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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 Firearm Owners Identification Card Act is | |||||||||||||||||||||||||
5 | amended by changing Section 14 as follows:
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6 | (430 ILCS 65/14) (from Ch. 38, par. 83-14)
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7 | Sec. 14. Sentence.
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8 | (a) Except as provided in subsection (a-5), a violation of | |||||||||||||||||||||||||
9 | paragraph (1) of subsection (a) of Section 2, when the
person's | |||||||||||||||||||||||||
10 | Firearm Owner's
Identification Card is expired but the person | |||||||||||||||||||||||||
11 | is not otherwise disqualified
from renewing the card, is a | |||||||||||||||||||||||||
12 | Class A misdemeanor.
| |||||||||||||||||||||||||
13 | (a-5) A violation of paragraph (1) of subsection (a) of | |||||||||||||||||||||||||
14 | Section 2, when the
person's Firearm Owner's
Identification | |||||||||||||||||||||||||
15 | Card is expired but the person is not otherwise disqualified
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16 | from owning, purchasing, or possessing firearms, is a petty | |||||||||||||||||||||||||
17 | offense if the card was expired for 6 months or less from the | |||||||||||||||||||||||||
18 | date of expiration. | |||||||||||||||||||||||||
19 | (b) Except as provided in subsection (a) with respect to an | |||||||||||||||||||||||||
20 | expired
card, a violation of paragraph (1) of subsection (a) of | |||||||||||||||||||||||||
21 | Section 2 is a
Class A misdemeanor when the person does not | |||||||||||||||||||||||||
22 | possess a currently valid Firearm
Owner's Identification Card, | |||||||||||||||||||||||||
23 | but is otherwise eligible under this Act. A
second or |
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1 | subsequent violation is a Class 4 felony.
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2 | (c) A violation of paragraph (1) of subsection (a) of | ||||||
3 | Section 2 is a Class
3 felony when:
| ||||||
4 | (1) the person's Firearm Owner's Identification Card | ||||||
5 | is revoked or
subject to revocation under Section 8; or
| ||||||
6 | (2) the person's Firearm Owner's Identification Card | ||||||
7 | is expired and not
otherwise eligible for renewal under | ||||||
8 | this Act; or
| ||||||
9 | (3) the person does not possess a currently valid | ||||||
10 | Firearm Owner's
Identification Card, and the person is not | ||||||
11 | otherwise eligible under this
Act.
| ||||||
12 | In addition to any penalties under this Section, a person | ||||||
13 | convicted of a violation of paragraph (1) of subsection (a) of | ||||||
14 | Section 2 of this Act and at the time of the offense carries | ||||||
15 | any firearm, stun gun, or taser in any prohibited area under | ||||||
16 | Section 65 of the Firearm Concealed Carry Act, shall be subject | ||||||
17 | to a mental health evaluation by a physician, qualified | ||||||
18 | examiner, psychiatrist, or clinical psychologist to determine | ||||||
19 | whether the person may be diagnosed with a mental health | ||||||
20 | disorder, verified by a diagnosis contained in the Diagnostic | ||||||
21 | and Statistical Manual of Mental Disorders-Fourth Edition | ||||||
22 | published by the American Psychiatric Association (DSM-IV), or | ||||||
23 | its successor, or International Classification of Diseases, | ||||||
24 | 9th Revision, Clinical Modification (ICD-9-CM), or its | ||||||
25 | successor, that substantially impairs a person's cognitive, | ||||||
26 | emotional, or behavioral functioning, or any combination of |
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1 | those. | ||||||
2 | (d) A violation of subsection (a) of Section 3 is a Class 4 | ||||||
3 | felony.
A third or subsequent conviction is a Class 1 felony.
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4 | (d-5) Any person who knowingly enters false information on | ||||||
5 | an application
for a Firearm Owner's Identification Card, who | ||||||
6 | knowingly gives a false answer
to any question on the | ||||||
7 | application, or who knowingly submits false evidence in
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8 | connection with an application is guilty of a Class 2 felony.
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9 | (e) Except as provided by Section 6.1 of this Act, any | ||||||
10 | other
violation of this Act is a Class A misdemeanor.
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11 | (Source: P.A. 97-1131, eff. 1-1-13.)
