Full Text of HB2463 98th General Assembly
HB2463 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB2463 Introduced , by Rep. Robert F Martwick SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/24-1 | from Ch. 38, par. 24-1 | 720 ILCS 5/24-1.1 | from Ch. 38, par. 24-1.1 | 720 ILCS 5/24-1.6 | |
|
Amends the Criminal Code of 2012. Provides for enhanced penalties for various offenses involving the unlawful use or possession of firearms.
|
| |
| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
| | | HB2463 | | LRB098 09023 RLC 39159 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 changing | 5 | | Sections 24-1, 24-1.1, and 24-1.6 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 weapons | 9 | | 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 knife, | 14 | | commonly referred to as a switchblade knife, which has a
| 15 | | blade that opens automatically by hand pressure applied to | 16 | | a button,
spring or other device in the handle of the | 17 | | knife, or a ballistic knife,
which is a device that propels | 18 | | a knifelike blade as a projectile by means
of a coil | 19 | | 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 |
| | | HB2463 | - 2 - | LRB098 09023 RLC 39159 b |
|
| 1 | | deadly weapon or instrument of like character; or
| 2 | | (3) Carries on or about his person or in any vehicle, a | 3 | | tear gas gun
projector or bomb or any object containing | 4 | | noxious liquid gas or
substance, other than an object | 5 | | containing a non-lethal noxious liquid gas
or substance | 6 | | designed solely for personal defense carried by a person 18
| 7 | | years of age or older; or
| 8 | | (4) Carries or possesses in any vehicle or concealed on | 9 | | or about his
person except when on his land or in his own | 10 | | abode, legal dwelling, or fixed place of
business, or on | 11 | | the land or in the legal dwelling of another person as an | 12 | | invitee with that person's permission, any pistol, | 13 | | revolver, stun gun or taser or other firearm, except
that
| 14 | | this subsection (a) (4) does not apply to or affect | 15 | | transportation of weapons
that meet one of the following | 16 | | conditions:
| 17 | | (i) are broken down in a non-functioning state; or
| 18 | | (ii) are not immediately accessible; or
| 19 | | (iii) are unloaded and enclosed in a case, firearm | 20 | | carrying box,
shipping box, or other container by a | 21 | | person who has been issued a currently
valid Firearm | 22 | | Owner's
Identification Card; or
| 23 | | (5) Sets a spring gun; or
| 24 | | (6) Possesses any device or attachment of any kind | 25 | | designed, used or
intended for use in silencing the report | 26 | | of any firearm; or
|
| | | HB2463 | - 3 - | LRB098 09023 RLC 39159 b |
|
| 1 | | (7) Sells, manufactures, purchases, possesses or | 2 | | carries:
| 3 | | (i) a machine gun, which shall be defined for the | 4 | | purposes of this
subsection as any weapon,
which | 5 | | shoots, is designed to shoot, or can be readily | 6 | | restored to shoot,
automatically more than one shot | 7 | | without manually reloading by a single
function of the | 8 | | trigger, including the frame or receiver
of any such | 9 | | weapon, or sells, manufactures, purchases, possesses, | 10 | | or
carries any combination of parts designed or | 11 | | intended for
use in converting any weapon into a | 12 | | machine gun, or any combination or
parts from which a | 13 | | machine gun can be assembled if such parts are in the
| 14 | | possession or under the control of a person;
| 15 | | (ii) any rifle having one or
more barrels less than | 16 | | 16 inches in length or a shotgun having one or more
| 17 | | barrels less than 18 inches in length or any weapon | 18 | | made from a rifle or
shotgun, whether by alteration, | 19 | | modification, or otherwise, if such a weapon
as | 20 | | modified has an overall length of less than 26 inches; | 21 | | or
| 22 | | (iii) any
bomb, bomb-shell, grenade, bottle or | 23 | | other container containing an
explosive substance of | 24 | | over one-quarter ounce for like purposes, such
as, but | 25 | | not limited to, black powder bombs and Molotov | 26 | | cocktails or
artillery projectiles; or
|
| | | HB2463 | - 4 - | LRB098 09023 RLC 39159 b |
|
| 1 | | (8) Carries or possesses any firearm, stun gun or taser | 2 | | or other
deadly weapon in any place which is licensed to | 3 | | sell intoxicating
beverages, or at any public gathering | 4 | | held pursuant to a license issued
by any governmental body | 5 | | or any public gathering at which an admission
is charged, | 6 | | excluding a place where a showing, demonstration or lecture
| 7 | | involving the exhibition of unloaded firearms is | 8 | | conducted.
