State of Illinois
91st General Assembly
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91_HB1407

 
                                               LRB9101702RCks

 1        AN ACT to amend the Criminal Code  of  1961  by  changing
 2    Sections 24-1 and 24-3.3.

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

 5        Section 5. The  Criminal  Code  of  1961  is  amended  by
 6    changing Sections 24-1 and 24-3.3 as follows:

 7        (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
 8        Sec. 24-1. Unlawful Use of Weapons.
 9        (a)  A  person  commits  the  offense  of unlawful use of
10    weapons when he knowingly:
11             (1)  Sells, manufactures,  purchases,  possesses  or
12        carries  any bludgeon, black-jack, slung-shot, sand-club,
13        sand-bag, metal knuckles, 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
16        to  a button, spring or other device in the handle of the
17        knife, or a ballistic  knife,  which  is  a  device  that
18        propels  a  knifelike blade as a projectile by means of a
19        coil spring, elastic material or compressed gas; or
20             (2)  Carries or possesses with  intent  to  use  the
21        same  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
24        or deadly weapon or instrument of like character; or
25             (3)  Carries on  or  about  his  person  or  in  any
26        vehicle,  a  tear gas gun projector or bomb or any object
27        containing noxious liquid gas or substance, other than an
28        object containing a  non-lethal  noxious  liquid  gas  or
29        substance designed solely for personal defense carried by
30        a person 18 years of age or older; or
31             (4)  Carries   or   possesses   in  any  vehicle  or
 
                            -2-                LRB9101702RCks
 1        concealed on or about his person except when on his  land
 2        or  in  his  own  abode  or  fixed  place of business any
 3        pistol, revolver, stun gun or taser or other firearm; or
 4             (5)  Sets a spring gun; or
 5             (6)  Possesses any device or attachment of any  kind
 6        designed,  used  or  intended  for  use  in silencing the
 7        report of any firearm; or
 8             (7)  Sells, manufactures,  purchases,  possesses  or
 9        carries:
10                  (i)  a  machine gun, which shall be defined for
11             the purposes of this subsection as any weapon, which
12             shoots, is designed to  shoot,  or  can  be  readily
13             restored  to shoot, automatically more than one shot
14             without manually reloading by a single  function  of
15             the  trigger, including the frame or receiver of any
16             such  weapon,  or  sells,  manufactures,  purchases,
17             possesses,  or  carries  any  combination  of  parts
18             designed or  intended  for  use  in  converting  any
19             weapon  into  a  machine  gun, or any combination or
20             parts from which a machine gun can be  assembled  if
21             such  parts  are  in  the  possession  or  under the
22             control of a person;
23                  (ii)  any rifle having one or more barrels less
24             than 16 inches in length or a shotgun having one  or
25             more  barrels  less  than 18 inches in length or any
26             weapon made from a  rifle  or  shotgun,  whether  by
27             alteration,  modification,  or  otherwise, if such a
28             weapon as modified has an  overall  length  of  less
29             than 26 inches; or
30                  (iii)  any bomb, bomb-shell, grenade, bottle or
31             other container containing an explosive substance of
32             over  one-quarter  ounce for like purposes, such as,
33             but not limited to, black powder bombs  and  Molotov
34             cocktails or artillery projectiles; or
 
                            -3-                LRB9101702RCks
 1             (8)  Carries  or  possesses any firearm, stun gun or
 2        taser or other  deadly  weapon  in  any  place  which  is
 3        licensed to sell intoxicating beverages, or at any public
 4        gathering  held  pursuant  to  a  license  issued  by any
 5        governmental body or any public  gathering  at  which  an
 6        admission  is charged, excluding a place where a showing,
 7        demonstration or  lecture  involving  the  exhibition  of
 8        unloaded firearms is conducted; or
 9             (9)  Carries  or  possesses  in  a  vehicle or on or
10        about his person any pistol, revolver, stun gun or  taser
11        or  firearm  or ballistic knife, when he is hooded, robed
12        or masked in such manner as to conceal his identity; or
13             (10)  Carries or possesses on or about  his  person,
14        upon  any  public  street,  alley,  or other public lands
15        within  the  corporate  limits  of  a  city,  village  or
16        incorporated town, except  when  an  invitee  thereon  or
17        therein, for the purpose of the display of such weapon or
18        the  lawful  commerce  in  weapons, or except when on his
19        land or in his own abode or fixed place of business,  any
20        pistol, revolver, stun gun or taser or other firearm.
21             A "stun gun or taser", as used in this paragraph (a)
22        means  (i)  any  device  which  is  powered by electrical
23        charging units, such as, batteries, and which  fires  one
24        or  several barbs attached to a length of wire and which,
25        upon hitting a human, can send out a current  capable  of
26        disrupting  the  person's nervous system in such a manner
27        as to render him incapable of normal functioning or  (ii)
28        any device which is powered by electrical charging units,
29        such  as  batteries, and which, upon contact with a human
30        or clothing worn by a human, can send out current capable
31        of disrupting the  person's  nervous  system  in  such  a
32        manner  as to render him incapable of normal functioning;
33        or
34             (11)  Sells, manufactures or purchases any explosive
 
