State of Illinois
92nd General Assembly
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92_SB1334

 
                                               LRB9205270RCcd

 1        AN ACT in relation to criminal law.

 2        WHEREAS,  This  Act  is  intended to clarify existing law
 3    concerning the unlawful use of weapons; therefore

 4        Be it enacted by the People of  the  State  of  Illinois,
 5    represented in the General Assembly:

 6        Section  5.   The  Criminal  Code  of  1961 is amended by
 7    changing Sections 24-1, 24-1.6, 24-2, and 24-3.5 as follows:

 8        (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
 9        Sec. 24-1. Unlawful Use of Weapons.
10        (a)  A person commits the  offense  of  unlawful  use  of
11    weapons when he knowingly:
12             (1)  Sells,  manufactures,  purchases,  possesses or
13        carries any bludgeon, black-jack, slung-shot,  sand-club,
14        sand-bag,  metal  knuckles,  throwing star, or any knife,
15        commonly referred to as a switchblade knife, which has  a
16        blade  that  opens automatically by hand pressure applied
17        to a button, spring or other device in the handle of  the
18        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
22        same unlawfully against another, a dagger,  dirk,  billy,
23        dangerous  knife, razor, stiletto, broken bottle or other
24        piece of glass, stun gun or taser or any other  dangerous
25        or deadly weapon or instrument of like character; or
26             (3)  Carries  on  or  about  his  person  or  in any
27        vehicle, a tear gas gun projector or bomb or  any  object
28        containing noxious liquid gas or substance, other than an
29        object  containing  a  non-lethal  noxious  liquid gas or
30        substance designed solely for personal defense carried by
31        a person 18 years of age or older; or
 
                            -2-                LRB9205270RCcd
 1             (4)  Carries  or  possesses  in   any   vehicle   or
 2        concealed  on or about his person except when on his land
 3        or in his own  abode  or  fixed  place  of  business  any
 4        pistol,  revolver,  stun  gun  or taser or other firearm,
 5        except that this subsection (a) (4) does not apply to  or
 6        affect  transportation  of  weapons  that meet one of the
 7        following conditions:
 8                  (i)  are  broken  down  in  a   non-functioning
 9             state; or
10                  (ii)  are not immediately accessible; or
11                  (iii)  are  unloaded  and  enclosed  in a case,
12             firearm carrying box  or,  shipping  box,  or  other
13             container   by  a  person  who  has  been  issued  a
14             currently valid Firearm Owner's Identification Card;
15             or
16             (5)  Sets a spring gun; or
17             (6)  Possesses any device or attachment of any  kind
18        designed,  used  or  intended  for  use  in silencing the
19        report of any firearm; or
20             (7)  Sells, manufactures,  purchases,  possesses  or
21        carries:
22                  (i)  a  machine gun, which shall be defined for
23             the purposes of this subsection as any weapon, which
24             shoots, is designed to  shoot,  or  can  be  readily
25             restored  to shoot, automatically more than one shot
26             without manually reloading by a single  function  of
27             the  trigger, including the frame or receiver of any
28             such  weapon,  or  sells,  manufactures,  purchases,
29             possesses,  or  carries  any  combination  of  parts
30             designed or  intended  for  use  in  converting  any
31             weapon  into  a  machine  gun, or any combination or
32             parts from which a machine gun can be  assembled  if
33             such  parts  are  in  the  possession  or  under the
34             control of a person;
 
                            -3-                LRB9205270RCcd
 1                  (ii)  any rifle having one or more barrels less
 2             than 16 inches in length or a shotgun having one  or
 3             more  barrels  less  than 18 inches in length or any
 4             weapon made from a  rifle  or  shotgun,  whether  by
 5             alteration,  modification,  or  otherwise, if such a
 6             weapon as modified has an  overall  length  of  less
 7             than 26 inches; or
 8                  (iii)  any bomb, bomb-shell, grenade, bottle or
 9             other container containing an explosive substance of
10             over  one-quarter  ounce for like purposes, such as,
11             but not limited to, black powder bombs  and  Molotov
12             cocktails or artillery projectiles; or
13             (8)  Carries  or  possesses any firearm, stun gun or
14        taser or other  deadly  weapon  in  any  place  which  is
15        licensed to sell intoxicating beverages, or at any public
16        gathering  held  pursuant  to  a  license  issued  by any
17        governmental body or any public  gathering  at  which  an
18        admission  is charged, excluding a place where a showing,
19        demonstration or  lecture  involving  the  exhibition  of
20        unloaded firearms is conducted.
21             This subsection (a)(8) does not apply to any auction
22        or  raffle  of  a  firearm  held pursuant to a license or
23        permit issued by a governmental body, nor does  it  apply
24        to persons engaged in firearm safety training courses; or
25             (9)  Carries  or  possesses  in  a  vehicle or on or
26        about his person any pistol, revolver, stun gun or  taser
27        or  firearm  or ballistic knife, when he is hooded, robed
28        or masked in such manner as to conceal his identity; or
29             (10)  Carries or possesses on or about  his  person,
30        upon  any  public  street,  alley,  or other public lands
31        within  the  corporate  limits  of  a  city,  village  or
32        incorporated town, except  when  an  invitee  thereon  or
33        therein, for the purpose of the display of such weapon or
34        the  lawful  commerce  in  weapons, or except when on his
 
