State of Illinois
91st General Assembly
Legislation

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91_HB1273

 
                                               LRB9104876RCks

 1        AN  ACT  to  amend  the Criminal Code of 1961 by changing
 2    Section 24-1.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.   The  Criminal  Code  of  1961 is amended by
 6    changing Section 24-1 as follows:

 7        (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
 8        Sec. 24-1. Unlawful Use of Weapons.
 9        (a)  A person commits the  offense  of  unlawful  use  of
10    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,  throwing star, or any knife,
14        commonly referred to as a switchblade knife, which has  a
15        blade  that  opens automatically by hand pressure applied
16        to a button, spring or other device in the handle of  the
17        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
21        same 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
24        or deadly weapon or instrument of like character; or
25             (3)  Carries  on  or  about  his  person  or  in any
26        vehicle, a tear gas gun projector or bomb or  any  object
27        containing noxious liquid gas or substance, other than an
28        object  containing  a  non-lethal  noxious  liquid gas or
29        substance designed solely for personal defense carried by
30        a person 18 years of age or older; or
31             (4)  Carries  or  possesses  in   any   vehicle   or
 
                            -2-                LRB9104876RCks
 1        concealed  on or about his person except when on his land
 2        or in his own  abode  or  fixed  place  of  business  any
 3        pistol, revolver, stun gun or taser or other firearm; or
 4             (5)  Sets a spring gun; or
 5             (6)  Possesses  any device or attachment of any kind
 6        designed, used or  intended  for  use  in  silencing  the
 7        report of any firearm; or
 8             (7)  Sells,  manufactures,  purchases,  possesses or
 9        carries:
10                  (i)  a machine gun, which shall be defined  for
11             the purposes of this subsection as any weapon, which
12             shoots,  is  designed  to  shoot,  or can be readily
13             restored to shoot, automatically more than one  shot
14             without  manually  reloading by a single function of
15             the trigger, including the frame or receiver of  any
16             such  weapon,  or  sells,  manufactures,  purchases,
17             possesses,  or  carries  any  combination  of  parts
18             designed  or  intended  for  use  in  converting any
19             weapon into a machine gun,  or  any  combination  or
20             parts  from  which a machine gun can be assembled if
21             such parts  are  in  the  possession  or  under  the
22             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
27             alteration, modification, or otherwise,  if  such  a
28             weapon  as  modified  has  an overall length of less
29             than 26 inches; or
30                  (iii)  any bomb, bomb-shell, grenade, bottle or
31             other container containing an explosive substance of
32             over one-quarter ounce for like purposes,  such  as,
33             but  not  limited to, black powder bombs and Molotov
34             cocktails or artillery projectiles; or
 
                            -3-                LRB9104876RCks
 1             (8)  Carries or possesses any firearm, stun  gun  or
 2        taser  or  other  deadly  weapon  in  any  place which is
 3        licensed to sell intoxicating beverages, or at any public
 4        gathering held  pursuant  to  a  license  issued  by  any
 5        governmental  body  or  any  public gathering at which an
 6        admission is charged, excluding a place where a  showing,
 7        demonstration  or  lecture  involving  the  exhibition of
 8        unloaded firearms is conducted; or
 9             (9)  Carries or possesses in  a  vehicle  or  on  or
10        about  his person any pistol, revolver, stun gun or taser
11        or firearm or ballistic knife, when he is  hooded,  robed
12        or masked in such manner as to conceal his identity; or
13             (10)  Carries  or  possesses on or about his person,
14        upon any public street,  alley,  or  other  public  lands
15        within  the  corporate  limits  of  a  city,  village  or
16        incorporated  town,  except  when  an  invitee thereon or
17        therein, for the purpose of the display of such weapon or
18        the lawful commerce in weapons, or  except  when  on  his
19        land  or in his own abode or fixed place of business, any
20        pistol, revolver, stun gun or taser or other firearm.
21             A "stun gun or taser", as used in this paragraph (a)
22        means (i) any  device  which  is  powered  by  electrical
23        charging  units,  such as, batteries, and which fires one
24        or several barbs attached to a length of wire and  which,
25        upon  hitting  a human, can send out a current capable of
26        disrupting the person's nervous system in such  a  manner
27        as  to render him incapable of normal functioning or (ii)
28        any device which is powered by electrical charging units,
29        such as batteries, and which, upon contact with  a  human
30        or clothing worn by a human, can send out current capable
31        of  disrupting  the  person's  nervous  system  in such a
32        manner as to render him incapable of normal  functioning;
33        or
34             (11)  Sells, manufactures or purchases any explosive
 
