Full Text of SB0072 096th General Assembly
SB0072 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB0072
Introduced 1/30/2009, by Sen. William R. Haine SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/24-1 |
from Ch. 38, par. 24-1 |
720 ILCS 5/24-1.6 |
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720 ILCS 5/24-2 |
from Ch. 38, par. 24-2 |
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Amends the Criminal Code of 1961. Provides that it is not a violation of the statutes concerning unlawful use of weapons and aggravated unlawful use of a weapon to carry or possess any pistol, revolver, stun gun, taser, or other firearm in one's dwelling. Effective immediately.
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A BILL FOR
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SB0072 |
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LRB096 02976 RLC 12990 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| Sections 24-1, 24-1.6, and 24-2 as follows:
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| (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
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| Sec. 24-1. Unlawful Use of Weapons.
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| (a) A person commits the offense of unlawful use of weapons | 9 |
| when
he knowingly:
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| (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
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| 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
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| (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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| deadly weapon or instrument of like character; or
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| (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
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| years of age or older; or
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| (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 or dwelling or fixed place of
business any pistol, | 11 |
| revolver, stun gun or taser or other firearm, except
that
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| this subsection (a) (4) does not apply to or affect | 13 |
| transportation of weapons
that meet one of the following | 14 |
| conditions:
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| (i) are broken down in a non-functioning state; or
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| (ii) are not immediately accessible; or
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| (iii) are unloaded and enclosed in a case, firearm | 18 |
| carrying box,
shipping box, or other container by a | 19 |
| person who has been issued a currently
valid Firearm | 20 |
| Owner's
Identification Card; or
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| (5) Sets a spring gun; or
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| (6) Possesses any device or attachment of any kind | 23 |
| designed, used or
intended for use in silencing the report | 24 |
| of any firearm; or
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| (7) Sells, manufactures, purchases, possesses or | 26 |
| carries:
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| (i) a machine gun, which shall be defined for the | 2 |
| purposes of this
subsection as any weapon,
which | 3 |
| shoots, is designed to shoot, or can be readily | 4 |
| restored to shoot,
automatically more than one shot | 5 |
| without manually reloading by a single
function of the | 6 |
| trigger, including the frame or receiver
of any such | 7 |
| weapon, or sells, manufactures, purchases, possesses, | 8 |
| or
carries any combination of parts designed or | 9 |
| intended for
use in converting any weapon into a | 10 |
| machine gun, or any combination or
parts from which a | 11 |
| machine gun can be assembled if such parts are in the
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| possession or under the control of a person;
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| (ii) any rifle having one or
more barrels less than | 14 |
| 16 inches in length or a shotgun having one or more
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| barrels less than 18 inches in length or any weapon | 16 |
| made from a rifle or
shotgun, whether by alteration, | 17 |
| modification, or otherwise, if such a weapon
as | 18 |
| modified has an overall length of less than 26 inches; | 19 |
| or
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| (iii) any
bomb, bomb-shell, grenade, bottle or | 21 |
| other container containing an
explosive substance of | 22 |
| over one-quarter ounce for like purposes, such
as, but | 23 |
| not limited to, black powder bombs and Molotov | 24 |
| cocktails or
artillery projectiles; or
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| (8) Carries or possesses any firearm, stun gun or taser | 26 |
| or other
deadly weapon in any place which is licensed to |
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| sell intoxicating
beverages, or at any public gathering | 2 |
| held pursuant to a license issued
by any governmental body | 3 |
| or any public gathering at which an admission
is charged, | 4 |
| excluding a place where a showing, demonstration or lecture
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| involving the exhibition of unloaded firearms is | 6 |
| conducted.
