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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 | ||||||||||||||||||||||||||
5 | changing Sections 24-1 and 24-5 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 | ||||||||||||||||||||||||||
9 | weapons 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 | ||||||||||||||||||||||||||
14 | knife, commonly referred to as a switchblade knife, which | ||||||||||||||||||||||||||
15 | has a
blade that opens automatically by hand pressure | ||||||||||||||||||||||||||
16 | applied to a button,
spring or other device in the handle | ||||||||||||||||||||||||||
17 | of the knife, or a ballistic knife,
which is a device that | ||||||||||||||||||||||||||
18 | propels a knifelike blade as a projectile by means
of a | ||||||||||||||||||||||||||
19 | coil 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
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2 | (2.5) Carries or possesses with intent to use the same | ||||||
3 | unlawfully against another, any firearm in a church, | ||||||
4 | synagogue, mosque, or other building, structure, or place | ||||||
5 | used for religious worship; or | ||||||
6 | (3) Carries on or about his person or in any vehicle, a | ||||||
7 | tear gas gun
projector or bomb or any object containing | ||||||
8 | noxious liquid gas or
substance, other than an object | ||||||
9 | containing a non-lethal noxious liquid gas
or substance | ||||||
10 | designed solely for personal defense carried by a person | ||||||
11 | 18
years of age or older; or
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12 | (4) Carries or possesses in any vehicle or concealed | ||||||
13 | on or about his
person except when on his land or in his | ||||||
14 | own abode, legal dwelling, or fixed place of
business, or | ||||||
15 | on the land or in the legal dwelling of another person as | ||||||
16 | an invitee with that person's permission, any pistol, | ||||||
17 | revolver, stun gun or taser or other firearm, except
that
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18 | this subsection (a) (4) does not apply to or affect | ||||||
19 | transportation of weapons
that meet one of the following | ||||||
20 | conditions:
| ||||||
21 | (i) are broken down in a non-functioning state; or
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22 | (ii) are not immediately accessible; or
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23 | (iii) are unloaded and enclosed in a case, firearm | ||||||
24 | carrying box,
shipping box, or other container by a | ||||||
25 | person who has been issued a currently
valid Firearm | ||||||
26 | Owner's
Identification Card; or |
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1 | (iv) are carried or possessed in accordance with | ||||||
2 | the Firearm Concealed Carry Act by a person who has | ||||||
3 | been issued a currently valid license under the | ||||||
4 | Firearm Concealed Carry Act; or
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5 | (5) Sets a spring gun; or
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6 | (6) Possesses any device or attachment of any kind | ||||||
7 | designed, used or
intended for use in silencing the report | ||||||
8 | of any firearm; or
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9 | (7) Sells, manufactures, purchases, possesses or | ||||||
10 | carries:
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11 | (i) a machine gun, which shall be defined for the | ||||||
12 | purposes of this
subsection as any weapon,
which | ||||||
13 | shoots, is designed to shoot, or can be readily | ||||||
14 | restored to shoot,
automatically more than one shot | ||||||
15 | without manually reloading by a single
function of the | ||||||
16 | trigger, including the frame or receiver
of any such | ||||||
17 | weapon, or sells, manufactures, purchases, possesses, | ||||||
18 | or
carries any combination of parts designed or | ||||||
19 | intended for
use in converting any weapon into a | ||||||
20 | machine gun, or any combination or
parts from which a | ||||||
21 | machine gun can be assembled if such parts are in the
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22 | possession or under the control of a person;
| ||||||
23 | (ii) any rifle having one or
more barrels less | ||||||
24 | than 16 inches in length or a shotgun having one or | ||||||
25 | more
barrels less than 18 inches in length or any | ||||||
26 | weapon made from a rifle or
shotgun, whether by |
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1 | alteration, modification, or otherwise, if such a | ||||||
2 | weapon
as modified has an overall length of less than | ||||||
3 | 26 inches; or
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4 | (iii) any
bomb, bomb-shell, grenade, bottle or | ||||||
5 | other container containing an
explosive substance of | ||||||
6 | over one-quarter ounce for like purposes, such
as, but | ||||||
7 | not limited to, black powder bombs and Molotov | ||||||
8 | cocktails or
artillery projectiles; or
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9 | (iv) any firearm manufactured on or after January | ||||||
