Full Text of HB4376 98th General Assembly
HB4376 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB4376 Introduced , by Rep. Josh Harms SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/24-1 | from Ch. 38, par. 24-1 | 720 ILCS 5/24-1.6 | |
|
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 |
|
| | | HB4376 | | LRB098 13942 RLC 48490 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 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 |
| | | HB4376 | - 2 - | LRB098 13942 RLC 48490 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 : | 16 | | (A) weapons , other than rifles, shotguns, or other | 17 | | long guns that are transported in a vehicle,
that meet | 18 | | one of the following conditions:
| 19 | |
(i) are broken down in a non-functioning | 20 | | state; or
| 21 | |
(ii) are not immediately accessible; or
| 22 | | (iii) are unloaded and enclosed in a case, | 23 | | firearm carrying box,
shipping box, or other | 24 | | container by a person who has been issued a | 25 | | currently
valid Firearm Owner's
Identification | 26 | | Card; or
|
| | | HB4376 | - 3 - | LRB098 13942 RLC 48490 b |
|
| 1 | | (B) rifles, shotguns, or other long guns in a | 2 | | vehicle by a person who has been issued a currently
| 3 | | valid Firearm Owner's
Identification Card if the | 4 | | firearms are unloaded; or
| 5 | | (5) Sets a spring gun; or
| 6 | | (6) Possesses any device or attachment of any kind | 7 | | designed, used or
intended for use in silencing the report | 8 | | of any firearm; or
| 9 | | (7) Sells, manufactures, purchases, possesses or | 10 | | carries:
| 11 | | (i) a machine gun, which shall be defined for the | 12 | | purposes of this
subsection as any weapon,
which | 13 | | shoots, is designed to shoot, or can be readily | 14 | | restored to shoot,
automatically more than one shot | 15 | | without manually reloading by a single
function of the | 16 | | trigger, including the frame or receiver
of any such | 17 | | weapon, or sells, manufactures, purchases, possesses, | 18 | | or
carries any combination of parts designed or | 19 | | intended for
use in converting any weapon into a | 20 | | machine gun, or any combination or
parts from which a | 21 | | machine gun can be assembled if such parts are in the
| 22 | | possession or under the control of a person;
| 23 | | (ii) any rifle having one or
more barrels less than | 24 | | 16 inches in length or a shotgun having one or more
| 25 | | barrels less than 18 inches in length or any weapon | 26 | | made from a rifle or
shotgun, whether by alteration, |
| | | HB4376 | - 4 - | LRB098 13942 RLC 48490 b |
|
| 1 | | modification, or otherwise, if such a weapon
as | 2 | | modified has an overall length of less than 26 inches; | 3 | | or
| 4 | | (iii) any
bomb, bomb-shell, grenade, bottle or | 5 | | other container containing an
explosive substance of | 6 | | over one-quarter ounce for like purposes, such
as, but | 7 | | not limited to, black powder bombs and Molotov | 8 | | cocktails or
artillery projectiles; or
| 9 | | (8) Carries or possesses any firearm, stun gun or taser | 10 | | or other
deadly weapon in any place which is licensed to | 11 | | sell intoxicating
beverages, or at any public gathering | 12 | | held pursuant to a license issued
by any governmental body | 13 | | or any public gathering at which an admission
is charged, | 14 | | excluding a place where a showing, demonstration or lecture
| 15 | | involving the exhibition of unloaded firearms is | 16 | | conducted.