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| This subsection (a)(8) does not apply to any auction or | 8 |
| raffle of a firearm
held pursuant to
a license or permit | 9 |
| issued by a governmental body, nor does it apply to persons
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| engaged
in firearm safety training courses; or
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| (9) Carries or possesses in a vehicle or on or about | 12 |
| his person any
pistol, revolver, stun gun or taser or | 13 |
| firearm or ballistic knife, when
he is hooded, robed or | 14 |
| masked in such manner as to conceal his identity; or
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| (10) Carries or possesses on or about his person, upon | 16 |
| any public street,
alley, or other public lands within the | 17 |
| corporate limits of a city, village
or incorporated town, | 18 |
| except when an invitee thereon or therein, for the
purpose | 19 |
| of the display of such weapon or the lawful commerce in | 20 |
| weapons, or
except when on his land or in his own abode or | 21 |
| dwelling or fixed place of business, any
pistol, revolver, | 22 |
| stun gun or taser or other firearm, except that this
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| subsection (a) (10) does not apply to or affect | 24 |
| transportation of weapons that
meet one of the following | 25 |
| conditions:
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| (i) are broken down in a non-functioning state; or
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| (ii) are not immediately accessible; or
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| (iii) are unloaded and enclosed in a case, firearm | 3 |
| carrying box,
shipping box, or other container by a | 4 |
| person who has been issued a currently
valid Firearm | 5 |
| Owner's
Identification Card.
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| 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
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| 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
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| (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 having | 24 |
| a projectile affixed at the
front thereof and a cap or | 25 |
| primer at the rear end thereof, with the
propellant | 26 |
| contained in such tube between the projectile and the cap; |
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| or
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| (12) (Blank); or
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| (13) Carries or possesses on or about his or her person | 4 |
| while in a building occupied by a unit of government, a | 5 |
| billy club, other weapon of like character, or other | 6 |
| instrument of like character intended for use as a weapon. | 7 |
| For the purposes of this Section, "billy club" means a | 8 |
| short stick or club commonly carried by police officers | 9 |
| which is either telescopic or constructed of a solid piece | 10 |
| 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),
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| 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; a | 16 |
| 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
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| case it shall be a Class X felony. A person convicted of a
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| 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 |
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| felony. The possession of each weapon in violation of this | 2 |
| Section constitutes a single and separate violation.
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| (c) Violations in specific places.
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| (1) A person who violates subsection 24-1(a)(6) or | 5 |
| 24-1(a)(7) in any
school, regardless of the time of day or | 6 |
| the time of year, in residential
property owned, operated | 7 |
| or managed by a public housing agency or
leased by
a public | 8 |
| housing agency as part of a scattered site or mixed-income
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| development, in a
public park, in a courthouse, on the real | 10 |
| property comprising any school,
regardless of the
time of | 11 |
| day or the time of year, on residential property owned, | 12 |
| operated
or
managed by a public housing agency
or leased by | 13 |
| a public housing agency as part of a scattered site or
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| mixed-income development,
on the real property comprising | 15 |
| any
public park, on the real property comprising any | 16 |
| courthouse, in any conveyance
owned, leased or contracted | 17 |
| by a school to
transport students to or from school or a | 18 |
| school related activity, or on any
public way within 1,000 | 19 |
| feet of the real property comprising any school,
public | 20 |
| park, courthouse, or residential property owned, operated, | 21 |
| or managed
by a public housing agency
or leased by a public | 22 |
| housing agency as part of a scattered site or
mixed-income | 23 |
| development
commits a Class 2 felony and shall be sentenced | 24 |
| to a term of imprisonment of not less than 3 years and not | 25 |
| more than 7 years.
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| (1.5) A person who violates subsection 24-1(a)(4), |
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| 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, or | 15 |
| on any public way within
1,000 feet of the real property | 16 |
| comprising any school, public park, courthouse,
or | 17 |
| residential property owned, operated, or managed by a | 18 |
| public
housing agency
or leased by a public housing agency | 19 |
| as part of a scattered site or
mixed-income development
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| commits a Class 3 felony.
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| (2) A person who violates subsection 24-1(a)(1), | 22 |
| 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | 23 |
| time of day or the time of year, in
residential property | 24 |
| owned, operated or managed by a public housing
agency
or | 25 |
| leased by a public housing agency as part of a scattered | 26 |
| site or
mixed-income development,
in
a public park, in a |
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| courthouse, on the real property comprising any school,
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| regardless of the time of day or the time of year, on | 3 |
| residential property
owned, operated or managed by a public | 4 |
| housing agency
or leased by a public housing agency as part | 5 |
| of a scattered site or
mixed-income development,
on the | 6 |
| real property
comprising any public park, on the real | 7 |
| property comprising any courthouse, in
any conveyance | 8 |
| owned, leased or contracted by a school to transport | 9 |
| students
to or from school or a school related activity, or | 10 |
| on any public way within
1,000 feet of the real property | 11 |
| comprising any school, public park, courthouse,
or | 12 |
| 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 |
| commits a Class 4 felony. "Courthouse"
means any building | 16 |
| that is used by the Circuit, Appellate, or Supreme Court of
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| this State for the conduct of official business.