10 | 1, 2022 that is not microstamp-ready, or any firearm | ||||||
11 | manufactured on or after that date if the person knows | ||||||
12 | that a microstamping mechanism has been unlawfully | ||||||
13 | removed from that firearm. "Microstamp-ready", as used | ||||||
14 | in this paragraph, means that the firearm is | ||||||
15 | manufactured to produce a unique alphanumeric or | ||||||
16 | geometric code on at least 2 locations on each | ||||||
17 | expended cartridge case that identifies the make, | ||||||
18 | model, and serial number of the firearm. | ||||||
19 | "Microstamping mechanism", as used in this paragraph, | ||||||
20 | means a mechanism of the firearm designed and intended | ||||||
21 | to produce a unique alphanumeric or geometric code on | ||||||
22 | an expended cartridge that identifies the make, model, | ||||||
23 | and serial number of the firearm; or | ||||||
24 | (8) Carries or possesses any firearm, stun gun or | ||||||
25 | taser or other
deadly weapon in any place which is | ||||||
26 | licensed to sell intoxicating
beverages, or at any public |
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1 | gathering held pursuant to a license issued
by any | ||||||
2 | governmental body or any public gathering at which an | ||||||
3 | admission
is charged, excluding a place where a showing, | ||||||
4 | demonstration or lecture
involving the exhibition of | ||||||
5 | unloaded firearms is conducted.
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6 | This subsection (a)(8) does not apply to any auction | ||||||
7 | or raffle of a firearm
held pursuant to
a license or permit | ||||||
8 | issued by a governmental body, nor does it apply to | ||||||
9 | persons
engaged
in firearm safety training courses; or
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10 | (9) Carries or possesses in a vehicle or on or about | ||||||
11 | his or her person any
pistol, revolver, stun gun or taser | ||||||
12 | or firearm or ballistic knife, when
he or she is hooded, | ||||||
13 | robed or masked in such manner as to conceal his or her | ||||||
14 | identity; or
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15 | (10) Carries or possesses on or about his or her | ||||||
16 | person, upon any public street,
alley, or other public | ||||||
17 | lands within the corporate limits of a city, village,
or | ||||||
18 | incorporated town, except when an invitee thereon or | ||||||
19 | therein, for the
purpose of the display of such weapon or | ||||||
20 | the lawful commerce in weapons, or
except when on his land | ||||||
21 | or in his or her own abode, legal dwelling, or fixed place | ||||||
22 | of business, or on the land or in the legal dwelling of | ||||||
23 | another person as an invitee with that person's | ||||||
24 | permission, any
pistol, revolver, stun gun, or taser or | ||||||
25 | other firearm, except that this
subsection (a) (10) does | ||||||
26 | not apply to or affect transportation of weapons that
meet |
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1 | one of the following conditions:
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2 | (i) are broken down in a non-functioning state; or
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3 | (ii) are not immediately accessible; or
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4 | (iii) are unloaded and enclosed in a case, firearm | ||||||
5 | carrying box,
shipping box, or other container by a | ||||||
6 | person who has been issued a currently
valid Firearm | ||||||
7 | Owner's
Identification Card; or
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8 | (iv) are carried or possessed in accordance with | ||||||
9 | the Firearm Concealed Carry Act by a person who has | ||||||
10 | been issued a currently valid license under the | ||||||
11 | Firearm Concealed Carry Act. | ||||||
12 | A "stun gun or taser", as used in this paragraph (a) | ||||||
13 | means (i) any device
which is powered by electrical | ||||||
14 | charging units, such as, batteries, and
which fires one or | ||||||
15 | several barbs attached to a length of wire and
which, upon | ||||||
16 | hitting a human, can send out a current capable of | ||||||
17 | disrupting
the person's nervous system in such a manner as | ||||||
18 | to render him incapable of
normal functioning or (ii) any | ||||||
19 | device which is powered by electrical
charging units, such | ||||||
20 | as batteries, and which, upon contact with a human or
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21 | clothing worn by a human, can send out current capable of | ||||||
22 | disrupting
the person's nervous system in such a manner as | ||||||
23 | to render him incapable
of normal functioning; or
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24 | (11) Sells, manufactures, or purchases any explosive | ||||||
25 | bullet. For purposes
of this paragraph (a) "explosive | ||||||
26 | bullet" means the projectile portion of
an ammunition |
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1 | cartridge which contains or carries an explosive charge | ||||||
2 | which
will explode upon contact with the flesh of a human | ||||||
3 | or an animal.
