Full Text of HB3298 102nd General Assembly
HB3298 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB3298 Introduced 2/19/2021, by Rep. Lance Yednock SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/24-1 | from Ch. 38, par. 24-1 | 720 ILCS 5/24-1.6 | | 720 ILCS 5/24-2 | |
|
Amends the Criminal Code of 2012. Provides that a person who has been issued a currently
valid Firearm Owner's
Identification Card may transport in a vehicle an accessible rifle, shotgun, or other long gun without the weapon being broken down in a non-functioning state or without the weapon being enclosed in a case, firearm carrying box,
shipping box, or other container if the firearm is unloaded.
|
| |
| | A BILL FOR |
|
| | | HB3298 | | LRB102 13603 KMF 18952 b |
|
| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by | 5 | | changing Sections 24-1, 24-1.6, and 24-2 as follows:
| 6 | | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
| 7 | | Sec. 24-1. Unlawful use of weapons.
| 8 | | (a) A person commits the offense of unlawful use of | 9 | | weapons when
he knowingly:
| 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
| 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 |
| | | HB3298 | - 2 - | LRB102 13603 KMF 18952 b |
|
| 1 | | deadly weapon or instrument of like character; or
| 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
| 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
| 18 | | this subsection (a) (4) does not apply to or affect | 19 | | transportation of : | 20 | | (A) weapons , other than rifles, shotguns, or other | 21 | | long guns that are transported in a vehicle,
that meet | 22 | | one of the following conditions:
| 23 | | (i) are broken down in a non-functioning | 24 | | state; or
| 25 | | (ii) are not immediately accessible; or
| 26 | | (iii) are unloaded and enclosed in a case, |
| | | HB3298 | - 3 - | LRB102 13603 KMF 18952 b |
|
| 1 | | firearm carrying box,
shipping box, or other | 2 | | container by a person who has been issued a | 3 | | currently
valid Firearm Owner's
Identification | 4 | | Card; or | 5 | | (iv) are carried or possessed in accordance | 6 | | with the Firearm Concealed Carry Act by a person | 7 | | who has been issued a currently valid license | 8 | | under the Firearm Concealed Carry Act; or
| 9 | | (B) rifles, shotguns, or other long guns in a | 10 | | vehicle by a person who has been issued a currently
| 11 | | valid Firearm Owner's
Identification Card if the | 12 | | firearms are unloaded; or | 13 | | (5) Sets a spring gun; or
| 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
| 17 | | (7) Sells, manufactures, purchases, possesses or | 18 | | carries:
| 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 |
| | | HB3298 | - 4 - | LRB102 13603 KMF 18952 b |
|
| 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
| 4 | | possession or under the control of a person;
| 5 | | (ii) any rifle having one or
more barrels less | 6 | | than 16 inches in length or a shotgun having one or | 7 | | more
barrels less than 18 inches in length or any | 8 | | weapon made from a rifle or
shotgun, whether by | 9 | | alteration, modification, or otherwise, if such a | 10 | | weapon
as modified has an overall length of less than | 11 | | 26 inches; 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
| 17 | | (8) Carries or possesses any firearm, stun gun or | 18 | | taser or other
deadly weapon in any place which is | 19 | | licensed to sell intoxicating
beverages, or at any public | 20 | | gathering held pursuant to a license issued
by any | 21 | | governmental body or any public gathering at which an | 22 | | admission
is charged, excluding a place where a showing, | 23 | | demonstration or lecture
involving the exhibition of | 24 | | unloaded firearms is conducted.
| 25 | | This subsection (a)(8) does not apply to any auction | 26 | | or raffle of a firearm
held pursuant to
a license or permit |
| | | HB3298 | - 5 - | LRB102 13603 KMF 18952 b |
|
| 1 | | issued by a governmental body, nor does it apply to | 2 | | persons
engaged
in firearm safety training courses; or
| 3 | | (9) Carries or possesses in a vehicle or on or about | 4 | | his or her person any
pistol, revolver, stun gun or taser | 5 | | or firearm or ballistic knife, when
he or she is hooded, | 6 | | robed or masked in such manner as to conceal his or her | 7 | | identity; or
| 8 | | (10) Carries or possesses on or about his or her | 9 | | person, upon any public street,
alley, or other public | 10 | | lands within the corporate limits of a city, village,
or | 11 | | incorporated town, except when an invitee thereon or | 12 | | therein, for the
purpose of the display of such weapon or | 13 | | the lawful commerce in weapons, or
except when on his land | 14 | | or in his or her own abode, legal dwelling, or fixed place | 15 | | of business, or on the land or in the legal dwelling of | 16 | | another person as an invitee with that person's | 17 | | permission, any
pistol, revolver, stun gun, or taser or | 18 | | other firearm, except that this
subsection (a) (10) does | 19 | | not apply to or affect transportation of weapons as | 20 | | provided in subsection 24-1(a)(4)(B) or that
meet one of | 21 | | the following conditions:
| 22 | | (i) are broken down in a non-functioning state; or
| 23 | | (ii) are not immediately accessible; or
| 24 | | (iii) are unloaded and enclosed in a case, firearm | 25 | | carrying box,
shipping box, or other container by a | 26 | | person who has been issued a currently
valid Firearm |
| | | HB3298 | - 6 - | LRB102 13603 KMF 18952 b |
|
| 1 | | Owner's
Identification Card; or
| 2 | | (iv) are carried or possessed in accordance with | 3 | | the Firearm Concealed Carry Act by a person who has | 4 | | been issued a currently valid license under the | 5 | | Firearm Concealed Carry Act. | 6 | | A "stun gun or taser", as used in this paragraph (a) | 7 | | means (i) any device
which is powered by electrical | 8 | | charging units, such as, batteries, and
which fires one or | 9 | | several barbs attached to a length of wire and
which, upon | 10 | | hitting a human, can send out a current capable of | 11 | | disrupting
the person's nervous system in such a manner as | 12 | | to render him incapable of
normal functioning or (ii) any | 13 | | device which is powered by electrical
charging units, such | 14 | | as batteries, and which, upon contact with a human or
| 15 | | clothing worn by a human, can send out current capable of | 16 | | disrupting
the person's nervous system in such a manner as | 17 | | to render him incapable
of normal functioning; or
| 18 | | (11) Sells, manufactures, or purchases any explosive | 19 | | bullet. For purposes
of this paragraph (a) "explosive | 20 | | bullet" means the projectile portion of
an ammunition | 21 | | cartridge which contains or carries an explosive charge | 22 | | which
will explode upon contact with the flesh of a human | 23 | | or an animal.
