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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB5240 Introduced 2/8/2012, by Rep. David Reis SYNOPSIS AS INTRODUCED: | | 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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| | HB5240 | | LRB097 19562 RLC 64816 b |
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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, |
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
the offense of unlawful use of |
9 | | weapons when
he knowingly:
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10 | | (1) Sells, manufactures, purchases, possesses or |
11 | | carries any bludgeon,
black-jack, slung-shot, sand-club, |
12 | | sand-bag, metal knuckles or other knuckle weapon |
13 | | regardless of its composition, throwing star,
or any knife, |
14 | | commonly referred to as a switchblade knife, which has a
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15 | | blade that opens automatically by hand pressure applied to |
16 | | a button,
spring or other device in the handle of the |
17 | | knife, or a ballistic knife,
which is a device that propels |
18 | | a knifelike blade as a projectile by means
of a coil |
19 | | spring, elastic material or compressed gas; or
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20 | | (2) Carries or possesses with intent to use the same |
21 | | unlawfully
against another, a dagger, dirk, billy, |
22 | | dangerous knife, razor,
stiletto, broken bottle or other |
23 | | piece of glass, stun gun or taser or
any other dangerous or |
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1 | | deadly weapon or instrument of like character; or
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2 | | (3) Carries on or about his person or in any vehicle, a |
3 | | tear gas gun
projector or bomb or any object containing |
4 | | noxious liquid gas or
substance, other than an object |
5 | | containing a non-lethal noxious liquid gas
or substance |
6 | | designed solely for personal defense carried by a person 18
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7 | | years of age or older; or
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8 | | (4) Carries or possesses in any vehicle or concealed on |
9 | | or about his
person except when on his land or in his own |
10 | | abode, legal dwelling, or fixed place of
business, or on |
11 | | the land or in the legal dwelling of another person as an |
12 | | invitee with that person's permission, any pistol, |
13 | | revolver, stun gun or taser or other firearm, except
that
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14 | | this subsection (a) (4) does not apply to or affect |
15 | | transportation of weapons
that meet one of the following |
16 | | conditions:
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17 | | (i) are broken down in a non-functioning state; or
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18 | | (ii) are not immediately accessible; or
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19 | | (iii) are unloaded and enclosed in a case, firearm |
20 | | carrying box,
shipping box, or other container by a |
21 | | person who has been issued a currently
valid Firearm |
22 | | Owner's
Identification Card; or
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23 | | (5) Sets a spring gun; or
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24 | | (6) Possesses any device or attachment of any kind |
25 | | designed, used or
intended for use in silencing the report |
26 | | of any firearm; or
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1 | | (7) Sells, manufactures, purchases, possesses or |
2 | | carries:
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3 | | (i) a machine gun, which shall be defined for the |
4 | | purposes of this
subsection as any weapon,
which |
5 | | shoots, is designed to shoot, or can be readily |
6 | | restored to shoot,
automatically more than one shot |
7 | | without manually reloading by a single
function of the |
8 | | trigger, including the frame or receiver
of any such |
9 | | weapon, or sells, manufactures, purchases, possesses, |
10 | | or
carries any combination of parts designed or |
11 | | intended for
use in converting any weapon into a |
12 | | machine gun, or any combination or
parts from which a |
13 | | machine gun can be assembled if such parts are in the
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14 | | possession or under the control of a person;
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15 | | (ii) any rifle having one or
more barrels less than |
16 | | 16 inches in length or a shotgun having one or more
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17 | | barrels less than 18 inches in length or any weapon |
18 | | made from a rifle or
shotgun, whether by alteration, |
19 | | modification, or otherwise, if such a weapon
as |
20 | | modified has an overall length of less than 26 inches; |
21 | | or
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22 | | (iii) any
bomb, bomb-shell, grenade, bottle or |
23 | | other container containing an
explosive substance of |
24 | | over one-quarter ounce for like purposes, such
as, but |
25 | | not limited to, black powder bombs and Molotov |
26 | | cocktails or
artillery projectiles; or
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1 | | (8) Carries or possesses any firearm, stun gun or taser |
2 | | or other
deadly weapon in any place which is licensed to |
3 | | sell intoxicating
beverages, or at any public gathering |
4 | | held pursuant to a license issued
by any governmental body |
5 | | or any public gathering at which an admission
is charged, |
6 | | excluding a place where a showing, demonstration or lecture
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7 | | involving the exhibition of unloaded firearms is |
8 | | conducted.