                            -4-                LRB9205270RCcd
 1        land or in his own abode or fixed place of business,  any
 2        pistol,  revolver,  stun  gun  or taser or other firearm,
 3        except that this subsection (a) (10) does not apply to or
 4        affect transportation of weapons that  meet  one  of  the
 5        following conditions:
 6                  (i)  are   broken  down  in  a  non-functioning
 7             state; or
 8                  (ii)  are not immediately accessible; or
 9                  (iii)  are unloaded and  enclosed  in  a  case,
10             firearm  carrying box or box, shipping box, or other
11             container  by  a  person  who  has  been  issued   a
12             currently valid Firearm Owner's Identification Card.
13             A "stun gun or taser", as used in this paragraph (a)
14        means  (i)  any  device  which  is  powered by electrical
15        charging units, such as, batteries, and which  fires  one
16        or  several barbs attached to a length of wire and which,
17        upon hitting a human, can send out a current  capable  of
18        disrupting  the  person's nervous system in such a manner
19        as to render him incapable of normal functioning or  (ii)
20        any device which is powered by electrical charging units,
21        such  as  batteries, and which, upon contact with a human
22        or clothing worn by a human, can send out current capable
23        of disrupting the  person's  nervous  system  in  such  a
24        manner  as to render him incapable of normal functioning;
25        or
26             (11)  Sells, manufactures or purchases any explosive
27        bullet.  For purposes of this  paragraph  (a)  "explosive
28        bullet"  means  the  projectile  portion of an ammunition
29        cartridge which contains or carries an  explosive  charge
30        which will explode upon contact with the flesh of a human
31        or  an  animal.    "Cartridge" means a tubular metal case
32        having a projectile affixed at the front  thereof  and  a
33        cap   or  primer  at  the  rear  end  thereof,  with  the
34        propellant contained in such tube between the  projectile
 
                            -5-                LRB9205270RCcd
 1        and the cap; or
 2             (12)  (Blank).
 3        (b)  Sentence.  A  person  convicted  of  a  violation of
 4    subsection 24-1(a)(1) through (5), subsection 24-1(a)(10), or
 5    subsection 24-1(a)(11)  commits  a  Class  A  misdemeanor.  A
 6    person  convicted  of a violation of subsection 24-1(a)(8) or
 7    24-1(a)(9) commits a Class 4 felony; a person convicted of  a
 8    violation of subsection 24-1(a)(6) or 24-1(a)(7)(ii) or (iii)
 9    commits  a Class 3 felony.  A person convicted of a violation
10    of subsection 24-1(a)(7)(i) commits a Class 2 felony,  unless
11    the  weapon  is  possessed  in the passenger compartment of a
12    motor vehicle as defined in Section  1-146  of  the  Illinois
13    Vehicle  Code,  or on the person, while the weapon is loaded,
14    in which case it shall  be  a  Class  X  felony.    A  person
15    convicted  of  a second or subsequent violation of subsection
16    24-1(a)(4), 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits  a
17    Class 3 felony.
18        (c)  Violations in specific places.
19             (1)  A  person who violates subsection 24-1(a)(6) or
20        24-1(a)(7) in any school, regardless of the time  of  day
21        or  the  time  of  year,  in  residential property owned,
22        operated or managed by a public housing agency or  leased
23        by a public housing agency as part of a scattered site or
24        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
27        residential  property owned, operated  or  managed  by  a
28        public  housing  agency  or  leased  by  a public housing
29        agency as  part  of  a  scattered  site  or  mixed-income
30        development,  on  the real property comprising any public
31        park, on the real property comprising any courthouse,  in
32        any conveyance owned, leased or contracted by a school to
33        transport  students to or from school or a school related
34        activity, or on any public way within 1,000 feet  of  the
 