| 17 | | This subsection (a)(8) does not apply to any auction or | 18 | | raffle of a firearm
held pursuant to
a license or permit | 19 | | issued by a governmental body, nor does it apply to persons
| 20 | | engaged
in firearm safety training courses; or
| 21 | | (9) Carries or possesses in a vehicle or on or about | 22 | | his person any
pistol, revolver, stun gun or taser or | 23 | | firearm or ballistic knife, when
he is hooded, robed or | 24 | | masked in such manner as to conceal his identity; or
| 25 | | (10) Carries or possesses on or about his person, upon | 26 | | any public street,
alley, or other public lands within the |
| | | HB4376 | - 5 - | LRB098 13942 RLC 48490 b |
|
| 1 | | corporate limits of a city, village
or incorporated town, | 2 | | except when an invitee thereon or therein, for the
purpose | 3 | | of the display of such weapon or the lawful commerce in | 4 | | weapons, or
except when on his land or in his own abode, | 5 | | legal dwelling, or fixed place of business, or on the land | 6 | | or in the legal dwelling of another person as an invitee | 7 | | with that person's permission, any
pistol, revolver, stun | 8 | | gun or taser or other firearm, except that this
subsection | 9 | | (a) (10) does not apply to or affect transportation of | 10 | | weapons as provided in subsection 24-1(a)(4)(B) or that
| 11 | | meet one of the following conditions:
| 12 | | (i) are broken down in a non-functioning state; or
| 13 | | (ii) are not immediately accessible; or
| 14 | | (iii) are unloaded and enclosed in a case, firearm | 15 | | carrying box,
shipping box, or other container by a | 16 | | person who has been issued a currently
valid Firearm | 17 | | Owner's
Identification Card.
| 18 | | A "stun gun or taser", as used in this paragraph (a) | 19 | | means (i) any device
which is powered by electrical | 20 | | charging units, such as, batteries, and
which fires one or | 21 | | several barbs attached to a length of wire and
which, upon | 22 | | hitting a human, can send out a current capable of | 23 | | disrupting
the person's nervous system in such a manner as | 24 | | to render him incapable of
normal functioning or (ii) any | 25 | | device which is powered by electrical
charging units, such | 26 | | as batteries, and which, upon contact with a human or
|
| | | HB4376 | - 6 - | LRB098 13942 RLC 48490 b |
|
| 1 | | clothing worn by a human, can send out current capable of | 2 | | disrupting
the person's nervous system in such a manner as | 3 | | to render him incapable
of normal functioning; or
| 4 | | (11) Sells, manufactures or purchases any explosive | 5 | | bullet. For purposes
of this paragraph (a) "explosive | 6 | | bullet" means the projectile portion of
an ammunition | 7 | | cartridge which contains or carries an explosive charge | 8 | | which
will explode upon contact with the flesh of a human | 9 | | or an animal.
"Cartridge" means a tubular metal case having | 10 | | a projectile affixed at the
front thereof and a cap or | 11 | | primer at the rear end thereof, with the
propellant | 12 | | contained in such tube between the projectile and the cap; | 13 | | or
| 14 | | (12) (Blank); or
| 15 | | (13) Carries or possesses on or about his or her person | 16 | | while in a building occupied by a unit of government, a | 17 | | billy club, other weapon of like character, or other | 18 | | instrument of like character intended for use as a weapon. | 19 | | For the purposes of this Section, "billy club" means a | 20 | | short stick or club commonly carried by police officers | 21 | | which is either telescopic or constructed of a solid piece | 22 | | of wood or other man-made material. | 23 | | (b) Sentence. A person convicted of a violation of | 24 | | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| 25 | | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | 26 | | Class A
misdemeanor.
A person convicted of a violation of |
| | | HB4376 | - 7 - | LRB098 13942 RLC 48490 b |
|
| 1 | | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a | 2 | | person
convicted of a violation of subsection 24-1(a)(6) or | 3 | | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | 4 | | convicted of a violation of subsection
24-1(a)(7)(i) commits a | 5 | | Class 2 felony and shall be sentenced to a term of imprisonment | 6 | | of not less than 3 years and not more than 7 years, unless the | 7 | | weapon is possessed in the
passenger compartment of a motor | 8 | | vehicle as defined in Section 1-146 of the
Illinois Vehicle | 9 | | Code, or on the person, while the weapon is loaded, in which
| 10 | | case it shall be a Class X felony. A person convicted of a
| 11 | | second or subsequent violation of subsection 24-1(a)(4), | 12 | | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 | 13 | | felony. The possession of each weapon in violation of this | 14 | | Section constitutes a single and separate violation.