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9 | | This subsection (a)(8) does not apply to any auction or |
10 | | raffle of a firearm
held pursuant to
a license or permit |
11 | | issued by a governmental body, nor does it apply to persons
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12 | | engaged
in firearm safety training courses; or
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13 | | (9) Carries or possesses in a vehicle or on or about |
14 | | his person any
pistol, revolver, stun gun or taser or |
15 | | firearm or ballistic knife, when
he is hooded, robed or |
16 | | masked in such manner as to conceal his identity; or
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17 | | (10) Carries or possesses on or about his person, upon |
18 | | any public street,
alley, or other public lands within the |
19 | | corporate limits of a city, village
or incorporated town, |
20 | | except when an invitee thereon or therein, for the
purpose |
21 | | of the display of such weapon or the lawful commerce in |
22 | | weapons, or
except when on his land or in his own abode, |
23 | | legal dwelling, or fixed place of business, or on the land |
24 | | or in the legal dwelling of another person as an invitee |
25 | | with that person's permission, any
pistol, revolver, stun |
26 | | gun or taser or other firearm, except that this
subsection |
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1 | | (a) (10) does not apply to or affect transportation of |
2 | | weapons that
meet one of the following conditions:
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3 | | (i) are broken down in a non-functioning state; or
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4 | | (ii) are not immediately accessible; or
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5 | | (iii) are unloaded and enclosed in a case, firearm |
6 | | carrying box,
shipping box, or other container by a |
7 | | person who has been issued a currently
valid Firearm |
8 | | Owner's
Identification Card.
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9 | | A "stun gun or taser", as used in this paragraph (a) |
10 | | means (i) any device
which is powered by electrical |
11 | | charging units, such as, batteries, and
which fires one or |
12 | | several barbs attached to a length of wire and
which, upon |
13 | | hitting a human, can send out a current capable of |
14 | | disrupting
the person's nervous system in such a manner as |
15 | | to render him incapable of
normal functioning or (ii) any |
16 | | device which is powered by electrical
charging units, such |
17 | | as batteries, and which, upon contact with a human or
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18 | | clothing worn by a human, can send out current capable of |
19 | | disrupting
the person's nervous system in such a manner as |
20 | | to render him incapable
of normal functioning; or
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21 | | (11) Sells, manufactures or purchases any explosive |
22 | | bullet. For purposes
of this paragraph (a) "explosive |
23 | | bullet" means the projectile portion of
an ammunition |
24 | | cartridge which contains or carries an explosive charge |
25 | | which
will explode upon contact with the flesh of a human |
26 | | or an animal.
"Cartridge" means a tubular metal case having |
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1 | | a projectile affixed at the
front thereof and a cap or |
2 | | primer at the rear end thereof, with the
propellant |
3 | | contained in such tube between the projectile and the cap; |
4 | | or
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5 | | (12) (Blank); or
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6 | | (13) Carries or possesses on or about his or her person |
7 | | while in a building occupied by a unit of government, a |
8 | | billy club, other weapon of like character, or other |
9 | | instrument of like character intended for use as a weapon. |
10 | | For the purposes of this Section, "billy club" means a |
11 | | short stick or club commonly carried by police officers |
12 | | which is either telescopic or constructed of a solid piece |
13 | | of wood or other man-made material. |
14 | | (b) Sentence. A person convicted of a violation of |
15 | | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
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16 | | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a |
17 | | Class A
misdemeanor.
A person convicted of a violation of |
18 | | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a |
19 | | person
convicted of a violation of subsection 24-1(a)(6) or |
20 | | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person |
21 | | convicted of a violation of subsection
24-1(a)(7)(i) commits a |
22 | | Class 2 felony and shall be sentenced to a term of imprisonment |
23 | | of not less than 3 years and not more than 7 years, unless the |
24 | | weapon is possessed in the
passenger compartment of a motor |
25 | | vehicle as defined in Section 1-146 of the
Illinois Vehicle |
26 | | Code, or on the person, while the weapon is loaded, in which
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1 | | case it shall be a Class X felony. A person convicted of a
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2 | | second or subsequent violation of subsection 24-1(a)(4), |
3 | | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 |
4 | | felony. The possession of each weapon in violation of this |
5 | | Section constitutes a single and separate violation.
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6 | | (c) Violations in specific places.
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7 | | (1) A person who violates subsection 24-1(a)(6) or |
8 | | 24-1(a)(7) in any
school, regardless of the time of day or |
9 | | the time of year, in residential
property owned, operated |
10 | | or managed by a public housing agency or
leased by
a public |
11 | | housing agency as part of a scattered site or mixed-income
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12 | | development, in a
public park, in a courthouse, on the real |
13 | | property comprising any school,
regardless of the
time of |
14 | | day or the time of year, on residential property owned, |
15 | | operated
or
managed by a public housing agency
or leased by |
16 | | a public housing agency as part of a scattered site or
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17 | | mixed-income development,
on the real property comprising |
18 | | any
public park, on the real property comprising any |
19 | | courthouse, in any conveyance
owned, leased or contracted |
20 | | by a school to
transport students to or from school or a |
21 | | school related activity, in any conveyance
owned, leased, |
22 | | or contracted by a public transportation agency, or on any
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23 | | public way within 1,000 feet of the real property |
24 | | comprising any school,
public park, courthouse, public |
25 | | transportation facility, or residential property owned, |
26 | | operated, or managed
by a public housing agency
or leased |
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1 | | by a public housing agency as part of a scattered site or
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2 | | mixed-income development
commits a Class 2 felony and shall |
3 | | be sentenced to a term of imprisonment of not less than 3 |
4 | | years and not more than 7 years.