"Cartridge" means a tubular metal case | 24 | | having a projectile affixed at the
front thereof and a cap | 25 | | or primer at the rear end thereof, with the
propellant | 26 | | contained in such tube between the projectile and the cap; |
| | | HB3298 | - 7 - | LRB102 13603 KMF 18952 b |
|
| 1 | | or
| 2 | | (12) (Blank); or
| 3 | | (13) Carries or possesses on or about his or her | 4 | | person while in a building occupied by a unit of | 5 | | government, a billy club, other weapon of like character, | 6 | | or other instrument of like character intended for use as | 7 | | a weapon. For the purposes of this Section, "billy club" | 8 | | means a short stick or club commonly carried by police | 9 | | officers which is either telescopic or constructed of a | 10 | | solid piece of wood or other man-made material. | 11 | | (b) Sentence. A person convicted of a violation of | 12 | | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| 13 | | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | 14 | | Class A
misdemeanor.
A person convicted of a violation of | 15 | | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; | 16 | | a person
convicted of a violation of subsection 24-1(a)(6) or | 17 | | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | 18 | | convicted of a violation of subsection
24-1(a)(7)(i) commits a | 19 | | Class 2 felony and shall be sentenced to a term of imprisonment | 20 | | of not less than 3 years and not more than 7 years, unless the | 21 | | weapon is possessed in the
passenger compartment of a motor | 22 | | vehicle as defined in Section 1-146 of the
Illinois Vehicle | 23 | | Code, or on the person, while the weapon is loaded, in which
| 24 | | case it shall be a Class X felony. A person convicted of a
| 25 | | second or subsequent violation of subsection 24-1(a)(4), | 26 | | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 |
| | | HB3298 | - 8 - | LRB102 13603 KMF 18952 b |
|
| 1 | | felony. A person convicted of a violation of subsection | 2 | | 24-1(a)(2.5) commits a Class 2 felony. The possession of each | 3 | | weapon in violation of this Section constitutes a single and | 4 | | separate violation.
| 5 | | (c) Violations in specific places.
| 6 | | (1) A person who violates subsection 24-1(a)(6) or | 7 | | 24-1(a)(7) in any
school, regardless of the time of day or | 8 | | the time of year, in residential
property owned, operated | 9 | | or managed by a public housing agency or
leased by
a public | 10 | | housing agency as part of a scattered site or mixed-income
| 11 | | development, in a
public park, in a courthouse, on the | 12 | | real property comprising any school,
regardless of the
| 13 | | time of day or the time of year, on residential property | 14 | | owned, operated
or
managed by a public housing agency
or | 15 | | leased by a public housing agency as part of a scattered | 16 | | site or
mixed-income development,
on the real property | 17 | | comprising any
public park, on the real property | 18 | | comprising any courthouse, in any conveyance
owned, leased | 19 | | or contracted by a school to
transport students to or from | 20 | | school or a school related activity, in any conveyance
| 21 | | owned, leased, or contracted by a public transportation | 22 | | agency, or on any
public way within 1,000 feet of the real | 23 | | property comprising any school,
public park, courthouse, | 24 | | public transportation facility, or residential property | 25 | | owned, operated, or managed
by a public housing agency
or | 26 | | leased by a public housing agency as part of a scattered |
| | | HB3298 | - 9 - | LRB102 13603 KMF 18952 b |
|
| 1 | | site or
mixed-income development
commits a Class 2 felony | 2 | | and shall be sentenced to a term of imprisonment of not | 3 | | less than 3 years and not more than 7 years.
