102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3562

 

Introduced 2/22/2021, by Rep. Dan Ugaste

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-1  from Ch. 38, par. 24-1
720 ILCS 5/24-1.6
720 ILCS 5/24-3.1  from Ch. 38, par. 24-3.1

    Amends the Criminal Code of 2012. Increases penalties by one class for unlawful use of weapons when a person knowingly: (1) carries or possesses in any vehicle or concealed on or about his or her person except when on his or her 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, 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 municipality except when an invitee in or on the public street, alley, or other public lands, for the purpose of the display of the weapon or the lawful commerce in weapons, or except when on his or her 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, taser, or other firearm. Provides that a first offense of aggravated unlawful use of a weapon committed with a firearm by a person 18 years of age or older where certain factors exist is a Class 3 felony (rather than a Class 4 felony), for which the person shall be sentenced to a term of imprisonment of not less than 2 years and not more than 5 years. Increases the penalty by one class for unlawful possession of firearms. Makes other changes.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3562LRB102 11668 KMF 17002 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by
5changing Sections 24-1, 24-1.6, and 24-3.1 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
9weapons when 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
14    knife, commonly referred to as a switchblade knife, which
15    has a blade that opens automatically by hand pressure
16    applied to a button, spring or other device in the handle
17    of the 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 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
2        (2.5) Carries or possesses with intent to use the same
3    unlawfully against another, any firearm in a church,
4    synagogue, mosque, or other building, structure, or place
5    used for religious worship; or
6        (3) Carries on or about his person or in any vehicle, a
7    tear gas gun projector or bomb or any object containing
8    noxious liquid gas or substance, other than an object
9    containing a non-lethal noxious liquid gas or substance
10    designed solely for personal defense carried by a person
11    18 years of age or older; or
12        (4) Carries or possesses in any vehicle or concealed
13    on or about his or her person except when on his or her
14    land or in his or her own abode, legal dwelling, or fixed
15    place of business, or on the land or in the legal dwelling
16    of another person as an invitee with that person's
17    permission, any pistol, revolver, stun gun or taser or
18    other firearm, except that this subsection (a) (4) does
19    not apply to or affect transportation of weapons that meet
20    one of the following conditions:
21            (i) are broken down in a non-functioning state; or
22            (ii) are not immediately accessible; or
23            (iii) are unloaded and enclosed in a case, firearm
24        carrying box, shipping box, or other container by a
25        person who has been issued a currently valid Firearm
26        Owner's Identification Card; or

 

 

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

 

 

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1        alteration, modification, or otherwise, if such a
2        weapon as modified has an overall length of less than
3        26 inches; or
4            (iii) any bomb, bomb-shell, grenade, bottle or
5        other container containing an explosive substance of
6        over one-quarter ounce for like purposes, such as, but
7        not limited to, black powder bombs and Molotov
8        cocktails or artillery projectiles; or
9        (8) Carries or possesses any firearm, stun gun or
10    taser or other deadly weapon in any place which is
11    licensed to sell intoxicating beverages, or at any public
12    gathering held pursuant to a license issued by any
13    governmental body or any public gathering at which an
14    admission is charged, excluding a place where a showing,
15    demonstration or lecture involving the exhibition of
16    unloaded firearms is conducted.
17        This subsection (a)(8) does not apply to any auction
18    or raffle of a firearm held pursuant to a license or permit
19    issued by a governmental body, nor does it apply to
20    persons engaged in firearm safety training courses; or
21        (9) Carries or possesses in a vehicle or on or about
22    his or her person any pistol, revolver, stun gun or taser
23    or firearm or ballistic knife, when he or she is hooded,
24    robed or masked in such manner as to conceal his or her
25    identity; or
26        (10) Carries or possesses on or about his or her

 

 

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1    person, upon any public street, alley, or other public
2    lands within the corporate limits of a city, village, or
3    incorporated town, except when an invitee thereon or
4    therein, for the purpose of the display of such weapon or
5    the lawful commerce in weapons, or except when on his or
6    her land or in his or her own abode, legal dwelling, or
7    fixed place of business, or on the land or in the legal
8    dwelling of another person as an invitee with that
9    person's permission, any pistol, revolver, stun gun, or
10    taser or other firearm, except that this subsection (a)
11    (10) does not apply to or affect transportation of weapons
12    that meet one of the following conditions:
13            (i) are broken down in a non-functioning state; or
14            (ii) are not immediately accessible; or
15            (iii) are unloaded and enclosed in a case, firearm
16        carrying box, shipping box, or other container by a
17        person who has been issued a currently valid Firearm
18        Owner's Identification Card; or
19            (iv) are carried or possessed in accordance with
20        the Firearm Concealed Carry Act by a person who has
21        been issued a currently valid license under the
22        Firearm Concealed Carry Act.
23        A "stun gun or taser", as used in this paragraph (a)
24    means (i) any device which is powered by electrical
25    charging units, such as, batteries, and which fires one or
26    several barbs attached to a length of wire and which, upon