                            -6-                LRB9205270RCcd
 1        real   property   comprising  any  school,  public  park,
 2        courthouse, or residential property owned,  operated,  or
 3        managed  by a public housing agency or leased by a public
 4        housing  agency  as  part  of   a   scattered   site   or
 5        mixed-income development commits a Class 2 felony.
 6             (1.5)  A  person who violates subsection 24-1(a)(4),
 7        24-1(a)(9), or 24-1(a)(10) in any school,  regardless  of
 8        the  time  of  day  or  the  time of year, in residential
 9        property owned, operated, or  managed by a public housing
10        agency or leased by a public housing agency as part of  a
11        scattered  site  or mixed-income development, in a public
12        park, in a courthouse, on the  real  property  comprising
13        any  school, regardless of the time of day or the time of
14        year, on residential property owned, operated, or managed
15        by a public housing agency or leased by a public  housing
16        agency  as  part  of  a  scattered  site  or mixed-income
17        development, on the real property comprising  any  public
18        park,  on the real property comprising any courthouse, in
19        any conveyance owned, leased, or contracted by  a  school
20        to  transport  students  to  or  from  school or a school
21        related activity, or on any public way within 1,000  feet
22        of  the real property comprising any school, public park,
23        courthouse, or residential property owned,  operated,  or
24        managed  by a public housing agency or leased by a public
25        housing  agency  as  part  of   a   scattered   site   or
26        mixed-income development commits a Class 3 felony.
27             (2)  A  person  who  violates subsection 24-1(a)(1),
28        24-1(a)(2), or 24-1(a)(3) in any  school,  regardless  of
29        the  time  of  day  or  the  time of year, in residential
30        property owned, operated or managed by a  public  housing
31        agency  or leased by a public housing agency as part of a
32        scattered site or mixed-income development, in  a  public
33        park,  in  a  courthouse, on the real property comprising
34        any school, regardless of the time of day or the time  of
 
                            -7-                LRB9205270RCcd
 1        year,  on residential property owned, operated or managed
 2        by a public housing agency or leased by a public  housing
 3        agency  as  part  of  a  scattered  site  or mixed-income
 4        development, on the real property comprising  any  public
 5        park,  on the real property comprising any courthouse, in
 6        any conveyance owned, leased or contracted by a school to
 7        transport students to or from school or a school  related
 8        activity,  or  on any public way within 1,000 feet of the
 9        real  property  comprising  any  school,   public   park,
10        courthouse,  or  residential property owned, operated, or
11        managed by a public housing agency or leased by a  public
12        housing   agency   as   part   of  a  scattered  site  or
13        mixed-income  development  commits  a  Class  4   felony.
14        "Courthouse"  means  any  building  that  is  used by the
15        Circuit, Appellate, or Supreme Court of  this  State  for
16        the conduct of official business.
17             (3)  Paragraphs   (1),   (1.5),   and  (2)  of  this
18        subsection  (c)  shall  not  apply  to  law   enforcement
19        officers or security officers of such school, college, or
20        university or to students carrying or possessing firearms
21        for  use  in  training  courses, parades, hunting, target
22        shooting on school ranges, or otherwise with the  consent
23        of  school authorities and which firearms are transported
24        unloaded  enclosed  in   a   suitable   case,   box,   or
25        transportation package.
26             (4)  For   the  purposes  of  this  subsection  (c),
27        "school"  means  any  public  or  private  elementary  or
28        secondary  school,   community   college,   college,   or
29        university.
30        (d)  The  presence  in  an automobile other than a public
31    omnibus of any weapon, instrument or substance referred to in
32    subsection (a)(7) is prima facie evidence that it is  in  the
33    possession of, and is being carried by, all persons occupying
34    such  automobile  at  the  time  such  weapon,  instrument or
 
                            -8-                LRB9205270RCcd
 1    substance is found, except under the following circumstances:
 2    (i) if such weapon, instrument or  instrumentality  is  found
 3    upon  the  person of one of the occupants therein; or (ii) if
 4    such  weapon,  instrument  or  substance  is  found   in   an
 5    automobile operated for hire by a duly licensed driver in the
 6    due,  lawful  and  proper  pursuit  of  his  trade, then such
 7    presumption shall not apply to the driver.
 8        (e)  Exemptions.  Crossbows, Common or Compound bows  and
 9    Underwater  Spearguns  are  exempted  from  the definition of
10    ballistic knife as defined in paragraph (1) of subsection (a)
11    of this Section.
12    (Source: P.A. 90-686, eff.  1-1-99;  91-673,  eff.  12-22-99;
13    91-690, eff. 4-13-00.)

