| ||||||||||||||||||||||||
| ||||||||||||||||||||||||
| ||||||||||||||||||||||||
| ||||||||||||||||||||||||
| ||||||||||||||||||||||||
1 | AN ACT concerning criminal law.
| |||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||||
4 | Section 5. The Criminal Code of 2012 is amended by changing | |||||||||||||||||||||||
5 | Sections 24-1, 24-1.6, and 24-2 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 | |||||||||||||||||||||||
9 | 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 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 |
| |||||||
| |||||||
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 : | ||||||
16 | (A) weapons , other than rifles, shotguns, or other | ||||||
17 | long guns that are transported in a vehicle, that meet | ||||||
18 | one of the following conditions:
| ||||||
19 | (i) are broken down in a non-functioning state; or
| ||||||
20 | (ii) are not immediately accessible; or
| ||||||
21 | (iii) are unloaded and enclosed in a case, firearm | ||||||
22 | carrying box,
shipping box, or other container by a | ||||||
23 | person who has been issued a currently
valid Firearm | ||||||
24 | Owner's
Identification Card; or | ||||||
25 | (iv) are carried or possessed in accordance with | ||||||
26 | the Firearm Concealed Carry Act by a person who has |
| |||||||
| |||||||
1 | been issued a currently valid license under the Firearm | ||||||
2 | Concealed Carry Act; or
| ||||||
3 | (B) rifles, shotguns, or other long guns in a | ||||||
4 | vehicle by a person who has been issued a currently
| ||||||
5 | valid Firearm Owner's
Identification Card if the | ||||||
6 | firearms are unloaded; or | ||||||
7 | (5) Sets a spring gun; or
| ||||||
8 | (6) Possesses any device or attachment of any kind | ||||||
9 | designed, used or
intended for use in silencing the report | ||||||
10 | of any firearm; or
| ||||||
11 | (7) Sells, manufactures, purchases, possesses or | ||||||
12 | carries:
| ||||||
13 | (i) a machine gun, which shall be defined for the | ||||||
14 | purposes of this
subsection as any weapon,
which | ||||||
15 | shoots, is designed to shoot, or can be readily | ||||||
16 | restored to shoot,
automatically more than one shot | ||||||
17 | without manually reloading by a single
function of the | ||||||
18 | trigger, including the frame or receiver
of any such | ||||||
19 | weapon, or sells, manufactures, purchases, possesses, | ||||||
20 | or
carries any combination of parts designed or | ||||||
21 | intended for
use in converting any weapon into a | ||||||
22 | machine gun, or any combination or
parts from which a | ||||||
23 | machine gun can be assembled if such parts are in the
| ||||||
24 | possession or under the control of a person;
| ||||||
25 | (ii) any rifle having one or
more barrels less than | ||||||
26 | 16 inches in length or a shotgun having one or more
|
| |||||||
| |||||||
1 | barrels less than 18 inches in length or any weapon | ||||||
2 | made from a rifle or
shotgun, whether by alteration, | ||||||
3 | modification, or otherwise, if such a weapon
as | ||||||
4 | modified has an overall length of less than 26 inches; | ||||||
5 | or
| ||||||
6 | (iii) any
bomb, bomb-shell, grenade, bottle or | ||||||
7 | other container containing an
explosive substance of | ||||||
8 | over one-quarter ounce for like purposes, such
as, but | ||||||
9 | not limited to, black powder bombs and Molotov | ||||||
10 | cocktails or
artillery projectiles; or
| ||||||
11 | (8) Carries or possesses any firearm, stun gun or taser | ||||||
12 | or other
deadly weapon in any place which is licensed to | ||||||
13 | sell intoxicating
beverages, or at any public gathering | ||||||
14 | held pursuant to a license issued
by any governmental body | ||||||
15 | or any public gathering at which an admission
is charged, | ||||||
16 | excluding a place where a showing, demonstration or lecture
| ||||||
17 | involving the exhibition of unloaded firearms is | ||||||
18 | conducted.
| ||||||
19 | This subsection (a)(8) does not apply to any auction or | ||||||
20 | raffle of a firearm
held pursuant to
a license or permit | ||||||
21 | issued by a governmental body, nor does it apply to persons
| ||||||
22 | engaged
in firearm safety training courses; or
| ||||||
23 | (9) Carries or possesses in a vehicle or on or about | ||||||
24 | his person any
pistol, revolver, stun gun or taser or | ||||||
25 | firearm or ballistic knife, when
he is hooded, robed or | ||||||
26 | masked in such manner as to conceal his identity; or
|
| |||||||
| |||||||
1 | (10) Carries or possesses on or about his person, upon | ||||||
2 | any public street,
alley, or other public lands within the | ||||||
3 | corporate limits of a city, village
or incorporated town, | ||||||
4 | except when an invitee thereon or therein, for the
purpose | ||||||
5 | of the display of such weapon or the lawful commerce in | ||||||
6 | weapons, or
except when on his land or in his own abode, | ||||||
7 | legal dwelling, or fixed place of business, or on the land | ||||||
8 | or in the legal dwelling of another person as an invitee | ||||||
9 | with that person's permission, any
pistol, revolver, stun | ||||||
10 | gun or taser or other firearm, except that this
subsection | ||||||
11 | (a) (10) does not apply to or affect transportation of | ||||||
12 | weapons as provided in subsection 24-1(a)(4)(B) or that
| ||||||
13 | meet 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 Firearm | ||||||
23 | 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 |
| |||||||
| |||||||
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 having | ||||||
16 | a projectile affixed at the
front thereof and a cap or | ||||||
17 | 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 person | ||||||
22 | while in a building occupied by a unit of government, a | ||||||
23 | billy club, other weapon of like character, or other | ||||||
24 | instrument of like character intended for use as a weapon. | ||||||
25 | For the purposes of this Section, "billy club" means a | ||||||
26 | short stick or club commonly carried by police officers |
| |||||||
| |||||||
1 | which is either telescopic or constructed of a solid piece | ||||||
2 | of wood or other man-made material. | ||||||
3 | (b) Sentence. A person convicted of a violation of | ||||||
4 | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| ||||||
5 | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | ||||||
6 | Class A
misdemeanor.