 

 

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1    hitting a human, can send out a current capable of
2    disrupting the person's nervous system in such a manner as
3    to render him incapable of normal functioning or (ii) any
4    device which is powered by electrical charging units, such
5    as batteries, and which, upon contact with a human or
6    clothing worn by a human, can send out current capable of
7    disrupting the person's nervous system in such a manner as
8    to render him incapable of normal functioning; or
9        (11) Sells, manufactures, or purchases any explosive
10    bullet. For purposes of this paragraph (a) "explosive
11    bullet" means the projectile portion of an ammunition
12    cartridge which contains or carries an explosive charge
13    which will explode upon contact with the flesh of a human
14    or an animal. "Cartridge" means a tubular metal case
15    having a projectile affixed at the front thereof and a cap
16    or primer at the rear end thereof, with the propellant
17    contained in such tube between the projectile and the cap;
18    or
19        (12) (Blank); or
20        (13) Carries or possesses on or about his or her
21    person while in a building occupied by a unit of
22    government, a billy club, other weapon of like character,
23    or other instrument of like character intended for use as
24    a weapon. For the purposes of this Section, "billy club"
25    means a short stick or club commonly carried by police
26    officers which is either telescopic or constructed of a

 

 

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1    solid piece of wood or other man-made material.
2    (b) Sentence. A person convicted of a violation of
3subsection 24-1(a)(1), subsection 24-1(a)(2), subsection
424-1(a)(3), subsection 24-1(a)(5), through (5), subsection
524-1(a)(10), subsection 24-1(a)(11), or subsection 24-1(a)(13)
6commits a Class A misdemeanor. A person convicted of a
7violation of subsection 24-1(a)(4), 24-1(a)(10), 24-1(a)(8) or
824-1(a)(9) commits a Class 4 felony; a person convicted of a
9violation of subsection 24-1(a)(6) or 24-1(a)(7)(ii) or (iii)
10commits a Class 3 felony. A person convicted of a violation of
11subsection 24-1(a)(7)(i) commits a Class 2 felony and shall be
12sentenced to a term of imprisonment of not less than 3 years
13and not more than 7 years, unless the weapon is possessed in
14the passenger compartment of a motor vehicle as defined in
15Section 1-146 of the Illinois Vehicle Code, or on the person,
16while the weapon is loaded, in which case it shall be a Class X
17felony. A person convicted of a second or subsequent violation
18of subsection 24-1(a)(4), 24-1(a)(8), 24-1(a)(9), or
1924-1(a)(10) commits a Class 3 felony. A person convicted of a
20violation of subsection 24-1(a)(2.5) commits a Class 2 felony.
21The possession of each weapon in violation of this Section
22constitutes a single and separate violation.
23    (c) Violations in specific places.
24        (1) A person who violates subsection 24-1(a)(6) or
25    24-1(a)(7) in any school, regardless of the time of day or
26    the time of year, in residential property owned, operated

 

 

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

 

 

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

 

 

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1    residential property owned, operated or managed by a
2    public housing agency or leased by a public housing agency
3    as part of a scattered site or mixed-income development,
4    on the real property comprising any public park, on the
5    real property comprising any courthouse, in any conveyance
6    owned, leased or contracted by a school to transport
7    students to or from school or a school related activity,
8    in any conveyance owned, leased, or contracted by a public
9    transportation agency, or on any public way within 1,000
10    feet of the real property comprising any school, public
11    park, courthouse, public transportation facility, or
12    residential property owned, operated, or managed by a
13    public housing agency or leased by a public housing agency
14    as part of a scattered site or mixed-income development
15    commits a Class 4 felony. "Courthouse" means any building
16    that is used by the Circuit, Appellate, or Supreme Court
17    of this State for the conduct of official business.
18        (3) Paragraphs (1), (1.5), and (2) of this subsection
19    (c) shall not apply to law enforcement officers or
20    security officers of such school, college, or university
21    or to students carrying or possessing firearms for use in
22    training courses, parades, hunting, target shooting on
23    school ranges, or otherwise with the consent of school
24    authorities and which firearms are transported unloaded
25    enclosed in a suitable case, box, or transportation
26    package.