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12 | Section 10. The Firearm Concealed Carry Act is amended by | ||||||
13 | changing Section 70 as follows: | ||||||
14 | (430 ILCS 66/70)
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15 | Sec. 70. Violations. | ||||||
16 | (a) A license issued or renewed under this Act shall be | ||||||
17 | revoked if, at any time, the licensee is found to be ineligible | ||||||
18 | for a license under this Act or the licensee no longer meets | ||||||
19 | the eligibility requirements of the Firearm Owners | ||||||
20 | Identification Card Act. | ||||||
21 | (b) A license shall be suspended if an order of protection, | ||||||
22 | including an emergency order of protection, plenary order of | ||||||
23 | protection, or interim order of protection under Article 112A | ||||||
24 | of the Code of Criminal Procedure of 1963 or under the Illinois |
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1 | Domestic Violence Act of 1986, is issued against a licensee for | ||||||
2 | the duration of the order, or if the Department is made aware | ||||||
3 | of a similar order issued against the licensee in any other | ||||||
4 | jurisdiction. If an order of protection is issued against a | ||||||
5 | licensee, the licensee shall surrender the license, as | ||||||
6 | applicable, to the court at the time the order is entered or to | ||||||
7 | the law enforcement agency or entity serving process at the | ||||||
8 | time the licensee is served the order. The court, law | ||||||
9 | enforcement agency, or entity responsible for serving the order | ||||||
10 | of protection shall notify the Department within 7 days and | ||||||
11 | transmit the license to the Department. | ||||||
12 | (c) A license is invalid upon expiration of the license, | ||||||
13 | unless the licensee has submitted an application to renew the | ||||||
14 | license, and the applicant is otherwise eligible to possess a | ||||||
15 | license under this Act. | ||||||
16 | (d) A licensee shall not carry a concealed firearm while | ||||||
17 | under the influence of alcohol, other drug or drugs, | ||||||
18 | intoxicating compound or combination of compounds, or any | ||||||
19 | combination thereof, under the standards set forth in | ||||||
20 | subsection (a) of Section 11-501 of the Illinois Vehicle Code. | ||||||
21 | A licensee in violation of this subsection (d) shall be | ||||||
22 | guilty of a Class A misdemeanor for a first or second violation | ||||||
23 | and a Class 4 felony for a third violation. The Department may | ||||||
24 | suspend a license for up to 6 months for a second violation and | ||||||
25 | shall permanently revoke a license for a third violation. | ||||||
26 | (e) Except as otherwise provided, a licensee in violation |
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1 | of this Act shall be guilty of a Class B misdemeanor. A second | ||||||
2 | or subsequent violation is a Class A misdemeanor. The | ||||||
3 | Department may suspend a license for up to 6 months for a | ||||||
4 | second violation and shall permanently revoke a license for 3 | ||||||
5 | or more violations of Section 65 of this Act. Any person | ||||||
6 | convicted of a violation under this Section shall pay a $150 | ||||||
7 | fee to be deposited into the Mental Health Reporting Fund, plus | ||||||
8 | any applicable court costs or fees. | ||||||
9 | (f) A licensee convicted or found guilty of a violation of | ||||||
10 | this Act who has a valid license and is otherwise eligible to | ||||||
11 | carry a concealed firearm shall only be subject to the | ||||||
12 | penalties under this Section and shall not be subject to the | ||||||
13 | penalties under Section 21-6, paragraph (4), (8), or (10) of | ||||||
14 | subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) | ||||||
15 | of paragraph (3) of subsection (a) of Section 24-1.6 of the | ||||||
16 | Criminal Code of 2012. Except as otherwise provided in this | ||||||
17 | subsection, nothing in this subsection prohibits the licensee | ||||||
18 | from being subjected to penalties for violations other than | ||||||
19 | those specified in this Act. | ||||||
20 | (g) A licensee whose license is revoked, suspended, or | ||||||
21 | denied shall, within 48 hours of receiving notice of the | ||||||
22 | revocation, suspension, or denial, surrender his or her | ||||||
23 | concealed carry license to the local law enforcement agency | ||||||
24 | where the person resides. The local law enforcement agency | ||||||
25 | shall provide the licensee a receipt and transmit the concealed | ||||||
26 | carry license to the Department of State Police. If the |
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1 | licensee whose concealed carry license has been revoked, | ||||||
2 | suspended, or denied fails to comply with the requirements of | ||||||
3 | this subsection, the law enforcement agency where the person | ||||||
4 | resides may petition the circuit court to issue a warrant to | ||||||
5 | search for and seize the concealed carry license in the | ||||||
6 | possession and under the custody or control of the licensee | ||||||
7 | whose concealed carry license has been revoked, suspended, or | ||||||
8 | denied. The observation of a concealed carry license in the | ||||||
9 | possession of a person whose license has been revoked, | ||||||
10 | suspended, or denied constitutes a sufficient basis for the | ||||||
11 | arrest of that person for violation of this subsection. A | ||||||
12 | violation of this subsection is a Class A misdemeanor. | ||||||
13 | (h) A license issued or renewed under this Act shall be | ||||||
14 | revoked if, at any time, the licensee is found ineligible for a | ||||||
15 | Firearm Owner's Identification Card, or the licensee no longer | ||||||
16 | possesses a valid Firearm Owner's Identification Card. A | ||||||
17 | licensee whose license is revoked under this subsection (h) | ||||||
18 | shall surrender his or her concealed carry license as provided | ||||||
19 | for in subsection (g) of this Section. | ||||||
20 | This subsection shall not apply to a person who has filed | ||||||
21 | an application with the State Police for renewal of a Firearm
| ||||||
22 | Owner's Identification Card and who is not otherwise ineligible | ||||||
23 | to obtain a Firearm Owner's Identification Card.
