102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3779

 

Introduced 2/22/2021, by Rep. Maura Hirschauer

 

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

    Amends the Criminal Code of 2012. Provides that it is a Class 3 felony for a person to knowingly sell, manufacture, purchase, possess, or carry any firearm manufactured on or after January 1, 2022 that is not microstamp-ready, or any firearm manufactured on or after that date if the person knows that a microstamping mechanism has been unlawfully removed from that firearm. Provides that any person who knowingly or intentionally changes, alters, removes or obliterates the importer's or manufacturer's microstamping mechanism is guilty of a Class 2 felony.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3779LRB102 17042 KMF 22469 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 and 24-5 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 person except when on his land or in his
14    own abode, legal dwelling, or fixed place of business, or
15    on the land or in the legal dwelling of another person as
16    an invitee with that person's permission, any pistol,
17    revolver, stun gun or taser or other firearm, except that
18    this subsection (a) (4) does not apply to or affect
19    transportation of weapons that meet one of the following
20    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            (iv) any firearm manufactured on or after January
10        1, 2022 that is not microstamp-ready, or any firearm
11        manufactured on or after that date if the person knows
12        that a microstamping mechanism has been unlawfully
13        removed from that firearm. "Microstamp-ready", as used
14        in this paragraph, means that the firearm is
15        manufactured to produce a unique alphanumeric or
16        geometric code on at least 2 locations on each
17        expended cartridge case that identifies the make,
18        model, and serial number of the firearm.
19        "Microstamping mechanism", as used in this paragraph,
20        means a mechanism of the firearm designed and intended
21        to produce a unique alphanumeric or geometric code on
22        an expended cartridge that identifies the make, model,
23        and serial number of the firearm; or
24        (8) Carries or possesses any firearm, stun gun or
25    taser or other deadly weapon in any place which is
26    licensed to sell intoxicating beverages, or at any public

 

 

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

 

 

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

 

 

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1    cartridge which contains or carries an explosive charge
2    which will explode upon contact with the flesh of a human
3    or an animal. "Cartridge" means a tubular metal case
4    having a projectile affixed at the front thereof and a cap
5    or primer at the rear end thereof, with the propellant
6    contained in such tube between the projectile and the cap;
7    or
8        (12) (Blank); or
9        (13) Carries or possesses on or about his or her
10    person while in a building occupied by a unit of
11    government, a billy club, other weapon of like character,
12    or other instrument of like character intended for use as
13    a weapon. For the purposes of this Section, "billy club"
14    means a short stick or club commonly carried by police
15    officers which is either telescopic or constructed of a
16    solid piece of wood or other man-made material.
17    (b) Sentence. A person convicted of a violation of
18subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
19subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
20Class A misdemeanor. A person convicted of a violation of
21subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony;
22a person convicted of a violation of subsection 24-1(a)(6) or
2324-1(a)(7)(ii), or (iii), or (iv) commits a Class 3 felony. A
24person convicted of a violation of subsection 24-1(a)(7)(i)
25commits a Class 2 felony and shall be sentenced to a term of
26imprisonment of not less than 3 years and not more than 7

 

 

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1years, unless the weapon is possessed in the passenger
2compartment of a motor vehicle as defined in Section 1-146 of
3the Illinois Vehicle Code, or on the person, while the weapon
4is loaded, 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. A person convicted of a violation of
8subsection 24-1(a)(2.5) commits a Class 2 felony. The
9possession of each weapon in violation of this Section
10constitutes a single and separate violation.
11    (c) Violations in specific places.
12        (1) A person who violates subsection 24-1(a)(6) or
13    24-1(a)(7) in any school, regardless of the time of day or
14    the time of year, in residential property owned, operated
15    or managed by a public housing agency or leased by a public
16    housing agency as part of a scattered site or mixed-income
17    development, in a public park, in a courthouse, on the
18    real property comprising any school, regardless of the
19    time of day or the time of year, on residential property
20    owned, operated or managed by a public housing agency or
21    leased by a public housing agency as part of a scattered
22    site or mixed-income development, on the real property
23    comprising any public park, on the real property
24    comprising any courthouse, in any conveyance owned, leased
25    or contracted by a school to transport students to or from
26    school or a school related activity, in any conveyance

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    manufacturing switchblade knives.
2(Source: P.A. 100-82, eff. 8-11-17; 101-223, eff. 1-1-20.)
 
3    (720 ILCS 5/24-5)  (from Ch. 38, par. 24-5)
4    Sec. 24-5. Defacing identification marks or microstamping
5mechanism of firearms.
6    (a) Any person who shall knowingly or intentionally
7change, alter, remove or obliterate the name of the importer's
8or manufacturer's serial number or the microstamping mechanism
9of any firearm commits a Class 2 felony.
10    (b) A person who possesses any firearm upon which any such
11importer's or manufacturer's serial number has been changed,
12altered, removed or obliterated commits a Class 3 felony.
13    (c) Nothing in this Section shall prevent a person from
14making repairs, replacement of parts, or other changes to a
15firearm if those repairs, replacement of parts, or changes
16cause the removal of the name of the maker, model, or other
17marks of identification other than the serial number on the
18firearm's frame or receiver or the code of the microstamping
19mechanism.
20    (d) A prosecution for a violation of this Section may be
21commenced within 6 years after the commission of the offense.
22    (e) As used in this Section, "microstamping mechanism" has
23the meaning given to that term in Section 24-1 of this Code.
24(Source: P.A. 93-906, eff. 8-11-04.)