| 4 | | (1.5) A person who violates subsection 24-1(a)(4), | 5 | | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of | 6 | | the time of day or the time of year,
in residential | 7 | | property owned, operated, or managed by a public
housing
| 8 | | agency
or leased by a public housing agency as part of a | 9 | | scattered site or
mixed-income development,
in
a public
| 10 | | park, in a courthouse, on the real property comprising any | 11 | | school, regardless
of the time of day or the time of year, | 12 | | on residential property owned,
operated, or managed by a | 13 | | public housing agency
or leased by a public housing agency | 14 | | as part of a scattered site or
mixed-income development,
| 15 | | on the real property
comprising any public park, on the | 16 | | real property comprising any courthouse, in
any conveyance | 17 | | owned, leased, or contracted by a school to transport | 18 | | students
to or from school or a school related activity, | 19 | | in any conveyance
owned, leased, or contracted by a public | 20 | | transportation agency, or on any public way within
1,000 | 21 | | feet of the real property comprising any school, public | 22 | | park, courthouse,
public transportation facility, or | 23 | | residential property owned, operated, or managed by a | 24 | | public
housing agency
or leased by a public housing agency | 25 | | as part of a scattered site or
mixed-income development
| 26 | | commits a Class 3 felony.
|
| | | HB3298 | - 10 - | LRB102 13603 KMF 18952 b |
|
| 1 | | (2) A person who violates subsection 24-1(a)(1), | 2 | | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | 3 | | time of day or the time of year, in
residential property | 4 | | owned, operated or managed by a public housing
agency
or | 5 | | leased by a public housing agency as part of a scattered | 6 | | site or
mixed-income development,
in
a public park, in a | 7 | | courthouse, on the real property comprising any school,
| 8 | | regardless of the time of day or the time of year, on | 9 | | residential property
owned, operated or managed by a | 10 | | public housing agency
or leased by a public housing agency | 11 | | as part of a scattered site or
mixed-income development,
| 12 | | on the real property
comprising any public park, on the | 13 | | real property comprising any courthouse, in
any conveyance | 14 | | owned, leased or contracted by a school to transport | 15 | | students
to or from school or a school related activity, | 16 | | in any conveyance
owned, leased, or contracted by a public | 17 | | transportation agency, or on any public way within
1,000 | 18 | | feet of the real property comprising any school, public | 19 | | park, courthouse,
public transportation facility, or | 20 | | residential property owned, operated, or managed by a | 21 | | public
housing agency or leased by a public housing agency | 22 | | as part of a scattered
site or mixed-income development | 23 | | commits a Class 4 felony. "Courthouse"
means any building | 24 | | that is used by the Circuit, Appellate, or Supreme Court | 25 | | of
this State for the conduct of official business.
| 26 | | (3) Paragraphs (1), (1.5), and (2) of this subsection |
| | | HB3298 | - 11 - | LRB102 13603 KMF 18952 b |
|
| 1 | | (c) shall not
apply to law
enforcement officers or | 2 | | security officers of such school, college, or
university | 3 | | or to students carrying or possessing firearms for use in | 4 | | training
courses, parades, hunting, target shooting on | 5 | | school ranges, or otherwise with
the consent of school | 6 | | authorities and which firearms are transported unloaded
| 7 | | enclosed in a suitable case, box, or transportation | 8 | | package.
| 9 | | (4) For the purposes of this subsection (c), "school" | 10 | | means any public or
private elementary or secondary | 11 | | school, community college, college, or
university.
| 12 | | (5) For the purposes of this subsection (c), "public | 13 | | transportation agency" means a public or private agency | 14 | | that provides for the transportation or conveyance of
| 15 | | persons by means available to the general public, except | 16 | | for transportation
by automobiles not used for conveyance | 17 | | of the general public as passengers; and "public | 18 | | transportation facility" means a terminal or other place
| 19 | | where one may obtain public transportation.
| 20 | | (d) The presence in an automobile other than a public | 21 | | omnibus of any
weapon, instrument or substance referred to in | 22 | | subsection (a)(7) is
prima facie evidence that it is in the | 23 | | possession of, and is being
carried by, all persons occupying | 24 | | such automobile at the time such
weapon, instrument or | 25 | | substance is found, except under the following
circumstances: | 26 | | (i) if such weapon, instrument or instrumentality is
found |
| | | HB3298 | - 12 - | LRB102 13603 KMF 18952 b |
|
| 1 | | upon the person of one of the occupants therein; or (ii) if | 2 | | such
weapon, instrument or substance is found in an automobile | 3 | | operated for
hire by a duly licensed driver in the due, lawful | 4 | | and proper pursuit of
his or her trade, then such presumption | 5 | | shall not apply to the driver.
| 6 | | (e) Exemptions. | 7 | | (1) Crossbows, Common or Compound bows and Underwater
| 8 | | Spearguns are exempted from the definition of ballistic | 9 | | knife as defined in
paragraph (1) of subsection (a) of | 10 | | this Section. | 11 | | (2) The provision of paragraph (1) of subsection (a) | 12 | | of this Section prohibiting the sale, manufacture, | 13 | | purchase, possession, or carrying of any knife, commonly | 14 | | referred to as a switchblade knife, which has a
blade that | 15 | | opens automatically by hand pressure applied to a button,
| 16 | | spring or other device in the handle of the knife, does not | 17 | | apply to a person who possesses a currently valid Firearm | 18 | | Owner's Identification Card previously issued in his or | 19 | | her name by the Department of State Police or to a person | 20 | | or an entity engaged in the business of selling or | 21 | | manufacturing switchblade knives.
