103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3010

 

Introduced 2/16/2023, 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.


LRB103 27261 RLC 53632 b

 

 

A BILL FOR

 

HB3010LRB103 27261 RLC 53632 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 not
19    apply to or affect transportation of weapons that meet one
20    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
11    (a)(10) does not apply to or affect transportation of
12    weapons 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, 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"

 

 

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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), subsection 24-1(a)(2), subsection
1924-1(a)(3), subsection 24-1(a)(5), through (5), subsection
2024-1(a)(10), subsection 24-1(a)(11), subsection 24-1(a)(13),
21or 24-1(a)(15) commits a Class A misdemeanor. A person
22convicted of a violation of subsection 24-1(a)(4),
2324-1(a)(10), 24-1(a)(8) or 24-1(a)(9) commits a Class 4
24felony; a person convicted of a violation of subsection
2524-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or 24-1(a)(16)
26commits a Class 3 felony. A person convicted of a violation of

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    Owner's Identification Card previously issued in his or
2    her name by the Illinois State Police or to a person or an
3    entity engaged in the business of selling or manufacturing
4    switchblade knives.
5(Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21;
6102-1116, eff. 1-10-23.)
 
7    (720 ILCS 5/24-1.6)
8    Sec. 24-1.6. Aggravated unlawful use of a weapon.
9    (a) A person commits the offense of aggravated unlawful
10use of a weapon when he or she knowingly:
11        (1) Carries on or about his or her person or in any
12    vehicle or concealed on or about his or her person except
13    when on his or her land or in his or her abode, legal
14    dwelling, or fixed place of business, or on the land or in
15    the legal dwelling of another person as an invitee with
16    that person's permission, any pistol, revolver, stun gun
17    or taser or other firearm; or
18        (2) Carries or possesses on or about his or her
19    person, upon any public street, alley, or other public
20    lands within the corporate limits of a city, village or
21    incorporated town, except when an invitee thereon or
22    therein, for the purpose of the display of such weapon or
23    the lawful commerce in weapons, or except when on his or
24    her own land or in his or her own abode, legal dwelling, or
25    fixed place of business, or on the land or in the legal

 

 

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1    dwelling of another person as an invitee with that
2    person's permission, any pistol, revolver, stun gun or
3    taser or other firearm; and
4        (3) One of the following factors is present:
5            (A) the firearm, other than a pistol, revolver, or
6        handgun, possessed was uncased, loaded, and
7        immediately accessible at the time of the offense; or
8            (A-5) the pistol, revolver, or handgun possessed
9        was uncased, loaded, and immediately accessible at the
10        time of the offense and the person possessing the
11        pistol, revolver, or handgun has not been issued a
12        currently valid license under the Firearm Concealed
13        Carry Act; or
14            (B) the firearm, other than a pistol, revolver, or
15        handgun, possessed was uncased, unloaded, and the
16        ammunition for the weapon was immediately accessible
17        at the time of the offense; or
18            (B-5) the pistol, revolver, or handgun possessed
19        was uncased, unloaded, and the ammunition for the
20        weapon was immediately accessible at the time of the
21        offense and the person possessing the pistol,
22        revolver, or handgun has not been issued a currently
23        valid license under the Firearm Concealed Carry Act;
24        or
25            (C) the person possessing the firearm has not been
26        issued a currently valid Firearm Owner's

 

 

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1        Identification Card; or
2            (D) the person possessing the weapon was
3        previously adjudicated a delinquent minor under the
4        Juvenile Court Act of 1987 for an act that if committed
5        by an adult would be a felony; or
6            (E) the person possessing the weapon was engaged
7        in a misdemeanor violation of the Cannabis Control
8        Act, in a misdemeanor violation of the Illinois
9        Controlled Substances Act, or in a misdemeanor
10        violation of the Methamphetamine Control and Community
11        Protection Act; or
12            (F) (blank); or
13            (G) the person possessing the weapon had an order
14        of protection issued against him or her within the
15        previous 2 years; or
16            (H) the person possessing the weapon was engaged
17        in the commission or attempted commission of a
18        misdemeanor involving the use or threat of violence
19        against the person or property of another; or
20            (I) the person possessing the weapon was under 21
21        years of age and in possession of a handgun, unless the
22        person under 21 is engaged in lawful activities under
23        the Wildlife Code or described in subsection
24        24-2(b)(1), (b)(3), or 24-2(f).
25    (a-5) "Handgun" as used in this Section has the meaning
26given to it in Section 5 of the Firearm Concealed Carry Act.