                            -4-                LRB9101702RCks
 1        bullet.  For purposes of this  paragraph  (a)  "explosive
 2        bullet"  means  the  projectile  portion of an ammunition
 3        cartridge which contains or carries an  explosive  charge
 4        which will explode upon contact with the flesh of a human
 5        or  an  animal.    "Cartridge" means a tubular metal case
 6        having a projectile affixed at the front  thereof  and  a
 7        cap   or  primer  at  the  rear  end  thereof,  with  the
 8        propellant contained in such tube between the  projectile
 9        and the cap; or
10             (12)  (Blank).
11        (b)  Sentence.  A  person  convicted  of  a  violation of
12    subsection 24-1(a)(1)  through  (3),  subsection  24-1(a)(5),
13    subsection  24-1(a)(8),  or  subsection 24-1(a)(11) commits a
14    Class A misdemeanor.  A person convicted of  a  violation  of
15    subsection  24-1(a)(4),  24-1(a)(9), or 24-1(a)(10) commits a
16    Class  4  felony;  a  person  convicted  of  a  violation  of
17    subsection 24-1(a)(6) or 24-1(a)(7)(ii) or  (iii)  commits  a
18    Class  3  felony.   A  person  convicted  of  a  violation of
19    subsection 24-1(a)(7)(i) commits a Class 2 felony, unless the
20    weapon is possessed in the passenger compartment of  a  motor
21    vehicle  as  defined in Section 1-146 of the Illinois Vehicle
22    Code, or on the person, while the weapon is loaded, in  which
23    case  it shall be a Class X felony.   A person convicted of a
24    second or  subsequent  violation  of  subsection  24-1(a)(4),
25    24-1(a)(9), or 24-1(a)(10) commits a Class 3 felony.
26        (c)  Violations in specific places.
27             (1)  A  person who violates subsection 24-1(a)(6) or
28        24-1(a)(7) in any school, regardless of the time  of  day
29        or  the  time  of  year,  in  residential property owned,
30        operated and managed by a public  housing  agency,  in  a
31        public  park,  in a courthouse, in a medical facility, on
32        the real property comprising any  school,  regardless  of
33        the  time  of  day  or  the  time of year, on residential
34        property owned, operated and managed by a public  housing
 
                            -5-                LRB9101702RCks
 1        agency,  on the real property comprising any public park,
 2        on the real property comprising any  courthouse,  on  the
 3        real  property  comprising  a  medical  facility,  in any
 4        conveyance owned, leased or contracted  by  a  school  to
 5        transport  students to or from school or a school related
 6        activity, or on any public way within 1,000 feet  of  the
 7        real   property   comprising  any  school,  public  park,
 8        courthouse, medical  facility,  or  residential  property
 9        owned,  operated,  and managed by a public housing agency
10        commits a Class 2 felony.
11             (1.5)  A person who violates subsection  24-1(a)(4),
12        24-1(a)(9),  or  24-1(a)(10) in any school, regardless of
13        the time of day or  the  time  of  year,  in  residential
14        property owned, operated, and managed by a public housing
15        agency,  in  a public park, in a courthouse, in a medical
16        facility, on the real  property  comprising  any  school,
17        regardless  of  the  time  of day or the time of year, on
18        residential property owned, operated, and  managed  by  a
19        public  housing  agency,  on the real property comprising
20        any public park, on  the  real  property  comprising  any
21        courthouse,  on  the  real  property comprising a medical
22        facility, in any conveyance owned, leased, or  contracted
23        by  a school to transport students to or from school or a
24        school related activity, or  on  any  public  way  within
25        1,000  feet  of  the real property comprising any school,
26        public park, courthouse, medical facility, or residential
27        property owned, operated, and managed by a public housing
28        agency commits a Class 3 felony.
29             (2)  A person who  violates  subsection  24-1(a)(1),
30        24-1(a)(2),  or  24-1(a)(3)  in any school, regardless of
31        the time of day or  the  time  of  year,  in  residential
32        property  owned, operated and managed by a public housing
33        agency, in a public park, in a courthouse, in  a  medical
34        facility,  on  the  real  property comprising any school,
 