| ||||||
24 | (i) A certified firearms instructor who knowingly provides | ||||||
25 | or offers to provide a false certification that an applicant | ||||||
26 | has completed firearms training as required under this Act is |
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1 | guilty of a Class A misdemeanor. A person guilty of a violation | ||||||
2 | of this subsection (i) is not eligible for court supervision. | ||||||
3 | The Department shall permanently revoke the firearms | ||||||
4 | instructor certification of a person convicted under this | ||||||
5 | subsection (i). | ||||||
6 | (j) In addition to any penalties under this Section, a | ||||||
7 | person convicted of a violation under Section 65 of this Act | ||||||
8 | shall be subject to a mental health evaluation by a physician, | ||||||
9 | qualified examiner, psychiatrist, or clinical psychologist to | ||||||
10 | determine whether the person may be diagnosed with a mental | ||||||
11 | health disorder, verified by a diagnosis contained in the | ||||||
12 | Diagnostic and Statistical Manual of Mental Disorders-Fourth | ||||||
13 | Edition published by the American Psychiatric Association | ||||||
14 | (DSM-IV), or its successor, or International Classification of | ||||||
15 | Diseases, 9th Revision, Clinical Modification (ICD-9-CM), or | ||||||
16 | its successor, that substantially impairs a person's | ||||||
17 | cognitive, emotional, or behavioral functioning, or any | ||||||
18 | combination of those. | ||||||
19 | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-899, | ||||||
20 | eff. 8-15-14.) | ||||||
21 | Section 15. The Criminal Code of 2012 is amended by | ||||||
22 | changing Sections 24-1 and 24-1.6 as follows:
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23 | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
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24 | Sec. 24-1. Unlawful Use of Weapons.
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1 | (a) A person commits the offense of unlawful use of weapons | ||||||
2 | when
he knowingly:
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3 | (1) Sells, manufactures, purchases, possesses or | ||||||
4 | carries any bludgeon,
black-jack, slung-shot, sand-club, | ||||||
5 | sand-bag, metal knuckles or other knuckle weapon | ||||||
6 | regardless of its composition, throwing star,
or any knife, | ||||||
7 | commonly referred to as a switchblade knife, which has a
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8 | blade that opens automatically by hand pressure applied to | ||||||
9 | a button,
spring or other device in the handle of the | ||||||
10 | knife, or a ballistic knife,
which is a device that propels | ||||||
11 | a knifelike blade as a projectile by means
of a coil | ||||||
12 | spring, elastic material or compressed gas; or
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13 | (2) Carries or possesses with intent to use the same | ||||||
14 | unlawfully
against another, a dagger, dirk, billy, | ||||||
15 | dangerous knife, razor,
stiletto, broken bottle or other | ||||||
16 | piece of glass, stun gun or taser or
any other dangerous or | ||||||
17 | deadly weapon or instrument of like character; or
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18 | (3) Carries on or about his person or in any vehicle, a | ||||||
19 | tear gas gun
projector or bomb or any object containing | ||||||
20 | noxious liquid gas or
substance, other than an object | ||||||
21 | containing a non-lethal noxious liquid gas
or substance | ||||||
22 | designed solely for personal defense carried by a person 18
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23 | years of age or older; or
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24 | (4) Carries or possesses in any vehicle or concealed on | ||||||
25 | or about his
person except when on his land or in his own | ||||||
26 | abode, legal dwelling, or fixed place of
business, or on |
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1 | the land or in the legal dwelling of another person as an | ||||||
2 | invitee with that person's permission, any pistol, | ||||||
3 | revolver, stun gun or taser or other firearm, except
that
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4 | this subsection (a) (4) does not apply to or affect | ||||||
5 | transportation of weapons
that meet one of the following | ||||||
6 | conditions:
| ||||||
7 | (i) are broken down in a non-functioning state; or
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8 | (ii) are not immediately accessible; or
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9 | (iii) are unloaded and enclosed in a case, firearm | ||||||
10 | carrying box,
shipping box, or other container by a | ||||||
11 | person who has been issued a currently
valid Firearm | ||||||
12 | Owner's
Identification Card; or
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13 | (5) Sets a spring gun; or
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14 | (6) Possesses any device or attachment of any kind | ||||||
15 | designed, used or
intended for use in silencing the report | ||||||
16 | of any firearm; or
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17 | (7) Sells, manufactures, purchases, possesses or | ||||||