A person convicted of a violation of | ||||||
7 | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a | ||||||
8 | person
convicted of a violation of subsection 24-1(a)(6) or | ||||||
9 | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | ||||||
10 | convicted of a violation of subsection
24-1(a)(7)(i) commits a | ||||||
11 | Class 2 felony and shall be sentenced to a term of imprisonment | ||||||
12 | of not less than 3 years and not more than 7 years, unless the | ||||||
13 | weapon is possessed in the
passenger compartment of a motor | ||||||
14 | vehicle as defined in Section 1-146 of the
Illinois Vehicle | ||||||
15 | Code, or on the person, while the weapon is loaded, in which
| ||||||
16 | case it shall be a Class X felony. A person convicted of a
| ||||||
17 | second or subsequent violation of subsection 24-1(a)(4), | ||||||
18 | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 | ||||||
19 | felony. The possession of each weapon in violation of this | ||||||
20 | Section constitutes a single and separate violation.
| ||||||
21 | (c) Violations in specific places.
| ||||||
22 | (1) A person who violates subsection 24-1(a)(6) or | ||||||
23 | 24-1(a)(7) in any
school, regardless of the time of day or | ||||||
24 | the time of year, in residential
property owned, operated | ||||||
25 | or managed by a public housing agency or
leased by
a public | ||||||
26 | housing agency as part of a scattered site or mixed-income
|
| |||||||
| |||||||
1 | development, in a
public park, in a courthouse, on the real | ||||||
2 | property comprising any school,
regardless of the
time of | ||||||
3 | day or the time of year, on residential property owned, | ||||||
4 | operated
or
managed by a public housing agency
or leased by | ||||||
5 | a public housing agency as part of a scattered site or
| ||||||
6 | mixed-income development,
on the real property comprising | ||||||
7 | any
public park, on the real property comprising any | ||||||
8 | courthouse, in any conveyance
owned, leased or contracted | ||||||
9 | by a school to
transport students to or from school or a | ||||||
10 | school related activity, in any conveyance
owned, leased, | ||||||
11 | or contracted by a public transportation agency, or on any
| ||||||
12 | public way within 1,000 feet of the real property | ||||||
13 | comprising any school,
public park, courthouse, public | ||||||
14 | transportation facility, or residential property owned, | ||||||
15 | operated, or managed
by a public housing agency
or leased | ||||||
16 | by a public housing agency as part of a scattered site or
| ||||||
17 | mixed-income development
commits a Class 2 felony and shall | ||||||
18 | be sentenced to a term of imprisonment of not less than 3 | ||||||
19 | years and not more than 7 years.
| ||||||
20 | (1.5) A person who violates subsection 24-1(a)(4), | ||||||
21 | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | ||||||
22 | time of day or the time of year,
in 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,
in
a public
park, in a | ||||||
26 | courthouse, on the real property comprising any school, |
| |||||||
| |||||||
1 | regardless
of the time of day or the time of year, on | ||||||
2 | residential property owned,
operated, or managed by a | ||||||
3 | public housing agency
or leased by a public housing agency | ||||||
4 | as part of a scattered site or
mixed-income development,
on | ||||||
5 | the real property
comprising any public park, on the real | ||||||
6 | property comprising any courthouse, in
any conveyance | ||||||
7 | owned, leased, or contracted by a school to transport | ||||||
8 | students
to or from school or a school related activity, in | ||||||
9 | any conveyance
owned, leased, or contracted by a public | ||||||
10 | transportation agency, or on any public way within
1,000 | ||||||
11 | feet of the real property comprising any school, public | ||||||
12 | park, courthouse,
public transportation facility, or | ||||||
13 | residential property owned, operated, or managed by a | ||||||
14 | public
housing agency
or leased by a public housing agency | ||||||
15 | as part of a scattered site or
mixed-income development
| ||||||
16 | commits a Class 3 felony.