| 22 | | (Source: P.A. 100-82, eff. 8-11-17; 101-223, eff. 1-1-20 .)
| 23 | | (720 ILCS 5/24-1.6) | 24 | | Sec. 24-1.6. Aggravated unlawful use of a weapon. | 25 | | (a) A person commits the offense of aggravated unlawful |
| | | HB3298 | - 13 - | LRB102 13603 KMF 18952 b |
|
| 1 | | use of a weapon when
he or she knowingly: | 2 | | (1) Carries on or about his or her person or in any | 3 | | vehicle or concealed
on or about his or her person except | 4 | | when on his or her land or in his or her
abode, legal | 5 | | dwelling, or fixed place of business, or on the land or in | 6 | | the legal dwelling of another person as an invitee with | 7 | | that person's permission, any pistol, revolver, stun gun | 8 | | or taser or
other firearm; or | 9 | | (2) Carries or possesses on or about his or her | 10 | | person, upon any public
street, alley, or other public | 11 | | lands within the corporate limits of a city,
village or | 12 | | incorporated town, except when an invitee thereon or | 13 | | therein, for
the purpose of the display of such weapon or | 14 | | the lawful commerce in weapons, or
except when on his or | 15 | | her own land or in his or her own abode, legal dwelling, or | 16 | | fixed place of
business, or on the land or in the legal | 17 | | dwelling of another person as an invitee with that | 18 | | person's permission, any pistol, revolver, stun gun or | 19 | | taser or other firearm; and | 20 | | (3) One of the following factors is present: | 21 | | (A) the firearm, other than a pistol, revolver, or | 22 | | handgun, possessed was uncased, loaded, and | 23 | | immediately accessible
at the time of the offense; or | 24 | | (A-5) the pistol, revolver, or handgun possessed | 25 | | was uncased, loaded, and immediately accessible
at the | 26 | | time of the offense and the person possessing the |
| | | HB3298 | - 14 - | LRB102 13603 KMF 18952 b |
|
| 1 | | pistol, revolver, or handgun has not been issued a | 2 | | currently valid license under the Firearm Concealed | 3 | | Carry Act; or | 4 | | (B) the firearm, other than a pistol, revolver, or | 5 | | handgun, possessed was uncased, unloaded, and the | 6 | | ammunition for
the weapon was immediately accessible | 7 | | at the time of the offense; or | 8 | | (B-5) the pistol, revolver, or handgun possessed | 9 | | was uncased, unloaded, and the ammunition for
the | 10 | | weapon was immediately accessible at the time of the | 11 | | offense and the person possessing the pistol, | 12 | | revolver, or handgun has not been issued a currently | 13 | | valid license under the Firearm Concealed Carry Act; | 14 | | or | 15 | | (C) the person possessing the firearm has not been | 16 | | issued a currently
valid Firearm Owner's | 17 | | Identification Card; or | 18 | | (D) the person possessing the weapon was | 19 | | previously adjudicated
a delinquent minor under the | 20 | | Juvenile Court Act of 1987 for an act that if
committed | 21 | | by an adult would be a felony; or | 22 | | (E) the person possessing the weapon was engaged | 23 | | in a misdemeanor
violation of the Cannabis
Control | 24 | | Act, in a misdemeanor violation of the Illinois | 25 | | Controlled Substances
Act, or in a misdemeanor | 26 | | violation of the Methamphetamine Control and Community |
| | | HB3298 | - 15 - | LRB102 13603 KMF 18952 b |
|
| 1 | | Protection Act; or | 2 | | (F) (blank); or | 3 | | (G) the person possessing the weapon had an order | 4 | | of protection issued
against him or her within the | 5 | | previous 2 years; or | 6 | | (H) the person possessing the weapon was engaged | 7 | | in the commission or
attempted commission of
a | 8 | | misdemeanor involving the use or threat of violence | 9 | | against
the person or property of another; or | 10 | | (I) the person possessing the weapon was under 21 | 11 | | years of age and in
possession of a handgun, unless the | 12 | | person under 21
is engaged in lawful activities under | 13 | | the Wildlife Code or described in
subsection | 14 | | 24-2(b)(1), (b)(3), or 24-2(f). | 15 | | (a-5) "Handgun" as used in this Section has the meaning | 16 | | given to it in Section 5 of the Firearm Concealed Carry Act. | 17 | | (b) "Stun gun or taser" as used in this Section has the | 18 | | same definition
given to it in Section 24-1 of this Code. | 19 | | (c) This Section does not apply to or affect the | 20 | | transportation or
possession
of weapons as provided in | 21 | | subsection 24-1(a)(4)(B) or that: | 22 | | (i) are broken down in a non-functioning state; or | 23 | | (ii) are not immediately accessible; or | 24 | | (iii) are unloaded and enclosed in a case, firearm | 25 | | carrying box,
shipping box, or other container by a person | 26 | | who has been issued a currently
valid Firearm Owner's
|
| | | HB3298 | - 16 - | LRB102 13603 KMF 18952 b |
|
| 1 | | Identification Card. | 2 | | (d) Sentence. | 3 | | (1) Aggravated unlawful use of a weapon is a Class 4 | 4 | | felony;
a second or subsequent offense is a Class 2 felony | 5 | | for which the person shall be sentenced to a term of | 6 | | imprisonment of not less than 3 years and not more than 7 | 7 | | years, except as provided for in Section 5-4.5-110 of the | 8 | | Unified Code of Corrections. | 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 where the factors listed in | 13 | | both items (A) and (C) or both items (A-5) and (C) of | 14 | | paragraph (3) of subsection (a) are present is a Class 4 | 15 | | felony, for which the person shall be sentenced to a term | 16 | | of imprisonment of not less than one year and not more than | 17 | | 3 years. | 18 | | (3) Aggravated unlawful use of
a weapon by a person | 19 | | who has been previously
convicted of a felony in this | 20 | | State or another jurisdiction is a Class 2
felony for | 21 | | which the person shall be sentenced to a term of | 22 | | imprisonment of not less than 3 years and not more than 7 | 23 | | years, except as provided for in Section 5-4.5-110 of the | 24 | | Unified Code of Corrections. | 25 | | (4) Aggravated unlawful use of a weapon while wearing | 26 | | or in possession of body armor as defined in Section 33F-1 |
| | | HB3298 | - 17 - | LRB102 13603 KMF 18952 b |
|
| 1 | | by a person who has not been issued a valid Firearms | 2 | | Owner's Identification Card in accordance with Section 5 | 3 | | of the Firearm Owners Identification Card Act is a Class X | 4 | | felony.