| 9 | | This subsection (a)(8) does not apply to any auction or | 10 | | raffle of a firearm
held pursuant to
a license or permit | 11 | | issued by a governmental body, nor does it apply to persons
| 12 | | engaged
in firearm safety training courses; or
| 13 | | (9) Carries or possesses in a vehicle or on or about | 14 | | his person any
pistol, revolver, stun gun or taser or | 15 | | firearm or ballistic knife, when
he is hooded, robed or | 16 | | masked in such manner as to conceal his identity; or
| 17 | | (10) Carries or possesses on or about his person, upon | 18 | | any public street,
alley, or other public lands within the | 19 | | corporate limits of a city, village
or incorporated town, | 20 | | except when an invitee thereon or therein, for the
purpose | 21 | | of the display of such weapon or the lawful commerce in | 22 | | weapons, or
except when on his land or in his own abode, | 23 | | legal dwelling, or fixed place of business, or on the land | 24 | | or in the legal dwelling of another person as an invitee | 25 | | with that person's permission, any
pistol, revolver, stun | 26 | | gun or taser or other firearm, except that this
subsection |
| | | HB2463 | - 5 - | LRB098 09023 RLC 39159 b |
|
| 1 | | (a) (10) does not apply to or affect transportation of | 2 | | weapons that
meet one of the following conditions:
| 3 | | (i) are broken down in a non-functioning state; or
| 4 | | (ii) are not immediately accessible; or
| 5 | | (iii) are unloaded and enclosed in a case, firearm | 6 | | carrying box,
shipping box, or other container by a | 7 | | person who has been issued a currently
valid Firearm | 8 | | Owner's
Identification Card.
| 9 | | A "stun gun or taser", as used in this paragraph (a) | 10 | | means (i) any device
which is powered by electrical | 11 | | charging units, such as, batteries, and
which fires one or | 12 | | several barbs attached to a length of wire and
which, upon | 13 | | hitting a human, can send out a current capable of | 14 | | disrupting
the person's nervous system in such a manner as | 15 | | to render him incapable of
normal functioning or (ii) any | 16 | | device which is powered by electrical
charging units, such | 17 | | as batteries, and which, upon contact with a human or
| 18 | | clothing worn by a human, can send out current capable of | 19 | | disrupting
the person's nervous system in such a manner as | 20 | | to render him incapable
of normal functioning; or
| 21 | | (11) Sells, manufactures or purchases any explosive | 22 | | bullet. For purposes
of this paragraph (a) "explosive | 23 | | bullet" means the projectile portion of
an ammunition | 24 | | cartridge which contains or carries an explosive charge | 25 | | which
will explode upon contact with the flesh of a human | 26 | | or an animal.
"Cartridge" means a tubular metal case having |
| | | HB2463 | - 6 - | LRB098 09023 RLC 39159 b |
|
| 1 | | a projectile affixed at the
front thereof and a cap or | 2 | | primer at the rear end thereof, with the
propellant | 3 | | contained in such tube between the projectile and the cap; | 4 | | or
| 5 | | (12) (Blank); or
| 6 | | (13) Carries or possesses on or about his or her person | 7 | | while in a building occupied by a unit of government, a | 8 | | billy club, other weapon of like character, or other | 9 | | instrument of like character intended for use as a weapon. | 10 | | For the purposes of this Section, "billy club" means a | 11 | | short stick or club commonly carried by police officers | 12 | | which is either telescopic or constructed of a solid piece | 13 | | of wood or other man-made material. | 14 | | (b) Sentence. A person convicted of a violation of | 15 | | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| 16 | | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | 17 | | Class 4 felony A
misdemeanor .