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| (3) Paragraphs (1), (1.5), and (2) of this subsection | 19 |
| (c) shall not
apply to law
enforcement officers or security | 20 |
| officers of such school, college, or
university or to | 21 |
| students carrying or possessing firearms for use in | 22 |
| training
courses, parades, hunting, target shooting on | 23 |
| school ranges, or otherwise with
the consent of school | 24 |
| authorities and which firearms are transported unloaded
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| enclosed in a suitable case, box, or transportation | 26 |
| package.
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| (4) For the purposes of this subsection (c), "school" | 2 |
| means any public or
private elementary or secondary school, | 3 |
| community college, college, or
university.
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| (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
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| 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.
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| (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.
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| (Source: P.A. 94-72, eff. 1-1-06; 94-284, eff. 7-21-05; 95-331, | 21 |
| eff. 8-21-07; 95-809, eff. 1-1-09; 95-885, eff. 1-1-09; revised | 22 |
| 9-5-08.)
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| (720 ILCS 5/24-1.6)
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| Sec. 24-1.6. Aggravated unlawful use of a weapon.
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| (a) A person commits the offense of aggravated unlawful use |
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| of a weapon when
he or she knowingly:
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| (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 or dwelling | 5 |
| or fixed place of business any pistol, revolver, stun gun | 6 |
| or taser or
other firearm; or
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| (2) Carries or possesses on or about his or her person, | 8 |
| upon any public
street, alley, or other public lands within | 9 |
| the corporate limits of a city,
village or incorporated | 10 |
| town, except when an invitee thereon or therein, for
the | 11 |
| purpose of the display of such weapon or the lawful | 12 |
| commerce in weapons, or
except when on his or her own land | 13 |
| or in his or her own abode or dwelling or fixed place of
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| business, any pistol, revolver, stun gun or taser or other | 15 |
| firearm; and
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| (3) One of the following factors is present:
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| (A) the firearm possessed was uncased, loaded and | 18 |
| immediately accessible
at the time of the offense; or
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| (B) the firearm possessed was uncased, unloaded | 20 |
| and the ammunition for
the weapon was immediately | 21 |
| accessible at the time of the offense; or
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| (C) the person possessing the firearm has not been | 23 |
| issued a currently
valid Firearm Owner's | 24 |
| Identification Card; or
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| (D) the person possessing the weapon was | 26 |
| previously adjudicated
a delinquent minor under the |
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| Juvenile Court Act of 1987 for an act that if
committed | 2 |
| by an adult would be a felony; or
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| (E) the person possessing the weapon was engaged in | 4 |
| a misdemeanor
violation of the Cannabis
Control Act, in | 5 |
| a misdemeanor violation of the Illinois Controlled | 6 |
| Substances
Act, or in a misdemeanor violation of the | 7 |
| Methamphetamine Control and Community Protection Act; | 8 |
| or
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| (F) the person possessing the weapon is a member of | 10 |
| a
street gang or is engaged in street gang related | 11 |
| activity, as defined in
Section 10 of the Illinois | 12 |
| Streetgang Terrorism Omnibus Prevention Act; or
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| (G) the person possessing the weapon had a order of | 14 |
| protection issued
against him or her within the | 15 |
| previous 2 years; or
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| (H) the person possessing the weapon was engaged in | 17 |
| the commission or
attempted commission of
a | 18 |
| misdemeanor involving the use or threat of violence | 19 |
| against
the person or property of another; or
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| (I) the person possessing the weapon was under 21 | 21 |
| years of age and in
possession of a handgun as defined | 22 |
| in Section 24-3, unless the person under 21
is engaged | 23 |
| in lawful activities under the Wildlife Code or | 24 |
| described in
subsection 24-2(b)(1), (b)(3), or | 25 |
| 24-2(f).
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| (b) "Stun gun or taser" as used in this Section has the |
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| same definition
given to it in Section 24-1 of this Code.
