100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5728

 

Introduced , by Rep. Martin J. Moylan

 

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

    Amends the Criminal Code of 2012. Prohibits the knowing sale, manufacture, purchase, possession, or carrying of a rate of fire enhancement. Defines "rate of fire enhancement". Provides that a violation is a Class 2 felony. Effective immediately.


LRB100 20615 SLF 36035 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5728LRB100 20615 SLF 36035 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 changing
5Section 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 offense of unlawful use of weapons
9when 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 knife,
14    commonly referred to as a switchblade knife, which has a
15    blade that opens automatically by hand pressure applied to
16    a button, spring or other device in the handle of the
17    knife, or a ballistic knife, which is a device that propels
18    a knifelike blade as a projectile by means of a coil
19    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        (3) Carries on or about his person or in any vehicle, a
3    tear gas gun projector or bomb or any object containing
4    noxious liquid gas or substance, other than an object
5    containing a non-lethal noxious liquid gas or substance
6    designed solely for personal defense carried by a person 18
7    years of age or older; or
8        (4) Carries or possesses in any vehicle or concealed on
9    or about his person except when on his land or in his own
10    abode, legal dwelling, or fixed place of business, or on
11    the land or in the legal dwelling of another person as an
12    invitee with that person's permission, any pistol,
13    revolver, stun gun or taser or other firearm, except that
14    this subsection (a) (4) does not apply to or affect
15    transportation of weapons that meet one of the following
16    conditions:
17            (i) are broken down in a non-functioning state; or
18            (ii) are not immediately accessible; or
19            (iii) are unloaded and enclosed in a case, firearm
20        carrying box, shipping box, or other container by a
21        person who has been issued a currently valid Firearm
22        Owner's Identification Card; or
23            (iv) are carried or possessed in accordance with
24        the Firearm Concealed Carry Act by a person who has
25        been issued a currently valid license under the Firearm
26        Concealed Carry Act; or

 

 

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1        (5) Sets a spring gun; or
2        (6) Possesses any device or attachment of any kind
3    designed, used or intended for use in silencing the report
4    of any firearm; or
5        (7) Sells, manufactures, purchases, possesses or
6    carries:
7            (i) a machine gun, which shall be defined for the
8        purposes of this subsection as any weapon, which
9        shoots, is designed to shoot, or can be readily
10        restored to shoot, automatically more than one shot
11        without manually reloading by a single function of the
12        trigger, including the frame or receiver of any such
13        weapon, or sells, manufactures, purchases, possesses,
14        or carries any combination of parts designed or
15        intended for use in converting any weapon into a
16        machine gun, or any combination or parts from which a
17        machine gun can be assembled if such parts are in the
18        possession or under the control of a person;
19            (i-5) a rate of fire enhancement. In this
20        subparagraph (i-5), "rate of fire enhancement" means a
21        device, component, part, combination of parts,
22        attachment, or accessory that uses energy from the
23        recoil of the firearm to generate a reciprocating
24        action that:
25                (A) facilitates repeated operation of the
26            trigger, including, but not limited to, a bump

 

 

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1            stock;
2                (B) repeatedly operates the trigger through
3            the use of a crank, lever, or other part,
4            including, but not limited to, a trigger crank,
5            except for a firearm that is otherwise legally
6            possessed and is designed and manufactured to fire
7            through the use of the crank, lever, or other part;
8                (C) causes a semiautomatic firearm to fire
9            more than one round per operation of the trigger,
10            if the trigger pull and reset constitute a single
11            operation of the trigger, including, but not
12            limited to, a binary trigger system; or
13                (D) is constructed, manufactured, designed, or
14            intended to mechanically increase the rate of fire
15            of a firearm in any way;
16            (ii) any rifle having one or more barrels less than
17        16 inches in length or a shotgun having one or more
18        barrels less than 18 inches in length or any weapon
19        made from a rifle or shotgun, whether by alteration,
20        modification, or otherwise, if such a weapon as
21        modified has an overall length of less than 26 inches;
22        or
23            (iii) any bomb, bomb-shell, grenade, bottle or
24        other container containing an explosive substance of
25        over one-quarter ounce for like purposes, such as, but
26        not limited to, black powder bombs and Molotov

 

 

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

 

 

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

 

 

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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 having
6    a projectile affixed at the front thereof and a cap or
7    primer at the rear end thereof, with the propellant
8    contained in such tube between the projectile and the cap;
9    or
10        (12) (Blank); or
11        (13) Carries or possesses on or about his or her person
12    while in a building occupied by a unit of government, a
13    billy club, other weapon of like character, or other
14    instrument of like character intended for use as a weapon.
15    For the purposes of this Section, "billy club" means a
16    short stick or club commonly carried by police officers
17    which is either telescopic or constructed of a solid piece
18    of wood or other man-made material.
19    (b) Sentence. A person convicted of a violation of
20subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
21subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
22Class A misdemeanor. A person convicted of a violation of
23subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
24person convicted of a violation of subsection 24-1(a)(6) or
2524-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
26convicted of a violation of subsection 24-1(a)(7)(i) or

 

 

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124-1(a)(7)(i-5) commits a Class 2 felony and shall be sentenced
2to a term of imprisonment of not less than 3 years and not more
3than 7 years, unless the weapon is possessed in the passenger
4compartment of a motor vehicle as defined in Section 1-146 of
5the Illinois Vehicle Code, or on the person, while the weapon
6is loaded, in which case it shall be a Class X felony. A person
7convicted of a second or subsequent violation of subsection
824-1(a)(4), 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a
9Class 3 felony. The possession of each weapon in violation of
10this Section constitutes a single and separate violation.
11    (c) Violations in specific places.
12        (1) A person who violates subsection 24-1(a)(6) or
13    24-1(a)(7) in any school, regardless of the time of day or
14    the time of year, in residential property owned, operated
15    or managed by a public housing agency or leased by a public
16    housing agency as part of a scattered site or mixed-income
17    development, in a public park, in a courthouse, on the real
18    property comprising any school, regardless of the time of
19    day or the time of year, on residential property owned,
20    operated or managed by a public housing agency or leased by
21    a public housing agency as part of a scattered site or
22    mixed-income development, on the real property comprising
23    any public park, on the real property comprising any
24    courthouse, in any conveyance owned, leased or contracted
25    by a school to transport students to or from school or a
26    school related activity, in any conveyance owned, leased,

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    switchblade knives.
2(Source: P.A. 99-29, eff. 7-10-15; 100-82, eff. 8-11-17.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.