Public Act 096-1107
 
HB5832 EnrolledLRB096 19058 RLC 34449 b



    AN ACT concerning criminal law.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 



 
    Section 5. The Criminal Code of 1961 is amended  by changing 
Section 24-1.6 as follows:
 
    (720 ILCS 5/24-1.6)
    Sec. 24-1.6. Aggravated unlawful use of a weapon. 
    (a) A person commits the offense of aggravated unlawful use 
of a weapon when
he or she knowingly:
        (1) Carries on or about his or her person or in any 
    vehicle or concealed
on or about his or her person except 
    when on his or her land or in his or her
abode, legal 
    dwelling, or fixed place of business, or on the land or in 
    the legal dwelling of another person as an invitee with 
    that person's permission, any pistol, revolver, stun gun or 
    taser or
other firearm; or
        (2) Carries or possesses on or about his or her person, 
    upon any public
street, alley, or other public lands within 
    the corporate limits of a city,
village or incorporated 
    town, except when an invitee thereon or therein, for
the 
    purpose of the display of such weapon or the lawful 
    commerce in weapons, or
except when on his or her own land 
    or in his or her own abode, legal dwelling, or fixed place 
    of
business, or on the land or in the legal dwelling of 
    another person as an invitee with that person's permission, 
    any pistol, revolver, stun gun or taser or other firearm; 
    and
        (3) One of the following factors is present:
            (A) the firearm possessed was uncased, loaded and 
        immediately accessible
at the time of the offense; or
            (B) the firearm possessed was uncased, unloaded 
        and the ammunition for
the weapon was immediately 
        accessible at the time of the offense; or
            (C) the person possessing the firearm has not been 
        issued a currently
valid Firearm Owner's 
        Identification Card; or
            (D) the person possessing the weapon was 
        previously adjudicated
a delinquent minor under the 
        Juvenile Court Act of 1987 for an act that if
committed 
        by an adult would be a felony; or
            (E) the person possessing the weapon was engaged in 
        a misdemeanor
violation of the Cannabis
Control Act, in 
        a misdemeanor violation of the Illinois Controlled 
        Substances
Act, or in a misdemeanor violation of the 
        Methamphetamine Control and Community Protection Act; 
        or
            (F) (blank); or
            (G) the person possessing the weapon had a order of 
        protection issued
against him or her within the 
        previous 2 years; or
            (H) the person possessing the weapon was engaged in 
        the commission or
attempted commission of
a 
        misdemeanor involving the use  or threat of violence 
        against
the person or property of another; or
            (I) the person possessing the weapon was under 21 
        years of age and in
possession of a handgun as defined 
        in Section 24-3, unless the person under 21
is engaged 
        in lawful activities under the Wildlife Code or 
        described in
subsection 24-2(b)(1), (b)(3), or 
        24-2(f).
    (b) "Stun gun or taser" as used in this Section has the 
same definition
given to it in Section 24-1 of this Code.
    (c) This Section does not apply to or affect the 
transportation or
possession
of weapons that:
            (i) are broken down in a non-functioning state; or
            (ii) are not immediately accessible; or
            (iii) are unloaded and enclosed in a case, firearm 
        carrying box,
shipping box, or other container by a 
        person who has been issued a currently
valid Firearm 
        Owner's
Identification Card.
    (d) Sentence.
         (1) Aggravated unlawful use of a weapon is a Class 4 
    felony;
a second or subsequent offense is a Class 2 felony 
    for which the person shall be sentenced to a term of 
    imprisonment of not less than 3 years and not more than 7 
    years.  
        (2)  Except as otherwise provided in paragraphs (3) and 
    (4) of this subsection (d), a first offense of aggravated 
    unlawful use of a weapon committed with a firearm by a 
    person 18 years of age or older where the factors listed in 
    both items (A) and (C) of paragraph (3) of subsection (a) 
    are present is a Class 4 felony, for which the person shall 
    be sentenced to a term of imprisonment of not less than one 
    year and not more than 3 years.
        (3) Aggravated unlawful use of
a weapon by a person who 
    has been previously
convicted of a felony in this State or 
    another jurisdiction is a Class 2
felony for which the 
    person shall be sentenced to a term of imprisonment of not 
    less than 3 years and not more than 7 years. 
        (4) Aggravated unlawful use of a weapon while wearing 
    or in possession of body armor as defined in Section 33F-1 
    by a person who has not been issued a valid Firearms 
    Owner's Identification Card in accordance with Section 5 of 
    the Firearm Owners Identification Card Act is a Class X 
    felony.

    (e) The possession of each firearm in violation of this 
Section constitutes a single and separate violation.
(Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09; 
96-829, eff. 12-3-09.)