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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 | Section 24-1.6 as follows: | |||||||||||||||||||
6 | (720 ILCS 5/24-1.6) | |||||||||||||||||||
7 | Sec. 24-1.6. Aggravated unlawful use of a weapon. | |||||||||||||||||||
8 | (a) A person commits the offense of aggravated unlawful use | |||||||||||||||||||
9 | of a weapon when
he or she knowingly: | |||||||||||||||||||
10 | (1) Carries on or about his or her person or in any | |||||||||||||||||||
11 | vehicle or concealed
on or about his or her person except | |||||||||||||||||||
12 | when on his or her land or in his or her
abode, legal | |||||||||||||||||||
13 | dwelling, or fixed place of business, or on the land or in | |||||||||||||||||||
14 | the legal dwelling of another person as an invitee with | |||||||||||||||||||
15 | that person's permission, any pistol, revolver, stun gun or | |||||||||||||||||||
16 | taser or
other firearm; or | |||||||||||||||||||
17 | (2) Carries or possesses on or about his or her person, | |||||||||||||||||||
18 | upon any public
street, alley, or other public lands within | |||||||||||||||||||
19 | the corporate limits of a city,
village or incorporated | |||||||||||||||||||
20 | town, except when an invitee thereon or therein, for
the | |||||||||||||||||||
21 | purpose of the display of such weapon or the lawful | |||||||||||||||||||
22 | commerce in weapons, or
except when on his or her own land | |||||||||||||||||||
23 | or in his or her own abode, legal dwelling, or fixed place |
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1 | of
business, or on the land or in the legal dwelling of | ||||||
2 | another person as an invitee with that person's permission, | ||||||
3 | any pistol, revolver, stun gun or taser or other firearm; | ||||||
4 | and | ||||||
5 | (3) One of the following factors is present: | ||||||
6 | (A) the firearm, other than a pistol, revolver, or | ||||||
7 | handgun, possessed was uncased, loaded, and | ||||||
8 | immediately accessible
at the time of the offense; or | ||||||
9 | (A-5) the pistol, revolver, or handgun possessed | ||||||
10 | was uncased, loaded, and immediately accessible
at the | ||||||
11 | time of the offense and the person possessing the | ||||||
12 | pistol, revolver, or handgun has not been issued a | ||||||
13 | currently valid license under the Firearm Concealed | ||||||
14 | Carry Act; or | ||||||
15 | (B) the firearm, other than a pistol, revolver, or | ||||||
16 | handgun, possessed was uncased, unloaded, and the | ||||||
17 | ammunition for
the weapon was immediately accessible | ||||||
18 | at the time of the offense; or | ||||||
19 | (B-5) the pistol, revolver, or handgun possessed | ||||||
20 | was uncased, unloaded, and the ammunition for
the | ||||||
21 | weapon was immediately accessible at the time of the | ||||||
22 | offense and the person possessing the pistol, | ||||||
23 | revolver, or handgun has not been issued a currently | ||||||
24 | valid license under the Firearm Concealed Carry Act; or | ||||||
25 | (C) the person possessing the firearm has not been | ||||||
26 | issued a currently
valid Firearm Owner's |
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1 | Identification Card; or | ||||||
2 | (D) the person possessing the weapon was | ||||||
3 | previously adjudicated
a delinquent minor under the | ||||||
4 | Juvenile Court Act of 1987 for an act that if
committed | ||||||
5 | by an adult would be a forcible felony; or | ||||||
6 | (E) the person possessing the weapon was engaged in | ||||||
7 | a misdemeanor
violation of the Cannabis
Control Act, in | ||||||
8 | a misdemeanor violation of the Illinois Controlled | ||||||
9 | Substances
Act, or in a misdemeanor violation of the | ||||||
10 | Methamphetamine Control and Community Protection Act; | ||||||
11 | or | ||||||
12 | (F) (blank); or | ||||||
13 | (G) the person possessing the weapon had a order of | ||||||
14 | protection issued
against him or her within the | ||||||
15 | previous 2 years; or | ||||||
16 | (H) the person possessing the weapon was engaged in | ||||||
17 | the commission or
attempted commission of
a | ||||||
18 | misdemeanor involving the use or threat of violence | ||||||
19 | against
the person or property of another; or | ||||||
20 | (I) the person possessing the weapon was under 21 | ||||||
21 | years of age and in
possession of a handgun, unless the | ||||||
22 | person under 21
is engaged in lawful activities under | ||||||
23 | the Wildlife Code or described in
subsection | ||||||
24 | 24-2(b)(1), (b)(3), or 24-2(f). | ||||||
25 | (a-5) "Handgun" as used in this Section has the meaning | ||||||
26 | given to it in Section 5 of the Firearm Concealed Carry Act. |
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1 | (b) "Stun gun or taser" as used in this Section has the | ||||||
2 | same definition
given to it in Section 24-1 of this Code. | ||||||
3 | (c) This Section does not apply to or affect the | ||||||
4 | transportation or
possession
of weapons that: | ||||||
5 | (i) are broken down in a non-functioning state; or | ||||||
6 | (ii) are not immediately accessible; or | ||||||
7 | (iii) are unloaded and enclosed in a case, firearm | ||||||
8 | carrying box,
shipping box, or other container by a person | ||||||
9 | who has been issued a currently
valid Firearm Owner's
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10 | Identification Card. | ||||||
11 | (d) Sentence. | ||||||
12 | (1) Aggravated unlawful use of a weapon is a Class 4 | ||||||
13 | felony;
a second or subsequent offense is a Class 2 felony | ||||||
14 | for which the person shall be sentenced to a term of | ||||||
15 | imprisonment of not less than 3 years and not more than 7 | ||||||
16 | years. | ||||||
17 | (2) Except as otherwise provided in paragraphs (3) and | ||||||
18 | (4) of this subsection (d), a first offense of aggravated | ||||||
19 | unlawful use of a weapon committed with a firearm by a | ||||||
20 | person 18 years of age or older where the factors listed in | ||||||
21 | both items (A) and (C) or both items (A-5) and (C) of | ||||||
22 | paragraph (3) of subsection (a) are present is a Class 4 | ||||||
23 | felony, for which the person shall be sentenced to a term | ||||||
24 | of imprisonment of not less than one year and not more than | ||||||
25 | 3 years. | ||||||
26 | (3) Aggravated unlawful use of
a weapon by a person who |
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1 | has been previously
convicted of a felony in this State or | ||||||
2 | another jurisdiction is a Class 2
felony for which the | ||||||
3 | person shall be sentenced to a term of imprisonment of not | ||||||
4 | less than 3 years and not more than 7 years. | ||||||
5 | (4) Aggravated unlawful use of a weapon while wearing | ||||||
6 | or in possession of body armor as defined in Section 33F-1 | ||||||
7 | by a person who has not been issued a valid Firearms | ||||||
8 | Owner's Identification Card in accordance with Section 5 of | ||||||
9 | the Firearm Owners Identification Card Act is a Class X | ||||||
10 | felony.
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11 | (e) The possession of each firearm in violation of this | ||||||
12 | Section constitutes a single and separate violation. | ||||||
13 | (Source: P.A. 98-63, eff. 7-9-13.)
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