Illinois General Assembly - Full Text of HB5529
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Full Text of HB5529  102nd General Assembly

HB5529 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5529

 

Introduced 1/31/2022, by Rep. Justin Slaughter

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-1  from Ch. 38, par. 24-1
720 ILCS 5/24-1.1  from Ch. 38, par. 24-1.1
720 ILCS 5/24-1.6
720 ILCS 5/24-1.7
720 ILCS 5/24-2.1  from Ch. 38, par. 24-2.1
720 ILCS 5/24-3.6

    Amends the Criminal Code of 2012. Changes the name of the offense of unlawful use of weapons to unlawful possession of weapons. Makes similar changes to the names of the offenses of aggravated unlawful use of weapons, unlawful use or possession of weapons by felons or persons in the custody of Department of Corrections facilities, unlawful use of firearm projectiles, and unlawful use of a firearm in the shape of a wireless telephone. Makes conforming changes.


LRB102 24514 RLC 33748 b

 

 

A BILL FOR

 

HB5529LRB102 24514 RLC 33748 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, 24-1.1, 24-1.6, 24-1.7, 24-2.1, and
624-3.6 as follows:
 
7    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
8    Sec. 24-1. Unlawful possession use of weapons.
9    (a) A person commits the offense of unlawful possession
10use of weapons when he knowingly:
11        (1) Sells, manufactures, purchases, possesses or
12    carries any bludgeon, black-jack, slung-shot, sand-club,
13    sand-bag, metal knuckles or other knuckle weapon
14    regardless of its composition, throwing star, or any
15    knife, commonly referred to as a switchblade knife, which
16    has a blade that opens automatically by hand pressure
17    applied to a button, spring or other device in the handle
18    of the knife, or a ballistic knife, which is a device that
19    propels a knifelike blade as a projectile by means of a
20    coil spring, elastic material or compressed gas; or
21        (2) Carries or possesses with intent to use the same
22    unlawfully against another, a dagger, dirk, billy,
23    dangerous knife, razor, stiletto, broken bottle or other

 

 

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1    piece of glass, stun gun or taser or any other dangerous or
2    deadly weapon or instrument of like character; or
3        (2.5) Carries or possesses with intent to use the same
4    unlawfully against another, any firearm in a church,
5    synagogue, mosque, or other building, structure, or place
6    used for religious worship; or
7        (3) Carries on or about his person or in any vehicle, a
8    tear gas gun projector or bomb or any object containing
9    noxious liquid gas or substance, other than an object
10    containing a non-lethal noxious liquid gas or substance
11    designed solely for personal defense carried by a person
12    18 years of age or older; or
13        (4) Carries or possesses in any vehicle or concealed
14    on or about his person except when on his land or in his
15    own abode, legal dwelling, or fixed place of business, or
16    on the land or in the legal dwelling of another person as
17    an invitee with that person's permission, any pistol,
18    revolver, stun gun or taser or other firearm, except that
19    this subsection (a) (4) does not apply to or affect
20    transportation of weapons that meet one of the following
21    conditions:
22            (i) are broken down in a non-functioning state; or
23            (ii) are not immediately accessible; or
24            (iii) are unloaded and enclosed in a case, firearm
25        carrying box, shipping box, or other container by a
26        person who has been issued a currently valid Firearm

 

 

HB5529- 3 -LRB102 24514 RLC 33748 b

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

 

 

HB5529- 4 -LRB102 24514 RLC 33748 b

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

 

 

HB5529- 5 -LRB102 24514 RLC 33748 b

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

 

 

HB5529- 6 -LRB102 24514 RLC 33748 b

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

 

 

HB5529- 7 -LRB102 24514 RLC 33748 b

1    officers which is either telescopic or constructed of a
2    solid piece of wood or other man-made material.
3    (b) Sentence. A person convicted of a violation of
4subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
5subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
6Class A misdemeanor. A person convicted of a violation of
7subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony;
8a person convicted of a violation of subsection 24-1(a)(6) or
924-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
10convicted of a violation of subsection 24-1(a)(7)(i) commits a
11Class 2 felony and shall be sentenced to a term of imprisonment
12of not less than 3 years and not more than 7 years, unless the
13weapon is possessed in the passenger compartment of a motor
14vehicle as defined in Section 1-146 of the Illinois Vehicle
15Code, or on the person, while the weapon is loaded, in which
16case it shall be a Class X felony. A person convicted of a
17second or subsequent violation of subsection 24-1(a)(4),
1824-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
19felony. A person convicted of a violation of subsection
2024-1(a)(2.5) commits a Class 2 felony. The possession of each
21weapon in violation of this Section constitutes a single and
22separate 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