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| (c) This Section does not apply to or affect the | 3 |
| transportation or
possession
of weapons that:
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| (i) are broken down in a non-functioning state; or
| 5 |
| (ii) are not immediately accessible; or
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| (iii) are unloaded and enclosed in a case, firearm | 7 |
| carrying box,
shipping box, or other container by a | 8 |
| person who has been issued a currently
valid Firearm | 9 |
| Owner's
Identification Card.
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| (d) Sentence. Aggravated unlawful use of a weapon is a | 11 |
| Class 4 felony;
a second or subsequent offense is a Class 2 | 12 |
| felony for which the person shall be sentenced to a term of | 13 |
| imprisonment of not less than 3 years and not more than 7 | 14 |
| years. Aggravated unlawful use of
a weapon by a person who has | 15 |
| been previously
convicted of a felony in this State or another | 16 |
| jurisdiction is a Class 2
felony for which the person shall be | 17 |
| sentenced to a term of imprisonment of not less than 3 years | 18 |
| and not more than 7 years. Aggravated unlawful use of a weapon | 19 |
| while wearing or in possession of body armor as defined in | 20 |
| Section 33F-1 by a person who has not been issued a valid | 21 |
| Firearms Owner's Identification Card in accordance with | 22 |
| Section 5 of the Firearm Owners Identification Card Act is a | 23 |
| Class X felony.
The possession of each firearm in violation of | 24 |
| this Section constitutes a single and separate violation.
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| (Source: P.A. 94-72, eff. 1-1-06; 94-284, eff. 7-21-05; 94-556, | 26 |
| eff. 9-11-05; 95-331, eff. 8-21-07.)
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| (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
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| Sec. 24-2. Exemptions.
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| (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | 4 |
| 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | 5 |
| the following:
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| (1) Peace officers, and any person summoned by a peace | 7 |
| officer to
assist in making arrests or preserving the | 8 |
| peace, while actually engaged in
assisting such officer.
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| (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 |
| while in the performance of their
official duty, or while | 13 |
| commuting between their homes and places of employment.
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| (3) Members of the Armed Services or Reserve Forces of | 15 |
| the United States
or the Illinois National Guard or the | 16 |
| Reserve Officers Training Corps,
while in the performance | 17 |
| of their official duty.
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| (4) Special agents employed by a railroad or a public | 19 |
| utility to
perform police functions, and guards of armored | 20 |
| car companies, while
actually engaged in the performance of | 21 |
| the duties of their employment or
commuting between their | 22 |
| homes and places of employment; and watchmen
while actually | 23 |
| engaged in the performance of the duties of their | 24 |
| employment.
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| (5) Persons licensed as private security contractors, |
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| private
detectives, or private alarm contractors, or | 2 |
| employed by an agency
certified by the Department of | 3 |
| Professional Regulation, if their duties
include the | 4 |
| carrying of a weapon under the provisions of the Private
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| Detective, Private Alarm,
Private Security, Fingerprint | 6 |
| Vendor, and Locksmith Act of 2004,
while actually
engaged | 7 |
| in the performance of the duties of their employment or | 8 |
| commuting
between their homes and places of employment, | 9 |
| provided that such commuting
is accomplished within one | 10 |
| hour from departure from home or place of
employment, as | 11 |
| the case may be. Persons exempted under this subdivision
| 12 |
| (a)(5) shall be required to have completed a course of
| 13 |
| study in firearms handling and training approved and | 14 |
| supervised by the
Department of Professional Regulation as | 15 |
| prescribed by Section 28 of the
Private Detective, Private | 16 |
| Alarm,
Private Security, Fingerprint Vendor, and Locksmith | 17 |
| Act of 2004, prior
to becoming eligible for this exemption. | 18 |
| The Department of Professional
Regulation shall provide | 19 |
| suitable documentation demonstrating the
successful | 20 |
| completion of the prescribed firearms training. Such
| 21 |
| documentation shall be carried at all times when such | 22 |
| persons are in
possession of a concealable weapon.