| 15 | | (c) Violations in specific places.
| 16 | | (1) A person who violates subsection 24-1(a)(6) or | 17 | | 24-1(a)(7) in any
school, regardless of the time of day or | 18 | | the time of year, in residential
property owned, operated | 19 | | or managed by a public housing agency or
leased by
a public | 20 | | housing agency as part of a scattered site or mixed-income
| 21 | | development, in a
public park, in a courthouse, on the real | 22 | | property comprising any school,
regardless of the
time of | 23 | | day or the time of year, on residential property owned, | 24 | | operated
or
managed by a public housing agency
or leased by | 25 | | a public housing agency as part of a scattered site or
| 26 | | mixed-income development,
on the real property comprising |
| | | HB4376 | - 8 - | LRB098 13942 RLC 48490 b |
|
| 1 | | any
public park, on the real property comprising any | 2 | | courthouse, in any conveyance
owned, leased or contracted | 3 | | by a school to
transport students to or from school or a | 4 | | school related activity, in any conveyance
owned, leased, | 5 | | or contracted by a public transportation agency, or on any
| 6 | | public way within 1,000 feet of the real property | 7 | | comprising any school,
public park, courthouse, public | 8 | | transportation facility, or residential property owned, | 9 | | operated, or managed
by a public housing agency
or leased | 10 | | by a public housing agency as part of a scattered site or
| 11 | | mixed-income development
commits a Class 2 felony and shall | 12 | | be sentenced to a term of imprisonment of not less than 3 | 13 | | years and not more than 7 years.
| 14 | | (1.5) A person who violates subsection 24-1(a)(4), | 15 | | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | 16 | | time of day or the time of year,
in residential property | 17 | | owned, operated, or managed by a public
housing
agency
or | 18 | | leased by a public housing agency as part of a scattered | 19 | | site or
mixed-income development,
in
a public
park, in a | 20 | | courthouse, on the real property comprising any school, | 21 | | regardless
of the time of day or the time of year, on | 22 | | residential property owned,
operated, or managed by a | 23 | | public housing agency
or leased by a public housing agency | 24 | | as part of a scattered site or
mixed-income development,
on | 25 | | the real property
comprising any public park, on the real | 26 | | property comprising any courthouse, in
any conveyance |
| | | HB4376 | - 9 - | LRB098 13942 RLC 48490 b |
|
| 1 | | owned, leased, or contracted by a school to transport | 2 | | students
to or from school or a school related activity, in | 3 | | any conveyance
owned, leased, or contracted by a public | 4 | | transportation agency, or on any public way within
1,000 | 5 | | feet of the real property comprising any school, public | 6 | | park, courthouse,
public transportation facility, or | 7 | | residential property owned, operated, or managed by a | 8 | | public
housing agency
or leased by a public housing agency | 9 | | as part of a scattered site or
mixed-income development
| 10 | | commits a Class 3 felony.
| 11 | | (2) A person who violates subsection 24-1(a)(1), | 12 | | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | 13 | | time of day or the time of year, in
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,
in
a public park, in a | 17 | | courthouse, on the real property comprising any school,
| 18 | | regardless of the time of day or the time of year, on | 19 | | residential property
owned, operated or managed by a public | 20 | | housing agency
or leased by a public housing agency as part | 21 | | of a scattered site or
mixed-income development,
on the | 22 | | real property
comprising any public park, on the real | 23 | | property comprising any courthouse, in
any conveyance | 24 | | owned, leased or contracted by a school to transport | 25 | | students
to or from school or a school related activity, in | 26 | | any conveyance
owned, leased, or contracted by a public |
| | | HB4376 | - 10 - | LRB098 13942 RLC 48490 b |
|
| 1 | | transportation agency, or on any public way within
1,000 | 2 | | feet of the real property comprising any school, public | 3 | | park, courthouse,
public transportation facility, or | 4 | | residential property owned, operated, or managed by a | 5 | | public
housing agency or leased by a public housing agency | 6 | | as part of a scattered
site or mixed-income development | 7 | | commits a Class 4 felony. "Courthouse"
means any building | 8 | | that is used by the Circuit, Appellate, or Supreme Court of
| 9 | | this State for the conduct of official business.