14        (720 ILCS 5/24-1.6)
15        Sec. 24-1.6.  Aggravated unlawful use of a weapon.
16        (a)  A  person commits the offense of aggravated unlawful
17    use of a weapon when he or she knowingly:
18             (1)  Carries on or about his or her person or in any
19        vehicle or concealed on or about his or her person except
20        when on his or her land or in his or her abode  or  fixed
21        place of business any pistol, revolver, stun gun or taser
22        or other firearm; or
23             (2)  Carries  or  possesses  on  or about his or her
24        person, upon any public street, alley,  or  other  public
25        lands  within  the corporate limits of a city, village or
26        incorporated town, except  when  an  invitee  thereon  or
27        therein, for the purpose of the display of such weapon or
28        the  lawful commerce in weapons, or except when on his or
29        her own land or in his or her own abode or fixed place of
30        business, any pistol, revolver,  stun  gun  or  taser  or
31        other firearm; and
32             (3)  One of the following factors is present:
33                  (A)  the  firearm possessed was uncased, loaded
 
                            -9-                LRB9205270RCcd
 1             and  immediately  accessible  at  the  time  of  the
 2             offense; or
 3                  (B)  the   firearm   possessed   was   uncased,
 4             unloaded and  the  ammunition  for  the  weapon  was
 5             immediately  accessible  at the time of the offense;
 6             or
 7                  (C)  the person possessing the firearm has  not
 8             been   issued  a  currently  valid  Firearm  Owner's
 9             Identification Card; or
10                  (D)  the  person  possessing  the  weapon   was
11             previously  adjudicated a delinquent minor under the
12             Juvenile Court Act  of  1987  for  an  act  that  if
13             committed by an adult would be a felony; or
14                  (E)  the   person  possessing  the  weapon  was
15             engaged in a misdemeanor violation of  the  Cannabis
16             Control  Act  or  in  a misdemeanor violation of the
17             Illinois Controlled Substances Act; or
18                  (F)  the person  possessing  the  weapon  is  a
19             member of a street gang or is engaged in street gang
20             related  activity,  as  defined in Section 10 of the
21             Illinois  Streetgang  Terrorism  Omnibus  Prevention
22             Act; or
23                  (G)  the person possessing  the  weapon  had  a
24             order of protection issued against him or her within
25             the previous 2 years; or
26                  (H)  the   person  possessing  the  weapon  was
27             engaged in the commission or attempted commission of
28             a  misdemeanor  involving  the  use   or  threat  of
29             violence against the person or property of  another;
30             or
31                  (I)  the person possessing the weapon was under
32             21  years  of  age and in possession of a handgun as
33             defined in Section 24-3, unless the person under  21
34             is  engaged  in lawful activities under the Wildlife
 
                            -10-               LRB9205270RCcd
 1             Code or described in subsection 24-2(b)(1),  (b)(3),
 2             or 24-2(f).
 3        (b)  "Stun  gun or taser" as used in this Section has the
 4    same definition given to it in Section 24-1 of this Code.
 5        (c)  This  Section  does  not  apply  to  or  affect  the
 6    transportation or possession of weapons that:
 7                  (i)  are  broken  down  in  a   non-functioning
 8             state; or
 9                  (ii)  are not immediately accessible; or
10                  (iii)  are  unloaded  and  enclosed  in a case,
11             firearm carrying box  or,  shipping  box,  or  other
12             container   by  a  person  who  has  been  issued  a
13             currently valid Firearm Owner's Identification Card.
14        (d)  Sentence. Aggravated unlawful use of a weapon  is  a
15    Class  4  felony; a second or subsequent offense is a Class 2
16    felony.  Aggravated unlawful use of a weapon by a person  who
17    has  been  previously  convicted of a felony in this State or
18    another jurisdiction is a Class 2 felony.
19    (Source: P.A. 91-690, eff. 4-13-00.)