| 5 | | (e) The possession of each firearm in violation of this | 6 | | Section constitutes a single and separate violation. | 7 | | (Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17 .)
| 8 | | (720 ILCS 5/24-2)
| 9 | | Sec. 24-2. Exemptions.
| 10 | | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | 11 | | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | 12 | | the following:
| 13 | | (1) Peace officers, and any person summoned by a peace | 14 | | officer to
assist in making arrests or preserving the | 15 | | peace, while actually engaged in
assisting such officer.
| 16 | | (2) Wardens, superintendents and keepers of prisons,
| 17 | | penitentiaries, jails and other institutions for the | 18 | | detention of persons
accused or convicted of an offense, | 19 | | while in the performance of their
official duty, or while | 20 | | commuting between their homes and places of employment.
| 21 | | (3) Members of the Armed Services or Reserve Forces of | 22 | | the United States
or the Illinois National Guard or the | 23 | | Reserve Officers Training Corps,
while in the performance | 24 | | of their official duty.
| 25 | | (4) Special agents employed by a railroad or a public |
| | | HB3298 | - 18 - | LRB102 13603 KMF 18952 b |
|
| 1 | | utility to
perform police functions, and guards of armored | 2 | | car companies, while
actually engaged in the performance | 3 | | of the duties of their employment or
commuting between | 4 | | their homes and places of employment; and watchmen
while | 5 | | actually engaged in the performance of the duties of their | 6 | | employment.
| 7 | | (5) Persons licensed as private security contractors, | 8 | | private
detectives, or private alarm contractors, or | 9 | | employed by a private security contractor, private | 10 | | detective, or private alarm contractor agency licensed
by | 11 | | the Department of Financial and Professional Regulation, | 12 | | if their duties
include the carrying of a weapon under the | 13 | | provisions of the Private
Detective, Private Alarm,
| 14 | | Private Security, Fingerprint Vendor, and Locksmith Act of | 15 | | 2004,
while actually
engaged in the performance of the | 16 | | duties of their employment or commuting
between their | 17 | | homes and places of employment. A person shall be | 18 | | considered eligible for this
exemption if he or she has | 19 | | completed the required 20
hours of training for a private | 20 | | security contractor, private
detective, or private alarm | 21 | | contractor, or employee of a licensed private security | 22 | | contractor, private detective, or private alarm contractor | 23 | | agency and 20 hours of required firearm
training, and has | 24 | | been issued a firearm control card by
the Department of | 25 | | Financial and Professional Regulation. Conditions for the | 26 | | renewal of
firearm control cards issued under the |
| | | HB3298 | - 19 - | LRB102 13603 KMF 18952 b |
|
| 1 | | provisions of this Section
shall be the same as for those | 2 | | cards issued under the provisions of the
Private | 3 | | Detective, Private Alarm,
Private Security, Fingerprint | 4 | | Vendor, and Locksmith Act of 2004. The
firearm control | 5 | | card shall be carried by the private security contractor, | 6 | | private
detective, or private alarm contractor, or | 7 | | employee of the licensed private security contractor, | 8 | | private detective, or private alarm contractor agency at | 9 | | all
times when he or she is in possession of a concealable | 10 | | weapon permitted by his or her firearm control card.