| 10 | | (3) Paragraphs (1), (1.5), and (2) of this subsection | 11 | | (c) shall not
apply to law
enforcement officers or security | 12 | | officers of such school, college, or
university or to | 13 | | students carrying or possessing firearms for use in | 14 | | training
courses, parades, hunting, target shooting on | 15 | | school ranges, or otherwise with
the consent of school | 16 | | authorities and which firearms are transported unloaded
| 17 | | enclosed in a suitable case, box, or transportation | 18 | | package.
| 19 | | (4) For the purposes of this subsection (c), "school" | 20 | | means any public or
private elementary or secondary school, | 21 | | community college, college, or
university.
| 22 | | (5) For the purposes of this subsection (c), "public | 23 | | transportation agency" means a public or private agency | 24 | | that provides for the transportation or conveyance of
| 25 | | persons by means available to the general public, except | 26 | | for transportation
by automobiles not used for conveyance |
| | | HB4376 | - 11 - | LRB098 13942 RLC 48490 b |
|
| 1 | | of the general public as passengers; and "public | 2 | | transportation facility" means a terminal or other place
| 3 | | where one may obtain public transportation.
| 4 | | (d) The presence in an automobile other than a public | 5 | | omnibus of any
weapon, instrument or substance referred to in | 6 | | subsection (a)(7) is
prima facie evidence that it is in the | 7 | | possession of, and is being
carried by, all persons occupying | 8 | | such automobile at the time such
weapon, instrument or | 9 | | substance is found, except under the following
circumstances: | 10 | | (i) if such weapon, instrument or instrumentality is
found upon | 11 | | the person of one of the occupants therein; or (ii) if such
| 12 | | weapon, instrument or substance is found in an automobile | 13 | | operated for
hire by a duly licensed driver in the due, lawful | 14 | | and proper pursuit of
his trade, then such presumption shall | 15 | | not apply to the driver.
| 16 | | (e) Exemptions. Crossbows, Common or Compound bows and | 17 | | Underwater
Spearguns are exempted from the definition of | 18 | | ballistic knife as defined in
paragraph (1) of subsection (a) | 19 | | of this Section.
| 20 | | (Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09; | 21 | | 95-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09; | 22 | | 96-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)
| 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 use |
| | | HB4376 | - 12 - | LRB098 13942 RLC 48490 b |
|
| 1 | | 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 or | 8 | | taser or
other firearm; or | 9 | | (2) Carries or possesses on or about his or her person, | 10 | | upon any public
street, alley, or other public lands within | 11 | | the corporate limits of a city,
village or incorporated | 12 | | town, except when an invitee thereon or therein, for
the | 13 | | purpose of the display of such weapon or the lawful | 14 | | commerce in weapons, or
except when on his or her own land | 15 | | or in his or her own abode, legal dwelling, or fixed place | 16 | | of
business, or on the land or in the legal dwelling of | 17 | | another person as an invitee with that person's permission, | 18 | | any pistol, revolver, stun gun or taser or other firearm; | 19 | | 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 |
| | | HB4376 | - 13 - | LRB098 13942 RLC 48490 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; or | 14 | | (C) the person possessing the firearm has not been | 15 | | issued a currently
valid Firearm Owner's | 16 | | Identification Card; or | 17 | | (D) the person possessing the weapon was | 18 | | previously adjudicated
