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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 1961 is amended by changing | ||||||||||||||||||||||||
5 | 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 weapons | ||||||||||||||||||||||||
9 | 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, throwing star,
or any knife, | ||||||||||||||||||||||||
13 | commonly referred to as a switchblade knife, which has a
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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
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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
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1 | (3) Carries on or about his person or in any vehicle, a | ||||||
2 | tear gas gun
projector or bomb or any object containing | ||||||
3 | noxious liquid gas or
substance, other than an object | ||||||
4 | containing a non-lethal noxious liquid gas
or substance | ||||||
5 | designed solely for personal defense carried by a person 18
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6 | years of age or older; or
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7 | (4) Carries or possesses in any vehicle or concealed on | ||||||
8 | or about his
person except when on his land or in his own | ||||||
9 | abode or fixed place of
business any pistol, revolver, stun | ||||||
10 | gun or taser or other firearm, except
that
this subsection | ||||||
11 | (a) (4) does not apply to or affect transportation of | ||||||
12 | weapons
that meet 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 | (5) Sets a spring gun; or
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20 | (6) Possesses any device or attachment of any kind | ||||||
21 | designed, used or
intended for use in silencing the report | ||||||
22 | of any firearm; or
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23 | (7) Sells, manufactures, purchases, possesses or | ||||||
24 | carries:
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25 | (i) a machine gun, which shall be defined for the | ||||||
26 | purposes of this
subsection as any weapon,
which |
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1 | shoots, is designed to shoot, or can be readily | ||||||
2 | restored to shoot,
automatically more than one shot | ||||||
3 | without manually reloading by a single
function of the | ||||||
4 | trigger, including the frame or receiver
of any such | ||||||
5 | weapon, or sells, manufactures, purchases, possesses, | ||||||
6 | or
carries any combination of parts designed or | ||||||
7 | intended for
use in converting any weapon into a | ||||||
8 | machine gun, or any combination or
parts from which a | ||||||
9 | machine gun can be assembled if such parts are in the
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10 | possession or under the control of a person;
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11 | (ii) any rifle having one or
more barrels less than | ||||||
12 | 16 inches in length or a shotgun having one or more
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13 | barrels less than 18 inches in length or any weapon | ||||||
14 | made from a rifle or
shotgun, whether by alteration, | ||||||
15 | modification, or otherwise, if such a weapon
as | ||||||
16 | modified has an overall length of less than 26 inches; | ||||||
17 | or
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18 | (iii) any
bomb, bomb-shell, grenade, bottle or | ||||||
19 | other container containing an
explosive substance of | ||||||
20 | over one-quarter ounce for like purposes, such
as, but | ||||||
21 | not limited to, black powder bombs and Molotov | ||||||
22 | cocktails or
artillery projectiles; or
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23 | (8) Carries or possesses any firearm, stun gun or taser | ||||||
24 | or other
deadly weapon in any place which is licensed to | ||||||
25 | sell intoxicating
beverages, or at any public gathering | ||||||
26 | held pursuant to a license issued
by any governmental body |
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1 | or any public gathering at which an admission
is charged, | ||||||
2 | excluding a place where a showing, demonstration or lecture
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3 | involving the exhibition of unloaded firearms is | ||||||
4 | conducted.
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5 | This subsection (a)(8) does not apply to any auction or | ||||||
6 | raffle of a firearm
held pursuant to
a license or permit | ||||||
7 | issued by a governmental body, nor does it apply to persons
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8 | engaged
in firearm safety training courses; or
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9 | (9) Carries or possesses in a vehicle or on or about | ||||||
10 | his person any
pistol, revolver, stun gun or taser or | ||||||
11 | firearm or ballistic knife, when
he is hooded, robed or | ||||||
12 | masked in such manner as to conceal his identity; or
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13 | (10) Carries or possesses on or about his person, upon | ||||||
14 | any public street,
alley, or other public lands within the | ||||||
15 | corporate limits of a city, village
or incorporated town, | ||||||
16 | except when an invitee thereon or therein, for the
purpose | ||||||
17 | of the display of such weapon or the lawful commerce in | ||||||
18 | weapons, or
except when on his land or in his own abode or | ||||||
19 | fixed place of business, any
pistol, revolver, stun gun or | ||||||
20 | taser or other firearm, except that this
subsection (a) | ||||||
21 | (10) does not apply to or affect transportation of weapons | ||||||
22 | that
meet one of the following conditions:
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23 | (i) are broken down in a non-functioning state; or
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24 | (ii) are not immediately accessible; or
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25 | (iii) are unloaded and enclosed in a case, firearm | ||||||
26 | carrying box,
shipping box, or other container by a |
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1 | person who has been issued a currently
valid Firearm | ||||||
2 | Owner's
Identification Card.