                            -6-                LRB9101702RCks
 1        regardless of the time of day or the  time  of  year,  on
 2        residential  property  owned,  operated  and managed by a
 3        public housing agency, on the  real  property  comprising
 4        any  public  park,  on  the  real property comprising any
 5        courthouse, on the real  property  comprising  a  medical
 6        facility,  in  any conveyance owned, leased or contracted
 7        by a school to transport students to or from school or  a
 8        school  related  activity,  or  on  any public way within
 9        1,000 feet of the real property  comprising  any  school,
10        public park, courthouse, medical facility, or residential
11        property owned, operated, and managed by a public housing
12        agency  commits a Class 4 felony.  "Courthouse" means any
13        building that is  used  by  the  Circuit,  Appellate,  or
14        Supreme  Court  of this State for the conduct of official
15        business. "Medical facility" means a  public  or  private
16        hospital,   clinic,   center,   medical  school,  medical
17        training institution, health care  facility,  physician's
18        office,   infirmary,   dispensary,   ambulatory  surgical
19        treatment center, or other institution or location  where
20        medical care is provided to a person.
21             (3)  Paragraphs   (1),   (1.5),   and  (2)  of  this
22        subsection  (c)  shall  not  apply  to  law   enforcement
23        officers or security officers of such school, college, or
24        university or to students carrying or possessing firearms
25        for  use  in  training  courses, parades, hunting, target
26        shooting on school ranges, or otherwise with the  consent
27        of  school authorities and which firearms are transported
28        unloaded  enclosed  in   a   suitable   case,   box,   or
29        transportation package.
30             (4)  For   the  purposes  of  this  subsection  (c),
31        "school"  means  any  public  or  private  elementary  or
32        secondary  school,   community   college,   college,   or
33        university.
34        (d)  The  presence  in  an automobile other than a public
 
                            -7-                LRB9101702RCks
 1    omnibus of any weapon, instrument or substance referred to in
 2    subsection (a)(7) is prima facie evidence that it is  in  the
 3    possession of, and is being carried by, all persons occupying
 4    such  automobile  at  the  time  such  weapon,  instrument or
 5    substance is found, except under the following circumstances:
 6    (i) if such weapon, instrument or  instrumentality  is  found
 7    upon  the  person of one of the occupants therein; or (ii) if
 8    such  weapon,  instrument  or  substance  is  found   in   an
 9    automobile operated for hire by a duly licensed driver in the
10    due,  lawful  and  proper  pursuit  of  his  trade, then such
11    presumption shall not apply to the driver.
12        (e)  Exemptions.
13             (1)  Crossbows,  Common   or   Compound   bows   and
14        Underwater  Spearguns are exempted from the definition of
15        ballistic knife as defined in paragraph (1) of subsection
16        (a) of this Section.
17             (2)  Paragraph (3) of subsection (a) of this Section
18        does not prohibit a person 18 years of age or older  from
19        carrying on or about his or her person or in a vehicle an
20        object  containing  a  non-lethal  noxious  liquid gas or
21        substance designed solely for personal defense.
22    (Source: P.A. 90-686, eff. 1-1-99.)

23        (720 ILCS 5/24-3.3) (from Ch. 38, par. 24-3.3)
24        Sec. 24-3.3.  Unlawful Sale or Delivery  of  Firearms  in
25    Specific  Places on the Premises of Any School, regardless of
26    the time of day or the time of year, or any conveyance owned,
27    leased or contracted by a school to transport students to  or
28    from  school  or  a  school  related activity, or residential
29    property owned, operated and  managed  by  a  public  housing
30    agency.  Any person 18 years of age or older who sells, gives
31    , or delivers any firearm to any person under 18 years of age
32    in  any  school, regardless of the time of day or the time of
33    year, in or residential property owned, operated and  managed
 
                            -8-                LRB9101702RCks
 1    by  a public housing agency, in a medical facility, or on the
 2    real property comprising any school, regardless of  the  time
 3    of day or the time of year, on or residential property owned,
 4    operated  and  managed  by a public housing agency, or on the
 5    real property comprising a medical facility commits a Class 3
 6    felony. School is defined, for the purposes of this  Section,
 7    as  any  public  or  private  elementary or secondary school,
 8    community college, college or university.  "Medical facility"
 9    has the meaning ascribed to it in Section  24-1.   This  does
10    not  apply  to  peace  officers  or  to  students carrying or
11    possessing firearms  for  use  in  school  training  courses,
12    parades,  target shooting on school ranges, or otherwise with
13    the consent of school  authorities  and  which  firearms  are
14    transported  unloaded and enclosed in a suitable case, box or
15    transportation package.
16    (Source: P.A. 86-946; 87-524.)

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