                            -4-                LRB9104876RCks
 1        bullet.   For  purposes  of this paragraph (a) "explosive
 2        bullet" means the projectile  portion  of  an  ammunition
 3        cartridge  which  contains or carries an explosive charge
 4        which will explode upon contact with the flesh of a human
 5        or an animal.  "Cartridge" means  a  tubular  metal  case
 6        having  a  projectile  affixed at the front thereof and a
 7        cap  or  primer  at  the  rear  end  thereof,  with   the
 8        propellant  contained in such tube between the projectile
 9        and the cap; or
10             (12)  (Blank).
11        (b)  Sentence. A  person  convicted  of  a  violation  of
12    subsection  24-1(a)(1)  through  (3),  subsection 24-1(a)(5),
13    subsection 24-1(a)(8), or subsection  24-1(a)(11)  commits  a
14    Class  A  misdemeanor.   A person convicted of a violation of
15    subsection 24-1(a)(4), 24-1(a)(9), or 24-1(a)(10)  commits  a
16    Class  4  felony;  a  person  convicted  of  a  violation  of
17    subsection  24-1(a)(6)  or  24-1(a)(7)(ii) or (iii) commits a
18    Class 3  felony.   A  person  convicted  of  a  violation  of
19    subsection 24-1(a)(7)(i) commits a Class 2 felony, unless the
20    weapon  is  possessed in the passenger compartment of a motor
21    vehicle as defined in Section 1-146 of the  Illinois  Vehicle
22    Code,  or on the person, while the weapon is loaded, in which
23    case it shall be a Class X felony.   A person convicted of  a
24    second  or  subsequent  violation  of  subsection 24-1(a)(4),
25    24-1(a)(9), or 24-1(a)(10) commits a Class 3 felony.
26        (c)  Violations in specific places.
27             (1)  A person who violates subsection 24-1(a)(6)  or
28        24-1(a)(7)  in  any school, regardless of the time of day
29        or the time  of  year,  in  residential  property  owned,
30        operated  and  managed  by  a public housing agency, in a
31        public park,  in  a  courthouse,  on  the  real  property
32        comprising  any  school, regardless of the time of day or
33        the  time  of  year,  on  residential   property   owned,
34        operated  and  managed by a public housing agency, on the
 
                            -5-                LRB9104876RCks
 1        real property comprising any public  park,  on  the  real
 2        property  comprising  any  courthouse,  in any conveyance
 3        owned, leased or contracted  by  a  school  to  transport
 4        students  to or from school or a school related activity,
 5        or on any public  way  within  1,000  feet  of  the  real
 6        property   comprising   a   any   school,   public  park,
 7        courthouse, or residential property owned, operated,  and
 8        managed  by  a  public  housing  agency commits a Class 2
 9        felony.
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, and managed by a public housing
14        agency,  in  a  public park, in a courthouse, on the real
15        property comprising any school, regardless of the time of
16        day or the time of year, on residential  property  owned,
17        operated,  and managed by a public housing agency, on the
18        real property comprising any public  park,  on  the  real
19        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        or on any public  way  within  1,000  feet  of  the  real
23        property  comprising any school, public park, courthouse,
24        or residential property owned, operated, and managed by a
25        public housing agency commits a Class 3 felony.
26             (2)  A person who  violates  subsection  24-1(a)(1),
27        24-1(a)(2),  or  24-1(a)(3)  in any school, regardless of
28        the time of day or  the  time  of  year,  in  residential
29        property  owned, operated and managed by a public housing
30        agency, in a public park, in a courthouse,  on  the  real
31        property comprising any school, regardless of the time of
32        day  or  the time of year, on residential property owned,
33        operated and managed by a public housing agency,  on  the
34        real  property  comprising  any  public park, on the real
 
                            -6-                LRB9104876RCks
 1        property comprising any  courthouse,  in  any  conveyance
 2        owned,  leased  or  contracted  by  a school to transport
 3        students to or from school or a school related  activity,
 4        or  on  any  public  way  within  1,000  feet of the real
 5        property comprising any school, public park,  courthouse,
 6        or residential property owned, operated, and managed by a
 7        public   housing   agency   commits  a  Class  4  felony.
 8        "Courthouse" means any  building  that  is  used  by  the
 9        Circuit,  Appellate,  or  Supreme Court of this State for
10        the conduct of official business.
11             (3)  Paragraphs  (1),  (1.5),  and   (2)   of   this
12        subsection   (c)  shall  not  apply  to  law  enforcement
13        officers or security officers of such school, college, or
14        university or to students carrying or possessing firearms
15        for use in training  courses,  parades,  hunting,  target
16        shooting  on school ranges, or otherwise with the consent
17        of school authorities and which firearms are  transported
18        unloaded   enclosed   in   a   suitable   case,  box,  or
19        transportation package.
20             (4)  For  the  purposes  of  this  subsection   (c),
21        "school"  means  any  public  or  private  elementary  or
22        secondary   school,   community   college,   college,  or
23        university.
24        (d)  The presence in an automobile other  than  a  public
25    omnibus of any weapon, instrument or substance referred to in
26    subsection  (a)(7)  is prima facie evidence that it is in the
27    possession of, and is being carried by, all persons occupying
28    such automobile  at  the  time  such  weapon,  instrument  or
29    substance is found, except under the following circumstances:
30    (i)  if  such  weapon, instrument or instrumentality is found
31    upon the person of one of the occupants therein; or  (ii)  if
32    such   weapon,   instrument  or  substance  is  found  in  an
33    automobile operated for hire by a duly licensed driver in the
34    due, lawful and  proper  pursuit  of  his  trade,  then  such
 
                            -7-                LRB9104876RCks
 1    presumption shall not apply to the driver.
 2        (e)  Exemptions.   Crossbows, Common or Compound bows and
 3    Underwater Spearguns are  exempted  from  the  definition  of
 4    ballistic knife as defined in paragraph (1) of subsection (a)
 5    of this Section.
 6    (Source: P.A. 90-686, eff. 1-1-99.)

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