18 | carries:
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19 | (i) a machine gun, which shall be defined for the | ||||||
20 | purposes of this
subsection as any weapon,
which | ||||||
21 | shoots, is designed to shoot, or can be readily | ||||||
22 | restored to shoot,
automatically more than one shot | ||||||
23 | without manually reloading by a single
function of the | ||||||
24 | trigger, including the frame or receiver
of any such | ||||||
25 | weapon, or sells, manufactures, purchases, possesses, | ||||||
26 | or
carries any combination of parts designed or |
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1 | intended for
use in converting any weapon into a | ||||||
2 | machine gun, or any combination or
parts from which a | ||||||
3 | machine gun can be assembled if such parts are in the
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4 | possession or under the control of a person;
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5 | (ii) any rifle having one or
more barrels less than | ||||||
6 | 16 inches in length or a shotgun having one or more
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7 | barrels less than 18 inches in length or any weapon | ||||||
8 | made from a rifle or
shotgun, whether by alteration, | ||||||
9 | modification, or otherwise, if such a weapon
as | ||||||
10 | modified has an overall length of less than 26 inches; | ||||||
11 | or
| ||||||
12 | (iii) any
bomb, bomb-shell, grenade, bottle or | ||||||
13 | other container containing an
explosive substance of | ||||||
14 | over one-quarter ounce for like purposes, such
as, but | ||||||
15 | not limited to, black powder bombs and Molotov | ||||||
16 | cocktails or
artillery projectiles; or
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17 | (8) Carries or possesses any firearm, stun gun or taser | ||||||
18 | or other
deadly weapon in any place which is licensed to | ||||||
19 | sell intoxicating
beverages, or at any public gathering | ||||||
20 | held pursuant to a license issued
by any governmental body | ||||||
21 | or any public gathering at which an admission
is charged, | ||||||
22 | excluding a place where a showing, demonstration or lecture
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23 | involving the exhibition of unloaded firearms is | ||||||
24 | conducted.
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25 | This subsection (a)(8) does not apply to any auction or | ||||||
26 | raffle of a firearm
held pursuant to
a license or permit |
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1 | issued by a governmental body, nor does it apply to persons
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2 | engaged
in firearm safety training courses; or
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3 | (9) Carries or possesses in a vehicle or on or about | ||||||
4 | his person any
pistol, revolver, stun gun or taser or | ||||||
5 | firearm or ballistic knife, when
he is hooded, robed or | ||||||
6 | masked in such manner as to conceal his identity; or
| ||||||
7 | (10) Carries or possesses on or about his person, upon | ||||||
8 | any public street,
alley, or other public lands within the | ||||||
9 | corporate limits of a city, village
or incorporated town, | ||||||
10 | except when an invitee thereon or therein, for the
purpose | ||||||
11 | of the display of such weapon or the lawful commerce in | ||||||
12 | weapons, or
except when on his land or in his own abode, | ||||||
13 | legal dwelling, or fixed place of business, or on the land | ||||||
14 | or in the legal dwelling of another person as an invitee | ||||||
15 | with that person's permission, any
pistol, revolver, stun | ||||||
16 | gun or taser or other firearm, except that this
subsection | ||||||
17 | (a) (10) does not apply to or affect transportation of | ||||||
18 | weapons that
meet 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.
| ||||||
25 | A "stun gun or taser", as used in this paragraph (a) | ||||||
26 | means (i) any device
which is powered by electrical |
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| |||||||
1 | charging units, such as, batteries, and
which fires one or | ||||||
2 | several barbs attached to a length of wire and
which, upon | ||||||
3 | hitting a human, can send out a current capable of | ||||||
4 | disrupting
the person's nervous system in such a manner as | ||||||
5 | to render him incapable of
normal functioning or (ii) any | ||||||
6 | device which is powered by electrical
charging units, such | ||||||
7 | as batteries, and which, upon contact with a human or
| ||||||
8 | clothing worn by a human, can send out current capable of | ||||||
9 | disrupting
the person's nervous system in such a manner as | ||||||
10 | to render him incapable
of normal functioning; or
| ||||||
11 | (11) Sells, manufactures or purchases any explosive | ||||||
12 | bullet. For purposes
of this paragraph (a) "explosive | ||||||
13 | bullet" means the projectile portion of
an ammunition | ||||||
14 | cartridge which contains or carries an explosive charge | ||||||
15 | which
will explode upon contact with the flesh of a human | ||||||
16 | or an animal.
