Illinois General Assembly - Full Text of HB1467
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Full Text of HB1467  100th General Assembly

HB1467ham001 100TH GENERAL ASSEMBLY

Rep. Martin J. Moylan

Filed: 2/26/2018

 

 


 

 


 
10000HB1467ham001LRB100 03291 RLC 36583 a

1
AMENDMENT TO HOUSE BILL 1467

2    AMENDMENT NO. ______. Amend House Bill 1467 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 2012 is amended by
5changing 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 offense of unlawful use of weapons
9when he knowingly:
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
15    blade that opens automatically by hand pressure applied to
16    a button, spring or other device in the handle of the

 

 

10000HB1467ham001- 2 -LRB100 03291 RLC 36583 a

1    knife, or a ballistic knife, which is a device that propels
2    a knifelike blade as a projectile by means of a coil
3    spring, elastic material or compressed gas; or
4        (2) Carries or possesses with intent to use the same
5    unlawfully against another, a dagger, dirk, billy,
6    dangerous knife, razor, stiletto, broken bottle or other
7    piece of glass, stun gun or taser or any other dangerous or
8    deadly weapon or instrument of like character; or
9        (3) Carries on or about his person or in any vehicle, a
10    tear gas gun projector or bomb or any object containing
11    noxious liquid gas or substance, other than an object
12    containing a non-lethal noxious liquid gas or substance
13    designed solely for personal defense carried by a person 18
14    years of age or older; or
15        (4) Carries or possesses in any vehicle or concealed on
16    or about his person except when on his land or in his own
17    abode, legal dwelling, or fixed place of business, or on
18    the land or in the legal dwelling of another person as an
19    invitee with that person's permission, any pistol,
20    revolver, stun gun or taser or other firearm, except that
21    this subsection (a) (4) does not apply to or affect
22    transportation of weapons that meet one of the following
23    conditions:
24            (i) are broken down in a non-functioning state; or
25            (ii) are not immediately accessible; or
26            (iii) are unloaded and enclosed in a case, firearm

 

 

10000HB1467ham001- 3 -LRB100 03291 RLC 36583 a

1        carrying box, shipping box, or other container by a
2        person who has been issued a currently valid Firearm
3        Owner's Identification Card; or
4            (iv) are carried or possessed in accordance with
5        the Firearm Concealed Carry Act by a person who has
6        been issued a currently valid license under the Firearm
7        Concealed Carry Act; or
8        (5) Sets a spring gun; or
9        (6) Possesses any device or attachment of any kind
10    designed, used or intended for use in silencing the report
11    of any firearm; or
12        (7) Sells, manufactures, purchases, possesses or
13    carries:
14            (i) a machine gun, which shall be defined for the
15        purposes of this subsection as any weapon, which
16        shoots, is designed to shoot, or can be readily
17        restored to shoot, automatically more than one shot
18        without manually reloading by a single function of the
19        trigger, including the frame or receiver of any such
20        weapon, or sells, manufactures, purchases, possesses,
21        or carries any combination of parts designed or
22        intended for use in converting any weapon into a
23        machine gun, or any combination or parts from which a
24        machine gun can be assembled if such parts are in the
25        possession or under the control of a person;
26            (i-5) 90 days after the effective date of this

 

 

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1        amendatory Act of the 100th General Assembly, a bump
2        stock or trigger crank. As used in this clause (i-5):
3                "Bump stock" means any device for a weapon that
4            increases the rate of fire achievable with the
5            weapon by using energy from the recoil of the
6            weapon to generate a reciprocating action that
7            facilitates repeated activation of the trigger of
8            the weapon.
9                "Trigger crank" means any device to be
10            attached to a weapon that repeatedly activates the
11            trigger of the weapon through the use of a lever or
12            other part that is turned in a circular motion;
13            (ii) any rifle having one or more barrels less than
14        16 inches in length or a shotgun having one or more
15        barrels less than 18 inches in length or any weapon
16        made from a rifle or shotgun, whether by alteration,
17        modification, or otherwise, if such a weapon as
18        modified has an overall length of less than 26 inches;
19        or
20            (iii) any bomb, bomb-shell, grenade, bottle or
21        other container containing an explosive substance of
22        over one-quarter ounce for like purposes, such as, but
23        not limited to, black powder bombs and Molotov
24        cocktails or artillery projectiles; or
25        (8) Carries or possesses any firearm, stun gun or taser
26    or other deadly weapon in any place which is licensed to

 

 