| ||||||
17 | (2) A person who violates subsection 24-1(a)(1), | ||||||
18 | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | ||||||
19 | time of day or the time of year, in
residential property | ||||||
20 | owned, operated or managed by a public housing
agency
or | ||||||
21 | leased by a public housing agency as part of a scattered | ||||||
22 | site or
mixed-income development,
in
a public park, in a | ||||||
23 | courthouse, on the real property comprising any school,
| ||||||
24 | regardless of the time of day or the time of year, on | ||||||
25 | residential property
owned, operated or managed by a public | ||||||
26 | housing agency
or leased by a public housing agency as part |
| |||||||
| |||||||
1 | of a scattered site or
mixed-income development,
on the | ||||||
2 | real property
comprising any public park, on the real | ||||||
3 | property comprising any courthouse, in
any conveyance | ||||||
4 | owned, leased or contracted by a school to transport | ||||||
5 | students
to or from school or a school related activity, in | ||||||
6 | any conveyance
owned, leased, or contracted by a public | ||||||
7 | transportation agency, or on any public way within
1,000 | ||||||
8 | feet of the real property comprising any school, public | ||||||
9 | park, courthouse,
public transportation facility, or | ||||||
10 | residential property owned, operated, or managed by a | ||||||
11 | public
housing agency or leased by a public housing agency | ||||||
12 | as part of a scattered
site or mixed-income development | ||||||
13 | commits a Class 4 felony. "Courthouse"
means any building | ||||||
14 | that is used by the Circuit, Appellate, or Supreme Court of
| ||||||
15 | this State for the conduct of official business.
| ||||||
16 | (3) Paragraphs (1), (1.5), and (2) of this subsection | ||||||
17 | (c) shall not
apply to law
enforcement officers or security | ||||||
18 | officers of such school, college, or
university or to | ||||||
19 | students carrying or possessing firearms for use in | ||||||
20 | training
courses, parades, hunting, target shooting on | ||||||
21 | school ranges, or otherwise with
the consent of school | ||||||
22 | authorities and which firearms are transported unloaded
| ||||||
23 | enclosed in a suitable case, box, or transportation | ||||||
24 | package.
| ||||||
25 | (4) For the purposes of this subsection (c), "school" | ||||||
26 | means any public or
private elementary or secondary school, |
| |||||||
| |||||||
1 | community college, college, or
university.
| ||||||
2 | (5) For the purposes of this subsection (c), "public | ||||||
3 | transportation agency" means a public or private agency | ||||||
4 | that provides for the transportation or conveyance of
| ||||||
5 | persons by means available to the general public, except | ||||||
6 | for transportation
by automobiles not used for conveyance | ||||||
7 | of the general public as passengers; and "public | ||||||
8 | transportation facility" means a terminal or other place
| ||||||
9 | where one may obtain public transportation.
| ||||||
10 | (d) The presence in an automobile other than a public | ||||||
11 | omnibus of any
weapon, instrument or substance referred to in | ||||||
12 | subsection (a)(7) is
prima facie evidence that it is in the | ||||||
13 | possession of, and is being
carried by, all persons occupying | ||||||
14 | such automobile at the time such
weapon, instrument or | ||||||
15 | substance is found, except under the following
circumstances: | ||||||
16 | (i) if such weapon, instrument or instrumentality is
found upon | ||||||
17 | the person of one of the occupants therein; or (ii) if such
| ||||||
18 | weapon, instrument or substance is found in an automobile | ||||||
19 | operated for
hire by a duly licensed driver in the due, lawful | ||||||
20 | and proper pursuit of
his trade, then such presumption shall | ||||||
21 | not apply to the driver.
| ||||||
22 | (e) Exemptions. | ||||||
23 | (1) Crossbows, Common or Compound bows and Underwater
| ||||||
24 | Spearguns are exempted from the definition of ballistic | ||||||
25 | knife as defined in
paragraph (1) of subsection (a) of this | ||||||
26 | Section. |
| |||||||
| |||||||
1 | (2) The provision of paragraph (1) of subsection (a) of | ||||||
2 | this Section prohibiting the sale, manufacture, purchase, | ||||||
3 | possession, or carrying of any knife, commonly referred to | ||||||
4 | as a switchblade knife, which has a
blade that opens | ||||||
5 | automatically by hand pressure applied to a button,
spring | ||||||
6 | or other device in the handle of the knife, does not apply | ||||||
7 | to a person who possesses a currently valid Firearm Owner's | ||||||
8 | Identification Card previously issued in his or her name by | ||||||
9 | the Department of State Police or to a person or an entity | ||||||
10 | engaged in the business of selling or manufacturing | ||||||
11 | switchblade knives.
| ||||||
12 | (Source: P.A. 99-29, eff. 7-10-15; 100-82, eff. 8-11-17.)