20        (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
21        Sec. 24-2.  Exemptions.
22        (a)  Subsections 24-1(a)(3), 24-1(a)(4)  and  24-1(a)(10)
23    and  Section  24-1.6  do  not  apply  to or affect any of the
24    following:
25             (1)  Peace officers, and any person  summoned  by  a
26        peace  officer  to assist in making arrests or preserving
27        the peace,  while  actually  engaged  in  assisting  such
28        officer.
29             (2)  Wardens,   superintendents   and   keepers   of
30        prisons, penitentiaries, jails and other institutions for
31        the  detention  of  persons  accused  or  convicted of an
32        offense, while in the performance of their official duty,
33        or while commuting between  their  homes  and  places  of
 
                            -11-               LRB9205270RCcd
 1        employment.
 2             (3)  Members of the Armed Services or Reserve Forces
 3        of  the  United  States or the Illinois National Guard or
 4        the  Reserve  Officers  Training  Corps,  while  in   the
 5        performance of their official duty.
 6             (4)  Special  agents  employed  by  a  railroad or a
 7        public utility to perform police functions, and guards of
 8        armored car companies,  while  actually  engaged  in  the
 9        performance   of   the  duties  of  their  employment  or
10        commuting between their homes and places  of  employment;
11        and watchmen while actually engaged in the performance of
12        the duties of their employment.
13             (5)  Persons    licensed    as    private   security
14        contractors,  private  detectives,   or   private   alarm
15        contractors,  or  employed  by an agency certified by the
16        Department of Professional Regulation,  if  their  duties
17        include  the carrying of a weapon under the provisions of
18        the  Private  Detective,  Private  Alarm,   and   Private
19        Security  Act  of  1983,  while  actually  engaged in the
20        performance  of  the  duties  of  their   employment   or
21        commuting  between  their homes and places of employment,
22        provided that such commuting is accomplished  within  one
23        hour  from departure from home or place of employment, as
24        the case may be.  Persons exempted under this subdivision
25        (a)(5) shall be required to have completed  a  course  of
26        study  in  firearms  handling  and  training approved and
27        supervised by the Department of  Professional  Regulation
28        as  prescribed  by  Section  28 of the Private Detective,
29        Private Alarm, and Private Security Act of 1983, prior to
30        becoming eligible for this exemption.  The Department  of
31        Professional    Regulation    shall    provide   suitable
32        documentation demonstrating the successful completion  of
33        the  prescribed  firearms  training.   Such documentation
34        shall be carried at all times when such  persons  are  in
 
                            -12-               LRB9205270RCcd
 1        possession of a concealable weapon.
 2             (6)  Any  person  regularly employed in a commercial
 3        or industrial operation  as  a  security  guard  for  the
 4        protection  of  persons  employed  and  private  property
 5        related to such commercial or industrial operation, while
 6        actually engaged in the performance of his or her duty or
 7        traveling  between  sites  or properties belonging to the
 8        employer, and who, as a security guard, is a member of  a
 9        security  force of at least 5 persons registered with the
10        Department of Professional Regulation; provided that such
11        security guard has successfully  completed  a  course  of
12        study,  approved  by  and supervised by the Department of
13        Professional Regulation, consisting of not less  than  40
14        hours  of  training  that  includes  the  theory  of  law
15        enforcement,  liability  for  acts,  and  the handling of
16        weapons.  A person shall be considered eligible for  this
17        exemption  if  he  or  she  has completed the required 20
18        hours of training for a security officer and 20 hours  of
19        required  firearm training, and has been issued a firearm
20        authorization card  by  the  Department  of  Professional
21        Regulation.    Conditions  for  the  renewal  of  firearm
22        authorization cards issued under the provisions  of  this
23        Section shall be the same as for those cards issued under
24        the  provisions  of  the Private Detective, Private Alarm
25        and  Private  Security  Act  of   1983.    Such   firearm
26        authorization card shall be carried by the security guard
27        at  all  times  when  he  or  she  is  in possession of a
28        concealable weapon.
29             (7)  Agents  and  investigators  of   the   Illinois
30        Legislative  Investigating  Commission  authorized by the
31        Commission to carry the weapons specified in  subsections
32        24-1(a)(3) and 24-1(a)(4), while on duty in the course of
33        any investigation for the Commission.
34             (8)  Persons employed by a financial institution for
 