a delinquent minor under the | 19 | | Juvenile Court Act of 1987 for an act that if
committed | 20 | | by an adult would be a felony; or | 21 | | (E) the person possessing the weapon was engaged in | 22 | | a misdemeanor
violation of the Cannabis
Control Act, in | 23 | | a misdemeanor violation of the Illinois Controlled | 24 | | Substances
Act, or in a misdemeanor violation of the | 25 | | Methamphetamine Control and Community Protection Act; | 26 | | or |
| | | HB4376 | - 14 - | LRB098 13942 RLC 48490 b |
|
| 1 | | (F) (blank); or | 2 | | (G) the person possessing the weapon had a order of | 3 | | protection issued
against him or her within the | 4 | | previous 2 years; or | 5 | | (H) the person possessing the weapon was engaged in | 6 | | the commission or
attempted commission of
a | 7 | | misdemeanor involving the use or threat of violence | 8 | | against
the person or property of another; or | 9 | | (I) the person possessing the weapon was under 21 | 10 | | years of age and in
possession of a handgun, unless the | 11 | | person under 21
is engaged in lawful activities under | 12 | | the Wildlife Code or described in
subsection | 13 | | 24-2(b)(1), (b)(3), or 24-2(f). | 14 | | (a-5) "Handgun" as used in this Section has the meaning | 15 | | given to it in Section 5 of the Firearm Concealed Carry Act. | 16 | | (b) "Stun gun or taser" as used in this Section has the | 17 | | same definition
given to it in Section 24-1 of this Code. | 18 | | (c) This Section does not apply to or affect the | 19 | | transportation or
possession
of weapons as provided in | 20 | | subsection 24-1(a)(4)(B) or that: | 21 | | (i) are broken down in a non-functioning state; or | 22 | | (ii) are not immediately accessible; or | 23 | | (iii) are unloaded and enclosed in a case, firearm | 24 | | carrying box,
shipping box, or other container by a person | 25 | | who has been issued a currently
valid Firearm Owner's
| 26 | | Identification Card. |
| | | HB4376 | - 15 - | LRB098 13942 RLC 48490 b |
|
| 1 | | (d) Sentence. | 2 | | (1) Aggravated unlawful use of a weapon is a Class 4 | 3 | | felony;
a second or subsequent offense is a Class 2 felony | 4 | | for which the person shall be sentenced to a term of | 5 | | imprisonment of not less than 3 years and not more than 7 | 6 | | years. | 7 | | (2) Except as otherwise provided in paragraphs (3) and | 8 | | (4) of this subsection (d), a first offense of aggravated | 9 | | unlawful use of a weapon committed with a firearm by a | 10 | | person 18 years of age or older where the factors listed in | 11 | | both items (A) and (C) or both items (A-5) and (C) of | 12 | | paragraph (3) of subsection (a) are present is a Class 4 | 13 | | felony, for which the person shall be sentenced to a term | 14 | | of imprisonment of not less than one year and not more than | 15 | | 3 years. | 16 | | (3) Aggravated unlawful use of
a weapon by a person who | 17 | | has been previously
convicted of a felony in this State or | 18 | | another jurisdiction is a Class 2
felony for which the | 19 | | person shall be sentenced to a term of imprisonment of not | 20 | | less than 3 years and not more than 7 years. | 21 | | (4) Aggravated unlawful use of a weapon while wearing | 22 | | or in possession of body armor as defined in Section 33F-1 | 23 | | by a person who has not been issued a valid Firearms | 24 | | Owner's Identification Card in accordance with Section 5 of | 25 | | the Firearm Owners Identification Card Act is a Class X | 26 | | felony.
|
| | | HB4376 | - 16 - | LRB098 13942 RLC 48490 b |
|
| 1 | | (e) The possession of each firearm in violation of this | 2 | | Section constitutes a single and separate violation. | 3 | | (Source: P.A. 98-63, eff. 7-9-13.)
|
|