| ||||||
13 | (720 ILCS 5/24-1.6) | ||||||
14 | Sec. 24-1.6. Aggravated unlawful use of a weapon. | ||||||
15 | (a) A person commits the offense of aggravated unlawful use | ||||||
16 | of a weapon when
he or she knowingly: | ||||||
17 | (1) Carries on or about his or her person or in any | ||||||
18 | vehicle or concealed
on or about his or her person except | ||||||
19 | when on his or her land or in his or her
abode, legal | ||||||
20 | dwelling, or fixed place of business, or on the land or in | ||||||
21 | the legal dwelling of another person as an invitee with | ||||||
22 | that person's permission, any pistol, revolver, stun gun or | ||||||
23 | taser or
other firearm; or | ||||||
24 | (2) Carries or possesses on or about his or her person, | ||||||
25 | upon any public
street, alley, or other public lands within |
| |||||||
| |||||||
1 | the corporate limits of a city,
village or incorporated | ||||||
2 | town, except when an invitee thereon or therein, for
the | ||||||
3 | purpose of the display of such weapon or the lawful | ||||||
4 | commerce in weapons, or
except when on his or her own land | ||||||
5 | or in his or her own abode, legal dwelling, or fixed place | ||||||
6 | of
business, or on the land or in the legal dwelling of | ||||||
7 | another person as an invitee with that person's permission, | ||||||
8 | any pistol, revolver, stun gun or taser or other firearm; | ||||||
9 | and | ||||||
10 | (3) One of the following factors is present: | ||||||
11 | (A) the firearm, other than a pistol, revolver, or | ||||||
12 | handgun, possessed was uncased, loaded, and | ||||||
13 | immediately accessible
at the time of the offense; or | ||||||
14 | (A-5) the pistol, revolver, or handgun possessed | ||||||
15 | was uncased, loaded, and immediately accessible
at the | ||||||
16 | time of the offense and the person possessing the | ||||||
17 | pistol, revolver, or handgun has not been issued a | ||||||
18 | currently valid license under the Firearm Concealed | ||||||
19 | Carry Act; or | ||||||
20 | (B) the firearm, other than a pistol, revolver, or | ||||||
21 | handgun, possessed was uncased, unloaded, and the | ||||||
22 | ammunition for
the weapon was immediately accessible | ||||||
23 | at the time of the offense; or | ||||||
24 | (B-5) the pistol, revolver, or handgun possessed | ||||||
25 | was uncased, unloaded, and the ammunition for
the | ||||||
26 | weapon was immediately accessible at the time of the |
| |||||||
| |||||||
1 | offense and the person possessing the pistol, | ||||||
2 | revolver, or handgun has not been issued a currently | ||||||
3 | valid license under the Firearm Concealed Carry Act; or | ||||||
4 | (C) the person possessing the firearm has not been | ||||||
5 | issued a currently
valid Firearm Owner's | ||||||
6 | Identification Card; or | ||||||
7 | (D) the person possessing the weapon was | ||||||
8 | previously adjudicated
a delinquent minor under the | ||||||
9 | Juvenile Court Act of 1987 for an act that if
committed | ||||||
10 | by an adult would be a felony; or | ||||||
11 | (E) the person possessing the weapon was engaged in | ||||||
12 | a misdemeanor
violation of the Cannabis
Control Act, in | ||||||
13 | a misdemeanor violation of the Illinois Controlled | ||||||
14 | Substances
Act, or in a misdemeanor violation of the | ||||||
15 | Methamphetamine Control and Community Protection Act; | ||||||
16 | or | ||||||
17 | (F) (blank); or | ||||||
18 | (G) the person possessing the weapon had an order | ||||||
19 | of protection issued
against him or her within the | ||||||
20 | previous 2 years; or | ||||||
21 | (H) the person possessing the weapon was engaged in | ||||||
22 | the commission or
attempted commission of
a | ||||||
23 | misdemeanor involving the use or threat of violence | ||||||
24 | against
the person or property of another; or | ||||||
25 | (I) the person possessing the weapon was under 21 | ||||||
26 | years of age and in
possession of a handgun, unless the |
| |||||||
| |||||||
1 | person under 21
is engaged in lawful activities under | ||||||
2 | the Wildlife Code or described in
subsection | ||||||
3 | 24-2(b)(1), (b)(3), or 24-2(f). | ||||||
4 | (a-5) "Handgun" as used in this Section has the meaning | ||||||
5 | given to it in Section 5 of the Firearm Concealed Carry Act. | ||||||
6 | (b) "Stun gun or taser" as used in this Section has the | ||||||
7 | same definition
given to it in Section 24-1 of this Code. | ||||||
8 | (c) This Section does not apply to or affect the | ||||||
9 | transportation or
possession
of weapons as provided in | ||||||
10 | subsection 24-1(a)(4)(B) or that: | ||||||
11 | (i) are broken down in a non-functioning state; or | ||||||
12 | (ii) are not immediately accessible; or | ||||||
13 | (iii) are unloaded and enclosed in a case, firearm | ||||||
14 | carrying box,
shipping box, or other container by a person | ||||||
15 | who has been issued a currently
valid Firearm Owner's
| ||||||
16 | Identification Card. | ||||||
17 | (d) Sentence. | ||||||
18 | (1) Aggravated unlawful use of a weapon is a Class 4 | ||||||
19 | felony;
a second or subsequent offense is a Class 2 felony | ||||||
20 | for which the person shall be sentenced to a term of | ||||||
21 | imprisonment of not less than 3 years and not more than 7 | ||||||
22 | years, except as provided for in Section 5-4.5-110 of the | ||||||
23 | Unified Code of Corrections. | ||||||
24 | (2) Except as otherwise provided in paragraphs (3) and | ||||||
25 | (4) of this subsection (d), a first offense of aggravated | ||||||
26 | unlawful use of a weapon committed with a firearm by a |
| |||||||
| |||||||
1 | person 18 years of age or older where the factors listed in | ||||||
2 | both items (A) and (C) or both items (A-5) and (C) of | ||||||
3 | paragraph (3) of subsection (a) are present is a Class 4 | ||||||
4 | felony, for which the person shall be sentenced to a term | ||||||
5 | of imprisonment of not less than one year and not more than | ||||||
6 | 3 years. | ||||||
7 | (3) Aggravated unlawful use of
a weapon by a person who | ||||||
8 | has been previously
convicted of a felony in this State or | ||||||
9 | another jurisdiction is a Class 2
felony for which the | ||||||
10 | person shall be sentenced to a term of imprisonment of not | ||||||
11 | less than 3 years and not more than 7 years, except as | ||||||
12 | provided for in Section 5-4.5-110 of the Unified Code of | ||||||
13 | Corrections. | ||||||
14 | (4) Aggravated unlawful use of a weapon while wearing | ||||||
15 | or in possession of body armor as defined in Section 33F-1 | ||||||
16 | by a person who has not been issued a valid Firearms | ||||||
17 | Owner's Identification Card in accordance with Section 5 of | ||||||
18 | the Firearm Owners Identification Card Act is a Class X | ||||||
19 | felony.
