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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 2012 is amended by changing | ||||||||||||||||||||||||||||
5 | Sections 24-1, 24-1.1, and 24-1.6 as follows:
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6 | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
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7 | Sec. 24-1. Unlawful Use of Weapons.
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8 | (a) A person commits the offense of unlawful use of weapons | ||||||||||||||||||||||||||||
9 | when
he knowingly:
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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
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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
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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 |
| |||||||
| |||||||
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 | ||||||
15 | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| ||||||
16 | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | ||||||
17 | Class 4 felony A
misdemeanor .
A person convicted of a violation | ||||||
18 | of subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 3 4 | ||||||
19 | felony; a person
convicted of a violation of subsection | ||||||
20 | 24-1(a)(6) or 24-1(a)(7)(ii) or (iii)
commits a Class 2 3 | ||||||
21 | felony. A person convicted of a violation of subsection
| ||||||
22 | 24-1(a)(7)(i) commits a Class X 2 felony and shall be sentenced | ||||||
23 | to a term of imprisonment of not less than 3 years and not more | ||||||
24 | than 7 years, unless the weapon is possessed in the
passenger | ||||||
25 | compartment of a motor vehicle as defined in Section 1-146 of | ||||||
26 | the
Illinois Vehicle Code, or on the person, while the weapon |
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| |||||||
1 | is loaded, in which
case it shall be a Class X felony . A person | ||||||
2 | convicted of a
second or subsequent violation of subsection | ||||||
3 | 24-1(a)(4), 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a | ||||||
4 | Class 2 3 felony. The possession of each weapon in violation of | ||||||
5 | this Section constitutes a single and separate violation.
| ||||||
6 | (c) Violations in specific places.
| ||||||
7 | (1) A person who violates subsection 24-1(a)(6) or | ||||||
8 | 24-1(a)(7) in any
school, regardless of the time of day or | ||||||
9 | the time of year, in residential
property owned, operated | ||||||
10 | or managed by a public housing agency or
leased by
a public | ||||||
11 | housing agency as part of a scattered site or mixed-income
| ||||||
12 | development, in a
public park, in a courthouse, on the real | ||||||
13 | property comprising any school,
regardless of the
time of | ||||||
14 | day or the time of year, on residential property owned, | ||||||
15 | operated
or
managed by a public housing agency
or leased by | ||||||
16 | a public housing agency as part of a scattered site or
| ||||||
17 | mixed-income development,
on the real property comprising | ||||||
18 | any
public park, on the real property comprising any | ||||||
19 | courthouse, in any conveyance
owned, leased or contracted | ||||||
20 | by a school to
transport students to or from school or a | ||||||
21 | school related activity, in any conveyance
owned, leased, | ||||||
22 | or contracted by a public transportation agency, or on any
| ||||||
23 | public way within 1,000 feet of the real property | ||||||
24 | comprising any school,
public park, courthouse, public | ||||||
25 | transportation facility, or residential property owned, | ||||||
26 | operated, or managed
by a public housing agency
or leased |
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1 | by a public housing agency as part of a scattered site or
| ||||||
2 | mixed-income development
commits a Class X 2 felony and | ||||||
3 | shall be sentenced to a term of imprisonment of not less | ||||||
4 | than 3 years and not more than 7 years .
| ||||||
5 | (1.5) A person who violates subsection 24-1(a)(4), | ||||||
6 | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | ||||||
7 | time of day or the time of year,
in residential property | ||||||
8 | owned, operated, or managed by a public
housing
agency
or | ||||||
9 | leased by a public housing agency as part of a scattered | ||||||
10 | site or
mixed-income development,
in
a public
park, in a | ||||||
11 | courthouse, on the real property comprising any school, | ||||||
12 | regardless
of the time of day or the time of year, on | ||||||
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,
on | ||||||
16 | the real property
comprising any public park, on the real | ||||||
17 | property comprising any courthouse, in
any conveyance | ||||||
18 | owned, leased, or contracted by a school to transport | ||||||
19 | students
to or from school or a school related activity, in | ||||||
20 | any conveyance
owned, leased, or contracted by a public | ||||||
21 | transportation agency, or on any public way within
1,000 | ||||||
22 | feet of the real property comprising any school, public | ||||||
23 | park, courthouse,
public transportation facility, or | ||||||
24 | residential property owned, operated, or managed by a | ||||||
25 | public
housing agency
or leased by a public housing agency | ||||||
26 | as part of a scattered site or
mixed-income development
|
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| |||||||
1 | commits a Class 2 3 felony.
