97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2292

 

Introduced 2/10/2011, by Sen. Antonio Muņoz

 

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

    Amends the Criminal Code of 1961 relating to unlawful use of weapons. Increases the penalties by one class if a semi-automatic assault weapon or high capacity ammunition was possessed in the commission of the offense. Defines "semi-automatic assault weapon" and "high capacity ammunition". Effective immediately.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2292LRB097 08600 RLC 50125 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 1961 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        (5) Sets a spring gun; or
24        (6) Possesses any device or attachment of any kind
25    designed, used or intended for use in silencing the report
26    of any firearm; or

 

 

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1        (7) Sells, manufactures, purchases, possesses or
2    carries:
3            (i) a machine gun, which shall be defined for the
4        purposes of this subsection as any weapon, which
5        shoots, is designed to shoot, or can be readily
6        restored to shoot, automatically more than one shot
7        without manually reloading by a single function of the
8        trigger, including the frame or receiver of any such
9        weapon, or sells, manufactures, purchases, possesses,
10        or carries any combination of parts designed or
11        intended for use in converting any weapon into a
12        machine gun, or any combination or parts from which a
13        machine gun can be assembled if such parts are in the
14        possession or under the control of a person;
15            (ii) any rifle having one or more barrels less than
16        16 inches in length or a shotgun having one or more
17        barrels less than 18 inches in length or any weapon
18        made from a rifle or shotgun, whether by alteration,
19        modification, or otherwise, if such a weapon as
20        modified has an overall length of less than 26 inches;
21        or
22            (iii) any bomb, bomb-shell, grenade, bottle or
23        other container containing an explosive substance of
24        over one-quarter ounce for like purposes, such as, but
25        not limited to, black powder bombs and Molotov
26        cocktails or artillery projectiles; or

 

 

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

 

 

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1    (a) (10) does not apply to or affect transportation of
2    weapons that meet one of the following conditions:
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
7        person who has been issued a currently valid Firearm
8        Owner's Identification Card.
9        A "stun gun or taser", as used in this paragraph (a)
10    means (i) any device which is powered by electrical
11    charging units, such as, batteries, and which fires one or
12    several barbs attached to a length of wire and which, upon
13    hitting a human, can send out a current capable of
14    disrupting the person's nervous system in such a manner as
15    to render him incapable of normal functioning or (ii) any
16    device which is powered by electrical charging units, such
17    as batteries, and which, upon contact with a human or
18    clothing worn by a human, can send out current capable of
19    disrupting the person's nervous system in such a manner as
20    to render him incapable of normal functioning; or
21        (11) Sells, manufactures or purchases any explosive
22    bullet. For purposes of this paragraph (a) "explosive
23    bullet" means the projectile portion of an ammunition
24    cartridge which contains or carries an explosive charge
25    which will explode upon contact with the flesh of a human
26    or an animal. "Cartridge" means a tubular metal case having

 

 

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1    a projectile affixed at the front thereof and a cap or
2    primer at the rear end thereof, with the propellant
3    contained in such tube between the projectile and the cap;
4    or
5        (12) (Blank); or
6        (13) Carries or possesses on or about his or her person
7    while in a building occupied by a unit of government, a
8    billy club, other weapon of like character, or other
9    instrument of like character intended for use as a weapon.
10    For the purposes of this Section, "billy club" means a
11    short stick or club commonly carried by police officers
12    which is either telescopic or constructed of a solid piece
13    of wood or other man-made material.
14    (b) Sentence. A person convicted of a violation of
15subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
16subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
17Class A misdemeanor. A person convicted of a violation of
18subsection 24-1(a)(4) or subsection 24-1(a)(10) commits a
19Class 4 felony if a semi-automatic assault weapon or high
20capacity ammunition was possessed in the commission of the
21offense. A person convicted of a violation of subsection
2224-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; A person
23convicted of a violation of subsection 24-1(a)(8) or 24-1(a)(9)
24commits a Class 3 felony if a semi-automatic assault weapon or
25high capacity ammunition was possessed in the commission of the
26offense; a person convicted of a violation of subsection