| ||||||
20 | (e) The possession of each firearm in violation of this | ||||||
21 | Section constitutes a single and separate violation. | ||||||
22 | (Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17 .)
| ||||||
23 | (720 ILCS 5/24-2)
| ||||||
24 | Sec. 24-2. Exemptions.
| ||||||
25 | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and |
| |||||||
| |||||||
1 | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | ||||||
2 | the following:
| ||||||
3 | (1) Peace officers, and any person summoned by a peace | ||||||
4 | officer to
assist in making arrests or preserving the | ||||||
5 | peace, while actually engaged in
assisting such officer.
| ||||||
6 | (2) Wardens, superintendents and keepers of prisons,
| ||||||
7 | penitentiaries, jails and other institutions for the | ||||||
8 | detention of persons
accused or convicted of an offense, | ||||||
9 | while in the performance of their
official duty, or while | ||||||
10 | commuting between their homes and places of employment.
| ||||||
11 | (3) Members of the Armed Services or Reserve Forces of | ||||||
12 | the United States
or the Illinois National Guard or the | ||||||
13 | Reserve Officers Training Corps,
while in the performance | ||||||
14 | of their official duty.
| ||||||
15 | (4) Special agents employed by a railroad or a public | ||||||
16 | utility to
perform police functions, and guards of armored | ||||||
17 | car companies, while
actually engaged in the performance of | ||||||
18 | the duties of their employment or
commuting between their | ||||||
19 | homes and places of employment; and watchmen
while actually | ||||||
20 | engaged in the performance of the duties of their | ||||||
21 | employment.
| ||||||
22 | (5) Persons licensed as private security contractors, | ||||||
23 | private
detectives, or private alarm contractors, or | ||||||
24 | employed by a private security contractor, private | ||||||
25 | detective, or private alarm contractor agency licensed
by | ||||||
26 | the Department of Financial and Professional Regulation, |
| |||||||
| |||||||
1 | if their duties
include the carrying of a weapon under the | ||||||
2 | provisions of the Private
Detective, Private Alarm,
| ||||||
3 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
4 | 2004,
while actually
engaged in the performance of the | ||||||
5 | duties of their employment or commuting
between their homes | ||||||
6 | and places of employment. A person shall be considered | ||||||
7 | eligible for this
exemption if he or she has completed the | ||||||
8 | required 20
hours of training for a private security | ||||||
9 | contractor, private
detective, or private alarm | ||||||
10 | contractor, or employee of a licensed private security | ||||||
11 | contractor, private detective, or private alarm contractor | ||||||
12 | agency and 20 hours of required firearm
training, and has | ||||||
13 | been issued a firearm control card by
the Department of | ||||||
14 | Financial and Professional Regulation. Conditions for the | ||||||
15 | renewal of
firearm control cards issued under the | ||||||
16 | provisions of this Section
shall be the same as for those | ||||||
17 | cards issued under the provisions of the
Private Detective, | ||||||
18 | Private Alarm,
Private Security, Fingerprint Vendor, and | ||||||
19 | Locksmith Act of 2004. The
firearm control card shall be | ||||||
20 | carried by the private security contractor, private
| ||||||
21 | detective, or private alarm contractor, or employee of the | ||||||
22 | licensed private security contractor, private detective, | ||||||
23 | or private alarm contractor agency at all
times when he or | ||||||
24 | she is in possession of a concealable weapon permitted by | ||||||
25 | his or her firearm control card.
| ||||||
26 | (6) Any person regularly employed in a commercial or |
| |||||||
| |||||||
1 | industrial
operation as a security guard for the protection | ||||||
2 | of persons employed
and private property related to such | ||||||
3 | commercial or industrial
operation, while actually engaged | ||||||
4 | in the performance of his or her
duty or traveling between | ||||||
5 | sites or properties belonging to the
employer, and who, as | ||||||
6 | a security guard, is a member of a security force | ||||||
7 | registered with the Department of Financial and | ||||||
8 | Professional
Regulation; provided that such security guard | ||||||
9 | has successfully completed a
course of study, approved by | ||||||
10 | and supervised by the Department of
Financial and | ||||||
11 | Professional Regulation, consisting of not less than 40 | ||||||
12 | hours of training
that includes the theory of law | ||||||
13 | enforcement, liability for acts, and the
handling of | ||||||
14 | weapons. A person shall be considered eligible for this
| ||||||
15 | exemption if he or she has completed the required 20
hours | ||||||
16 | of training for a security officer and 20 hours of required | ||||||
17 | firearm
training, and has been issued a firearm control | ||||||
18 | card by
the Department of Financial and Professional | ||||||
19 | Regulation. Conditions for the renewal of
firearm control | ||||||
20 | cards issued under the provisions of this Section
shall be | ||||||
21 | the same as for those cards issued under the provisions of | ||||||
22 | the
Private Detective, Private Alarm,
Private Security, | ||||||
23 | Fingerprint Vendor, and Locksmith Act of 2004. The
firearm | ||||||
24 | control card shall be carried by the security guard at all
| ||||||
25 | times when he or she is in possession of a concealable | ||||||
26 | weapon permitted by his or her firearm control card.