| ||||||
2 | (2) A person who violates subsection 24-1(a)(1), | ||||||
3 | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | ||||||
4 | time of day or the time of year, in
residential property | ||||||
5 | owned, operated or managed by a public housing
agency
or | ||||||
6 | leased by a public housing agency as part of a scattered | ||||||
7 | site or
mixed-income development,
in
a public park, in a | ||||||
8 | courthouse, on the real property comprising any school,
| ||||||
9 | regardless of the time of day or the time of year, on | ||||||
10 | residential property
owned, operated or managed by a public | ||||||
11 | housing agency
or leased by a public housing agency as part | ||||||
12 | of a scattered site or
mixed-income development,
on the | ||||||
13 | real property
comprising any public park, on the real | ||||||
14 | property comprising any courthouse, in
any conveyance | ||||||
15 | owned, leased or contracted by a school to transport | ||||||
16 | students
to or from school or a school related activity, in | ||||||
17 | any conveyance
owned, leased, or contracted by a public | ||||||
18 | transportation agency, or on any public way within
1,000 | ||||||
19 | feet of the real property comprising any school, public | ||||||
20 | park, courthouse,
public transportation facility, or | ||||||
21 | residential property owned, operated, or managed by a | ||||||
22 | public
housing agency or leased by a public housing agency | ||||||
23 | as part of a scattered
site or mixed-income development | ||||||
24 | commits a Class 3 4 felony. "Courthouse"
means any building | ||||||
25 | that is used by the Circuit, Appellate, or Supreme Court of
| ||||||
26 | this State for the conduct of official business.
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1 | (3) Paragraphs (1), (1.5), and (2) of this subsection | ||||||
2 | (c) shall not
apply to law
enforcement officers or security | ||||||
3 | officers of such school, college, or
university or to | ||||||
4 | students carrying or possessing firearms for use in | ||||||
5 | training
courses, parades, hunting, target shooting on | ||||||
6 | school ranges, or otherwise with
the consent of school | ||||||
7 | authorities and which firearms are transported unloaded
| ||||||
8 | enclosed in a suitable case, box, or transportation | ||||||
9 | package.
| ||||||
10 | (4) For the purposes of this subsection (c), "school" | ||||||
11 | means any public or
private elementary or secondary school, | ||||||
12 | community college, college, or
university.
| ||||||
13 | (5) For the purposes of this subsection (c), "public | ||||||
14 | transportation agency" means a public or private agency | ||||||
15 | that provides for the transportation or conveyance of
| ||||||
16 | persons by means available to the general public, except | ||||||
17 | for transportation
by automobiles not used for conveyance | ||||||
18 | of the general public as passengers; and "public | ||||||
19 | transportation facility" means a terminal or other place
| ||||||
20 | where one may obtain public transportation.
| ||||||
21 | (d) The presence in an automobile other than a public | ||||||
22 | omnibus of any
weapon, instrument or substance referred to in | ||||||
23 | subsection (a)(7) is
prima facie evidence that it is in the | ||||||
24 | possession of, and is being
carried by, all persons occupying | ||||||
25 | such automobile at the time such
weapon, instrument or | ||||||
26 | substance is found, except under the following
circumstances: |
| |||||||
| |||||||
1 | (i) if such weapon, instrument or instrumentality is
found upon | ||||||
2 | the person of one of the occupants therein; or (ii) if such
| ||||||
3 | weapon, instrument or substance is found in an automobile | ||||||
4 | operated for
hire by a duly licensed driver in the due, lawful | ||||||
5 | and proper pursuit of
his trade, then such presumption shall | ||||||
6 | not apply to the driver.
| ||||||
7 | (e) Exemptions. Crossbows, Common or Compound bows and | ||||||
8 | Underwater
Spearguns are exempted from the definition of | ||||||
9 | ballistic knife as defined in
paragraph (1) of subsection (a) | ||||||
10 | of this Section.
| ||||||
11 | (Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09; | ||||||
12 | 95-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09; | ||||||
13 | 96-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)
| ||||||
14 | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
| ||||||
15 | Sec. 24-1.1. Unlawful Use or Possession of Weapons by | ||||||
16 | Felons or
Persons in the Custody of the
Department of | ||||||
17 | Corrections Facilities. | ||||||
18 | (a) It is unlawful
for a person to knowingly possess on or | ||||||
19 | about his person or on his land or
in his own abode or fixed | ||||||
20 | place of business any weapon prohibited under
Section 24-1 of | ||||||
21 | this Act or any firearm or any firearm ammunition if the
person | ||||||
22 | has been convicted of a felony under the laws of this State or | ||||||
23 | any
other jurisdiction. This Section shall not apply if the | ||||||
24 | person has been
granted relief by the Director of the | ||||||
25 | Department of State Police
under Section 10 of the Firearm |
| |||||||
| |||||||
1 | Owners Identification
Card Act.
