HB4120 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4120

 

Introduced , by Rep. Barbara Wheeler

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-1  from Ch. 38, par. 24-1

    Amends the Criminal Code of 2012 concerning unlawful use of weapons. Provides that 120 days after the effective date of the bill, it is unlawful for a person to knowingly import, sell, manufacture, transfer, or possess, in this State, a bump-fire stock for a semi-automatic firearm that does not convert the semi-automatic firearm into a machine gun. Defines "bump-fire stock" as a butt stock designed to be attached to a semi-automatic firearm and designed, made, or altered, and intended to increase the rate of fire achievable with the firearm to that of a fully automatic firearm by using the energy from the recoil of the firearm to generate reciprocating action that facilitates repeated activation of the trigger. Provides that a violation is a Class 4 felony. Effective immediately.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 24-1 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
9when 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

 

 

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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            (iv) are carried or possessed in accordance with
24        the Firearm Concealed Carry Act by a person who has
25        been issued a currently valid license under the Firearm
26        Concealed Carry Act; or

 

 

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1        (5) Sets a spring gun; or
2        (6) Possesses any device or attachment of any kind
3    designed, used or intended for use in silencing the report
4    of any firearm; or
5        (7) Sells, manufactures, purchases, possesses or
6    carries:
7            (i) a machine gun, which shall be defined for the
8        purposes of this subsection as any weapon, which
9        shoots, is designed to shoot, or can be readily
10        restored to shoot, automatically more than one shot
11        without manually reloading by a single function of the
12        trigger, including the frame or receiver of any such
13        weapon, or sells, manufactures, purchases, possesses,
14        or carries any combination of parts designed or
15        intended for use in converting any weapon into a
16        machine gun, or any combination or parts from which a
17        machine gun can be assembled if such parts are in the
18        possession or under the control of a person;
19            (ii) any rifle having one or more barrels less than
20        16 inches in length or a shotgun having one or more
21        barrels less than 18 inches in length or any weapon
22        made from a rifle or shotgun, whether by alteration,
23        modification, or otherwise, if such a weapon as
24        modified has an overall length of less than 26 inches;
25        or
26            (iii) any bomb, bomb-shell, grenade, bottle or

 

 

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1        other container containing an explosive substance of
2        over one-quarter ounce for like purposes, such as, but
3        not limited to, black powder bombs and Molotov
4        cocktails or artillery projectiles; or
5        (8) Carries or possesses any firearm, stun gun or taser
6    or other deadly weapon in any place which is licensed to
7    sell intoxicating beverages, or at any public gathering
8    held pursuant to a license issued by any governmental body
9    or any public gathering at which an admission is charged,
10    excluding a place where a showing, demonstration or lecture
11    involving the exhibition of unloaded firearms is
12    conducted.
13        This subsection (a)(8) does not apply to any auction or
14    raffle of a firearm held pursuant to a license or permit
15    issued by a governmental body, nor does it apply to persons
16    engaged in firearm safety training courses; or
17        (9) Carries or possesses in a vehicle or on or about
18    his person any pistol, revolver, stun gun or taser or
19    firearm or ballistic knife, when he is hooded, robed or
20    masked in such manner as to conceal his identity; or
21        (10) Carries or possesses on or about his person, upon
22    any public street, alley, or other public lands within the
23    corporate limits of a city, village or incorporated town,
24    except when an invitee thereon or therein, for the purpose
25    of the display of such weapon or the lawful commerce in
26    weapons, or except when on his land or in his own abode,

 

 

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1    legal dwelling, or fixed place of business, or on the land
2    or in the legal dwelling of another person as an invitee
3    with that person's permission, any pistol, revolver, stun
4    gun or taser or other firearm, except that this subsection
5    (a) (10) does not apply to or affect transportation of
6    weapons that meet one of the following conditions:
7            (i) are broken down in a non-functioning state; or
8            (ii) are not immediately accessible; or
9            (iii) are unloaded and enclosed in a case, firearm
10        carrying box, shipping box, or other container by a
11        person who has been issued a currently valid Firearm
12        Owner's Identification Card; or
13            (iv) are carried or possessed in accordance with
14        the Firearm Concealed Carry Act by a person who has
15        been issued a currently valid license under the Firearm
16        Concealed Carry Act.
17        A "stun gun or taser", as used in this paragraph (a)
18    means (i) any device which is powered by electrical
19    charging units, such as, batteries, and which fires one or
20    several barbs attached to a length of wire and which, upon
21    hitting a human, can send out a current capable of
22    disrupting the person's nervous system in such a manner as
23    to render him incapable of normal functioning or (ii) any
24    device which is powered by electrical charging units, such
25    as batteries, and which, upon contact with a human or
26    clothing worn by a human, can send out current capable of