|
| |||||||
| |||||||
1 | (7) Agents and investigators of the Illinois | ||||||
2 | Legislative Investigating
Commission authorized by the | ||||||
3 | Commission to carry the weapons specified in
subsections | ||||||
4 | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| ||||||
5 | any investigation for the Commission.
| ||||||
6 | (8) Persons employed by a financial institution as a | ||||||
7 | security guard for the protection of
other employees and | ||||||
8 | property related to such financial institution, while
| ||||||
9 | actually engaged in the performance of their duties, | ||||||
10 | commuting between
their homes and places of employment, or | ||||||
11 | traveling between sites or
properties owned or operated by | ||||||
12 | such financial institution, and who, as a security guard, | ||||||
13 | is a member of a security force registered with the | ||||||
14 | Department; provided that
any person so employed has | ||||||
15 | successfully completed a course of study,
approved by and | ||||||
16 | supervised by the Department of Financial and Professional | ||||||
17 | Regulation,
consisting of not less than 40 hours of | ||||||
18 | training which includes theory of
law enforcement, | ||||||
19 | liability for acts, and the handling of weapons.
A person | ||||||
20 | shall be considered to be eligible for this exemption if he | ||||||
21 | or
she has completed the required 20 hours of training for | ||||||
22 | a security officer
and 20 hours of required firearm | ||||||
23 | training, and has been issued a
firearm control card by the | ||||||
24 | Department of Financial and Professional Regulation.
| ||||||
25 | Conditions for renewal of firearm control cards issued | ||||||
26 | under the
provisions of this Section shall be the same as |
| |||||||
| |||||||
1 | for those issued under the
provisions of the Private | ||||||
2 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
3 | Vendor, and Locksmith Act of 2004. The
firearm control card | ||||||
4 | shall be carried by the security guard at all times when he | ||||||
5 | or she is in possession of a concealable
weapon permitted | ||||||
6 | by his or her firearm control card. For purposes of this | ||||||
7 | subsection, "financial institution" means a
bank, savings | ||||||
8 | and loan association, credit union or company providing
| ||||||
9 | armored car services.
| ||||||
10 | (9) Any person employed by an armored car company to | ||||||
11 | drive an armored
car, while actually engaged in the | ||||||
12 | performance of his duties.
| ||||||
13 | (10) Persons who have been classified as peace officers | ||||||
14 | pursuant
to the Peace Officer Fire Investigation Act.
| ||||||
15 | (11) Investigators of the Office of the State's | ||||||
16 | Attorneys Appellate
Prosecutor authorized by the board of | ||||||
17 | governors of the Office of the
State's Attorneys Appellate | ||||||
18 | Prosecutor to carry weapons pursuant to
Section 7.06 of the | ||||||
19 | State's Attorneys Appellate Prosecutor's Act.
| ||||||
20 | (12) Special investigators appointed by a State's | ||||||
21 | Attorney under
Section 3-9005 of the Counties Code.
| ||||||
22 | (12.5) Probation officers while in the performance of | ||||||
23 | their duties, or
while commuting between their homes, | ||||||
24 | places of employment or specific locations
that are part of | ||||||
25 | their assigned duties, with the consent of the chief judge | ||||||
26 | of
the circuit for which they are employed, if they have |
| |||||||
| |||||||
1 | received weapons training according
to requirements of the | ||||||
2 | Peace Officer and Probation Officer Firearm Training Act.
| ||||||
3 | (13) Court Security Officers while in the performance | ||||||
4 | of their official
duties, or while commuting between their | ||||||
5 | homes and places of employment, with
the
consent of the | ||||||
6 | Sheriff.
| ||||||
7 | (13.5) A person employed as an armed security guard at | ||||||
8 | a nuclear energy,
storage, weapons or development site or | ||||||
9 | facility regulated by the Nuclear
Regulatory Commission | ||||||
10 | who has completed the background screening and training
| ||||||
11 | mandated by the rules and regulations of the Nuclear | ||||||
12 | Regulatory Commission.
| ||||||
13 | (14) Manufacture, transportation, or sale of weapons | ||||||
14 | to
persons
authorized under subdivisions (1) through | ||||||
15 | (13.5) of this
subsection
to
possess those weapons.
| ||||||
16 | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
17 | to
or affect any person carrying a concealed pistol, revolver, | ||||||
18 | or handgun and the person has been issued a currently valid | ||||||
19 | license under the Firearm Concealed Carry Act at the time of | ||||||
20 | the commission of the offense. | ||||||
21 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
22 | 24-1.6 do not
apply to or affect
any of the following:
| ||||||
23 | (1) Members of any club or organization organized for | ||||||
24 | the purpose of
practicing shooting at targets upon | ||||||
25 | established target ranges, whether
public or private, and | ||||||
26 | patrons of such ranges, while such members
or patrons are |
| |||||||
| |||||||
1 | using their firearms on those target ranges.