| 23 |
| (6) Any person regularly employed in a commercial or | 24 |
| industrial
operation as a security guard for the protection | 25 |
| of persons employed
and private property related to such | 26 |
| commercial or industrial
operation, while actually engaged |
|
|
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| in the performance of his or her
duty or traveling between | 2 |
| sites or properties belonging to the
employer, and who, as | 3 |
| a security guard, is a member of a security force of
at | 4 |
| least 5 persons registered with the Department of | 5 |
| Professional
Regulation; provided that such security guard | 6 |
| has successfully completed a
course of study, approved by | 7 |
| and supervised by the Department of
Professional | 8 |
| Regulation, consisting of not less than 40 hours of | 9 |
| training
that includes the theory of law enforcement, | 10 |
| liability for acts, and the
handling of weapons. A person | 11 |
| shall be considered eligible for this
exemption if he or | 12 |
| she has completed the required 20
hours of training for a | 13 |
| security officer and 20 hours of required firearm
training, | 14 |
| and has been issued a firearm control card by
the | 15 |
| Department of Professional Regulation. Conditions for the | 16 |
| renewal of
firearm control cards issued under the | 17 |
| provisions of this Section
shall be the same as for those | 18 |
| cards issued under the provisions of the
Private Detective, | 19 |
| Private Alarm,
Private Security, Fingerprint Vendor, and | 20 |
| Locksmith Act of 2004. Such
firearm control card shall be | 21 |
| carried by the security guard at all
times when he or she | 22 |
| is in possession of a concealable weapon.
| 23 |
| (7) Agents and investigators of the Illinois | 24 |
| Legislative Investigating
Commission authorized by the | 25 |
| Commission to carry the weapons specified in
subsections | 26 |
| 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
|
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| any investigation for the Commission.
| 2 |
| (8) Persons employed by a financial institution for the | 3 |
| protection of
other employees and property related to such | 4 |
| financial institution, while
actually engaged in the | 5 |
| performance of their duties, commuting between
their homes | 6 |
| and places of employment, or traveling between sites or
| 7 |
| properties owned or operated by such financial | 8 |
| institution, provided that
any person so employed has | 9 |
| successfully completed a course of study,
approved by and | 10 |
| supervised by the Department of Professional Regulation,
| 11 |
| consisting of not less than 40 hours of training which | 12 |
| includes theory of
law enforcement, liability for acts, and | 13 |
| the handling of weapons.
A person shall be considered to be | 14 |
| eligible for this exemption if he or
she has completed the | 15 |
| required 20 hours of training for a security officer
and 20 | 16 |
| hours of required firearm training, and has been issued a
| 17 |
| firearm control card by the Department of Professional | 18 |
| Regulation.
Conditions for renewal of firearm control | 19 |
| cards issued under the
provisions of this Section shall be | 20 |
| the same as for those issued under the
provisions of the | 21 |
| Private Detective, Private Alarm,
Private Security, | 22 |
| Fingerprint Vendor, and Locksmith Act of 2004.
Such firearm | 23 |
| control card shall be carried by the person so
trained at | 24 |
| all times when such person is in possession of a | 25 |
| concealable
weapon. For purposes of this subsection, | 26 |
| "financial institution" means a
bank, savings and loan |
|
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| association, credit union or company providing
armored car | 2 |
| services.
| 3 |
| (9) Any person employed by an armored car company to | 4 |
| drive an armored
car, while actually engaged in the | 5 |
| performance of his duties.
| 6 |
| (10) Persons who have been classified as peace officers | 7 |
| pursuant
to the Peace Officer Fire Investigation Act.
| 8 |
| (11) Investigators of the Office of the State's | 9 |
| Attorneys Appellate
Prosecutor authorized by the board of | 10 |
| governors of the Office of the
State's Attorneys Appellate | 11 |
| Prosecutor to carry weapons pursuant to
Section 7.06 of the | 12 |
| State's Attorneys Appellate Prosecutor's Act.
| 13 |
| (12) Special investigators appointed by a State's | 14 |
| Attorney under
Section 3-9005 of the Counties Code.
| 15 |
| (12.5) Probation officers while in the performance of | 16 |
| their duties, or
while commuting between their homes, | 17 |
| places of employment or specific locations
that are part of | 18 |
| their assigned duties, with the consent of the chief judge | 19 |
| of
the circuit for which they are employed.