"Cartridge" means a tubular metal case having | ||||||
17 | a projectile affixed at the
front thereof and a cap or | ||||||
18 | primer at the rear end thereof, with the
propellant | ||||||
19 | contained in such tube between the projectile and the cap; | ||||||
20 | or
| ||||||
21 | (12) (Blank); or
| ||||||
22 | (13) Carries or possesses on or about his or her person | ||||||
23 | while in a building occupied by a unit of government, a | ||||||
24 | billy club, other weapon of like character, or other | ||||||
25 | instrument of like character intended for use as a weapon. | ||||||
26 | For the purposes of this Section, "billy club" means a |
| |||||||
| |||||||
1 | short stick or club commonly carried by police officers | ||||||
2 | which is either telescopic or constructed of a solid piece | ||||||
3 | of wood or other man-made material. | ||||||
4 | (b) Sentence. A person convicted of a violation of | ||||||
5 | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| ||||||
6 | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | ||||||
7 | Class A
misdemeanor.
A person convicted of a violation of | ||||||
8 | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a | ||||||
9 | person
convicted of a violation of subsection 24-1(a)(6) or | ||||||
10 | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | ||||||
11 | convicted of a violation of subsection
24-1(a)(7)(i) commits a | ||||||
12 | Class 2 felony and shall be sentenced to a term of imprisonment | ||||||
13 | of not less than 3 years and not more than 7 years, unless the | ||||||
14 | weapon is possessed in the
passenger compartment of a motor | ||||||
15 | vehicle as defined in Section 1-146 of the
Illinois Vehicle | ||||||
16 | Code, or on the person, while the weapon is loaded, in which
| ||||||
17 | case it shall be a Class X felony. A person convicted of a
| ||||||
18 | second or subsequent violation of subsection 24-1(a)(4), | ||||||
19 | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 | ||||||
20 | felony. The possession of each weapon in violation of this | ||||||
21 | Section constitutes a single and separate violation.
| ||||||
22 | (c) Violations in specific places.
| ||||||
23 | (1) A person who violates subsection 24-1(a)(6) or | ||||||
24 | 24-1(a)(7) in any
school, regardless of the time of day or | ||||||
25 | the time of year, in residential
property owned, operated | ||||||
26 | or managed by a public housing agency or
leased by
a public |
| |||||||
| |||||||
1 | housing agency as part of a scattered site or mixed-income
| ||||||
2 | development, in a
public park, in a courthouse, on the real | ||||||
3 | property comprising any school,
regardless of the
time of | ||||||
4 | day or the time of year, on residential property owned, | ||||||
5 | operated
or
managed by a public housing agency
or leased by | ||||||
6 | a public housing agency as part of a scattered site or
| ||||||
7 | mixed-income development,
on the real property comprising | ||||||
8 | any
public park, on the real property comprising any | ||||||
9 | courthouse, in any conveyance
owned, leased or contracted | ||||||
10 | by a school to
transport students to or from school or a | ||||||
11 | school related activity, in any conveyance
owned, leased, | ||||||
12 | or contracted by a public transportation agency, or on any
| ||||||
13 | public way within 1,000 feet of the real property | ||||||
14 | comprising any school,
public park, courthouse, public | ||||||
15 | transportation facility, or residential property owned, | ||||||
16 | operated, or managed
by a public housing agency
or leased | ||||||
17 | by a public housing agency as part of a scattered site or
| ||||||
18 | mixed-income development
commits a Class 2 felony and shall | ||||||
19 | be sentenced to a term of imprisonment of not less than 3 | ||||||
20 | years and not more than 7 years.