                            -13-               LRB9205270RCcd
 1        the protection of other employees and property related to
 2        such financial institution, while actually engaged in the
 3        performance  of  their  duties,  commuting  between their
 4        homes and places  of  employment,  or  traveling  between
 5        sites  or  properties owned or operated by such financial
 6        institution, provided that any  person  so  employed  has
 7        successfully completed a course of study, approved by and
 8        supervised  by the Department of Professional Regulation,
 9        consisting of not less than 40 hours  of  training  which
10        includes  theory  of law enforcement, liability for acts,
11        and the handling of weapons. A person shall be considered
12        to be eligible for  this  exemption  if  he  or  she  has
13        completed  the  required  20  hours  of  training  for  a
14        security   officer  and  20  hours  of  required  firearm
15        training, and has been  issued  a  firearm  authorization
16        card   by  the  Department  of  Professional  Regulation.
17        Conditions for renewal  of  firearm  authorization  cards
18        issued  under the provisions of this Section shall be the
19        same as for those issued  under  the  provisions  of  the
20        Private Detective, Private Alarm and Private Security Act
21        of  1983.   Such  firearm  authorization  card  shall  be
22        carried  by  the person so trained at all times when such
23        person is in possession of  a  concealable  weapon.   For
24        purposes  of  this  subsection,  "financial  institution"
25        means  a bank, savings and loan association, credit union
26        or company providing armored car services.
27             (9)  Any person employed by an armored  car  company
28        to  drive  an  armored car, while actually engaged in the
29        performance of his duties.
30             (10)  Persons who  have  been  classified  as  peace
31        officers pursuant to the Peace Officer Fire Investigation
32        Act.
33             (11)  Investigators  of  the  Office  of the State's
34        Attorneys Appellate Prosecutor authorized by the board of
 
                            -14-               LRB9205270RCcd
 1        governors  of  the  Office  of  the   State's   Attorneys
 2        Appellate Prosecutor to carry weapons pursuant to Section
 3        7.06 of the State's Attorneys Appellate Prosecutor's Act.
 4             (12)  Special  investigators  appointed by a State's
 5        Attorney under Section 3-9005 of the Counties Code.
 6             (13)  Court   Security   Officers   while   in   the
 7        performance of their official duties, or while  commuting
 8        between  their  homes  and places of employment, with the
 9        consent of the Sheriff.
10             (13.5)  A person employed as an armed security guard
11        at a nuclear energy, storage, weapons or development site
12        or  facility  regulated   by   the   Nuclear   Regulatory
13        Commission who has completed the background screening and
14        training  mandated  by  the  rules and regulations of the
15        Nuclear Regulatory Commission.
16             (14)  Manufacture,  transportation,   or   sale   of
17        weapons  to  persons  authorized  under  subdivisions (1)
18        through  (13.5)  of  this  subsection  to  possess  those
19        weapons.
20        (b)  Subsections 24-1(a)(4) and 24-1(a)(10)  and  Section
21    24-1.6 do not apply to or affect any of the following:
22             (1)  Members  of  any club or organization organized
23        for the purpose of practicing shooting  at  targets  upon
24        established target ranges, whether public or private, and
25        patrons of such ranges, while such members or patrons are
26        using their firearms on those target ranges.
27             (2)  Duly authorized military or civil organizations
28        while  parading,  with  the  special  permission  of  the
29        Governor.
30             (3)  Licensed  hunters,  trappers or fishermen while
31        engaged in hunting, trapping or fishing.
32             (4)  Transportation of weapons that are broken  down
33        in   a  non-functioning  state  or  are  not  immediately
34        accessible.
 
                            -15-               LRB9205270RCcd
 1        (c)  Subsection 24-1(a)(7) does not apply  to  or  affect
 2    any of the following:
 3             (1)  Peace  officers  while  in performance of their
 4        official duties.
 5             (2)  Wardens,   superintendents   and   keepers   of
 6        prisons, penitentiaries, jails and other institutions for
 7        the detention of  persons  accused  or  convicted  of  an
 8        offense.
 9             (3)  Members of the Armed Services or Reserve Forces
10        of  the  United  States  or  the Illinois National Guard,
11        while in the performance of their official duty.
12             (4)  Manufacture, transportation, or sale of machine
13        guns to persons authorized under subdivisions (1) through
14        (3) of this subsection to possess machine  guns,  if  the
15        machine  guns  are broken down in a non-functioning state
16        or are not immediately accessible.
17             (5)  Persons   licensed   under   federal   law   to
18        manufacture any weapon from which  8  or  more  shots  or
19        bullets  can  be  discharged  by a single function of the
20        firing  device,  or  ammunition  for  such  weapons,  and
21        actually engaged in the business  of  manufacturing  such
22        weapons   or   ammunition,   but  only  with  respect  to
23        activities which are within  the  lawful  scope  of  such
24        business,  such  as  the  manufacture, transportation, or
25        testing of such weapons or  ammunition.   This  exemption
26        does  not authorize the general private possession of any
27        weapon from which 8 or  more  shots  or  bullets  can  be
28        discharged by a single function of the firing device, but
29        only  such  possession  and  activities as are within the
30        lawful  scope  of  a  licensed   manufacturing   business
31        described in this paragraph.
32             During  transportation, such weapons shall be broken
33        down  in  a  non-functioning  state  or  not  immediately
34        accessible.
 