| 20 |
| (13) Court Security Officers while in the performance | 21 |
| of their official
duties, or while commuting between their | 22 |
| homes and places of employment, with
the
consent of the | 23 |
| Sheriff.
| 24 |
| (13.5) A person employed as an armed security guard at | 25 |
| a nuclear energy,
storage, weapons or development site or | 26 |
| facility regulated by the Nuclear
Regulatory Commission |
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| who has completed the background screening and training
| 2 |
| mandated by the rules and regulations of the Nuclear | 3 |
| Regulatory Commission.
| 4 |
| (14) Manufacture, transportation, or sale of weapons | 5 |
| to
persons
authorized under subdivisions (1) through | 6 |
| (13.5) of this
subsection
to
possess those weapons.
| 7 |
| (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | 8 |
| 24-1.6 do not
apply to or affect
any of the following:
| 9 |
| (1) Members of any club or organization organized for | 10 |
| the purpose of
practicing shooting at targets upon | 11 |
| established target ranges, whether
public or private, and | 12 |
| patrons of such ranges, while such members
or patrons are | 13 |
| using their firearms on those target ranges.
| 14 |
| (2) Duly authorized military or civil organizations | 15 |
| while parading,
with the special permission of the | 16 |
| Governor.
| 17 |
| (3) Hunters, trappers or fishermen with a license or
| 18 |
| permit while engaged in hunting,
trapping or fishing.
| 19 |
| (4) Transportation of weapons that are broken down in a
| 20 |
| non-functioning state or are not immediately accessible.
| 21 |
| (5) Carrying or possessing any pistol, revolver, stun | 22 |
| gun or taser or other firearm in one's dwelling. | 23 |
| (c) Subsection 24-1(a)(7) does not apply to or affect any | 24 |
| of the
following:
| 25 |
| (1) Peace officers while in performance of their | 26 |
| official duties.
|
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| (2) Wardens, superintendents and keepers of prisons, | 2 |
| penitentiaries,
jails and other institutions for the | 3 |
| detention of persons accused or
convicted of an offense.
| 4 |
| (3) Members of the Armed Services or Reserve Forces of | 5 |
| the United States
or the Illinois National Guard, while in | 6 |
| the performance of their official
duty.
| 7 |
| (4) Manufacture, transportation, or sale of machine | 8 |
| guns to persons
authorized under subdivisions (1) through | 9 |
| (3) of this subsection to
possess machine guns, if the | 10 |
| machine guns are broken down in a
non-functioning state or | 11 |
| are not immediately accessible.
| 12 |
| (5) Persons licensed under federal law to manufacture | 13 |
| any weapon from
which 8 or more shots or bullets can be | 14 |
| discharged by a
single function of the firing device, or | 15 |
| ammunition for such weapons, and
actually engaged in the | 16 |
| business of manufacturing such weapons or
ammunition, but | 17 |
| only with respect to activities which are within the lawful
| 18 |
| scope of such business, such as the manufacture, | 19 |
| transportation, or testing
of such weapons or ammunition. | 20 |
| This exemption does not authorize the
general private | 21 |
| possession of any weapon from which 8 or more
shots or | 22 |
| bullets can be discharged by a single function of the | 23 |
| firing
device, but only such possession and activities as | 24 |
| are within the lawful
scope of a licensed manufacturing | 25 |
| business described in this paragraph.
| 26 |
| During transportation, such weapons shall be broken |
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| down in a
non-functioning state or not immediately | 2 |
| accessible.
| 3 |
| (6) The manufacture, transport, testing, delivery, | 4 |
| transfer or sale,
and all lawful commercial or experimental | 5 |
| activities necessary thereto, of
rifles, shotguns, and | 6 |
| weapons made from rifles or shotguns,
or ammunition for | 7 |
| such rifles, shotguns or weapons, where engaged in
by a | 8 |
| person operating as a contractor or subcontractor pursuant | 9 |
| to a
contract or subcontract for the development and supply | 10 |
| of such rifles,
shotguns, weapons or ammunition to the | 11 |
| United States government or any
branch of the Armed Forces | 12 |
| of the United States, when such activities are
necessary | 13 |
| and incident to fulfilling the terms of such contract.