"Cartridge" means a tubular metal case | ||||||
4 | having a projectile affixed at the
front thereof and a cap | ||||||
5 | or primer at the rear end thereof, with the
propellant | ||||||
6 | contained in such tube between the projectile and the cap; | ||||||
7 | or
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8 | (12) (Blank); or
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9 | (13) Carries or possesses on or about his or her | ||||||
10 | person while in a building occupied by a unit of | ||||||
11 | government, a billy club, other weapon of like character, | ||||||
12 | or other instrument of like character intended for use as | ||||||
13 | a weapon. For the purposes of this Section, "billy club" | ||||||
14 | means a short stick or club commonly carried by police | ||||||
15 | officers which is either telescopic or constructed of a | ||||||
16 | solid piece of wood or other man-made material. | ||||||
17 | (b) Sentence. A person convicted of a violation of | ||||||
18 | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
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19 | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | ||||||
20 | Class A
misdemeanor.
A person convicted of a violation of | ||||||
21 | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; | ||||||
22 | a person
convicted of a violation of subsection 24-1(a)(6) or | ||||||
23 | 24-1(a)(7)(ii) , or (iii) , or (iv)
commits a Class 3 felony. A | ||||||
24 | person convicted of a violation of subsection
24-1(a)(7)(i) | ||||||
25 | commits a Class 2 felony and shall be sentenced to a term of | ||||||
26 | imprisonment of not less than 3 years and not more than 7 |
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1 | years, unless the weapon is possessed in the
passenger | ||||||
2 | compartment of a motor vehicle as defined in Section 1-146 of | ||||||
3 | the
Illinois Vehicle Code, or on the person, while the weapon | ||||||
4 | is loaded, in which
case it shall be a Class X felony. A person | ||||||
5 | convicted of a
second or subsequent violation of subsection | ||||||
6 | 24-1(a)(4), 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a | ||||||
7 | Class 3 felony. A person convicted of a violation of | ||||||
8 | subsection 24-1(a)(2.5) commits a Class 2 felony. The | ||||||
9 | possession of each weapon in violation of this Section | ||||||
10 | constitutes a single and separate violation.
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11 | (c) Violations in specific places.
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12 | (1) A person who violates subsection 24-1(a)(6) or | ||||||
13 | 24-1(a)(7) in any
school, regardless of the time of day or | ||||||
14 | the time of year, in residential
property owned, operated | ||||||
15 | or managed by a public housing agency or
leased by
a public | ||||||
16 | housing agency as part of a scattered site or mixed-income
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17 | development, in a
public park, in a courthouse, on the | ||||||
18 | real property comprising any school,
regardless of the
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19 | time of day or the time of year, on residential property | ||||||
20 | owned, operated
or
managed by a public housing agency
or | ||||||
21 | leased by a public housing agency as part of a scattered | ||||||
22 | site or
mixed-income development,
on the real property | ||||||
23 | comprising any
public park, on the real property | ||||||
24 | comprising any courthouse, in any conveyance
owned, leased | ||||||
25 | or contracted by a school to
transport students to or from | ||||||
26 | school or a school related activity, in any conveyance
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1 | owned, leased, or contracted by a public transportation | ||||||
2 | agency, or on any
public way within 1,000 feet of the real | ||||||
3 | property comprising any school,
public park, courthouse, | ||||||
4 | public transportation facility, or 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
commits a Class 2 felony | ||||||
8 | and shall be sentenced to a term of imprisonment of not | ||||||
9 | less than 3 years and not more than 7 years.