 

 

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124-1(a)(6) or 24-1(a)(7)(ii) or (iii) commits a Class 3 felony.
2A person convicted of a violation of subsection 24-1(a)(6)
3commits a Class 2 felony if a semi-automatic assault weapon or
4high capacity ammunition was possessed in the commission of the
5offense. A person convicted of a violation of subsection
624-1(a)(7)(i) commits a Class 2 felony and shall be sentenced
7to a term of imprisonment of not less than 3 years and not more
8than 7 years, unless the weapon is possessed in the passenger
9compartment of a motor vehicle as defined in Section 1-146 of
10the Illinois Vehicle Code, or on the person, while the weapon
11is loaded, in which case it shall be a Class X felony. A person
12convicted of a second or subsequent violation of subsection
1324-1(a)(4), 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a
14Class 3 felony. A person convicted of a second or subsequent
15violation of subsection 24-1(a)(4), 24-1(a)(8), 24-1(a)(9), or
1624-1(a)(10) commits a Class 2 felony if a semi-automatic
17assault weapon or high capacity ammunition was possessed in the
18commission of the offense. The possession of each weapon in
19violation of this Section constitutes a single and separate
20violation.
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

 

 

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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. If a semi-automatic
20    assault weapon or high capacity ammunition was possessed in
21    the commission of the offense, the penalty is a Class 1
22    felony.
23        (1.5) A person who violates subsection 24-1(a)(4),
24    24-1(a)(9), or 24-1(a)(10) in any school, regardless of the
25    time of day or the time of year, in residential property
26    owned, operated, or managed by a public housing agency or

 

 

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1    leased by a public housing agency as part of a scattered
2    site or mixed-income development, in a public park, in a
3    courthouse, on the real property comprising any school,
4    regardless of the time of day or the time of year, on
5    residential property owned, operated, or managed by a
6    public housing agency or leased by a public housing agency
7    as part of a scattered site or mixed-income development, on
8    the real property comprising any public park, on the real
9    property comprising any courthouse, in any conveyance
10    owned, leased, or contracted by a school to transport
11    students to or from school or a school related activity, in
12    any conveyance owned, leased, or contracted by a public
13    transportation agency, or on any public way within 1,000
14    feet of the real property comprising any school, public
15    park, courthouse, public transportation facility, or
16    residential property owned, operated, or managed by a
17    public housing agency or leased by a public housing agency
18    as part of a scattered site or mixed-income development
19    commits a Class 3 felony. If a semi-automatic assault
20    weapon or high capacity ammunition was possessed in the
21    commission of the offense, the penalty is a Class 2 felony.
22        (2) A person who violates subsection 24-1(a)(1),
23    24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
24    time of day or the time of year, in residential property
25    owned, operated or managed by a public housing agency or
26    leased by a public housing agency as part of a scattered

 

 

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1    site or mixed-income development, in a public park, in a
2    courthouse, on the real property comprising any school,
3    regardless of the time of day or the time of year, on
4    residential property owned, operated or managed by a public
5    housing agency or leased by a public housing agency as part
6    of a scattered site or mixed-income development, on the
7    real property comprising any public park, on the real
8    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, in
11    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 4 felony. "Courthouse" means any building
19    that is used by the Circuit, Appellate, or Supreme Court of
20    this State for the conduct of official business.
21        (3) Paragraphs (1), (1.5), and (2) of this subsection
22    (c) shall not apply to law enforcement officers or security
23    officers of such school, college, or university or to
24    students carrying or possessing firearms for use in
25    training courses, parades, hunting, target shooting on
26    school ranges, or otherwise with the consent of school

 

 