A person convicted of a violation | 18 | | of subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 3 4 | 19 | | felony; a person
convicted of a violation of subsection | 20 | | 24-1(a)(6) or 24-1(a)(7)(ii) or (iii)
commits a Class 2 3 | 21 | | felony. A person convicted of a violation of subsection
| 22 | | 24-1(a)(7)(i) commits a Class X 2 felony and shall be sentenced | 23 | | to a term of imprisonment of not less than 3 years and not more | 24 | | than 7 years, unless the weapon is possessed in the
passenger | 25 | | compartment of a motor vehicle as defined in Section 1-146 of | 26 | | the
Illinois Vehicle Code, or on the person, while the weapon |
| | | HB2463 | - 7 - | LRB098 09023 RLC 39159 b |
|
| 1 | | is loaded, in which
case it shall be a Class X felony . A person | 2 | | convicted of a
second or subsequent violation of subsection | 3 | | 24-1(a)(4), 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a | 4 | | Class 2 3 felony. The possession of each weapon in violation of | 5 | | this Section constitutes a single and separate violation.
| 6 | | (c) Violations in specific places.
| 7 | | (1) A person who violates subsection 24-1(a)(6) or | 8 | | 24-1(a)(7) in any
school, regardless of the time of day or | 9 | | the time of year, in residential
property owned, operated | 10 | | or managed by a public housing agency or
leased by
a public | 11 | | housing agency as part of a scattered site or mixed-income
| 12 | | development, in a
public park, in a courthouse, on the real | 13 | | property comprising any school,
regardless of the
time of | 14 | | day or the time of year, on residential property owned, | 15 | | operated
or
managed by a public housing agency
or leased by | 16 | | a public housing agency as part of a scattered site or
| 17 | | mixed-income development,
on the real property comprising | 18 | | any
public park, on the real property comprising any | 19 | | courthouse, in any conveyance
owned, leased or contracted | 20 | | by a school to
transport students to or from school or a | 21 | | school related activity, in any conveyance
owned, leased, | 22 | | or contracted by a public transportation agency, or on any
| 23 | | public way within 1,000 feet of the real property | 24 | | comprising any school,
public park, courthouse, public | 25 | | transportation facility, or residential property owned, | 26 | | operated, or managed
by a public housing agency
or leased |
| | | HB2463 | - 8 - | LRB098 09023 RLC 39159 b |
|
| 1 | | by a public housing agency as part of a scattered site or
| 2 | | mixed-income development
commits a Class X 2 felony and | 3 | | shall be sentenced to a term of imprisonment of not less | 4 | | than 3 years and not more than 7 years .
| 5 | | (1.5) A person who violates subsection 24-1(a)(4), | 6 | | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | 7 | | time of day or the time of year,
in residential property | 8 | | owned, operated, or managed by a public
housing
agency
or | 9 | | leased by a public housing agency as part of a scattered | 10 | | site or
mixed-income development,
in
a public
park, in a | 11 | | courthouse, on the real property comprising any school, | 12 | | regardless
of the time of day or the time of year, on | 13 | | residential property owned,
operated, or managed by a | 14 | | public housing agency
or leased by a public housing agency | 15 | | as part of a scattered site or
mixed-income development,
on | 16 | | the real property
comprising any public park, on the real | 17 | | property comprising any courthouse, in
any conveyance | 18 | | owned, leased, or contracted by a school to transport | 19 | | students
to or from school or a school related activity, in | 20 | | any conveyance
owned, leased, or contracted by a public | 21 | | transportation agency, or on any public way within
1,000 | 22 | | feet of the real property comprising any school, public | 23 | | park, courthouse,
public transportation facility, or | 24 | | residential property owned, operated, or managed by a | 25 | | public
housing agency
or leased by a public housing agency | 26 | | as part of a scattered site or
mixed-income development
|
| | | HB2463 | - 9 - | LRB098 09023 RLC 39159 b |
|
| 1 | | commits a Class 2 3 felony.