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3 | A "stun gun or taser", as used in this paragraph (a) | ||||||
4 | means (i) any device
which is powered by electrical | ||||||
5 | charging units, such as, batteries, and
which fires one or | ||||||
6 | several barbs attached to a length of wire and
which, upon | ||||||
7 | hitting a human, can send out a current capable of | ||||||
8 | disrupting
the person's nervous system in such a manner as | ||||||
9 | to render him incapable of
normal functioning or (ii) any | ||||||
10 | device which is powered by electrical
charging units, such | ||||||
11 | as batteries, and which, upon contact with a human or
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12 | clothing worn by a human, can send out current capable of | ||||||
13 | disrupting
the person's nervous system in such a manner as | ||||||
14 | to render him incapable
of normal functioning; or
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15 | (11) Sells, manufactures or purchases any explosive | ||||||
16 | bullet. For purposes
of this paragraph (a) "explosive | ||||||
17 | bullet" means the projectile portion of
an ammunition | ||||||
18 | cartridge which contains or carries an explosive charge | ||||||
19 | which
will explode upon contact with the flesh of a human | ||||||
20 | or an animal.
"Cartridge" means a tubular metal case having | ||||||
21 | a projectile affixed at the
front thereof and a cap or | ||||||
22 | primer at the rear end thereof, with the
propellant | ||||||
23 | contained in such tube between the projectile and the cap; | ||||||
24 | or
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25 | (12) (Blank).
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26 | (b) Sentence. A person convicted of a violation of |
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1 | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
or | ||||||
2 | subsection 24-1(a)(11) commits a Class A
misdemeanor.
A person | ||||||
3 | convicted of a violation of subsection
24-1(a)(8) or 24-1(a)(9) | ||||||
4 | commits a
Class 4 felony; a person
convicted of a violation of | ||||||
5 | subsection 24-1(a)(6) or 24-1(a)(7)(ii) or (iii)
commits a | ||||||
6 | Class 3 felony. A person convicted of a violation of subsection
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7 | 24-1(a)(7)(i) commits a Class 2 felony and shall be sentenced | ||||||
8 | to a term of imprisonment of not less than 3 years and not more | ||||||
9 | than 7 years, unless the weapon is possessed in the
passenger | ||||||
10 | compartment of a motor vehicle as defined in Section 1-146 of | ||||||
11 | the
Illinois Vehicle Code, or on the person, while the weapon | ||||||
12 | is loaded, in which
case it shall be a Class X felony. A person | ||||||
13 | convicted of a
second or subsequent violation of subsection | ||||||
14 | 24-1(a)(4), 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a | ||||||
15 | Class 3 felony. The possession of each weapon in violation of | ||||||
16 | this Section constitutes a single and separate violation.
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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 real | ||||||
24 | property comprising any school,
regardless of the
time of | ||||||
25 | day or the time of year, on residential property owned, | ||||||
26 | operated
or
managed by a public housing agency
or leased by |
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1 | a public housing agency as part of a scattered site or
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2 | mixed-income development,
on the real property comprising | ||||||
3 | any
public park, on the real property comprising any | ||||||
4 | courthouse, in any conveyance
owned, leased or contracted | ||||||
5 | by a school to
transport students to or from school or a | ||||||
6 | school related activity, in any conveyance
owned, leased, | ||||||
7 | or contracted by a public transportation agency, or on any
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8 | public way within 1,000 feet of the real property | ||||||
9 | comprising any school,
public park, courthouse, public | ||||||
10 | transportation facility, or residential property owned, | ||||||
11 | operated, or managed
by a public housing agency
or leased | ||||||
12 | by a public housing agency as part of a scattered site or
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13 | mixed-income development
commits a Class 2 felony and shall | ||||||
14 | be sentenced to a term of imprisonment of not less than 3 | ||||||
15 | 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 the | ||||||
18 | time of day or the time of year,
in residential property | ||||||
19 | owned, operated, or managed by a public
housing
agency
or | ||||||
20 | leased by a public housing agency as part of a scattered | ||||||
21 | site or
mixed-income development,
in
a public
park, in a | ||||||
22 | courthouse, on the real property comprising any school, | ||||||
23 | regardless
of the time of day or the time of year, on | ||||||
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,
on |
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1 | the real property
comprising any public park, on the real | ||||||
2 | 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, in | ||||||
5 | 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 public | ||||||
22 | housing agency
or leased by a public housing agency as part | ||||||
23 | of a scattered site or
mixed-income development,
on the | ||||||
24 | real property
comprising any public park, on the real | ||||||
25 | 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, in | ||||||
2 | 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 of
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11 | 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 security | ||||||
14 | officers of such school, college, or
university or to | ||||||
15 | 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
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19 | enclosed in a suitable case, box, or transportation | ||||||
20 | package.
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21 | (4) For the purposes of this subsection (c), "school" | ||||||
22 | means any public or
private elementary or secondary school, | ||||||
23 | 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
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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 upon | ||||||
13 | the person of one of the occupants therein; or (ii) if such
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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.
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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.
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22 | (Source: P.A. 94-72, eff. 1-1-06; 94-284, eff. 7-21-05; revised | ||||||
23 | 8-19-05.)
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