 

 

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1    disrupting the person's nervous system in such a manner as
2    to render him incapable of normal functioning; or
3        (11) Sells, manufactures or purchases any explosive
4    bullet. For purposes of this paragraph (a) "explosive
5    bullet" means the projectile portion of an ammunition
6    cartridge which contains or carries an explosive charge
7    which will explode upon contact with the flesh of a human
8    or an animal. "Cartridge" means a tubular metal case having
9    a projectile affixed at the front thereof and a cap or
10    primer at the rear end thereof, with the propellant
11    contained in such tube between the projectile and the cap;
12    or
13        (12) (Blank); or
14        (13) Carries or possesses on or about his or her person
15    while in a building occupied by a unit of government, a
16    billy club, other weapon of like character, or other
17    instrument of like character intended for use as a weapon.
18    For the purposes of this Section, "billy club" means a
19    short stick or club commonly carried by police officers
20    which is either telescopic or constructed of a solid piece
21    of wood or other man-made material; or
22        (14) 120 days after the effective date of this
23    amendatory Act of the 100th General Assembly, imports,
24    sells, manufactures, transfers, or possesses, in this
25    State, a bump-fire stock for a semi-automatic firearm that
26    does not convert the semi-automatic firearm into a machine

 

 

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1    gun. For purposes of this paragraph (14), "bump-fire stock"
2    means a butt stock designed to be attached to a
3    semi-automatic firearm and designed, made, or altered, and
4    intended to increase the rate of fire achievable with the
5    firearm to that of a fully automatic firearm by using the
6    energy from the recoil of the firearm to generate
7    reciprocating action that facilitates repeated activation
8    of the trigger.
9    (b) Sentence. A person convicted of a violation of
10subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
11subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
12Class A misdemeanor. A person convicted of a violation of
13subsection 24-1(a)(8), or 24-1(a)(9), or 24-1(a)(14) commits a
14Class 4 felony; a person convicted of a violation of subsection
1524-1(a)(6) or 24-1(a)(7)(ii) or (iii) commits a Class 3 felony.
16A person convicted of a violation of subsection 24-1(a)(7)(i)
17commits a Class 2 felony and shall be sentenced to a term of
18imprisonment of not less than 3 years and not more than 7
19years, unless the weapon is possessed in the passenger
20compartment of a motor vehicle as defined in Section 1-146 of
21the Illinois Vehicle Code, or on the person, while the weapon
22is loaded, in which case it shall be a Class X felony. A person
23convicted of a second or subsequent violation of subsection
2424-1(a)(4), 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a
25Class 3 felony. The possession of each weapon in violation of
26this Section constitutes a single and separate violation.

 

 

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1    (c) Violations in specific places.
2        (1) A person who violates subsection 24-1(a)(6) or
3    24-1(a)(7) in any school, regardless of the time of day or
4    the time of year, in residential property owned, operated
5    or managed by a public housing agency or leased by a public
6    housing agency as part of a scattered site or mixed-income
7    development, in a public park, in a courthouse, on the real
8    property comprising any school, regardless of the time of
9    day or the time of year, on residential property owned,
10    operated or managed by a public housing agency or leased by
11    a public housing agency as part of a scattered site or
12    mixed-income development, on the real property comprising
13    any public park, on the real property comprising any
14    courthouse, in any conveyance owned, leased or contracted
15    by a school to transport students to or from school or a
16    school related activity, in any conveyance owned, leased,
17    or contracted by a public transportation agency, or on any
18    public way within 1,000 feet of the real property
19    comprising any school, public park, courthouse, public
20    transportation facility, or residential property owned,
21    operated, or managed by a public housing agency or leased
22    by a public housing agency as part of a scattered site or
23    mixed-income development commits a Class 2 felony and shall
24    be sentenced to a term of imprisonment of not less than 3
25    years and not more than 7 years.
26        (1.5) A person who violates subsection 24-1(a)(4),

 

 