| 11 | | (6) Any person regularly employed in a commercial or | 12 | | industrial
operation as a security guard for the | 13 | | protection of persons employed
and private property | 14 | | related to such commercial or industrial
operation, while | 15 | | actually engaged in the performance of his or her
duty or | 16 | | traveling between sites or properties belonging to the
| 17 | | employer, and who, as a security guard, is a member of a | 18 | | security force registered with the Department of Financial | 19 | | and Professional
Regulation; provided that such security | 20 | | guard has successfully completed a
course of study, | 21 | | approved by and supervised by the Department of
Financial | 22 | | and Professional Regulation, consisting of not less than | 23 | | 40 hours of training
that includes the theory of law | 24 | | enforcement, liability for acts, and the
handling of | 25 | | weapons. A person shall be considered eligible for this
| 26 | | exemption if he or she has completed the required 20
hours |
| | | HB3298 | - 20 - | LRB102 13603 KMF 18952 b |
|
| 1 | | of training for a security officer and 20 hours of | 2 | | required firearm
training, and has been issued a firearm | 3 | | control card by
the Department of Financial and | 4 | | Professional Regulation. Conditions for the renewal of
| 5 | | firearm control cards issued under the provisions of this | 6 | | Section
shall be the same as for those cards issued under | 7 | | the provisions of the
Private Detective, Private Alarm,
| 8 | | Private Security, Fingerprint Vendor, and Locksmith Act of | 9 | | 2004. The
firearm control card shall be carried by the | 10 | | security guard at all
times when he or she is in possession | 11 | | of a concealable weapon permitted by his or her firearm | 12 | | control card.
| 13 | | (7) Agents and investigators of the Illinois | 14 | | Legislative Investigating
Commission authorized by the | 15 | | Commission to carry the weapons specified in
subsections | 16 | | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| 17 | | any investigation for the Commission.
| 18 | | (8) Persons employed by a financial institution as a | 19 | | security guard for the protection of
other employees and | 20 | | property related to such financial institution, while
| 21 | | actually engaged in the performance of their duties, | 22 | | commuting between
their homes and places of employment, or | 23 | | traveling between sites or
properties owned or operated by | 24 | | such financial institution, and who, as a security guard, | 25 | | is a member of a security force registered with the | 26 | | Department; provided that
any person so employed has |
| | | HB3298 | - 21 - | LRB102 13603 KMF 18952 b |
|
| 1 | | successfully completed a course of study,
approved by and | 2 | | supervised by the Department of Financial and Professional | 3 | | Regulation,
consisting of not less than 40 hours of | 4 | | training which includes theory of
law enforcement, | 5 | | liability for acts, and the handling of weapons.
A person | 6 | | shall be considered to be eligible for this exemption if | 7 | | he or
she has completed the required 20 hours of training | 8 | | for a security officer
and 20 hours of required firearm | 9 | | training, and has been issued a
firearm control card by | 10 | | the Department of Financial and Professional Regulation.
| 11 | | Conditions for renewal of firearm control cards issued | 12 | | under the
provisions of this Section shall be the same as | 13 | | for those issued under the
provisions of the Private | 14 | | Detective, Private Alarm,
Private Security, Fingerprint | 15 | | Vendor, and Locksmith Act of 2004. The
firearm control | 16 | | card shall be carried by the security guard at all times | 17 | | when he or she is in possession of a concealable
weapon | 18 | | permitted by his or her firearm control card. For purposes | 19 | | of this subsection, "financial institution" means a
bank, | 20 | | savings and loan association, credit union or company | 21 | | providing
armored car services.
| 22 | | (9) Any person employed by an armored car company to | 23 | | drive an armored
car, while actually engaged in the | 24 | | performance of his duties.
| 25 | | (10) Persons who have been classified as peace | 26 | | officers pursuant
to the Peace Officer Fire Investigation |
| | | HB3298 | - 22 - | LRB102 13603 KMF 18952 b |
|
| 1 | | Act.
| 2 | | (11) Investigators of the Office of the State's | 3 | | Attorneys Appellate
Prosecutor authorized by the board of | 4 | | governors of the Office of the
State's Attorneys Appellate | 5 | | Prosecutor to carry weapons pursuant to
Section 7.06 of | 6 | | the State's Attorneys Appellate Prosecutor's Act.
| 7 | | (12) Special investigators appointed by a State's | 8 | | Attorney under
Section 3-9005 of the Counties Code.
| 9 | | (12.5) Probation officers while in the performance of | 10 | | their duties, or
while commuting between their homes, | 11 | | places of employment or specific locations
that are part | 12 | | of their assigned duties, with the consent of the chief | 13 | | judge of
the circuit for which they are employed, if they | 14 | | have received weapons training according
to requirements | 15 | | of the Peace Officer and Probation Officer Firearm | 16 | | Training Act.
| 17 | | (13) Court Security Officers while in the performance | 18 | | of their official
duties, or while commuting between their | 19 | | homes and places of employment, with
the
consent of the | 20 | | Sheriff.
| 21 | | (13.5) A person employed as an armed security guard at | 22 | | a nuclear energy,
storage, weapons or development site or | 23 | | facility regulated by the Nuclear
Regulatory Commission | 24 | | who has completed the background screening and training
| 25 | | mandated by the rules and regulations of the Nuclear | 26 | | Regulatory Commission.
|
| | | HB3298 | - 23 - | LRB102 13603 KMF 18952 b |
|
| 1 | | (14) Manufacture, transportation, or sale of weapons | 2 | | to
persons
authorized under subdivisions (1) through | 3 | | (13.5) of this
subsection
to
possess those weapons.