 

 

HB5529- 8 -LRB102 24514 RLC 33748 b

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

 

 

HB5529- 9 -LRB102 24514 RLC 33748 b

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

 

 

HB5529- 10 -LRB102 24514 RLC 33748 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    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.

 

 

HB5529- 11 -LRB102 24514 RLC 33748 b

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

 

 

HB5529- 12 -LRB102 24514 RLC 33748 b

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 Illinois State Police or to a person or an
12    entity engaged in the business of selling or manufacturing
13    switchblade knives.
14(Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21.)
 
15    (720 ILCS 5/24-1.1)  (from Ch. 38, par. 24-1.1)
16    Sec. 24-1.1. Unlawful use or possession of weapons by
17felons or persons in the custody of the Department of
18Corrections facilities.
19    (a) It is unlawful for a person to knowingly possess on or
20about his person or on his land or in his own abode or fixed
21place of business any weapon prohibited under Section 24-1 of
22this Act or any firearm or any firearm ammunition if the person
23has been convicted of a felony under the laws of this State or
24any other jurisdiction. This Section shall not apply if the
25person has been granted relief by the Director of the Illinois

 

 

HB5529- 13 -LRB102 24514 RLC 33748 b

1State Police under Section 10 of the Firearm Owners
2Identification Card Act.
3    (b) It is unlawful for any person confined in a penal
4institution, which is a facility of the Illinois Department of
5Corrections, to possess any weapon prohibited under Section
624-1 of this Code or any firearm or firearm ammunition,
7regardless of the intent with which he possesses it.
8    (c) It shall be an affirmative defense to a violation of
9subsection (b), that such possession was specifically
10authorized by rule, regulation, or directive of the Illinois
11Department of Corrections or order issued pursuant thereto.
12    (d) The defense of necessity is not available to a person
13who is charged with a violation of subsection (b) of this
14Section.
15    (e) Sentence. Violation of this Section by a person not
16confined in a penal institution shall be a Class 3 felony for
17which the person shall be sentenced to no less than 2 years and
18no more than 10 years. A second or subsequent violation of this
19Section shall be a Class 2 felony for which the person shall be
20sentenced to a term of imprisonment of not less than 3 years
21and not more than 14 years, except as provided for in Section
225-4.5-110 of the Unified Code of Corrections. Violation of
23this Section by a person not confined in a penal institution
24who has been convicted of a forcible felony, a felony
25violation of Article 24 of this Code or of the Firearm Owners
26Identification Card Act, stalking or aggravated stalking, or a

 

 

HB5529- 14 -LRB102 24514 RLC 33748 b

1Class 2 or greater felony under the Illinois Controlled
2Substances Act, the Cannabis Control Act, or the
3Methamphetamine Control and Community Protection Act is a
4Class 2 felony for which the person shall be sentenced to not
5less than 3 years and not more than 14 years, except as
6provided for in Section 5-4.5-110 of the Unified Code of
7Corrections. Violation of this Section by a person who is on
8parole or mandatory supervised release is a Class 2 felony for
9which the person shall be sentenced to not less than 3 years
10and not more than 14 years, except as provided for in Section
115-4.5-110 of the Unified Code of Corrections. Violation of
12this Section by a person not confined in a penal institution is
13a Class X felony when the firearm possessed is a machine gun.
14Any person who violates this Section while confined in a penal
15institution, which is a facility of the Illinois Department of
16Corrections, is guilty of a Class 1 felony, if he possesses any
17weapon prohibited under Section 24-1 of this Code regardless
18of the intent with which he possesses it, a Class X felony if
19he possesses any firearm, firearm ammunition or explosive, and
20a Class X felony for which the offender shall be sentenced to
21not less than 12 years and not more than 50 years when the
22firearm possessed is a machine gun. A violation of this
23Section while wearing or in possession of body armor as
24defined in Section 33F-1 is a Class X felony punishable by a
25term of imprisonment of not less than 10 years and not more
26than 40 years. The possession of each firearm or firearm

 

 

HB5529- 15 -LRB102 24514 RLC 33748 b

1ammunition in violation of this Section constitutes a single
2and separate violation.
3(Source: P.A. 102-538, eff. 8-20-21.)
 