| 2 | | (2) A person who violates subsection 24-1(a)(1), | 3 | | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | 4 | | time of day or the time of year, in
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,
in
a public park, in a | 8 | | courthouse, on the real property comprising any school,
| 9 | | regardless of the time of day or the time of year, on | 10 | | residential property
owned, operated or managed by a public | 11 | | housing agency
or leased by a public housing agency as part | 12 | | of a scattered site or
mixed-income development,
on the | 13 | | real property
comprising any public park, on the real | 14 | | property comprising any courthouse, in
any conveyance | 15 | | owned, leased or contracted by a school to transport | 16 | | students
to or from school or a school related activity, in | 17 | | any conveyance
owned, leased, or contracted by a public | 18 | | transportation agency, or on any public way within
1,000 | 19 | | feet of the real property comprising any school, public | 20 | | park, courthouse,
public transportation facility, or | 21 | | residential property owned, operated, or managed by a | 22 | | public
housing agency or leased by a public housing agency | 23 | | as part of a scattered
site or mixed-income development | 24 | | commits a Class 3 4 felony. "Courthouse"
means any building | 25 | | that is used by the Circuit, Appellate, or Supreme Court of
| 26 | | this State for the conduct of official business.
|
| | | HB2463 | - 10 - | LRB098 09023 RLC 39159 b |
|
| 1 | | (3) Paragraphs (1), (1.5), and (2) of this subsection | 2 | | (c) shall not
apply to law
enforcement officers or security | 3 | | officers of such school, college, or
university or to | 4 | | students carrying or possessing firearms for use in | 5 | | training
courses, parades, hunting, target shooting on | 6 | | school ranges, or otherwise with
the consent of school | 7 | | authorities and which firearms are transported unloaded
| 8 | | enclosed in a suitable case, box, or transportation | 9 | | package.
| 10 | | (4) For the purposes of this subsection (c), "school" | 11 | | means any public or
private elementary or secondary school, | 12 | | community college, college, or
university.
| 13 | | (5) For the purposes of this subsection (c), "public | 14 | | transportation agency" means a public or private agency | 15 | | that provides for the transportation or conveyance of
| 16 | | persons by means available to the general public, except | 17 | | for transportation
by automobiles not used for conveyance | 18 | | of the general public as passengers; and "public | 19 | | transportation facility" means a terminal or other place
| 20 | | where one may obtain public transportation.
| 21 | | (d) The presence in an automobile other than a public | 22 | | omnibus of any
weapon, instrument or substance referred to in | 23 | | subsection (a)(7) is
prima facie evidence that it is in the | 24 | | possession of, and is being
carried by, all persons occupying | 25 | | such automobile at the time such
weapon, instrument or | 26 | | substance is found, except under the following
circumstances: |
| | | HB2463 | - 11 - | LRB098 09023 RLC 39159 b |
|
| 1 | | (i) if such weapon, instrument or instrumentality is
found upon | 2 | | the person of one of the occupants therein; or (ii) if such
| 3 | | weapon, instrument or substance is found in an automobile | 4 | | operated for
hire by a duly licensed driver in the due, lawful | 5 | | and proper pursuit of
his trade, then such presumption shall | 6 | | not apply to the driver.
| 7 | | (e) Exemptions. Crossbows, Common or Compound bows and | 8 | | Underwater
Spearguns are exempted from the definition of | 9 | | ballistic knife as defined in
paragraph (1) of subsection (a) | 10 | | of this Section.
| 11 | | (Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09; | 12 | | 95-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09; | 13 | | 96-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)
| 14 | | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
| 15 | | Sec. 24-1.1. Unlawful Use or Possession of Weapons by | 16 | | Felons or
Persons in the Custody of the
Department of | 17 | | Corrections Facilities. | 18 | | (a) It is unlawful
for a person to knowingly possess on or | 19 | | about his person or on his land or
in his own abode or fixed | 20 | | place of business any weapon prohibited under
Section 24-1 of | 21 | | this Act or any firearm or any firearm ammunition if the
person | 22 | | has been convicted of a felony under the laws of this State or | 23 | | any
other jurisdiction. This Section shall not apply if the | 24 | | person has been
granted relief by the Director of the | 25 | | Department of State Police
under Section 10 of the Firearm |
| | | HB2463 | - 12 - | LRB098 09023 RLC 39159 b |
|
| 1 | | Owners Identification
Card Act.
| 2 | | (b) It is unlawful for any person confined in a penal | 3 | | institution,
which is a facility of the Illinois Department of | 4 | | Corrections, to possess
any weapon prohibited under Section | 5 | | 24-1 of this Code or any firearm or
firearm ammunition, | 6 | | regardless of the intent with which he possesses it.
| 7 | | (c) It shall be an affirmative defense to a violation of | 8 | | subsection (b), that such possession was specifically | 9 | | authorized by rule,
regulation, or directive of the Illinois | 10 | | Department of Corrections or order
issued pursuant thereto.