                            -16-               LRB9205270RCcd
 1             (6)  The manufacture, transport, testing,  delivery,
 2        transfer   or   sale,   and   all  lawful  commercial  or
 3        experimental activities  necessary  thereto,  of  rifles,
 4        shotguns,  and  weapons  made from rifles or shotguns, or
 5        ammunition for such rifles, shotguns  or  weapons,  where
 6        engaged  in  by  a  person  operating  as a contractor or
 7        subcontractor pursuant to a contract or  subcontract  for
 8        the  development  and  supply  of  such rifles, shotguns,
 9        weapons or ammunition to the United States government  or
10        any branch of the Armed Forces of the United States, when
11        such  activities are necessary and incident to fulfilling
12        the terms of such contract.
13             The exemption granted under this subdivision  (c)(6)
14        shall  also  apply  to  any  authorized agent of any such
15        contractor or subcontractor who is operating  within  the
16        scope  of his employment, where such activities involving
17        such weapon, weapons  or  ammunition  are  necessary  and
18        incident to fulfilling the terms of such contract.
19             During  transportation,  any  such  weapon  shall be
20        broken  down  in  a   non-functioning   state,   or   not
21        immediately accessible.
22        (d)  Subsection   24-1(a)(1)   does   not  apply  to  the
23    purchase,  possession  or  carrying  of   a   black-jack   or
24    slung-shot by a peace officer.
25        (e)  Subsection  24-1(a)(8)  does not apply to any owner,
26    manager or authorized employee of any place specified in that
27    subsection nor to any law enforcement officer.
28        (f)  Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
29    Section 24-1.6 do  not  apply  to  members  of  any  club  or
30    organization organized for the purpose of practicing shooting
31    at  targets upon established target ranges, whether public or
32    private, while using their firearms on those target ranges.
33        (g)  Subsections  24-1(a)(11)  and  24-3.1(a)(6)  do  not
34    apply to:
 
                            -17-               LRB9205270RCcd
 1             (1)  Members of the Armed Services or Reserve Forces
 2        of the United States  or  the  Illinois  National  Guard,
 3        while in the performance of their official duty.
 4             (2)  Bonafide   collectors  of  antique  or  surplus
 5        military ordinance.
 6             (3)  Laboratories having a  department  of  forensic
 7        ballistics,   or   specializing  in  the  development  of
 8        ammunition or explosive ordinance.
 9             (4)  Commerce, preparation, assembly  or  possession
10        of  explosive  bullets  by  manufacturers  of  ammunition
11        licensed  by  the  federal government, in connection with
12        the supply of those organizations and persons exempted by
13        subdivision (g)(1) of this Section, or like organizations
14        and persons outside this State, or the transportation  of
15        explosive  bullets to any organization or person exempted
16        in this Section by a common carrier or by a vehicle owned
17        or leased by an exempted manufacturer.
18        (h)  An information or indictment based upon a  violation
19    of  any  subsection  of  this  Article  need not negative any
20    exemptions contained in this Article.   The  defendant  shall
21    have the burden of proving such an exemption.
22        (i)  Nothing in this Article shall prohibit, apply to, or
23    affect  the  transportation,  carrying, or possession, of any
24    pistol  or  revolver,  stun  gun,  taser,  or  other  firearm
25    consigned to a common carrier operating under license of  the
26    State  of  Illinois  or  the  federal  government, where such
27    transportation, carrying, or possession is  incident  to  the
28    lawful   transportation  in  which  such  common  carrier  is
29    engaged; and nothing in this Article  shall  prohibit,  apply
30    to,  or affect the transportation, carrying, or possession of
31    any pistol, revolver, stun gun, taser, or other firearm,  not
32    the  subject  of  and  regulated  by subsection 24-1(a)(7) or
33    subsection 24-2(c) of this Article,  which  is  unloaded  and
34    enclosed  in  a  case, firearm carrying box, shipping box, or
 
                            -18-               LRB9205270RCcd
 1    other container, by the possessor of a valid  Firearm  Owners
 2    Identification Card.
 3    (Source: P.A. 91-287, eff. 1-1-00; 91-690, eff. 4-13-00.)