 

 

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1        (4) For the purposes of this subsection (c), "school"
2    means any public or private elementary or secondary
3    school, community college, college, or university.
4        (5) For the purposes of this subsection (c), "public
5    transportation agency" means a public or private agency
6    that provides for the transportation or conveyance of
7    persons by means available to the general public, except
8    for transportation by automobiles not used for conveyance
9    of the general public as passengers; and "public
10    transportation facility" means a terminal or other place
11    where one may obtain public transportation.
12    (d) The presence in an automobile other than a public
13omnibus of any weapon, instrument or substance referred to in
14subsection (a)(7) is prima facie evidence that it is in the
15possession of, and is being carried by, all persons occupying
16such automobile at the time such weapon, instrument or
17substance is found, except under the following circumstances:
18(i) if such weapon, instrument or instrumentality is found
19upon the person of one of the occupants therein; or (ii) if
20such weapon, instrument or substance is found in an automobile
21operated for hire by a duly licensed driver in the due, lawful
22and proper pursuit of his or her trade, then such presumption
23shall not apply to the driver.
24    (e) Exemptions.
25        (1) Crossbows, Common or Compound bows and Underwater
26    Spearguns are exempted from the definition of ballistic

 

 

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1    knife as defined in paragraph (1) of subsection (a) of
2    this Section.
3        (2) The provision of paragraph (1) of subsection (a)
4    of this Section prohibiting the sale, manufacture,
5    purchase, possession, or carrying of any knife, commonly
6    referred to as a switchblade knife, which has a blade that
7    opens automatically by hand pressure applied to a button,
8    spring or other device in the handle of the knife, does not
9    apply to a person who possesses a currently valid Firearm
10    Owner's Identification Card previously issued in his or
11    her name by the Department of State Police or to a person
12    or an entity engaged in the business of selling or
13    manufacturing switchblade knives.
14(Source: P.A. 100-82, eff. 8-11-17; 101-223, eff. 1-1-20.)
 
15    (720 ILCS 5/24-1.6)
16    Sec. 24-1.6. Aggravated unlawful use of a weapon.
17    (a) A person commits the offense of aggravated unlawful
18use of a weapon when he or she knowingly:
19        (1) Carries on or about his or her person or in any
20    vehicle or concealed on or about his or her person except
21    when on his or her land or in his or her abode, legal
22    dwelling, or fixed place of business, or on the land or in
23    the legal dwelling of another person as an invitee with
24    that person's permission, any pistol, revolver, stun gun
25    or taser or other firearm; or

 

 

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1        (2) Carries or possesses on or about his or her
2    person, upon any public street, alley, or other public
3    lands within the corporate limits of a city, village or
4    incorporated town, except when an invitee thereon or
5    therein, for the purpose of the display of such weapon or
6    the lawful commerce in weapons, or except when on his or
7    her own land or in his or her own abode, legal dwelling, or
8    fixed place of business, or on the land or in the legal
9    dwelling of another person as an invitee with that
10    person's permission, any pistol, revolver, stun gun or
11    taser or other firearm; and
12        (3) One of the following factors is present:
13            (A) the firearm, other than a pistol, revolver, or
14        handgun, possessed was uncased, loaded, and
15        immediately accessible at the time of the offense; or
16            (A-5) the pistol, revolver, or handgun possessed
17        was uncased, loaded, and immediately accessible at the
18        time of the offense and the person possessing the
19        pistol, revolver, or handgun has not been issued a
20        currently valid license under the Firearm Concealed
21        Carry Act; or
22            (B) the firearm, other than a pistol, revolver, or
23        handgun, possessed was uncased, unloaded, and the
24        ammunition for the weapon was immediately accessible
25        at the time of the offense; or
26            (B-5) the pistol, revolver, or handgun possessed

 

 

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1        was uncased, unloaded, and the ammunition for the
2        weapon was immediately accessible at the time of the
3        offense and the person possessing the pistol,
4        revolver, or handgun has not been issued a currently
5        valid license under the Firearm Concealed Carry Act;
6        or
7            (C) the person possessing the firearm has not been
8        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 committed
13        by an adult would be a felony; or
14            (E) the person possessing the weapon was engaged
15        in a misdemeanor violation of the Cannabis Control
16        Act, in a misdemeanor violation of the Illinois
17        Controlled Substances Act, or in a misdemeanor
18        violation of the Methamphetamine Control and Community
19        Protection Act; or
20            (F) (blank); or
21            (G) the person possessing the weapon had an order
22        of protection issued against him or her within the
23        previous 2 years; or
24            (H) the person possessing the weapon was engaged
25        in the commission or attempted commission of a
26        misdemeanor involving the use or threat of violence

 

 