| 11 | | (d) The defense of necessity is not available to a person | 12 | | who is charged
with a violation of subsection (b) of this | 13 | | Section.
| 14 | | (e) Sentence. Violation of this Section by a person not | 15 | | confined
in a penal institution shall be a Class X 3 felony
for | 16 | | which the person shall be sentenced to no less than 2 years and | 17 | | no
more than 10 years and any second or subsequent violation | 18 | | shall be a Class 2 felony for which the person shall be | 19 | | sentenced to a term of imprisonment of not less than 3 years | 20 | | and not more than 14 years. Violation of this Section by a | 21 | | person not confined in a
penal institution who has been | 22 | | convicted of a forcible felony, a felony
violation of Article | 23 | | 24 of this Code or of the Firearm Owners Identification
Card | 24 | | Act, stalking or aggravated stalking, or a Class 2 or greater | 25 | | felony
under the Illinois Controlled Substances Act, the | 26 | | Cannabis Control Act, or the Methamphetamine Control and |
| | | HB2463 | - 13 - | LRB098 09023 RLC 39159 b |
|
| 1 | | Community Protection Act is a
Class 2 felony for which the | 2 | | person
shall be sentenced to not less than 3 years and not more | 3 | | than 14 years.
Violation of this Section by a person who is on | 4 | | parole or mandatory supervised
release is a Class 2 felony for | 5 | | which the person shall be sentenced to not less than 3 years | 6 | | and not more than 14
years. Violation of this Section by a | 7 | | person not confined in a penal
institution is a Class X felony | 8 | | when the firearm possessed is a machine gun .
Any person who | 9 | | violates this Section while confined in a penal
institution is | 10 | | guilty of a Class X felony unless the firearm possessed is a | 11 | | machine gun in which case it is , which is a facility of the | 12 | | Illinois Department of
Corrections, is guilty of a Class 1
| 13 | | felony, if he possesses any weapon prohibited under Section | 14 | | 24-1 of this
Code regardless of the intent with which he | 15 | | possesses it, a Class X
felony if he possesses any firearm, | 16 | | firearm ammunition or explosive, and a
Class X felony for which | 17 | | the offender shall be sentenced to not less than 12
years and | 18 | | not more than 50 years when the firearm possessed is a machine
| 19 | | gun . A violation of this Section while wearing or in possession | 20 | | of body armor as defined in Section 33F-1 is a Class X felony | 21 | | punishable by a term of imprisonment of not less than 10 years | 22 | | and not more than 40 years.
The possession of each firearm or | 23 | | firearm ammunition in violation of this Section constitutes a | 24 | | single and separate violation.
| 25 | | (Source: P.A. 97-237, eff. 1-1-12.)
|
| | | HB2463 | - 14 - | LRB098 09023 RLC 39159 b |
|
| 1 | | (720 ILCS 5/24-1.6) | 2 | | Sec. 24-1.6. Aggravated unlawful use of a weapon. | 3 | | (a) A person commits the offense of aggravated unlawful use | 4 | | of a weapon when
he or she knowingly: | 5 | | (1) Carries on or about his or her person or in any | 6 | | vehicle or concealed
on or about his or her person except | 7 | | when on his or her land or in his or her
abode, legal | 8 | | dwelling, or fixed place of business, or on the land or in | 9 | | the legal dwelling of another person as an invitee with | 10 | | that person's permission, any pistol, revolver, stun gun or | 11 | | taser or
other firearm; or | 12 | | (2) Carries or possesses on or about his or her person, | 13 | | upon any public
street, alley, or other public lands within | 14 | | the corporate limits of a city,
village or incorporated | 15 | | town, except when an invitee thereon or therein, for
the | 16 | | purpose of the display of such weapon or the lawful | 17 | | commerce in weapons, or
except when on his or her own land | 18 | | or in his or her own abode, legal dwelling, or fixed place | 19 | | of
business, or on the land or in the legal dwelling of | 20 | | another person as an invitee with that person's permission, | 21 | | any pistol, revolver, stun gun or taser or other firearm; | 22 | | and | 23 | | (3) One of the following factors is present: | 24 | | (A) the firearm possessed was uncased, loaded and | 25 | | immediately accessible