4    (720 ILCS 5/24-1.6)
5    Sec. 24-1.6. Aggravated unlawful possession use of a
6weapon.
7    (a) A person commits the offense of aggravated unlawful
8possession use of a weapon when he or she knowingly:
9        (1) Carries on or about his or her person or in any
10    vehicle or concealed on or about his or her person except
11    when on his or her land or in his or her abode, legal
12    dwelling, or fixed place of business, or on the land or in
13    the legal dwelling of another person as an invitee with
14    that person's permission, any pistol, revolver, stun gun
15    or taser or other firearm; or
16        (2) Carries or possesses on or about his or her
17    person, upon any public street, alley, or other public
18    lands within the corporate limits of a city, village or
19    incorporated town, except when an invitee thereon or
20    therein, for the purpose of the display of such weapon or
21    the lawful commerce in weapons, or except when on his or
22    her own land or in his or her own abode, legal dwelling, or
23    fixed place of business, or on the land or in the legal
24    dwelling of another person as an invitee with that
25    person's permission, any pistol, revolver, stun gun or

 

 

HB5529- 16 -LRB102 24514 RLC 33748 b

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

 

 

HB5529- 17 -LRB102 24514 RLC 33748 b

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

 

 

HB5529- 18 -LRB102 24514 RLC 33748 b

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

 

 

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1    this State or another jurisdiction is a Class 2 felony for
2    which the person shall be sentenced to a term of
3    imprisonment of not less than 3 years and not more than 7
4    years, except as provided for in Section 5-4.5-110 of the
5    Unified Code of Corrections.
6        (4) Aggravated unlawful possession use of a weapon
7    while wearing or in possession of body armor as defined in
8    Section 33F-1 by a person who has not been issued a valid
9    Firearms Owner's Identification Card in accordance with
10    Section 5 of the Firearm Owners Identification Card Act is
11    a Class X felony.
12    (e) The possession of each firearm in violation of this
13Section constitutes a single and separate violation.
14(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)
 
15    (720 ILCS 5/24-1.7)
16    Sec. 24-1.7. Armed habitual criminal.
17    (a) A person commits the offense of being an armed
18habitual criminal if he or she receives, sells, possesses, or
19transfers any firearm after having been convicted a total of 2
20or more times of any combination of the following offenses:
21        (1) a forcible felony as defined in Section 2-8 of
22    this Code;
23        (2) unlawful possession use of a weapon by a felon;
24    aggravated unlawful possession use of a weapon; aggravated
25    discharge of a firearm; vehicular hijacking; aggravated

 

 

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1    vehicular hijacking; aggravated battery of a child as
2    described in Section 12-4.3 or subdivision (b)(1) of
3    Section 12-3.05; intimidation; aggravated intimidation;
4    gunrunning; home invasion; or aggravated battery with a
5    firearm as described in Section 12-4.2 or subdivision
6    (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05; or
7        (3) any violation of the Illinois Controlled
8    Substances Act or the Cannabis Control Act that is
9    punishable as a Class 3 felony or higher.
10    (b) Sentence. Being an armed habitual criminal is a Class
11X felony.
12(Source: P.A. 96-1551, eff. 7-1-11.)
 