| ||||||
21 | (1.5) A person who violates subsection 24-1(a)(4), | ||||||
22 | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | ||||||
23 | time of day or the time of year,
in residential property | ||||||
24 | owned, operated, or managed by a public
housing
agency
or | ||||||
25 | leased by a public housing agency as part of a scattered | ||||||
26 | site or
mixed-income development,
in
a public
park, in a |
| |||||||
| |||||||
1 | courthouse, on the real property comprising any school, | ||||||
2 | regardless
of the time of day or the time of year, on | ||||||
3 | residential property owned,
operated, or managed by a | ||||||
4 | public housing agency
or leased by a public housing agency | ||||||
5 | as part of a scattered site or
mixed-income development,
on | ||||||
6 | the real property
comprising any public park, on the real | ||||||
7 | property comprising any courthouse, in
any conveyance | ||||||
8 | owned, leased, or contracted by a school to transport | ||||||
9 | students
to or from school or a school related activity, in | ||||||
10 | any conveyance
owned, leased, or contracted by a public | ||||||
11 | transportation agency, or on any public way within
1,000 | ||||||
12 | feet of the real property comprising any school, public | ||||||
13 | park, courthouse,
public transportation facility, or | ||||||
14 | residential property owned, operated, or managed by a | ||||||
15 | public
housing agency
or leased by a public housing agency | ||||||
16 | as part of a scattered site or
mixed-income development
| ||||||
17 | commits a Class 3 felony.
| ||||||
18 | (2) A person who violates subsection 24-1(a)(1), | ||||||
19 | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | ||||||
20 | time of day or the time of year, in
residential property | ||||||
21 | owned, operated or managed by a public housing
agency
or | ||||||
22 | leased by a public housing agency as part of a scattered | ||||||
23 | site or
mixed-income development,
in
a public park, in a | ||||||
24 | courthouse, on the real property comprising any school,
| ||||||
25 | regardless of the time of day or the time of year, on | ||||||
26 | residential property
owned, operated or managed by a public |
| |||||||
| |||||||
1 | housing agency
or leased by a public housing agency as part | ||||||
2 | of a scattered site or
mixed-income development,
on the | ||||||
3 | real property
comprising any public park, on the real | ||||||
4 | property comprising any courthouse, in
any conveyance | ||||||
5 | owned, leased or contracted by a school to transport | ||||||
6 | students
to or from school or a school related activity, in | ||||||
7 | any conveyance
owned, leased, or contracted by a public | ||||||
8 | transportation agency, or on any public way within
1,000 | ||||||
9 | feet of the real property comprising any school, public | ||||||
10 | park, courthouse,
public transportation facility, or | ||||||
11 | residential property owned, operated, or managed by a | ||||||
12 | public
housing agency or leased by a public housing agency | ||||||
13 | as part of a scattered
site or mixed-income development | ||||||
14 | commits a Class 4 felony. "Courthouse"
means any building | ||||||
15 | that is used by the Circuit, Appellate, or Supreme Court of
| ||||||
16 | this State for the conduct of official business.
| ||||||
17 | (2.5) A person convicted of a violation of subsection | ||||||
18 | 24-1(a)(4) or 24-1(a)(10) shall, in addition to any | ||||||
19 | penalties under this Section, be subject to a mental health | ||||||
20 | evaluation by a physician, qualified examiner, | ||||||
21 | psychiatrist, or clinical psychologist to determine | ||||||
22 | whether the person may be diagnosed with a mental health | ||||||
23 | disorder, verified by a diagnosis contained in the | ||||||
24 | Diagnostic and Statistical Manual of Mental | ||||||
25 | Disorders-Fourth Edition published by the American | ||||||
26 | Psychiatric Association (DSM-IV), or its successor, or |
| |||||||
| |||||||
1 | International Classification of Diseases, 9th Revision, | ||||||
2 | Clinical Modification (ICD-9-CM), or its successor, that | ||||||
3 | substantially impairs a person's cognitive, emotional, or | ||||||
4 | behavioral functioning, or any combination of those.
| ||||||
5 | (3) Paragraphs (1), (1.5), and (2) of this subsection | ||||||
6 | (c) shall not
apply to law
enforcement officers or security | ||||||
7 | officers of such school, college, or
university or to | ||||||
8 | students carrying or possessing firearms for use in | ||||||
9 | training
courses, parades, hunting, target shooting on | ||||||
10 | school ranges, or otherwise with
the consent of school | ||||||
11 | authorities and which firearms are transported unloaded
| ||||||
12 | enclosed in a suitable case, box, or transportation | ||||||
13 | package.
| ||||||
14 | (4) For the purposes of this subsection (c), "school" | ||||||
15 | means any public or
private elementary or secondary school, | ||||||
16 | community college, college, or
university.
| ||||||
17 | (5) For the purposes of this subsection (c), "public | ||||||
18 | transportation agency" means a public or private agency | ||||||
19 | that provides for the transportation or conveyance of
| ||||||
20 | persons by means available to the general public, except | ||||||
21 | for transportation
by automobiles not used for conveyance | ||||||
22 | of the general public as passengers; and "public | ||||||
23 | transportation facility" means a terminal or other place
| ||||||
24 | where one may obtain public transportation.
