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| Public Act 096-1107 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by changing | ||||
Section 24-1.6 as follows: | ||||
(720 ILCS 5/24-1.6) | ||||
Sec. 24-1.6. Aggravated unlawful use of a weapon. | ||||
(a) A person commits the offense of aggravated unlawful use | ||||
of a weapon when
he or she knowingly: | ||||
(1) Carries on or about his or her person or in any | ||||
vehicle or concealed
on or about his or her person except | ||||
when on his or her land or in his or her
abode, legal | ||||
dwelling, or fixed place of business, or on the land or in | ||||
the legal dwelling of another person as an invitee with | ||||
that person's permission, any pistol, revolver, stun gun or | ||||
taser or
other firearm; or | ||||
(2) Carries or possesses on or about his or her person, | ||||
upon any public
street, alley, or other public lands within | ||||
the corporate limits of a city,
village or incorporated | ||||
town, except when an invitee thereon or therein, for
the | ||||
purpose of the display of such weapon or the lawful | ||||
commerce in weapons, or
except when on his or her own land | ||||
or in his or her own abode, legal dwelling, or fixed place | ||||
of
business, or on the land or in the legal dwelling of | ||
another person as an invitee with that person's permission, | ||
any pistol, revolver, stun gun or taser or other firearm; | ||
and | ||
(3) One of the following factors is present: | ||
(A) the firearm possessed was uncased, loaded and | ||
immediately accessible
at the time of the offense; or | ||
(B) the firearm possessed was uncased, unloaded | ||
and the ammunition for
the weapon was immediately | ||
accessible at the time of the offense; or | ||
(C) the person possessing the firearm has not been | ||
issued a currently
valid Firearm Owner's | ||
Identification Card; or | ||
(D) the person possessing the weapon was | ||
previously adjudicated
a delinquent minor under the | ||
Juvenile Court Act of 1987 for an act that if
committed | ||
by an adult would be a felony; or | ||
(E) the person possessing the weapon was engaged in | ||
a misdemeanor
violation of the Cannabis
Control Act, in | ||
a misdemeanor violation of the Illinois Controlled | ||
Substances
Act, or in a misdemeanor violation of the | ||
Methamphetamine Control and Community Protection Act; | ||
or | ||
(F) (blank); or | ||
(G) the person possessing the weapon had a order of | ||
protection issued
against him or her within the | ||
previous 2 years; or | ||
(H) the person possessing the weapon was engaged in | ||
the commission or
attempted commission of
a | ||
misdemeanor involving the use or threat of violence | ||
against
the person or property of another; or | ||
(I) the person possessing the weapon was under 21 | ||
years of age and in
possession of a handgun as defined | ||
in Section 24-3, unless the person under 21
is engaged | ||
in lawful activities under the Wildlife Code or | ||
described in
subsection 24-2(b)(1), (b)(3), or | ||
24-2(f). | ||
(b) "Stun gun or taser" as used in this Section has the | ||
same definition
given to it in Section 24-1 of this Code. | ||
(c) This Section does not apply to or affect the | ||
transportation or
possession
of weapons that: | ||
(i) are broken down in a non-functioning state; or | ||
(ii) are not immediately accessible; or | ||
(iii) are unloaded and enclosed in a case, firearm | ||
carrying box,
shipping box, or other container by a | ||
person who has been issued a currently
valid Firearm | ||
Owner's
Identification Card. | ||
(d) Sentence. | ||
(1) Aggravated unlawful use of a weapon is a Class 4 | ||
felony;
a second or subsequent offense is a Class 2 felony | ||
for which the person shall be sentenced to a term of | ||
imprisonment of not less than 3 years and not more than 7 | ||
years. | ||
(2) Except as otherwise provided in paragraphs (3) and | ||
(4) of this subsection (d), a first offense of aggravated | ||
unlawful use of a weapon committed with a firearm by a | ||
person 18 years of age or older where the factors listed in | ||
both items (A) and (C) of paragraph (3) of subsection (a) | ||
are present is a Class 4 felony, for which the person shall | ||
be sentenced to a term of imprisonment of not less than one | ||
year and not more than 3 years. | ||
(3) Aggravated unlawful use of
a weapon by a person who | ||
has been previously
convicted of a felony in this State or | ||
another jurisdiction is a Class 2
felony for which the | ||
person shall be sentenced to a term of imprisonment of not | ||
less than 3 years and not more than 7 years. | ||
(4) Aggravated unlawful use of a weapon while wearing | ||
or in possession of body armor as defined in Section 33F-1 | ||
by a person who has not been issued a valid Firearms | ||
Owner's Identification Card in accordance with Section 5 of | ||
the Firearm Owners Identification Card Act is a Class X | ||
felony.
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(e) The possession of each firearm in violation of this | ||
Section constitutes a single and separate violation. | ||
(Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09; | ||
96-829, eff. 12-3-09.)
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