction or
13     raffle of a firearm held pursuant to a license or permit
14     issued by a governmental body, nor does it apply to persons
15     engaged in firearm safety training courses; or
16         (9) Carries or possesses in a vehicle or on or about
17     his person any pistol, revolver, stun gun or taser or
18     firearm or ballistic knife, when he is hooded, robed or
19     masked in such manner as to conceal his identity; or
20         (10) Carries or possesses on or about his person, upon
21     any public street, alley, or other public lands within the
22     corporate limits of a city, village or incorporated town,
23     except when an invitee thereon or therein, for the purpose
24     of the display of such weapon or the lawful commerce in
25     weapons, or except when on his land or in his own abode or
26     fixed place of business, any pistol, revolver, stun gun or
27     taser or other firearm, except that this subsection (a)
28     (10) does not apply to or affect transportation of weapons
29     that meet one of the following conditions:
30             (i) are broken down in a non-functioning state; or
31             (ii) are not immediately accessible; or
32             (iii) are unloaded and enclosed in a case, firearm
33         carrying box, shipping box, or other container by a
34         person who has been issued a currently valid Firearm
35         Owner's Identification Card.
36         A "stun gun or taser", as used in this paragraph (a)

 

 

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1     means (i) any device which is powered by electrical
2     charging units, such as, batteries, and which fires one or
3     several barbs attached to a length of wire and which, upon
4     hitting a human, can send out a current capable of
5     disrupting the person's nervous system in such a manner as
6     to render him incapable of normal functioning or (ii) any
7     device which is powered by electrical charging units, such
8     as batteries, and which, upon contact with a human or
9     clothing worn by a human, can send out current capable of
10     disrupting the person's nervous system in such a manner as
11     to render him incapable of normal functioning; or
12         (11) Sells, manufactures or purchases any explosive
13     bullet. For purposes of this paragraph (a) "explosive
14     bullet" means the projectile portion of an ammunition
15     cartridge which contains or carries an explosive charge
16     which will explode upon contact with the flesh of a human
17     or an animal. "Cartridge" means a tubular metal case having
18     a projectile affixed at the front thereof and a cap or
19     primer at the rear end thereof, with the propellant
20     contained in such tube between the projectile and the cap;
21     or
22         (12) (Blank).
23     (b) Sentence. A person convicted of a violation of
24 subsection 24-1(a)(1) through (5), subsection 24-1(a)(10), or
25 subsection 24-1(a)(11) commits a Class A misdemeanor. A person
26 convicted of a violation of subsection 24-1(a)(8) or 24-1(a)(9)
27 commits a Class 4 felony; a person convicted of a violation of
28 subsection 24-1(a)(6) or 24-1(a)(7)(ii) or (iii) commits a
29 Class 3 felony. A person convicted of a violation of subsection
30 24-1(a)(7)(i) commits a Class 2 felony, unless the weapon is
31 possessed in the passenger compartment of a motor vehicle as
32 defined in Section 1-146 of the Illinois Vehicle Code, or on
33 the person, while the weapon is loaded, in which case it shall
34 be a Class X felony. A person convicted of a second or
35 subsequent violation of subsection 24-1(a)(4), 24-1(a)(8),
36 24-1(a)(9), or 24-1(a)(10) commits a Class 3 felony.

 

 

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1     (c) Violations in specific places.
2         (1) A person who violates subsection 24-1(a)(6) or
3     24-1(a)(7) in any school, regardless of the time of day or
4     the time of year, in residential property owned, operated
5     or managed by a public housing agency or leased by a public
6     housing agency as part of a scattered site or mixed-income
7     development, in a public park, in a courthouse, on the real
8     property comprising any school, regardless of the time of
9     day or the time of year, on residential property owned,
10     operated or managed by a public housing agency or leased by
11     a public housing agency as part of a scattered site or
12     mixed-income development, on the real property comprising
13     any public park, on the real property comprising any
14     courthouse, in any conveyance owned, leased or contracted
15     by a school to transport students to or from school or a
16     school related activity, or on any public way within 1,000
17     feet of the real property comprising any school, public
18     park, courthouse, or residential property owned, operated,
19     or managed by a public housing agency or leased by a public
20     housing agency as part of a scattered site or mixed-income
21     development commits a Class 2 felony.
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 the
24     time of day or the time of year, in residential property
25     owned, operated, or managed by a public housing agency or
26     leased by a public housing agency as part of a scattered
27     site or mixed-income development, in a public park, in a
28     courthouse, on the real property comprising any school,
29     regardless of the time of day or the time of year, on
30     residential property owned, operated, or managed by a
31     public housing agency or leased by a public housing agency
32     as part of a scattered site or mixed-income development, on
33     the real property comprising any public park, on the real
34     property comprising any courthouse, in any conveyance
35     owned, leased, or contracted by a school to transport
36     students to or from school or a school related activity, or

 

 

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1     on any public way within 1,000 feet of the real property
2     comprising any school, public park, courthouse, or
3     residential property owned, operated, or managed by a
4     public housing agency or leased by a public housing agency
5     as part of a scattered site or mixed-income development
6     commits a Class 3 felony.
7         (2) A person who violates subsection 24-1(a)(1),
8     24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
9     time of day or the time of year, in residential property
10     owned, operated or managed by a public housing agency or
11     leased by a public housing agency as part of a scattered
12     site or mixed-income development, in a public park, in a
13     courthouse, on the real property comprising any school,
14     regardless of the time of day or the time of year, on
15     residential property owned, operated or managed by a public
16     housing agency or leased by a public housing agency as part
17     of a scattered site or mixed-income development, on the
18     real property comprising any public park, on the real
19     property comprising any courthouse, in any conveyance
20     owned, leased or contracted by a school to transport
21     students to or from school or a school related activity, or
22     on any public way within 1,000 feet of the real property
23     comprising any school, public park, courthouse, or
24     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
27     commits a Class 4 felony. "Courthouse" means any building
28     that is used by the Circuit, Appellate, or Supreme Court of
29     this State for the conduct of official business.
30         (3) Paragraphs (1), (1.5), and (2) of this subsection
31     (c) shall not apply to law enforcement officers or security
32     officers of such school, college, or university or to
33     students carrying or possessing firearms for use in
34     training courses, parades, hunting, target shooting on
35     school ranges, or otherwise with the consent of school
36     authorities and which firearms are transported unloaded

 

 

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1     enclosed in a suitable case, box, or transportation
2     package.
3         (4) For the purposes of this subsection (c), "school"
4     means any public or private elementary or secondary school,
5     community college, college, or university.
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 upon
13 the person of one of the occupants therein; or (ii) if such
14 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 trade, then such presumption shall
17 not apply to the driver.
18     (e) Exemptions. Crossbows, Common or Compound bows and
19 Underwater Spearguns are exempted from the definition of
20 ballistic knife as defined in paragraph (1) of subsection (a)
21 of this Section.
22 (Source: P.A. 90-686, eff. 1-1-99; 91-673, eff. 12-22-99;
23 91-690, eff. 4-13-00.)