 

 

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1    (b) "Stun gun or taser" as used in this Section has the
2same definition given to it in Section 24-1 of this Code.
3    (c) This Section does not apply to or affect the
4transportation or possession of weapons that:
5        (i) are broken down in a non-functioning state; or
6        (ii) are not immediately accessible; or
7        (iii) are unloaded and enclosed in a case, firearm
8    carrying box, shipping box, or other container by a person
9    who has been issued a currently valid Firearm Owner's
10    Identification Card.
11    (d) Sentence.
12        (1) Aggravated unlawful use of a weapon is a Class 3 4
13    felony; a second or subsequent offense is a Class 2 felony
14    for which the person shall be sentenced to a term of
15    imprisonment of not less than 3 years and not more than 7
16    years, except as provided for in Section 5-4.5-110 of the
17    Unified Code of Corrections.
18        (2) Except as otherwise provided in paragraphs (3) and
19    (4) of this subsection (d), a first offense of aggravated
20    unlawful use of a weapon committed with a firearm by a
21    person 18 years of age or older where the factors listed in
22    both items (A) and (C) or both items (A-5) and (C) of
23    paragraph (3) of subsection (a) are present is a Class 3 4
24    felony, for which the person shall be sentenced to a term
25    of imprisonment of not less than 2 one year and not more
26    than 5 3 years.

 

 

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1        (3) Aggravated unlawful use of a weapon by a person
2    who has been previously convicted of a felony in this
3    State or another jurisdiction is a Class 2 felony for
4    which the person shall be sentenced to a term of
5    imprisonment of not less than 3 years and not more than 7
6    years, except as provided for in Section 5-4.5-110 of the
7    Unified Code of Corrections.
8        (4) Aggravated unlawful use of a weapon while wearing
9    or in possession of body armor as defined in Section 33F-1
10    by a person who has not been issued a valid Firearms
11    Owner's Identification Card in accordance with Section 5
12    of the Firearm Owners Identification Card Act is a Class X
13    felony.
14    (e) The possession of each firearm in violation of this
15Section constitutes a single and separate violation.
16(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)
 
17    (720 ILCS 5/24-3.1)  (from Ch. 38, par. 24-3.1)
18    Sec. 24-3.1. Unlawful possession of firearms and firearm
19ammunition.
20    (a) A person commits the offense of unlawful possession of
21firearms or firearm ammunition when:
22        (1) He or she is under 18 years of age and has in his
23    or her possession any firearm of a size which may be
24    concealed upon the person; or
25        (2) He or she is under 21 years of age, has been

 

 

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1    convicted of a misdemeanor other than a traffic offense or
2    adjudged delinquent and has any firearms or firearm
3    ammunition in his or her possession; or
4        (3) He or she is a narcotic addict and has any firearms
5    or firearm ammunition in his or her possession; or
6        (4) He or she has been a patient in a mental
7    institution within the past 5 years and has any firearms
8    or firearm ammunition in his or her possession. For
9    purposes of this paragraph (4):
10            "Mental institution" means any hospital,
11        institution, clinic, evaluation facility, mental
12        health center, or part thereof, which is used
13        primarily for the care or treatment of persons with
14        mental illness.
15            "Patient in a mental institution" means the person
16        was admitted, either voluntarily or involuntarily, to
17        a mental institution for mental health treatment,
18        unless the treatment was voluntary and solely for an
19        alcohol abuse disorder and no other secondary
20        substance abuse disorder or mental illness; or
21        (5) He or she is a person with an intellectual
22    disability and has any firearms or firearm ammunition in
23    his or her possession; or
24        (6) He or she has in his or her possession any
25    explosive bullet.
26    For purposes of this paragraph "explosive bullet" means

 

 

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1the projectile portion of an ammunition cartridge which
2contains or carries an explosive charge which will explode
3upon contact with the flesh of a human or an animal.
4"Cartridge" means a tubular metal case having a projectile
5affixed at the front thereof and a cap or primer at the rear
6end thereof, with the propellant contained in such tube
7between the projectile and the cap.
8    (b) Sentence.
9    Unlawful possession of firearms, other than handguns, and
10firearm ammunition is a Class A misdemeanor. Unlawful
11possession of firearms handguns is a Class 4 felony. The
12possession of each firearm or firearm ammunition in violation
13of this Section constitutes a single and separate violation.
14    (c) Nothing in paragraph (1) of subsection (a) of this
15Section prohibits a person under 18 years of age from
16participating in any lawful recreational activity with a
17firearm such as, but not limited to, practice shooting at
18targets upon established public or private target ranges or
19hunting, trapping, or fishing in accordance with the Wildlife
20Code or the Fish and Aquatic Life Code.
21(Source: P.A. 99-143, eff. 7-27-15.)