 4        (720 ILCS 5/24-3.5)
 5        Sec. 24-3.5.  Unlawful purchase of a firearm.
 6        (a)  For  purposes of this Section, "firearms transaction
 7    record form" means a form:
 8             (1)  executed by a transferee of a firearm  stating:
 9        (i)  the  transferee's name and address (including county
10        or  similar  political  subdivision);  (ii)  whether  the
11        transferee is a citizen of the United States;  (iii)  the
12        transferee's  State  of  residence; and (iv) the date and
13        place  of  birth,  height,  weight,  and  race   of   the
14        transferee; and
15             (2)  on  which  the  transferee certifies that he or
16        she is not prohibited by federal law from transporting or
17        shipping a firearm in interstate or foreign  commerce  or
18        receiving  a firearm that has been shipped or transported
19        in interstate or foreign commerce or possessing a firearm
20        in or affecting commerce.
21        (b)  A person commits the offense of unlawful purchase of
22    a firearm who knowingly purchases or attempts to  purchase  a
23    firearm  with  the  intent to deliver that firearm to another
24    person who  is  prohibited  by  federal  or  State  law  from
25    possessing a firearm.
26        (c)  A person commits the offense of unlawful purchase of
27    a  firearm  when  he  or  she, in purchasing or attempting to
28    purchase  a  firearm,   intentionally   provides   false   or
29    misleading  information  on a United States Department of the
30    Treasury, Bureau of Alcohol, Tobacco  and  Firearms  firearms
31    transaction record form.
32        (d)  Exemption.  It  is not a violation of subsection (b)
33    of this Section for a person to make a  gift  or  loan  of  a
 
                            -19-               LRB9205270RCcd
 1    firearm to a person who is not prohibited by federal or State
 2    law  from possessing a firearm if the transfer of the firearm
 3    is made in accordance with Section 3 of  the  Firearm  Owners
 4    Identification Card Act.
 5        (e)  Sentence.
 6             (1)  A  person  who  commits the offense of unlawful
 7        purchase of a firearm by purchasing a firearm with intent
 8        to deliver the firearm in violation of subsection (b)  or
 9        by  purchasing  or  attempting  to  purchase a firearm in
10        violation of subsection (c):
11                  (A)  is  guilty  of  a  Class  4   felony   for
12             purchasing or attempting to purchase one firearm;
13                  (B)  is   guilty   of  a  Class  3  felony  for
14             purchasing or attempting to purchase not less than 2
15             firearms and not more than 5 firearms  at  the  same
16             time or within a one year period;
17                  (C)  is   guilty   of  a  Class  2  felony  for
18             purchasing or attempting to purchase not less than 6
19             firearms and not more than 10 firearms at  the  same
20             time or within a 2 year period;
21                  (D)  is   guilty   of  a  Class  1  felony  for
22             purchasing or attempting to purchase not  less  than
23             11  firearms  and  not  more than 20 firearms at the
24             same time or within a 3 year period;
25                  (E)  is guilty of a Class X  felony  for  which
26             the   person   shall  be  sentenced  to  a  term  of
27             imprisonment of not less than 6 years and  not  more
28             than  30  years  for  purchasing  or  attempting  to
29             purchase not less than 21 firearms and not more than
30             30  firearms  at  the  same  time or within a 4 year
31             period;
32                  (F)  is guilty of a Class X  felony  for  which
33             the   person   shall  be  sentenced  to  a  term  of
34             imprisonment of  not less than 6 years and not  more
 
                            -20-               LRB9205270RCcd
 1             than  40  years  for  purchasing  or  attempting  to
 2             purchase not less than 31 firearms and not more than
 3             40  firearms  at  the  same  time or within a 5 year
 4             period;
 5                  (G)  is guilty of a Class X  felony  for  which
 6             the   person   shall  be  sentenced  to  a  term  of
 7             imprisonment of not less than 6 years and  not  more
 8             than  50  years  for  purchasing  or  attempting  to
 9             purchase  more  than 40 firearms at the same time or
10             within a 6 year period.
11             (2)  In addition to any other penalty  that  may  be
12        imposed  for  a  violation of this Section, the court may
13        sentence a person convicted of a violation of  subsection
14        (c)  of this Section to a fine not to exceed $250,000 for
15        each violation.
16    (Source: P.A. 91-265, eff. 1-1-00.)

17        Section 99.  Effective date.  This Act takes effect  upon
18    becoming law.

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