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1    24-1(a)(9), or 24-1(a)(10) in any school, regardless of the
2    time of day or the time of year, in residential property
3    owned, operated, or managed by a public housing agency or
4    leased by a public housing agency as part of a scattered
5    site or mixed-income development, in a public park, in a
6    courthouse, on the real property comprising any school,
7    regardless of the time of day or the time of year, on
8    residential property owned, operated, or managed by a
9    public housing agency or leased by a public housing agency
10    as part of a scattered site or mixed-income development, on
11    the real property comprising any public park, on the real
12    property comprising any courthouse, in any conveyance
13    owned, leased, or contracted by a school to transport
14    students to or from school or a school related activity, in
15    any conveyance owned, leased, or contracted by a public
16    transportation agency, or on any public way within 1,000
17    feet of the real property comprising any school, public
18    park, courthouse, public transportation facility, or
19    residential property owned, operated, or managed by a
20    public housing agency or leased by a public housing agency
21    as part of a scattered site or mixed-income development
22    commits a Class 3 felony.
23        (2) A person who violates subsection 24-1(a)(1),
24    24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
25    time of day or the time of year, in residential property
26    owned, operated or managed by a public housing agency or

 

 

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1    leased by a public housing agency as part of a scattered
2    site or mixed-income development, in a public park, in a
3    courthouse, on the real property comprising any school,
4    regardless of the time of day or the time of year, on
5    residential property owned, operated or managed by a public
6    housing agency or leased by a public housing agency as part
7    of a scattered site or mixed-income development, on the
8    real property comprising any public park, on the real
9    property comprising any courthouse, in any conveyance
10    owned, leased or contracted by a school to transport
11    students to or from school or a school related activity, in
12    any conveyance owned, leased, or contracted by a public
13    transportation agency, or on any public way within 1,000
14    feet of the real property comprising any school, public
15    park, courthouse, public transportation facility, or
16    residential property owned, operated, or managed by a
17    public housing agency or leased by a public housing agency
18    as part of a scattered site or mixed-income development
19    commits a Class 4 felony. "Courthouse" means any building
20    that is used by the Circuit, Appellate, or Supreme Court of
21    this State for the conduct of official business.
22        (3) Paragraphs (1), (1.5), and (2) of this subsection
23    (c) shall not apply to law enforcement officers or security
24    officers of such school, college, or university or to
25    students carrying or possessing firearms for use in
26    training courses, parades, hunting, target shooting on

 

 

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1    school ranges, or otherwise with the consent of school
2    authorities and which firearms are transported unloaded
3    enclosed in a suitable case, box, or transportation
4    package.
5        (4) For the purposes of this subsection (c), "school"
6    means any public or private elementary or secondary school,
7    community college, college, or university.
8        (5) For the purposes of this subsection (c), "public
9    transportation agency" means a public or private agency
10    that provides for the transportation or conveyance of
11    persons by means available to the general public, except
12    for transportation by automobiles not used for conveyance
13    of the general public as passengers; and "public
14    transportation facility" means a terminal or other place
15    where one may obtain public transportation.
16    (d) The presence in an automobile other than a public
17omnibus of any weapon, instrument or substance referred to in
18subsection (a)(7) is prima facie evidence that it is in the
19possession of, and is being carried by, all persons occupying
20such automobile at the time such weapon, instrument or
21substance is found, except under the following circumstances:
22(i) if such weapon, instrument or instrumentality is found upon
23the person of one of the occupants therein; or (ii) if such
24weapon, instrument or substance is found in an automobile
25operated for hire by a duly licensed driver in the due, lawful
26and proper pursuit of his trade, then such presumption shall

 

 

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1not apply to the driver.
2    (e) Exemptions.
3        (1) Crossbows, Common or Compound bows and Underwater
4    Spearguns are exempted from the definition of ballistic
5    knife as defined in paragraph (1) of subsection (a) of this
6    Section.
7        (2) The provision of paragraph (1) of subsection (a) of
8    this Section prohibiting the sale, manufacture, purchase,
9    possession, or carrying of any knife, commonly referred to
10    as a switchblade knife, which has a blade that opens
11    automatically by hand pressure applied to a button, spring
12    or other device in the handle of the knife, does not apply
13    to a person who possesses a currently valid Firearm Owner's
14    Identification Card previously issued in his or her name by
15    the Department of State Police or to a person or an entity
16    engaged in the business of selling or manufacturing
17    switchblade knives.
18(Source: P.A. 99-29, eff. 7-10-15; 100-82, eff. 8-11-17.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.