103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2866

 

Introduced 2/16/2023, by Rep. Frances Ann Hurley

 

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

    Amends the Criminal Code of 2012. Makes a technical change in a Section concerning the unlawful use of weapons.


LRB103 30028 RLC 56449 b

 

 

A BILL FOR

 

HB2866LRB103 30028 RLC 56449 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 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 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

 

 

HB2866- 2 -LRB103 30028 RLC 56449 b

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

 

 

HB2866- 3 -LRB103 30028 RLC 56449 b

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

 

 

HB2866- 4 -LRB103 30028 RLC 56449 b

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

 

 

HB2866- 5 -LRB103 30028 RLC 56449 b

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 land
6    or in his or her own abode, legal dwelling, or fixed place
7    of business, or on the land or in the legal dwelling of
8    another person as an invitee with that person's
9    permission, any pistol, revolver, stun gun, or taser or
10    other firearm, except that this subsection (a)(10) does
11    not apply to or affect transportation of weapons that meet
12    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

 

 

HB2866- 6 -LRB103 30028 RLC 56449 b

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, delivers, imports,
10    possesses, or purchases any assault weapon attachment or
11    .50 caliber cartridge in violation of Section 24-1.9 or
12    any explosive bullet. For purposes of this paragraph (a)
13    "explosive bullet" means the projectile portion of an
14    ammunition cartridge which contains or carries an
15    explosive charge which will explode upon contact with the
16    flesh of a human or an animal. "Cartridge" means a tubular
17    metal case having a projectile affixed at the front
18    thereof and a cap or primer at the rear end thereof, with
19    the propellant contained in such tube between the
20    projectile and the cap; or
21        (12) (Blank); or
22        (13) Carries or possesses on or about his or her
23    person while in a building occupied by a unit of
24    government, a billy club, other weapon of like character,
25    or other instrument of like character intended for use as
26    a weapon. For the purposes of this Section, "billy club"

 

 

HB2866- 7 -LRB103 30028 RLC 56449 b

1    means a short stick or club commonly carried by police
2    officers which is either telescopic or constructed of a
3    solid piece of wood or other man-made material; or
4        (14) Manufactures, possesses, sells, or offers to
5    sell, purchase, manufacture, import, transfer, or use any
6    device, part, kit, tool, accessory, or combination of
7    parts that is designed to and functions to increase the
8    rate of fire of a semiautomatic firearm above the standard
9    rate of fire for semiautomatic firearms that is not
10    equipped with that device, part, or combination of parts;
11    or
12        (15) Carries or possesses any assault weapon or .50
13    caliber rifle in violation of Section 24-1.9; or
14        (16) Manufactures, sells, delivers, imports, or
15    purchases any assault weapon or .50 caliber rifle in
16    violation of Section 24-1.9.
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), subsection 24-1(a)(13), or 24-1(a)(15)
20commits a Class A misdemeanor. A person convicted of a
21violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a
22Class 4 felony; a person convicted of a violation of
23subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or
2424-1(a)(16) commits a Class 3 felony. A person convicted of a
25violation of subsection 24-1(a)(7)(i) commits a Class 2 felony
26and shall be sentenced to a term of imprisonment of not less

 

 

HB2866- 8 -LRB103 30028 RLC 56449 b

1than 3 years and not more than 7 years, unless the weapon is
2possessed in the passenger compartment of a motor vehicle as
3defined in Section 1-146 of the Illinois Vehicle Code, or on
4the person, while the weapon is loaded, in which case it shall
5be a Class X felony. A person convicted of a second or
6subsequent violation of subsection 24-1(a)(4), 24-1(a)(8),
724-1(a)(9), 24-1(a)(10), or 24-1(a)(15) commits a Class 3
8felony. A person convicted of a violation of subsection
924-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The
10possession of each weapon or device in violation of this
11Section constitutes a single and separate violation.
12    (c) Violations in specific places.
13        (1) A person who violates subsection 24-1(a)(6) or
14    24-1(a)(7) in any school, regardless of the time of day or
15    the time of year, in residential property owned, operated
16    or managed by a public housing agency or leased by a public
17    housing agency as part of a scattered site or mixed-income
18    development, in a public park, in a courthouse, on the
19    real property comprising any school, regardless of the
20    time of day or the time of year, on residential property
21    owned, operated or managed by a public housing agency or
22    leased by a public housing agency as part of a scattered
23    site or mixed-income development, on the real property
24    comprising any public park, on the real property
25    comprising any courthouse, in any conveyance owned, leased
26    or contracted by a school to transport students to or from

 

 

HB2866- 9 -LRB103 30028 RLC 56449 b

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

 

 

HB2866- 10 -LRB103 30028 RLC 56449 b

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

 

 

HB2866- 11 -LRB103 30028 RLC 56449 b

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

 

 

HB2866- 12 -LRB103 30028 RLC 56449 b

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

 

 

HB2866- 13 -LRB103 30028 RLC 56449 b

1    entity engaged in the business of selling or manufacturing
2    switchblade knives.
3(Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21;
4102-1116, eff. 1-10-23.)