| 4 | | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | 5 | | to
or affect any person carrying a concealed pistol, revolver, | 6 | | or handgun and the person has been issued a currently valid | 7 | | license under the Firearm Concealed Carry Act at the time of | 8 | | the commission of the offense. | 9 | | (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | 10 | | to
or affect a qualified current or retired law enforcement | 11 | | officer qualified under the laws of this State or under the | 12 | | federal Law Enforcement Officers Safety Act. | 13 | | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | 14 | | 24-1.6 do not
apply to or affect
any of the following:
| 15 | | (1) Members of any club or organization organized for | 16 | | the purpose of
practicing shooting at targets upon | 17 | | established target ranges, whether
public or private, and | 18 | | patrons of such ranges, while such members
or patrons are | 19 | | using their firearms on those target ranges.
| 20 | | (2) Duly authorized military or civil organizations | 21 | | while parading,
with the special permission of the | 22 | | Governor.
| 23 | | (3) Hunters, trappers or fishermen with a license or
| 24 | | permit while engaged in hunting,
trapping or fishing.
| 25 | | (4) Transportation of weapons that are broken down in | 26 | | a
non-functioning state or are not immediately accessible.
|
| | | HB3298 | - 24 - | LRB102 13603 KMF 18952 b |
|
| 1 | | (5) Carrying or possessing any pistol, revolver, stun | 2 | | gun or taser or other firearm on the land or in the legal | 3 | | dwelling of another person as an invitee with that | 4 | | person's permission. | 5 | | (c) Subsection 24-1(a)(7) does not apply to or affect any | 6 | | of the
following:
| 7 | | (1) Peace officers while in performance of their | 8 | | official duties.
| 9 | | (2) Wardens, superintendents and keepers of prisons, | 10 | | penitentiaries,
jails and other institutions for the | 11 | | detention of persons accused or
convicted of an offense.
| 12 | | (3) Members of the Armed Services or Reserve Forces of | 13 | | the United States
or the Illinois National Guard, while in | 14 | | the performance of their official
duty.
| 15 | | (4) Manufacture, transportation, or sale of machine | 16 | | guns to persons
authorized under subdivisions (1) through | 17 | | (3) of this subsection to
possess machine guns, if the | 18 | | machine guns are broken down in a
non-functioning state or | 19 | | are not immediately accessible.
| 20 | | (5) Persons licensed under federal law to manufacture | 21 | | any weapon from
which 8 or more shots or bullets can be | 22 | | discharged by a
single function of the firing device, or | 23 | | ammunition for such weapons, and
actually engaged in the | 24 | | business of manufacturing such weapons or
ammunition, but | 25 | | only with respect to activities which are within the | 26 | | lawful
scope of such business, such as the manufacture, |
| | | HB3298 | - 25 - | LRB102 13603 KMF 18952 b |
|
| 1 | | transportation, or testing
of such weapons or ammunition. | 2 | | This exemption does not authorize the
general private | 3 | | possession of any weapon from which 8 or more
shots or | 4 | | bullets can be discharged by a single function of the | 5 | | firing
device, but only such possession and activities as | 6 | | are within the lawful
scope of a licensed manufacturing | 7 | | business described in this paragraph.
| 8 | | During transportation, such weapons shall be broken | 9 | | down in a
non-functioning state or not immediately | 10 | | accessible.
| 11 | | (6) The manufacture, transport, testing, delivery, | 12 | | transfer or sale,
and all lawful commercial or | 13 | | experimental activities necessary thereto, of
rifles, | 14 | | shotguns, and weapons made from rifles or shotguns,
or | 15 | | ammunition for such rifles, shotguns or weapons, where | 16 | | engaged in
by a person operating as a contractor or | 17 | | subcontractor pursuant to a
contract or subcontract for | 18 | | the development and supply of such rifles,
shotguns, | 19 | | weapons or ammunition to the United States government or | 20 | | any
branch of the Armed Forces of the United States, when | 21 | | such activities are
necessary and incident to fulfilling | 22 | | the terms of such contract.
| 23 | | The exemption granted under this subdivision (c)(6)
| 24 | | shall also apply to any authorized agent of any such | 25 | | contractor or
subcontractor who is operating within the | 26 | | scope of his employment, where
such activities involving |
| | | HB3298 | - 26 - | LRB102 13603 KMF 18952 b |
|
| 1 | | such weapon, weapons or ammunition are necessary
and | 2 | | incident to fulfilling the terms of such contract.
| 3 | | (7) A person possessing a rifle with a barrel or | 4 | | barrels less than 16 inches in length if: (A) the person | 5 | | has been issued a Curios and Relics license from the U.S. | 6 | | Bureau of Alcohol, Tobacco, Firearms and Explosives; or | 7 | | (B) the person is an active member of a bona fide, | 8 | | nationally recognized military re-enacting group and the | 9 | | modification is required and necessary to accurately | 10 | | portray the weapon for historical re-enactment purposes; | 11 | | the re-enactor is in possession of a valid and current | 12 | | re-enacting group membership credential; and the overall | 13 | | length of the weapon as modified is not less than 26 | 14 | | inches. | 15 | | (d) Subsection 24-1(a)(1) does not apply to the purchase, | 16 | | possession
or carrying of a black-jack or slung-shot by a | 17 | | peace officer.
| 18 | | (e) Subsection 24-1(a)(8) does not apply to any owner, | 19 | | manager or
authorized employee of any place specified in that | 20 | | subsection nor to any
law enforcement officer.
| 21 | | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | 22 | | Section 24-1.6
do not apply
to members of any club or | 23 | | organization organized for the purpose of practicing
shooting | 24 | | at targets upon established target ranges, whether public or | 25 | | private,
while using their firearms on those target ranges.