| ||||||
25 | (d) The presence in an automobile other than a public | ||||||
26 | omnibus of any
weapon, instrument or substance referred to in |
| |||||||
| |||||||
1 | subsection (a)(7) is
prima facie evidence that it is in the | ||||||
2 | possession of, and is being
carried by, all persons occupying | ||||||
3 | such automobile at the time such
weapon, instrument or | ||||||
4 | substance is found, except under the following
circumstances: | ||||||
5 | (i) if such weapon, instrument or instrumentality is
found upon | ||||||
6 | the person of one of the occupants therein; or (ii) if such
| ||||||
7 | weapon, instrument or substance is found in an automobile | ||||||
8 | operated for
hire by a duly licensed driver in the due, lawful | ||||||
9 | and proper pursuit of
his trade, then such presumption shall | ||||||
10 | not apply to the driver.
| ||||||
11 | (e) Exemptions. Crossbows, Common or Compound bows and | ||||||
12 | Underwater
Spearguns are exempted from the definition of | ||||||
13 | ballistic knife as defined in
paragraph (1) of subsection (a) | ||||||
14 | of this Section.
| ||||||
15 | (Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09; | ||||||
16 | 95-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09; | ||||||
17 | 96-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)
| ||||||
18 | (720 ILCS 5/24-1.6) | ||||||
19 | Sec. 24-1.6. Aggravated unlawful use of a weapon. | ||||||
20 | (a) A person commits the offense of aggravated unlawful use | ||||||
21 | of a weapon when
he or she knowingly: | ||||||
22 | (1) Carries on or about his or her person or in any | ||||||
23 | vehicle or concealed
on or about his or her person except | ||||||
24 | when on his or her land or in his or her
abode, legal | ||||||
25 | dwelling, or fixed place of business, or on the land or in |
| |||||||
| |||||||
1 | the legal dwelling of another person as an invitee with | ||||||
2 | that person's permission, any pistol, revolver, stun gun or | ||||||
3 | taser or
other firearm; or | ||||||
4 | (2) Carries or possesses on or about his or her person, | ||||||
5 | upon any public
street, alley, or other public lands within | ||||||
6 | the corporate limits of a city,
village or incorporated | ||||||
7 | town, except when an invitee thereon or therein, for
the | ||||||
8 | purpose of the display of such weapon or the lawful | ||||||
9 | commerce in weapons, or
except when on his or her own land | ||||||
10 | or in his or her own abode, legal dwelling, or fixed place | ||||||
11 | of
business, or on the land or in the legal dwelling of | ||||||
12 | another person as an invitee with that person's permission, | ||||||
13 | any pistol, revolver, stun gun or taser or other firearm; | ||||||
14 | and | ||||||
15 | (3) One of the following factors is present: | ||||||
16 | (A) the firearm, other than a pistol, revolver, or | ||||||
17 | handgun, possessed was uncased, loaded, and | ||||||
18 | immediately accessible
at the time of the offense; or | ||||||
19 | (A-5) the pistol, revolver, or handgun possessed | ||||||
20 | was uncased, loaded, and immediately accessible
at the | ||||||
21 | time of the offense and the person possessing the | ||||||
22 | pistol, revolver, or handgun has not been issued a | ||||||
23 | currently valid license under the Firearm Concealed | ||||||
24 | Carry Act; or | ||||||
25 | (B) the firearm, other than a pistol, revolver, or | ||||||
26 | handgun, possessed was uncased, unloaded, and the |
| |||||||
| |||||||
1 | ammunition for
the weapon was immediately accessible | ||||||
2 | at the time of the offense; or | ||||||
3 | (B-5) the pistol, revolver, or handgun possessed | ||||||
4 | was uncased, unloaded, and the ammunition for
the | ||||||
5 | weapon was immediately accessible at the time of the | ||||||
6 | offense and the person possessing the pistol, | ||||||
7 | revolver, or handgun has not been issued a currently | ||||||
8 | valid license under the Firearm Concealed Carry Act; or | ||||||
9 | (C) the person possessing the firearm has not been | ||||||
10 | issued a currently
valid Firearm Owner's | ||||||
11 | Identification Card; or | ||||||
12 | (D) the person possessing the weapon was | ||||||
13 | previously adjudicated
a delinquent minor under the | ||||||
14 | Juvenile Court Act of 1987 for an act that if
committed | ||||||
15 | by an adult would be a felony; or | ||||||
16 | (E) the person possessing the weapon was engaged in | ||||||
17 | a misdemeanor
violation of the Cannabis