10000HB1467ham001- 5 -LRB100 03291 RLC 36583 a

1    sell intoxicating beverages, or at any public gathering
2    held pursuant to a license issued by any governmental body
3    or any public gathering at which an admission is charged,
4    excluding a place where a showing, demonstration or lecture
5    involving the exhibition of unloaded firearms is
6    conducted.
7        This subsection (a)(8) does not apply to any auction or
8    raffle of a firearm held pursuant to a license or permit
9    issued by a governmental body, nor does it apply to persons
10    engaged in firearm safety training courses; or
11        (9) Carries or possesses in a vehicle or on or about
12    his person any pistol, revolver, stun gun or taser or
13    firearm or ballistic knife, when he is hooded, robed or
14    masked in such manner as to conceal his identity; or
15        (10) Carries or possesses on or about his person, upon
16    any public street, alley, or other public lands within the
17    corporate limits of a city, village or incorporated town,
18    except when an invitee thereon or therein, for the purpose
19    of the display of such weapon or the lawful commerce in
20    weapons, or except when on his land or in his own abode,
21    legal dwelling, or fixed place of business, or on the land
22    or in the legal dwelling of another person as an invitee
23    with that person's permission, any pistol, revolver, stun
24    gun or taser or other firearm, except that this subsection
25    (a) (10) does not apply to or affect transportation of
26    weapons that meet one of the following conditions:

 

 

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1            (i) are broken down in a non-functioning state; or
2            (ii) are not immediately accessible; or
3            (iii) are unloaded and enclosed in a case, firearm
4        carrying box, shipping box, or other container by a
5        person who has been issued a currently valid Firearm
6        Owner's Identification Card; or
7            (iv) are carried or possessed in accordance with
8        the Firearm Concealed Carry Act by a person who has
9        been issued a currently valid license under the Firearm
10        Concealed Carry Act.
11        A "stun gun or taser", as used in this paragraph (a)
12    means (i) any device which is powered by electrical
13    charging units, such as, batteries, and which fires one or
14    several barbs attached to a length of wire and which, upon
15    hitting a human, can send out a current capable of
16    disrupting the person's nervous system in such a manner as
17    to render him incapable of normal functioning or (ii) any
18    device which is powered by electrical charging units, such
19    as batteries, and which, upon contact with a human or
20    clothing worn by a human, can send out current capable of
21    disrupting the person's nervous system in such a manner as
22    to render him incapable of normal functioning; or
23        (11) Sells, manufactures or purchases any explosive
24    bullet. For purposes of this paragraph (a) "explosive
25    bullet" means the projectile portion of an ammunition
26    cartridge which contains or carries an explosive charge

 

 

10000HB1467ham001- 7 -LRB100 03291 RLC 36583 a

1    which will explode upon contact with the flesh of a human
2    or an animal. "Cartridge" means a tubular metal case having
3    a projectile affixed at the front thereof and a cap or
4    primer at the rear end thereof, with the propellant
5    contained in such tube between the projectile and the cap;
6    or
7        (12) (Blank); or
8        (13) Carries or possesses on or about his or her person
9    while in a building occupied by a unit of government, a
10    billy club, other weapon of like character, or other
11    instrument of like character intended for use as a weapon.
12    For the purposes of this Section, "billy club" means a
13    short stick or club commonly carried by police officers
14    which is either telescopic or constructed of a solid piece
15    of wood or other man-made material.
16    (b) Sentence. A person convicted of a violation of
17subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
18subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
19Class A misdemeanor. A person convicted of a violation of
20subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
21person convicted of a violation of subsection 24-1(a)(6) or
2224-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
23convicted of a violation of subsection 24-1(a)(7)(i) or
2424-1(a)(7)(i-5) commits a Class 2 felony and shall be sentenced
25to a term of imprisonment of not less than 3 years and not more
26than 7 years, unless the weapon or device is possessed in the

 

 

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1passenger compartment of a motor vehicle as defined in Section
21-146 of the Illinois Vehicle Code, or on the person, while the
3weapon is loaded or the device is attached to the loaded
4weapon, in which case it shall be a Class X felony. A person
5convicted of a second or subsequent violation of subsection
624-1(a)(4), 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a
7Class 3 felony. The possession of each weapon or device in
8violation of this Section constitutes a single and separate
9violation.
10    (c) Violations in specific places.
11        (1) A person who violates subsection 24-1(a)(6) or
12    24-1(a)(7) in any school, regardless of the time of day or
13    the time of year, in residential property owned, operated
14    or managed by a public housing agency or leased by a public
15    housing agency as part of a scattered site or mixed-income
16    development, in a public park, in a courthouse, on the real
17    property comprising any school, regardless of the time of
18    day or the time of year, on residential property owned,
19    operated or managed by a public housing agency or leased by
20    a public housing agency as part of a scattered site or
21    mixed-income development, on the real property comprising
22    any public park, on the real property comprising any
23    courthouse, in any conveyance owned, leased or contracted
24    by a school to transport students to or from school or a
25    school related activity, in any conveyance owned, leased,
26    or contracted by a public transportation agency, or on any