| ||||||
2 | (2) Duly authorized military or civil organizations | ||||||
3 | while parading,
with the special permission of the | ||||||
4 | Governor.
| ||||||
5 | (3) Hunters, trappers or fishermen with a license or
| ||||||
6 | permit while engaged in hunting,
trapping or fishing.
| ||||||
7 | (4) Transportation of weapons that are broken down in a
| ||||||
8 | non-functioning state or are not immediately accessible.
| ||||||
9 | (5) Carrying or possessing any pistol, revolver, stun | ||||||
10 | gun or taser or other firearm on the land or in the legal | ||||||
11 | dwelling of another person as an invitee with that person's | ||||||
12 | permission. | ||||||
13 | (c) Subsection 24-1(a)(7) does not apply to or affect any | ||||||
14 | of the
following:
| ||||||
15 | (1) Peace officers while in performance of their | ||||||
16 | official duties.
| ||||||
17 | (2) Wardens, superintendents and keepers of prisons, | ||||||
18 | penitentiaries,
jails and other institutions for the | ||||||
19 | detention of persons accused or
convicted of an offense.
| ||||||
20 | (3) Members of the Armed Services or Reserve Forces of | ||||||
21 | the United States
or the Illinois National Guard, while in | ||||||
22 | the performance of their official
duty.
| ||||||
23 | (4) Manufacture, transportation, or sale of machine | ||||||
24 | guns to persons
authorized under subdivisions (1) through | ||||||
25 | (3) of this subsection to
possess machine guns, if the | ||||||
26 | machine guns are broken down in a
non-functioning state or |
| |||||||
| |||||||
1 | are not immediately accessible.
| ||||||
2 | (5) Persons licensed under federal law to manufacture | ||||||
3 | any weapon from
which 8 or more shots or bullets can be | ||||||
4 | discharged by a
single function of the firing device, or | ||||||
5 | ammunition for such weapons, and
actually engaged in the | ||||||
6 | business of manufacturing such weapons or
ammunition, but | ||||||
7 | only with respect to activities which are within the lawful
| ||||||
8 | scope of such business, such as the manufacture, | ||||||
9 | transportation, or testing
of such weapons or ammunition. | ||||||
10 | This exemption does not authorize the
general private | ||||||
11 | possession of any weapon from which 8 or more
shots or | ||||||
12 | bullets can be discharged by a single function of the | ||||||
13 | firing
device, but only such possession and activities as | ||||||
14 | are within the lawful
scope of a licensed manufacturing | ||||||
15 | business described in this paragraph.
| ||||||
16 | During transportation, such weapons shall be broken | ||||||
17 | down in a
non-functioning state or not immediately | ||||||
18 | accessible.
| ||||||
19 | (6) The manufacture, transport, testing, delivery, | ||||||
20 | transfer or sale,
and all lawful commercial or experimental | ||||||
21 | activities necessary thereto, of
rifles, shotguns, and | ||||||
22 | weapons made from rifles or shotguns,
or ammunition for | ||||||
23 | such rifles, shotguns or weapons, where engaged in
by a | ||||||
24 | person operating as a contractor or subcontractor pursuant | ||||||
25 | to a
contract or subcontract for the development and supply | ||||||
26 | of such rifles,
shotguns, weapons or ammunition to the |
| |||||||
| |||||||
1 | United States government or any
branch of the Armed Forces | ||||||
2 | of the United States, when such activities are
necessary | ||||||
3 | and incident to fulfilling the terms of such contract.
| ||||||
4 | The exemption granted under this subdivision (c)(6)
| ||||||
5 | shall also apply to any authorized agent of any such | ||||||
6 | contractor or
subcontractor who is operating within the | ||||||
7 | scope of his employment, where
such activities involving | ||||||
8 | such weapon, weapons or ammunition are necessary
and | ||||||
9 | incident to fulfilling the terms of such contract.
| ||||||
10 | (7) A person possessing a rifle with a barrel or | ||||||
11 | barrels less than 16 inches in length if: (A) the person | ||||||
12 | has been issued a Curios and Relics license from the U.S. | ||||||
13 | Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) | ||||||
14 | the person is an active member of a bona fide, nationally | ||||||
15 | recognized military re-enacting group and the modification | ||||||
16 | is required and necessary to accurately portray the weapon | ||||||
17 | for historical re-enactment purposes; the re-enactor is in | ||||||
18 | possession of a valid and current re-enacting group | ||||||
19 | membership credential; and the overall length of the weapon | ||||||
20 | as modified is not less than 26 inches. | ||||||
21 | (d) Subsection 24-1(a)(1) does not apply to the purchase, | ||||||
22 | possession
or carrying of a black-jack or slung-shot by a peace | ||||||
23 | officer.
| ||||||
24 | (e) Subsection 24-1(a)(8) does not apply to any owner, | ||||||
25 | manager or
authorized employee of any place specified in that | ||||||
26 | subsection nor to any
law enforcement officer.
|
| |||||||
| |||||||
1 | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | ||||||
2 | Section 24-1.6
do not apply
to members of any club or | ||||||
3 | organization organized for the purpose of practicing
shooting | ||||||
4 | at targets upon established target ranges, whether public or | ||||||
5 | private,
while using their firearms on those target ranges.