Control Act, in | ||||||
18 | a misdemeanor violation of the Illinois Controlled | ||||||
19 | Substances
Act, or in a misdemeanor violation of the | ||||||
20 | Methamphetamine Control and Community Protection Act; | ||||||
21 | or | ||||||
22 | (F) (blank); or | ||||||
23 | (G) the person possessing the weapon had a order of | ||||||
24 | protection issued
against him or her within the | ||||||
25 | previous 2 years; or | ||||||
26 | (H) the person possessing the weapon was engaged in |
| |||||||
| |||||||
1 | the commission or
attempted commission of
a | ||||||
2 | misdemeanor involving the use or threat of violence | ||||||
3 | against
the person or property of another; or | ||||||
4 | (I) the person possessing the weapon was under 21 | ||||||
5 | years of age and in
possession of a handgun, unless the | ||||||
6 | person under 21
is engaged in lawful activities under | ||||||
7 | the Wildlife Code or described in
subsection | ||||||
8 | 24-2(b)(1), (b)(3), or 24-2(f). | ||||||
9 | (a-5) "Handgun" as used in this Section has the meaning | ||||||
10 | given to it in Section 5 of the Firearm Concealed Carry Act. | ||||||
11 | (b) "Stun gun or taser" as used in this Section has the | ||||||
12 | same definition
given to it in Section 24-1 of this Code. | ||||||
13 | (c) This Section does not apply to or affect the | ||||||
14 | transportation or
possession
of weapons that: | ||||||
15 | (i) are broken down in a non-functioning state; or | ||||||
16 | (ii) are not immediately accessible; or | ||||||
17 | (iii) are unloaded and enclosed in a case, firearm | ||||||
18 | carrying box,
shipping box, or other container by a person | ||||||
19 | who has been issued a currently
valid Firearm Owner's
| ||||||
20 | Identification Card. | ||||||
21 | (d) Sentence. | ||||||
22 | (1) Aggravated unlawful use of a weapon is a Class 4 | ||||||
23 | felony;
a second or subsequent offense is a Class 2 felony | ||||||
24 | for which the person shall be sentenced to a term of | ||||||
25 | imprisonment of not less than 3 years and not more than 7 | ||||||
26 | years. |
| |||||||
| |||||||
1 | (2) Except as otherwise provided in paragraphs (3) and | ||||||
2 | (4) of this subsection (d), a first offense of aggravated | ||||||
3 | unlawful use of a weapon committed with a firearm by a | ||||||
4 | person 18 years of age or older where the factors listed in | ||||||
5 | both items (A) and (C) or both items (A-5) and (C) of | ||||||
6 | paragraph (3) of subsection (a) are present is a Class 4 | ||||||
7 | felony, for which the person shall be sentenced to a term | ||||||
8 | of imprisonment of not less than one year and not more than | ||||||
9 | 3 years. | ||||||
10 | (3) Aggravated unlawful use of
a weapon by a person who | ||||||
11 | has been previously
convicted of a felony in this State or | ||||||
12 | another jurisdiction is a Class 2
felony for which the | ||||||
13 | person shall be sentenced to a term of imprisonment of not | ||||||
14 | less than 3 years and not more than 7 years. | ||||||
15 | (4) Aggravated unlawful use of a weapon while wearing | ||||||
16 | or in possession of body armor as defined in Section 33F-1 | ||||||
17 | by a person who has not been issued a valid Firearms | ||||||
18 | Owner's Identification Card in accordance with Section 5 of | ||||||
19 | the Firearm Owners Identification Card Act is a Class X | ||||||
20 | felony.
| ||||||
21 | (5) A person convicted of a violation of this Section | ||||||
22 | shall, in addition to any penalties under this Section, be | ||||||
23 | subject to a mental health evaluation by a physician, | ||||||
24 | qualified examiner, psychiatrist, or clinical psychologist | ||||||
25 | to determine whether the person may be diagnosed with a | ||||||
26 | mental health disorder, verified by a diagnosis contained |
| |||||||
| |||||||
1 | in the Diagnostic and Statistical Manual of Mental | ||||||
2 | Disorders-Fourth Edition published by the American | ||||||
3 | Psychiatric Association (DSM-IV), or its successor, or | ||||||
4 | International Classification of Diseases, 9th Revision, | ||||||
5 | Clinical Modification (ICD-9-CM), or its successor, that | ||||||
6 | substantially impairs a person's cognitive, emotional, or | ||||||
7 | behavioral functioning, or any combination of those. | ||||||
8 | (e) The possession of each firearm in violation of this | ||||||
9 | Section constitutes a single and separate violation. | ||||||
10 | (Source: P.A. 98-63, eff. 7-9-13.)
|