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10 | (1.5) A person who violates subsection 24-1(a)(4), | ||||||
11 | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of | ||||||
12 | the time of day or the time of year,
in residential | ||||||
13 | property owned, operated, or managed by a public
housing
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14 | agency
or leased by a public housing agency as part of a | ||||||
15 | scattered site or
mixed-income development,
in
a public
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16 | park, in a courthouse, on the real property comprising any | ||||||
17 | school, regardless
of the time of day or the time of year, | ||||||
18 | on residential property owned,
operated, or managed by a | ||||||
19 | public housing agency
or leased by a public housing agency | ||||||
20 | as part of a scattered site or
mixed-income development,
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21 | on the real property
comprising any public park, on the | ||||||
22 | real property comprising any courthouse, in
any conveyance | ||||||
23 | owned, leased, or contracted by a school to transport | ||||||
24 | students
to or from school or a school related activity, | ||||||
25 | in any conveyance
owned, leased, or contracted by a public | ||||||
26 | transportation agency, or on any public way within
1,000 |
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1 | feet of the real property comprising any school, public | ||||||
2 | park, courthouse,
public transportation facility, or | ||||||
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
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6 | commits a Class 3 felony.
| ||||||
7 | (2) A person who violates subsection 24-1(a)(1), | ||||||
8 | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | ||||||
9 | time of day or the time of year, in
residential property | ||||||
10 | owned, operated or managed by a public housing
agency
or | ||||||
11 | leased by a public housing agency as part of a scattered | ||||||
12 | site or
mixed-income development,
in
a public park, in a | ||||||
13 | courthouse, on the real property comprising any school,
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14 | regardless of the time of day or the time of year, on | ||||||
15 | residential property
owned, operated or managed by a | ||||||
16 | public housing agency
or leased by a public housing agency | ||||||
17 | as part of a scattered site or
mixed-income development,
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18 | on the real property
comprising any public park, on the | ||||||
19 | real property comprising any courthouse, in
any conveyance | ||||||
20 | owned, leased or contracted by a school to transport | ||||||
21 | students
to or from school or a school related activity, | ||||||
22 | in any conveyance
owned, leased, or contracted by a public | ||||||
23 | transportation agency, or on any public way within
1,000 | ||||||
24 | feet of the real property comprising any school, public | ||||||
25 | park, courthouse,
public transportation facility, or | ||||||
26 | residential property owned, operated, or managed by a |
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1 | public
housing agency or leased by a public housing agency | ||||||
2 | as part of a scattered
site or mixed-income development | ||||||
3 | commits a Class 4 felony. "Courthouse"
means any building | ||||||
4 | that is used by the Circuit, Appellate, or Supreme Court | ||||||
5 | of
this State for the conduct of official business.
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6 | (3) Paragraphs (1), (1.5), and (2) of this subsection | ||||||
7 | (c) shall not
apply to law
enforcement officers or | ||||||
8 | security officers of such school, college, or
university | ||||||
9 | or to students carrying or possessing firearms for use in | ||||||
10 | training
courses, parades, hunting, target shooting on | ||||||
11 | school ranges, or otherwise with
the consent of school | ||||||
12 | authorities and which firearms are transported unloaded
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13 | enclosed in a suitable case, box, or transportation | ||||||
14 | package.
| ||||||
15 | (4) For the purposes of this subsection (c), "school" | ||||||
16 | means any public or
private elementary or secondary | ||||||
17 | school, community college, college, or
university.