at the time of the offense; or | 26 | | (B) the firearm possessed was uncased, unloaded |
| | | HB2463 | - 15 - | LRB098 09023 RLC 39159 b |
|
| 1 | | and the ammunition for
the weapon was immediately | 2 | | accessible at the time of the offense; or | 3 | | (C) the person possessing the firearm has not been | 4 | | issued a currently
valid Firearm Owner's | 5 | | Identification Card; or | 6 | | (D) the person possessing the weapon was | 7 | | previously adjudicated
a delinquent minor under the | 8 | | Juvenile Court Act of 1987 for an act that if
committed | 9 | | by an adult would be a felony; or | 10 | | (E) the person possessing the weapon was engaged in | 11 | | a misdemeanor
violation of the Cannabis
Control Act, in | 12 | | a misdemeanor violation of the Illinois Controlled | 13 | | Substances
Act, or in a misdemeanor violation of the | 14 | | Methamphetamine Control and Community Protection Act; | 15 | | or | 16 | | (F) (blank); or | 17 | | (G) the person possessing the weapon had a order of | 18 | | protection issued
against him or her within the | 19 | | previous 2 years; or | 20 | | (H) the person possessing the weapon was engaged in | 21 | | the commission or
attempted commission of
a | 22 | | misdemeanor involving the use or threat of violence | 23 | | against
the person or property of another; or | 24 | | (I) the person possessing the weapon was under 21 | 25 | | years of age and in
possession of a handgun as defined | 26 | | in Section 24-3, unless the person under 21
is engaged |
| | | HB2463 | - 16 - | LRB098 09023 RLC 39159 b |
|
| 1 | | in lawful activities under the Wildlife Code or | 2 | | described in
subsection 24-2(b)(1), (b)(3), or | 3 | | 24-2(f). | 4 | | (b) "Stun gun or taser" as used in this Section has the | 5 | | same definition
given to it in Section 24-1 of this Code. | 6 | | (c) This Section does not apply to or affect the | 7 | | transportation or
possession
of weapons that: | 8 | | (i) are broken down in a non-functioning state; or | 9 | | (ii) are not immediately accessible; or | 10 | | (iii) are unloaded and enclosed in a case, firearm | 11 | | carrying box,
shipping box, or other container by a | 12 | | person who has been issued a currently
valid Firearm | 13 | | Owner's
Identification Card. | 14 | | (d) Sentence. | 15 | | (1) Aggravated unlawful use of a weapon is a Class 2 4 | 16 | | felony;
a second or subsequent offense is a Class 1 2 | 17 | | felony for which the person shall be sentenced to a term of | 18 | | imprisonment of not less than 4 3 years and not more than | 19 | | 15 7 years. | 20 | | (2) Except as otherwise provided in paragraphs (3) and | 21 | | (4) of this subsection (d), a first offense of aggravated | 22 | | unlawful use of a weapon committed with a firearm by a | 23 | | person 18 years of age or older where the factors listed in | 24 | | both items (A) and (C) of paragraph (3) of subsection (a) | 25 | | are present is a Class 2 4 felony, for which the person | 26 | | shall be sentenced to a term of imprisonment of not less |
| | | HB2463 | - 17 - | LRB098 09023 RLC 39159 b |
|
| 1 | | than 3 years one year and not more than 7 3 years. | 2 | | (3) Aggravated unlawful use of
a weapon by a person who | 3 | | has been previously
convicted of a felony in this State or | 4 | | another jurisdiction is a Class X 2
felony for which the | 5 | | person shall be sentenced to a term of imprisonment of not | 6 | | less than 3 years and not more than 7 years . | 7 | | (4) Aggravated unlawful use of a weapon while wearing | 8 | | or in possession of body armor as defined in Section 33F-1 | 9 | | by a person who has not been issued a valid Firearms | 10 | | Owner's Identification Card in accordance with Section 5 of | 11 | | the Firearm Owners Identification Card Act is a Class X | 12 | | felony.
| 13 | | (e) The possession of each firearm in violation of this | 14 | | Section constitutes a single and separate violation. | 15 | | (Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09; | 16 | | 96-829, eff. 12-3-09; 96-1107, eff. 1-1-11.)
|
|