13    (720 ILCS 5/24-2.1)  (from Ch. 38, par. 24-2.1)
14    Sec. 24-2.1. Unlawful possession use of firearm
15projectiles.
16    (a) A person commits the offense of unlawful possession
17use of firearm projectiles when he or she knowingly
18manufactures, sells, purchases, possesses, or carries any
19armor piercing bullet, dragon's breath shotgun shell, bolo
20shell, or flechette shell.
21    For the purposes of this Section:
22    "Armor piercing bullet" means any handgun bullet or
23handgun ammunition with projectiles or projectile cores
24constructed entirely (excluding the presence of traces of
25other substances) from tungsten alloys, steel, iron, brass,

 

 

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1bronze, beryllium copper or depleted uranium, or fully
2jacketed bullets larger than 22 caliber designed and intended
3for use in a handgun and whose jacket has a weight of more than
425% of the total weight of the projectile, and excluding those
5handgun projectiles whose cores are composed of soft materials
6such as lead or lead alloys, zinc or zinc alloys, frangible
7projectiles designed primarily for sporting purposes, and any
8other projectiles or projectile cores that the U. S. Secretary
9of the Treasury finds to be primarily intended to be used for
10sporting purposes or industrial purposes or that otherwise
11does not constitute "armor piercing ammunition" as that term
12is defined by federal law.
13    The definition contained herein shall not be construed to
14include shotgun shells.
15    "Dragon's breath shotgun shell" means any shotgun shell
16that contains exothermic pyrophoric mesh metal as the
17projectile and is designed for the purpose of throwing or
18spewing a flame or fireball to simulate a flame-thrower.
19    "Bolo shell" means any shell that can be fired in a firearm
20and expels as projectiles 2 or more metal balls connected by
21solid metal wire.
22    "Flechette shell" means any shell that can be fired in a
23firearm and expels 2 or more pieces of fin-stabilized solid
24metal wire or 2 or more solid dart-type projectiles.
25    (b) Exemptions. This Section does not apply to or affect
26any of the following:

 

 

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1        (1) Peace officers.
2        (2) Wardens, superintendents and keepers of prisons,
3    penitentiaries, jails and other institutions for the
4    detention of persons accused or convicted of an offense.
5        (3) Members of the Armed Services or Reserve Forces of
6    the United States or the Illinois National Guard while in
7    the performance of their official duties.
8        (4) Federal officials required to carry firearms,
9    while engaged in the performance of their official duties.
10        (5) United States Marshals, while engaged in the
11    performance of their official duties.
12        (6) Persons licensed under federal law to manufacture,
13    import, or sell firearms and firearm ammunition, and
14    actually engaged in any such business, but only with
15    respect to activities which are within the lawful scope of
16    such business, such as the manufacture, transportation, or
17    testing of such bullets or ammunition.
18        This exemption does not authorize the general private
19    possession of any armor piercing bullet, dragon's breath
20    shotgun shell, bolo shell, or flechette shell, but only
21    such possession and activities which are within the lawful
22    scope of a licensed business described in this paragraph.
23        (7) Laboratories having a department of forensic
24    ballistics or specializing in the development of
25    ammunition or explosive ordnance.
26        (8) Manufacture, transportation, or sale of armor

 

 

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1    piercing bullets, dragon's breath shotgun shells, bolo
2    shells, or flechette shells to persons specifically
3    authorized under paragraphs (1) through (7) of this
4    subsection to possess such bullets or shells.
5    (c) An information or indictment based upon a violation of
6this Section need not negate any exemption herein contained.
7The defendant shall have the burden of proving such an
8exemption.
9    (d) Sentence. A person convicted of unlawful possession
10use of armor piercing bullets shall be guilty of a Class 3
11felony.
12(Source: P.A. 92-423, eff. 1-1-02.)
 
13    (720 ILCS 5/24-3.6)
14    Sec. 24-3.6. Unlawful possession use of a firearm in the
15shape of a wireless telephone.
16    (a) For the purposes of this Section, "wireless telephone"
17means a device that is capable of transmitting or receiving
18telephonic communications without a wire connecting the device
19to the telephone network.
20    (b) A person commits the offense of unlawful possession
21use of a firearm in the shape of a wireless telephone when he
22or she manufactures, sells, transfers, purchases, possesses,
23or carries a firearm shaped or designed to appear as a wireless
24telephone.
25    (c) This Section does not apply to or affect the sale to or

 

 

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1possession of a firearm in the shape of a wireless telephone by
2a peace officer.
3    (d) Sentence. Unlawful possession use of a firearm in the
4shape of a wireless telephone is a Class 4 felony.
5(Source: P.A. 92-155, eff. 1-1-02.)