 

 

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1    public way within 1,000 feet of the real property
2    comprising any school, public park, courthouse, public
3    transportation facility, or residential property owned,
4    operated, or managed by a public housing agency or leased
5    by a public housing agency as part of a scattered site or
6    mixed-income development commits a Class 2 felony and shall
7    be sentenced to a term of imprisonment of not less than 3
8    years and not more than 7 years.
9        (1.5) A person who violates subsection 24-1(a)(4),
10    24-1(a)(9), or 24-1(a)(10) in any school, regardless of the
11    time of day or the time of year, in residential property
12    owned, operated, or managed by a public housing agency or
13    leased by a public housing agency as part of a scattered
14    site or mixed-income development, in a public park, in a
15    courthouse, on the real property comprising any school,
16    regardless of the time of day or the time of year, on
17    residential property owned, operated, or managed by a
18    public housing agency or leased by a public housing agency
19    as part of a scattered site or mixed-income development, on
20    the real property comprising any public park, on the real
21    property comprising any courthouse, in any conveyance
22    owned, leased, or contracted by a school to transport
23    students to or from school or a school related activity, in
24    any conveyance owned, leased, or contracted by a public
25    transportation agency, or on any public way within 1,000
26    feet of the real property comprising any school, public

 

 

10000HB1467ham001- 10 -LRB100 03291 RLC 36583 a

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

 

 

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1    as part of a scattered site or mixed-income development
2    commits a Class 4 felony. "Courthouse" means any building
3    that is used by the Circuit, Appellate, or Supreme Court of
4    this State for the conduct of official business.
5        (3) Paragraphs (1), (1.5), and (2) of this subsection
6    (c) shall not apply to law enforcement officers or security
7    officers of such school, college, or university or to
8    students carrying or possessing firearms for use in
9    training courses, parades, hunting, target shooting on
10    school ranges, or otherwise with the consent of school
11    authorities and which firearms are transported unloaded
12    enclosed in a suitable case, box, or transportation
13    package.
14        (4) For the purposes of this subsection (c), "school"
15    means any public or private elementary or secondary school,
16    community college, college, or university.
17        (5) For the purposes of this subsection (c), "public
18    transportation agency" means a public or private agency
19    that provides for the transportation or conveyance of
20    persons by means available to the general public, except
21    for transportation by automobiles not used for conveyance
22    of the general public as passengers; and "public
23    transportation facility" means a terminal or other place
24    where one may obtain public transportation.
25    (d) The presence in an automobile other than a public
26omnibus of any weapon, instrument or substance referred to in

 

 

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1subsection (a)(7) is prima facie evidence that it is in the
2possession of, and is being carried by, all persons occupying
3such automobile at the time such weapon, instrument or
4substance is found, except under the following circumstances:
5(i) if such weapon, instrument or instrumentality is found upon
6the person of one of the occupants therein; or (ii) if such
7weapon, instrument or substance is found in an automobile
8operated for hire by a duly licensed driver in the due, lawful
9and proper pursuit of his trade, then such presumption shall
10not apply to the driver.
11    (e) Exemptions.
12        (1) Crossbows, Common or Compound bows and Underwater
13    Spearguns are exempted from the definition of ballistic
14    knife as defined in paragraph (1) of subsection (a) of this
15    Section.
16        (2) The provision of paragraph (1) of subsection (a) of
17    this Section prohibiting the sale, manufacture, purchase,
18    possession, or carrying of any knife, commonly referred to
19    as a switchblade knife, which has a blade that opens
20    automatically by hand pressure applied to a button, spring
21    or other device in the handle of the knife, does not apply
22    to a person who possesses a currently valid Firearm Owner's
23    Identification Card previously issued in his or her name by
24    the Department of State Police or to a person or an entity
25    engaged in the business of selling or manufacturing
26    switchblade knives.

 

 

10000HB1467ham001- 13 -LRB100 03291 RLC 36583 a

1(Source: P.A. 99-29, eff. 7-10-15; 100-82, eff. 8-11-17.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.".