| 26 | | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply |
| | | HB3298 | - 27 - | LRB102 13603 KMF 18952 b |
|
| 1 | | to:
| 2 | | (1) Members of the Armed Services or Reserve Forces of | 3 | | the United
States or the Illinois National Guard, while in | 4 | | the performance of their
official duty.
| 5 | | (2) Bonafide collectors of antique or surplus military | 6 | | ordnance.
| 7 | | (3) Laboratories having a department of forensic | 8 | | ballistics, or
specializing in the development of | 9 | | ammunition or explosive ordnance.
| 10 | | (4) Commerce, preparation, assembly or possession of | 11 | | explosive
bullets by manufacturers of ammunition licensed | 12 | | by the federal government,
in connection with the supply | 13 | | of those organizations and persons exempted
by subdivision | 14 | | (g)(1) of this Section, or like organizations and persons
| 15 | | outside this State, or the transportation of explosive | 16 | | bullets to any
organization or person exempted in this | 17 | | Section by a common carrier or by a
vehicle owned or leased | 18 | | by an exempted manufacturer.
| 19 | | (g-5) Subsection 24-1(a)(6) does not apply to or affect | 20 | | persons licensed
under federal law to manufacture any device | 21 | | or attachment of any kind designed,
used, or intended for use | 22 | | in silencing the report of any firearm, firearms, or
| 23 | | ammunition
for those firearms equipped with those devices, and | 24 | | actually engaged in the
business of manufacturing those | 25 | | devices, firearms, or ammunition, but only with
respect to
| 26 | | activities that are within the lawful scope of that business, |
| | | HB3298 | - 28 - | LRB102 13603 KMF 18952 b |
|
| 1 | | such as the
manufacture, transportation, or testing of those | 2 | | devices, firearms, or
ammunition. This
exemption does not | 3 | | authorize the general private possession of any device or
| 4 | | attachment of any kind designed, used, or intended for use in | 5 | | silencing the
report of any firearm, but only such possession | 6 | | and activities as are within
the
lawful scope of a licensed | 7 | | manufacturing business described in this subsection
(g-5). | 8 | | During transportation, these devices shall be detached from | 9 | | any weapon
or
not immediately accessible.
| 10 | | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| 11 | | 24-1.6 do not apply to
or affect any parole agent or parole | 12 | | supervisor who meets the qualifications and conditions | 13 | | prescribed in Section 3-14-1.5 of the Unified Code of | 14 | | Corrections. | 15 | | (g-7) Subsection 24-1(a)(6) does not apply to a peace | 16 | | officer while serving as a member of a tactical response team | 17 | | or special operations team. A peace officer may not personally | 18 | | own or apply for ownership of a device or attachment of any | 19 | | kind designed, used, or intended for use in silencing the | 20 | | report of any firearm. These devices shall be owned and | 21 | | maintained by lawfully recognized units of government whose | 22 | | duties include the investigation of criminal acts. | 23 | | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and | 24 | | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | 25 | | athlete's possession, transport on official Olympic and | 26 | | Paralympic transit systems established for athletes, or use of |
| | | HB3298 | - 29 - | LRB102 13603 KMF 18952 b |
|
| 1 | | competition firearms sanctioned by the International Olympic | 2 | | Committee, the International Paralympic Committee, the | 3 | | International Shooting Sport Federation, or USA Shooting in | 4 | | connection with such athlete's training for and participation | 5 | | in shooting competitions at the 2016 Olympic and Paralympic | 6 | | Games and sanctioned test events leading up to the 2016 | 7 | | Olympic and Paralympic Games. | 8 | | (h) An information or indictment based upon a violation of | 9 | | any
subsection of this Article need not negative any | 10 | | exemptions contained in
this Article. The defendant shall have | 11 | | the burden of proving such an
exemption.
| 12 | | (i) Nothing in this Article shall prohibit, apply to, or | 13 | | affect
the transportation, carrying, or possession, of any | 14 | | pistol or revolver,
stun gun, taser, or other firearm | 15 | | consigned to a common carrier operating
under license of the | 16 | | State of Illinois or the federal government, where
such | 17 | | transportation, carrying, or possession is incident to the | 18 | | lawful
transportation in which such common carrier is engaged; | 19 | | and nothing in this
Article shall prohibit, apply to, or | 20 | | affect the transportation, carrying,
or possession of any | 21 | | pistol, revolver, stun gun, taser, or other firearm,
not the | 22 | | subject of and regulated by subsection 24-1(a)(7) or | 23 | | subsection
24-2(c) of this Article, which is unloaded and | 24 | | enclosed in a case, firearm
carrying box, shipping box, or | 25 | | other container, by the possessor of a valid
Firearm Owners | 26 | | Identification Card ; and nothing in this
Article shall |
| | | HB3298 | - 30 - | LRB102 13603 KMF 18952 b |
|
| 1 | | prohibit, apply to, or affect the transportation of any rifle, | 2 | | shotgun, or other long gun in a vehicle by a person who has | 3 | | been issued a currently
valid Firearm Owner's
Identification | 4 | | Card if the firearm is unloaded .
| 5 | | (Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.)
|
|