| ||||||
2 | (b) It is unlawful for any person confined in a penal | ||||||
3 | institution,
which is a facility of the Illinois Department of | ||||||
4 | Corrections, to possess
any weapon prohibited under Section | ||||||
5 | 24-1 of this Code or any firearm or
firearm ammunition, | ||||||
6 | regardless of the intent with which he possesses it.
| ||||||
7 | (c) It shall be an affirmative defense to a violation of | ||||||
8 | subsection (b), that such possession was specifically | ||||||
9 | authorized by rule,
regulation, or directive of the Illinois | ||||||
10 | Department of Corrections or order
issued pursuant thereto.
| ||||||
11 | (d) The defense of necessity is not available to a person | ||||||
12 | who is charged
with a violation of subsection (b) of this | ||||||
13 | Section.
| ||||||
14 | (e) Sentence. Violation of this Section by a person not | ||||||
15 | confined
in a penal institution shall be a Class X 3 felony
for | ||||||
16 | which the person shall be sentenced to no less than 2 years and | ||||||
17 | no
more than 10 years and any second or subsequent violation | ||||||
18 | shall be a Class 2 felony for which the person shall be | ||||||
19 | sentenced to a term of imprisonment of not less than 3 years | ||||||
20 | and not more than 14 years. Violation of this Section by a | ||||||
21 | person not confined in a
penal institution who has been | ||||||
22 | convicted of a forcible felony, a felony
violation of Article | ||||||
23 | 24 of this Code or of the Firearm Owners Identification
Card | ||||||
24 | Act, stalking or aggravated stalking, or a Class 2 or greater | ||||||
25 | felony
under the Illinois Controlled Substances Act, the | ||||||
26 | Cannabis Control Act, or the Methamphetamine Control and |
| |||||||
| |||||||
1 | Community Protection Act is a
Class 2 felony for which the | ||||||
2 | person
shall be sentenced to not less than 3 years and not more | ||||||
3 | than 14 years.
Violation of this Section by a person who is on | ||||||
4 | parole or mandatory supervised
release is a Class 2 felony for | ||||||
5 | which the person shall be sentenced to not less than 3 years | ||||||
6 | and not more than 14
years. Violation of this Section by a | ||||||
7 | person not confined in a penal
institution is a Class X felony | ||||||
8 | when the firearm possessed is a machine gun .
Any person who | ||||||
9 | violates this Section while confined in a penal
institution is | ||||||
10 | guilty of a Class X felony unless the firearm possessed is a | ||||||
11 | machine gun in which case it is , which is a facility of the | ||||||
12 | Illinois Department of
Corrections, is guilty of a Class 1
| ||||||
13 | felony, if he possesses any weapon prohibited under Section | ||||||
14 | 24-1 of this
Code regardless of the intent with which he | ||||||
15 | possesses it, a Class X
felony if he possesses any firearm, | ||||||
16 | firearm ammunition or explosive, and a
Class X felony for which | ||||||
17 | the offender shall be sentenced to not less than 12
years and | ||||||
18 | not more than 50 years when the firearm possessed is a machine
| ||||||
19 | gun . A violation of this Section while wearing or in possession | ||||||
20 | of body armor as defined in Section 33F-1 is a Class X felony | ||||||
21 | punishable by a term of imprisonment of not less than 10 years | ||||||
22 | and not more than 40 years.
The possession of each firearm or | ||||||
23 | firearm ammunition in violation of this Section constitutes a | ||||||
24 | single and separate violation.
| ||||||
25 | (Source: P.A. 97-237, eff. 1-1-12.)
