Sen. Dale A. Righter
Filed: 4/4/2011
 
 

 

 

 
09700SB1464sam001LRB097 07010 RLC 53813 a



1
AMENDMENT TO SENATE BILL 1464 




2    AMENDMENT NO. ______. Amend Senate Bill 1464 by replacing 
3everything after the enacting clause with the following:


 
 
4    "Section 5. The Criminal Code of 1961 is amended  by 
5changing 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 
9of 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
 
 
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1        (2) Carries or possesses on or about his or her person, 
2    upon any public
street, alley, or other public lands within 
3    the corporate limits of a city,
village or incorporated 
4    town, except when an invitee thereon or therein, for
the 
5    purpose of the display of such weapon or the lawful 
6    commerce in weapons, or
except when on his or her own land 
7    or in his or her own abode, legal dwelling, or fixed place 
8    of
business, or on the land or in the legal dwelling of 
9    another person as an invitee with that person's permission, 
10    any pistol, revolver, stun gun or taser or other firearm; 
11    and
12        (3) One of the following factors is present:
13            (A) the firearm possessed was uncased, loaded and 
14        immediately accessible
at the time of the offense; or
15            (B) the firearm possessed was uncased, unloaded 
16        and the ammunition for
the weapon was immediately 
17        accessible at the time of the offense; or
18            (C) the person possessing the firearm has not been 
19        issued a currently
valid Firearm Owner's 
20        Identification Card; or
21            (D) the person possessing the weapon was 
22        previously adjudicated
a delinquent minor under the 
23        Juvenile Court Act of 1987 for an act that if
committed 
24        by an adult would be a felony; or
25            (E) the person possessing the weapon was engaged in 
26        a misdemeanor
violation of the Cannabis
Control Act, in 
 
 
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1        a misdemeanor violation of the Illinois Controlled 
2        Substances
Act, or in a misdemeanor violation of the 
3        Methamphetamine Control and Community Protection Act; 
4        or
5            (F) (blank); or
6            (G) the person possessing the weapon had a order of 
7        protection issued
against him or her within the 
8        previous 2 years; or
9            (H) the person possessing the weapon was engaged in 
10        the commission or
attempted commission of
a 
11        misdemeanor involving the use  or threat of violence 
12        against
the person or property of another; or
13            (I) the person possessing the weapon was under 21 
14        years of age and in
possession of a handgun as defined 
15        in Section 24-3, unless the person under 21
is engaged 
16        in lawful activities under the Wildlife Code or 
17        described in
subsection 24-2(b)(1), (b)(3), or 
18        24-2(f).
19    (b) "Stun gun or taser" as used in this Section has the 
20same definition
given to it in Section 24-1 of this Code.
21    (c) This Section does not apply to or affect the 
22transportation or
possession
of weapons that:
23            (i) are broken down in a non-functioning state; or
24            (ii) are not immediately accessible; or
25            (iii) are unloaded and enclosed in a case, firearm 
26        carrying box,
shipping box, or other container by a 
 
 
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1        person who has been issued a currently
valid Firearm 
2        Owner's
Identification Card.
3    (d) Sentence.
4         (1) Aggravated unlawful use of a weapon is a Class 4 
5    felony;
a second or subsequent offense is a Class 2 felony 
6    for which the person shall be sentenced to a term of 
7    imprisonment of not less than 3 years and not more than 7 
8    years.  
9        (2)  Except as otherwise provided in paragraphs (3) and 
10    (4) of this subsection (d), a first offense of aggravated 
11    unlawful use of a weapon committed with a firearm by a 
12    person 18 years of age or older, who as an Illinois 
13    resident has not been issued a currently valid Firearm 
14    Owner's Identification Card, or any similar permit or 
15    license to own, possess, or carry a firearm as a 
16    non-resident, where the factors listed in both items (A) 
17    and (C) of paragraph (3) of subsection (a) are present is a 
18    Class 4 felony, for which the person shall be sentenced to 
19    a term of imprisonment of not less than one year and not 
20    more than 3 years.
21        (3) Aggravated unlawful use of
a weapon by a person who 
22    has been previously
convicted of a felony in this State or 
23    another jurisdiction is a Class 2
felony for which the 
24    person shall be sentenced to a term of imprisonment of not 
25    less than 3 years and not more than 7 years. 
26        (4) Aggravated unlawful use of a weapon while wearing 
 
 
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1    or in possession of body armor as defined in Section 33F-1 
2    by a person who has not been issued a valid Firearms 
3    Owner's Identification Card in accordance with Section 5 of 
4    the Firearm Owners Identification Card Act is a Class X 
5    felony.

6    (e) The possession of each firearm in violation of this 
7Section constitutes a single and separate violation.
8(Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09; 
996-829, eff. 12-3-09; 96-1107, eff. 1-1-11.)
 
 
10    Section 99. Effective date. This Act takes effect upon 
11becoming law.".