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18 | (5) For the purposes of this subsection (c), "public | ||||||
19 | transportation agency" means a public or private agency | ||||||
20 | that provides for the transportation or conveyance of
| ||||||
21 | persons by means available to the general public, except | ||||||
22 | for transportation
by automobiles not used for conveyance | ||||||
23 | of the general public as passengers; and "public | ||||||
24 | transportation facility" means a terminal or other place
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25 | where one may obtain public transportation.
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26 | (d) The presence in an automobile other than a public |
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1 | omnibus of any
weapon, instrument or substance referred to in | ||||||
2 | subsection (a)(7) is
prima facie evidence that it is in the | ||||||
3 | possession of, and is being
carried by, all persons occupying | ||||||
4 | such automobile at the time such
weapon, instrument or | ||||||
5 | substance is found, except under the following
circumstances: | ||||||
6 | (i) if such weapon, instrument or instrumentality is
found | ||||||
7 | upon the person of one of the occupants therein; or (ii) if | ||||||
8 | such
weapon, instrument or substance is found in an automobile | ||||||
9 | operated for
hire by a duly licensed driver in the due, lawful | ||||||
10 | and proper pursuit of
his or her trade, then such presumption | ||||||
11 | shall not apply to the driver.
| ||||||
12 | (e) Exemptions. | ||||||
13 | (1) Crossbows, Common or Compound bows and Underwater
| ||||||
14 | Spearguns are exempted from the definition of ballistic | ||||||
15 | knife as defined in
paragraph (1) of subsection (a) of | ||||||
16 | this Section. | ||||||
17 | (2) The provision of paragraph (1) of subsection (a) | ||||||
18 | of this Section prohibiting the sale, manufacture, | ||||||
19 | purchase, possession, or carrying of any knife, commonly | ||||||
20 | referred to as a switchblade knife, which has a
blade that | ||||||
21 | opens automatically by hand pressure applied to a button,
| ||||||
22 | spring or other device in the handle of the knife, does not | ||||||
23 | apply to a person who possesses a currently valid Firearm | ||||||
24 | Owner's Identification Card previously issued in his or | ||||||
25 | her name by the Department of State Police or to a person | ||||||
26 | or an entity engaged in the business of selling or |
| |||||||
| |||||||
1 | manufacturing switchblade knives.
| ||||||
2 | (Source: P.A. 100-82, eff. 8-11-17; 101-223, eff. 1-1-20 .)
| ||||||
3 | (720 ILCS 5/24-5) (from Ch. 38, par. 24-5)
| ||||||
4 | Sec. 24-5. Defacing
identification marks or microstamping | ||||||
5 | mechanism of firearms. | ||||||
6 | (a) Any person who shall knowingly or intentionally | ||||||
7 | change, alter,
remove or obliterate the name of
the importer's | ||||||
8 | or manufacturer's serial number or the microstamping mechanism | ||||||
9 | of
any firearm commits a Class 2 felony.
| ||||||
10 | (b) A person who possesses any firearm upon which any such | ||||||
11 | importer's or manufacturer's serial number has been
changed, | ||||||
12 | altered, removed or obliterated commits a Class 3 felony.
| ||||||
13 | (c) Nothing in this Section shall prevent a person from | ||||||
14 | making repairs, replacement of parts, or other changes to a | ||||||
15 | firearm if those repairs, replacement of parts, or changes | ||||||
16 | cause the removal of the name of the maker, model, or other | ||||||
17 | marks of identification other than the serial number on the | ||||||
18 | firearm's frame or receiver or the code of the microstamping | ||||||
19 | mechanism . | ||||||
20 | (d) A prosecution for a violation of this Section may be | ||||||
21 | commenced within 6 years after the commission of the offense.
| ||||||
22 | (e) As used in this Section, "microstamping mechanism" has | ||||||
23 | the meaning given to that term in Section 24-1 of this Code. | ||||||
24 | (Source: P.A. 93-906, eff. 8-11-04.)
|