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1    authorities and which firearms are transported unloaded
2    enclosed in a suitable case, box, or transportation
3    package.
4        (4) For the purposes of this subsection (c), "school"
5    means any public or private elementary or secondary school,
6    community college, college, or university.
7        (5) For the purposes of this subsection (c), "public
8    transportation agency" means a public or private agency
9    that provides for the transportation or conveyance of
10    persons by means available to the general public, except
11    for transportation by automobiles not used for conveyance
12    of the general public as passengers; and "public
13    transportation facility" means a terminal or other place
14    where one may obtain public transportation.
15    (d) The presence in an automobile other than a public
16omnibus of any weapon, instrument or substance referred to in
17subsection (a)(7) is prima facie evidence that it is in the
18possession of, and is being carried by, all persons occupying
19such automobile at the time such weapon, instrument or
20substance is found, except under the following circumstances:
21(i) if such weapon, instrument or instrumentality is found upon
22the person of one of the occupants therein; or (ii) if such
23weapon, instrument or substance is found in an automobile
24operated for hire by a duly licensed driver in the due, lawful
25and proper pursuit of his trade, then such presumption shall
26not apply to the driver.

 

 

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1    (e) Exemptions. Crossbows, Common or Compound bows and
2Underwater Spearguns are exempted from the definition of
3ballistic knife as defined in paragraph (1) of subsection (a)
4of this Section.
5    (f) For purposes of this Section:
6        "Semi-automatic assault weapon" means:
7            (A) any of the firearms or types, replicas, or
8        duplicates in any caliber of the firearms, known as:
9                (i) Norinco, Mitchell, and Poly Technologies
10            Avtomat Kalashnikovs (all models);
11                (ii) Action Arms Israeli Military Industries
12            UZI and Galil;
13                (iii) Beretta AR-70 (SC-70);
14                (iv) Colt AR-15;
15                (v) Fabrique Nationale FN/FAL, FN/LAR, and
16            FNC;
17                (vi) SWD M-10, M-11, M-11/9, and M-12;
18                (vii) Steyr AUG;
19                (viii) INTRATEC TEC-9, TEC-DC9, and TEC-22;
20            and
21                (ix) any shotgun which contains its ammunition
22            in a revolving cylinder, such as (but not limited
23            to) the Street Sweeper and Striker 12;
24            (B) a semi-automatic rifle that has an ability to
25        accept a detachable magazine and has any of the
26        following:

 

 

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1                (i) a folding or telescoping stock;
2                (ii) a pistol grip or thumbhole stock;
3                (iii) a shroud that is attached to, or
4            partially or completely encircles the barrel, and
5            that permits the shooter to hold the firearm with
6            the non-trigger hand without being burned; or
7                (iv) a fixed magazine that has the capacity to
8            accept more than 10 rounds of ammunition;
9            (C) a semi-automatic pistol that has an ability to
10        accept a detachable magazine and has any of the
11        following:
12                (i) a folding, telescoping, or thumbhole
13            stock;
14                (ii) a shroud that is attached to, or partially
15            or completely encircles the barrel, and that
16            permits the shooter to hold the firearm with the
17            non-trigger hand without being burned;
18                (iii) an ammunition magazine that attaches to
19            the pistol outside of the pistol grip;
20                (iv) a fixed magazine that has the capacity to
21            accept more than 10 rounds of ammunition;
22                (v) a manufactured weight of 50 ounces or more
23            when the pistol is unloaded; or
24                (vi) a semi-automatic version of an automatic
25            firearm;
26            (D) a semi-automatic shotgun that has any of the

 

 

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1        following:
2                (i) a folding or telescoping stock;
3                (ii) a pistol grip or thumbhole stock;
4                (iii) a fixed magazine capacity in excess of 5
5            rounds; or
6                (iv) an ability to accept a detachable
7            magazine.
8        "Semi-automatic assault weapon" does not include:
9            (A) any firearm that:
10                (i) is manually operated by bolt, pump, lever,
11            or slide action;
12                (ii) is an "unserviceable firearm" or has been
13            made permanently inoperable; or
14                (iii) is an antique firearm;
15            (B) any air rifle as defined in Section 1 of the
16        Air Rifle Act.
17        "High capacity ammunition" means ammunition of 50 or
18    more caliber.
19(Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09;
2095-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09;
2196-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.