| ||||||
6 | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | ||||||
7 | to:
| ||||||
8 | (1) Members of the Armed Services or Reserve Forces of | ||||||
9 | the United
States or the Illinois National Guard, while in | ||||||
10 | the performance of their
official duty.
| ||||||
11 | (2) Bonafide collectors of antique or surplus military | ||||||
12 | ordnance.
| ||||||
13 | (3) Laboratories having a department of forensic | ||||||
14 | ballistics, or
specializing in the development of | ||||||
15 | ammunition or explosive ordnance.
| ||||||
16 | (4) Commerce, preparation, assembly or possession of | ||||||
17 | explosive
bullets by manufacturers of ammunition licensed | ||||||
18 | by the federal government,
in connection with the supply of | ||||||
19 | those organizations and persons exempted
by subdivision | ||||||
20 | (g)(1) of this Section, or like organizations and persons
| ||||||
21 | outside this State, or the transportation of explosive | ||||||
22 | bullets to any
organization or person exempted in this | ||||||
23 | Section by a common carrier or by a
vehicle owned or leased | ||||||
24 | by an exempted manufacturer.
| ||||||
25 | (g-5) Subsection 24-1(a)(6) does not apply to or affect | ||||||
26 | persons licensed
under federal law to manufacture any device or |
| |||||||
| |||||||
1 | attachment of any kind designed,
used, or intended for use in | ||||||
2 | silencing the report of any firearm, firearms, or
ammunition
| ||||||
3 | for those firearms equipped with those devices, and actually | ||||||
4 | engaged in the
business of manufacturing those devices, | ||||||
5 | firearms, or ammunition, but only with
respect to
activities | ||||||
6 | that are within the lawful scope of that business, such as the
| ||||||
7 | manufacture, transportation, or testing of those devices, | ||||||
8 | firearms, or
ammunition. This
exemption does not authorize the | ||||||
9 | general private possession of any device or
attachment of any | ||||||
10 | kind designed, used, or intended for use in silencing the
| ||||||
11 | report of any firearm, but only such possession and activities | ||||||
12 | as are within
the
lawful scope of a licensed manufacturing | ||||||
13 | business described in this subsection
(g-5). During | ||||||
14 | transportation, these devices shall be detached from any weapon
| ||||||
15 | or
not immediately accessible.
| ||||||
16 | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| ||||||
17 | 24-1.6 do not apply to
or affect any parole agent or parole | ||||||
18 | supervisor who meets the qualifications and conditions | ||||||
19 | prescribed in Section 3-14-1.5 of the Unified Code of | ||||||
20 | Corrections. | ||||||
21 | (g-7) Subsection 24-1(a)(6) does not apply to a peace | ||||||
22 | officer while serving as a member of a tactical response team | ||||||
23 | or special operations team. A peace officer may not personally | ||||||
24 | own or apply for ownership of a device or attachment of any | ||||||
25 | kind designed, used, or intended for use in silencing the | ||||||
26 | report of any firearm. These devices shall be owned and |
| |||||||
| |||||||
1 | maintained by lawfully recognized units of government whose | ||||||
2 | duties include the investigation of criminal acts. | ||||||
3 | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and | ||||||
4 | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | ||||||
5 | athlete's possession, transport on official Olympic and | ||||||
6 | Paralympic transit systems established for athletes, or use of | ||||||
7 | competition firearms sanctioned by the International Olympic | ||||||
8 | Committee, the International Paralympic Committee, the | ||||||
9 | International Shooting Sport Federation, or USA Shooting in | ||||||
10 | connection with such athlete's training for and participation | ||||||
11 | in shooting competitions at the 2016 Olympic and Paralympic | ||||||
12 | Games and sanctioned test events leading up to the 2016 Olympic | ||||||
13 | and Paralympic Games. | ||||||
14 | (h) An information or indictment based upon a violation of | ||||||
15 | any
subsection of this Article need not negative any exemptions | ||||||
16 | contained in
this Article. The defendant shall have the burden | ||||||
17 | of proving such an
exemption.
| ||||||
18 | (i) Nothing in this Article shall prohibit, apply to, or | ||||||
19 | affect
the transportation, carrying, or possession, of any | ||||||
20 | pistol or revolver,
stun gun, taser, or other firearm consigned | ||||||
21 | to a common carrier operating
under license of the State of | ||||||
22 | Illinois or the federal government, where
such transportation, | ||||||
23 | carrying, or possession is incident to the lawful
| ||||||
24 | transportation in which such common carrier is engaged; and | ||||||
25 | nothing in this
Article shall prohibit, apply to, or affect the | ||||||
26 | transportation, carrying,
or possession of any pistol, |
| |||||||
| |||||||
1 | revolver, stun gun, taser, or other firearm,
not the subject of | ||||||
2 | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | ||||||
3 | this Article, which is unloaded and enclosed in a case, firearm
| ||||||
4 | carrying box, shipping box, or other container, by the | ||||||
5 | possessor of a valid
Firearm Owners Identification Card ; and | ||||||
6 | nothing in this
Article shall prohibit, apply to, or affect the | ||||||
7 | transportation of any rifle, shotgun, or other long gun in a | ||||||
8 | vehicle by a person who has been issued a currently
valid | ||||||
9 | Firearm Owner's
Identification Card if the firearm is unloaded .
| ||||||
10 | (Source: P.A. 99-174, eff. 7-29-15; 100-201, eff. 8-18-17.)
|