|
| |||||||
| |||||||
1 | (720 ILCS 5/24-1.6) | ||||||
2 | Sec. 24-1.6. Aggravated unlawful use of a weapon. | ||||||
3 | (a) A person commits the offense of aggravated unlawful use | ||||||
4 | of a weapon when
he or she knowingly: | ||||||
5 | (1) Carries on or about his or her person or in any | ||||||
6 | vehicle or concealed
on or about his or her person except | ||||||
7 | when on his or her land or in his or her
abode, legal | ||||||
8 | dwelling, or fixed place of business, or on the land or in | ||||||
9 | the legal dwelling of another person as an invitee with | ||||||
10 | that person's permission, any pistol, revolver, stun gun or | ||||||
11 | taser or
other firearm; or | ||||||
12 | (2) Carries or possesses on or about his or her person, | ||||||
13 | upon any public
street, alley, or other public lands within | ||||||
14 | the corporate limits of a city,
village or incorporated | ||||||
15 | town, except when an invitee thereon or therein, for
the | ||||||
16 | purpose of the display of such weapon or the lawful | ||||||
17 | commerce in weapons, or
except when on his or her own land | ||||||
18 | or in his or her own abode, legal dwelling, or fixed place | ||||||
19 | of
business, or on the land or in the legal dwelling of | ||||||
20 | another person as an invitee with that person's permission, | ||||||
21 | any pistol, revolver, stun gun or taser or other firearm; | ||||||
22 | and | ||||||
23 | (3) One of the following factors is present: | ||||||
24 | (A) the firearm possessed was uncased, loaded and | ||||||
25 | immediately accessible
at the time of the offense; or | ||||||
26 | (B) the firearm possessed was uncased, unloaded |
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1 | and the ammunition for
the weapon was immediately | ||||||
2 | accessible at the time of the offense; or | ||||||
3 | (C) the person possessing the firearm has not been | ||||||
4 | issued a currently
valid Firearm Owner's | ||||||
5 | Identification Card; or | ||||||
6 | (D) the person possessing the weapon was | ||||||
7 | previously adjudicated
a delinquent minor under the | ||||||
8 | Juvenile Court Act of 1987 for an act that if
committed | ||||||
9 | by an adult would be a felony; or | ||||||
10 | (E) the person possessing the weapon was engaged in | ||||||
11 | a misdemeanor
violation of the Cannabis
Control Act, in | ||||||
12 | a misdemeanor violation of the Illinois Controlled | ||||||
13 | Substances
Act, or in a misdemeanor violation of the | ||||||
14 | Methamphetamine Control and Community Protection Act; | ||||||
15 | or | ||||||
16 | (F) (blank); or | ||||||
17 | (G) the person possessing the weapon had a order of | ||||||
18 | protection issued
against him or her within the | ||||||
19 | previous 2 years; or | ||||||
20 | (H) the person possessing the weapon was engaged in | ||||||
21 | the commission or
attempted commission of
a | ||||||
22 | misdemeanor involving the use or threat of violence | ||||||
23 | against
the person or property of another; or | ||||||
24 | (I) the person possessing the weapon was under 21 | ||||||
25 | years of age and in
possession of a handgun as defined | ||||||
26 | in Section 24-3, unless the person under 21
is engaged |
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1 | in lawful activities under the Wildlife Code or | ||||||
2 | described in
subsection 24-2(b)(1), (b)(3), or | ||||||
3 | 24-2(f). | ||||||
4 | (b) "Stun gun or taser" as used in this Section has the | ||||||
5 | same definition
given to it in Section 24-1 of this Code. | ||||||
6 | (c) This Section does not apply to or affect the | ||||||
7 | transportation or
possession
of weapons that: | ||||||
8 | (i) are broken down in a non-functioning state; or | ||||||
9 | (ii) are not immediately accessible; or | ||||||
10 | (iii) are unloaded and enclosed in a case, firearm | ||||||
11 | carrying box,
shipping box, or other container by a | ||||||
12 | person who has been issued a currently
valid Firearm | ||||||
13 | Owner's
Identification Card. | ||||||
14 | (d) Sentence. | ||||||
15 | (1) Aggravated unlawful use of a weapon is a Class 2 4 | ||||||
16 | felony;
a second or subsequent offense is a Class 1 2 | ||||||
17 | felony for which the person shall be sentenced to a term of | ||||||
18 | imprisonment of not less than 4 3 years and not more than | ||||||
19 | 15 7 years. | ||||||
20 | (2) Except as otherwise provided in paragraphs (3) and | ||||||
21 | (4) of this subsection (d), a first offense of aggravated | ||||||
22 | unlawful use of a weapon committed with a firearm by a | ||||||
23 | person 18 years of age or older where the factors listed in | ||||||
24 | both items (A) and (C) of paragraph (3) of subsection (a) | ||||||
25 | are present is a Class 2 4 felony, for which the person | ||||||
26 | shall be sentenced to a term of imprisonment of not less |
| |||||||
| |||||||
1 | than 3 years one year and not more than 7 3 years. | ||||||
2 | (3) Aggravated unlawful use of
a weapon by a person who | ||||||
3 | has been previously
convicted of a felony in this State or | ||||||
4 | another jurisdiction is a Class X 2
felony for which the | ||||||
5 | person shall be sentenced to a term of imprisonment of not | ||||||
6 | less than 3 years and not more than 7 years . | ||||||
7 | (4) Aggravated unlawful use of a weapon while wearing | ||||||
8 | or in possession of body armor as defined in Section 33F-1 | ||||||
9 | by a person who has not been issued a valid Firearms | ||||||
10 | Owner's Identification Card in accordance with Section 5 of | ||||||
11 | the Firearm Owners Identification Card Act is a Class X | ||||||
12 | felony.
| ||||||
13 | (e) The possession of each firearm in violation of this | ||||||
14 | Section constitutes a single and separate violation. | ||||||
15 | (Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09; | ||||||
16 | 96-829, eff. 12-3-09; 96-1107, eff. 1-1-11.)
|