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1        against the person or property of another; or
2            (I) the person possessing the weapon was under 21
3        years of age and in possession of a handgun, unless the
4        person under 21 is engaged in lawful activities under
5        the Wildlife Code or described in subsection
6        24-2(b)(1), (b)(3), or 24-2(f).
7    (a-5) "Handgun" as used in this Section has the meaning
8given to it in Section 5 of the Firearm Concealed Carry Act.
9    (b) "Stun gun or taser" as used in this Section has the
10same definition given to it in Section 24-1 of this Code.
11    (c) This Section does not apply to or affect the
12transportation or possession of weapons that:
13        (i) are broken down in a non-functioning state; or
14        (ii) are not immediately accessible; or
15        (iii) are unloaded and enclosed in a case, firearm
16    carrying box, shipping box, or other container by a person
17    who has been issued a currently valid Firearm Owner's
18    Identification Card.
19    (d) Sentence.
20        (1) Aggravated unlawful use of a weapon is a Class 3 4
21    felony; a second or subsequent offense is a Class 2 felony
22    for which the person shall be sentenced to a term of
23    imprisonment of not less than 3 years and not more than 7
24    years, except as provided for in Section 5-4.5-110 of the
25    Unified Code of Corrections.
26        (2) Except as otherwise provided in paragraphs (3) and

 

 

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1    (4) of this subsection (d), a first offense of aggravated
2    unlawful use of a weapon committed with a firearm by a
3    person 18 years of age or older where the factors listed in
4    both items (A) and (C) or both items (A-5) and (C) of
5    paragraph (3) of subsection (a) are present is a Class 3 4
6    felony, for which the person shall be sentenced to a term
7    of imprisonment of not less than 2 one year and not more
8    than 5 3 years.
9        (3) Aggravated unlawful use of a weapon by a person
10    who has been previously convicted of a felony in this
11    State or another jurisdiction is a Class 2 felony for
12    which the person shall be sentenced to a term of
13    imprisonment of not less than 3 years and not more than 7
14    years, except as provided for in Section 5-4.5-110 of the
15    Unified Code of Corrections.
16        (4) Aggravated unlawful use of a weapon while wearing
17    or in possession of body armor as defined in Section 33F-1
18    by a person who has not been issued a valid Firearms
19    Owner's Identification Card in accordance with Section 5
20    of the Firearm Owners Identification Card Act is a Class X
21    felony.
22    (e) The possession of each firearm in violation of this
23Section constitutes a single and separate violation.
24(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)
 
25    (720 ILCS 5/24-3.1)  (from Ch. 38, par. 24-3.1)

 

 

HB3562- 17 -LRB102 11668 KMF 17002 b

1    Sec. 24-3.1. Unlawful possession of firearms and firearm
2ammunition.
3    (a) A person commits the offense of unlawful possession of
4firearms or firearm ammunition when:
5        (1) He or she is under 18 years of age and has in his
6    or her possession any firearm of a size which may be
7    concealed upon the person; or
8        (2) He or she is under 21 years of age, has been
9    convicted of a misdemeanor other than a traffic offense or
10    adjudged delinquent and has any firearms or firearm
11    ammunition in his or her possession; or
12        (3) He or she is a narcotic addict and has any firearms
13    or firearm ammunition in his or her possession; or
14        (4) He or she has been a patient in a mental
15    institution within the past 5 years and has any firearms
16    or firearm ammunition in his or her possession. For
17    purposes of this paragraph (4):
18            "Mental institution" means any hospital,
19        institution, clinic, evaluation facility, mental
20        health center, or part thereof, which is used
21        primarily for the care or treatment of persons with
22        mental illness.
23            "Patient in a mental institution" means the person
24        was admitted, either voluntarily or involuntarily, to
25        a mental institution for mental health treatment,
26        unless the treatment was voluntary and solely for an

 

 

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1        alcohol abuse disorder and no other secondary
2        substance abuse disorder or mental illness; or
3        (5) He or she is a person with an intellectual
4    disability and has any firearms or firearm ammunition in
5    his or her possession; or
6        (6) He or she has in his or her possession any
7    explosive bullet.
8    For purposes of this paragraph "explosive bullet" means
9the projectile portion of an ammunition cartridge which
10contains or carries an explosive charge which will explode
11upon contact with the flesh of a human or an animal.
12"Cartridge" means a tubular metal case having a projectile
13affixed at the front thereof and a cap or primer at the rear
14end thereof, with the propellant contained in such tube
15between the projectile and the cap.
16    (b) Sentence.
17    Unlawful possession of firearms, other than handguns, and
18firearm ammunition is a Class A misdemeanor. Unlawful
19possession of firearms handguns is a Class 4 felony. The
20possession of each firearm or firearm ammunition in violation
21of this Section constitutes a single and separate violation.
22    (c) Nothing in paragraph (1) of subsection (a) of this
23Section prohibits a person under 18 years of age from
24participating in any lawful recreational activity with a
25firearm such as, but not limited to, practice shooting at
26targets upon established public or private target ranges or

 

 

HB3562- 19 -LRB102 11668 KMF 17002 b

1hunting, trapping, or fishing in accordance with the Wildlife
2Code or the Fish and Aquatic Life Code.
3(Source: P.A. 99-143, eff. 7-27-15.)