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5 | | (1.5) A person who violates subsection 24-1(a)(4), |
6 | | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the |
7 | | time of day or the time of year,
in residential property |
8 | | owned, operated, or managed by a public
housing
agency
or |
9 | | leased by a public housing agency as part of a scattered |
10 | | site or
mixed-income development,
in
a public
park, in a |
11 | | courthouse, on the real property comprising any school, |
12 | | regardless
of the time of day or the time of year, on |
13 | | residential property owned,
operated, or managed by a |
14 | | public housing agency
or leased by a public housing agency |
15 | | as part of a scattered site or
mixed-income development,
on |
16 | | the real property
comprising any public park, on the real |
17 | | property comprising any courthouse, in
any conveyance |
18 | | owned, leased, or contracted by a school to transport |
19 | | students
to or from school or a school related activity, in |
20 | | any conveyance
owned, leased, or contracted by a public |
21 | | transportation agency, or on any public way within
1,000 |
22 | | feet of the real property comprising any school, public |
23 | | park, courthouse,
public transportation facility, 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
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1 | | commits a Class 3 felony.
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2 | | (2) A person who violates subsection 24-1(a)(1), |
3 | | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the |
4 | | time of day or the time of year, in
residential property |
5 | | owned, operated or managed by a public housing
agency
or |
6 | | leased by a public housing agency as part of a scattered |
7 | | site or
mixed-income development,
in
a public park, in a |
8 | | courthouse, on the real property comprising any school,
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9 | | regardless of the time of day or the time of year, on |
10 | | residential property
owned, operated or managed by a public |
11 | | housing agency
or leased by a public housing agency as part |
12 | | of a scattered site or
mixed-income development,
on the |
13 | | real property
comprising any public park, on the real |
14 | | property comprising any courthouse, in
any conveyance |
15 | | owned, leased or contracted by a school to transport |
16 | | students
to or from school or a school related activity, in |
17 | | any conveyance
owned, leased, or contracted by a public |
18 | | transportation agency, or on any public way within
1,000 |
19 | | feet of the real property comprising any school, public |
20 | | park, courthouse,
public transportation facility, or |
21 | | residential property owned, operated, or managed by a |
22 | | public
housing agency or leased by a public housing agency |
23 | | as part of a scattered
site or mixed-income development |
24 | | commits a Class 4 felony. "Courthouse"
means any building |
25 | | that is used by the Circuit, Appellate, or Supreme Court of
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26 | | this State for the conduct of official business.
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1 | | (3) Paragraphs (1), (1.5), and (2) of this subsection |
2 | | (c) shall not
apply to law
enforcement officers or security |
3 | | officers of such school, college, or
university or to |
4 | | students carrying or possessing firearms for use in |
5 | | training
courses, parades, hunting, target shooting on |
6 | | school ranges, or otherwise with
the consent of school |
7 | | authorities and which firearms are transported unloaded
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8 | | enclosed in a suitable case, box, or transportation |
9 | | package.
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10 | | (4) For the purposes of this subsection (c), "school" |
11 | | means any public or
private elementary or secondary school, |
12 | | community college, college, or
university.
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13 | | (5) For the purposes of this subsection (c), "public |
14 | | transportation agency" means a public or private agency |
15 | | that provides for the transportation or conveyance of
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16 | | persons by means available to the general public, except |
17 | | for transportation
by automobiles not used for conveyance |
18 | | of the general public as passengers; and "public |
19 | | transportation facility" means a terminal or other place
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20 | | where one may obtain public transportation.
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21 | | (d) The presence in an automobile other than a public |
22 | | omnibus of any
weapon, instrument or substance referred to in |
23 | | subsection (a)(7) is
prima facie evidence that it is in the |
24 | | possession of, and is being
carried by, all persons occupying |
25 | | such automobile at the time such
weapon, instrument or |
26 | | substance is found, except under the following
circumstances: |
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1 | | (i) if such weapon, instrument or instrumentality is
found upon |
2 | | the person of one of the occupants therein; or (ii) if such
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3 | | weapon, instrument or substance is found in an automobile |
4 | | operated for
hire by a duly licensed driver in the due, lawful |
5 | | and proper pursuit of
his trade, then such presumption shall |
6 | | not apply to the driver.
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7 | | (e) Exemptions. Crossbows, Common or Compound bows and |
8 | | Underwater
Spearguns are exempted from the definition of |
9 | | ballistic knife as defined in
paragraph (1) of subsection (a) |
10 | | of this Section.
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11 | | (Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09; |
12 | | 95-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09; |
13 | | 96-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)
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