| 14 |
| The exemption granted under this subdivision (c)(6)
| 15 |
| shall also apply to any authorized agent of any such | 16 |
| contractor or
subcontractor who is operating within the | 17 |
| scope of his employment, where
such activities involving | 18 |
| such weapon, weapons or ammunition are necessary
and | 19 |
| incident to fulfilling the terms of such contract.
| 20 |
| During transportation, any such weapon shall be broken | 21 |
| down in a
non-functioning state, or not immediately | 22 |
| accessible.
| 23 |
| (d) Subsection 24-1(a)(1) does not apply to the purchase, | 24 |
| possession
or carrying of a black-jack or slung-shot by a peace | 25 |
| officer.
| 26 |
| (e) Subsection 24-1(a)(8) does not apply to any owner, |
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| manager or
authorized employee of any place specified in that | 2 |
| subsection nor to any
law enforcement officer.
| 3 |
| (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | 4 |
| Section 24-1.6
do not apply
to members of any club or | 5 |
| organization organized for the purpose of practicing
shooting | 6 |
| at targets upon established target ranges, whether public or | 7 |
| private,
while using their firearms on those target ranges.
| 8 |
| (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | 9 |
| to:
| 10 |
| (1) Members of the Armed Services or Reserve Forces of | 11 |
| the United
States or the Illinois National Guard, while in | 12 |
| the performance of their
official duty.
| 13 |
| (2) Bonafide collectors of antique or surplus military | 14 |
| ordinance.
| 15 |
| (3) Laboratories having a department of forensic | 16 |
| ballistics, or
specializing in the development of | 17 |
| ammunition or explosive ordinance.
| 18 |
| (4) Commerce, preparation, assembly or possession of | 19 |
| explosive
bullets by manufacturers of ammunition licensed | 20 |
| by the federal government,
in connection with the supply of | 21 |
| those organizations and persons exempted
by subdivision | 22 |
| (g)(1) of this Section, or like organizations and persons
| 23 |
| outside this State, or the transportation of explosive | 24 |
| bullets to any
organization or person exempted in this | 25 |
| Section by a common carrier or by a
vehicle owned or leased | 26 |
| by an exempted manufacturer.
|
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| (g-5) Subsection 24-1(a)(6) does not apply to or affect | 2 |
| persons licensed
under federal law to manufacture any device or | 3 |
| attachment of any kind designed,
used, or intended for use in | 4 |
| silencing the report of any firearm, firearms, or
ammunition
| 5 |
| for those firearms equipped with those devices, and actually | 6 |
| engaged in the
business of manufacturing those devices, | 7 |
| firearms, or ammunition, but only with
respect to
activities | 8 |
| that are within the lawful scope of that business, such as the
| 9 |
| manufacture, transportation, or testing of those devices, | 10 |
| firearms, or
ammunition. This
exemption does not authorize the | 11 |
| general private possession of any device or
attachment of any | 12 |
| kind designed, used, or intended for use in silencing the
| 13 |
| report of any firearm, but only such possession and activities | 14 |
| as are within
the
lawful scope of a licensed manufacturing | 15 |
| business described in this subsection
(g-5). During | 16 |
| transportation, those devices shall be detached from any weapon
| 17 |
| or
not immediately accessible.
| 18 |
| (h) An information or indictment based upon a violation of | 19 |
| any
subsection of this Article need not negative any exemptions | 20 |
| contained in
this Article. The defendant shall have the burden | 21 |
| of proving such an
exemption.
| 22 |
| (i) Nothing in this Article shall prohibit, apply to, or | 23 |
| affect
the transportation, carrying, or possession, of any | 24 |
| pistol or revolver,
stun gun, taser, or other firearm consigned | 25 |
| to a common carrier operating
under license of the State of | 26 |
| Illinois or the federal government, where
such transportation, |
|
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| carrying, or possession is incident to the lawful
| 2 |
| transportation in which such common carrier is engaged; and | 3 |
| nothing in this
Article shall prohibit, apply to, or affect the | 4 |
| transportation, carrying,
or possession of any pistol, | 5 |
| revolver, stun gun, taser, or other firearm,
not the subject of | 6 |
| and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | 7 |
| this Article, which is unloaded and enclosed in a case, firearm
| 8 |
| carrying box, shipping box, or other container, by the | 9 |
| possessor of a valid
Firearm Owners Identification Card.
| 10 |
| (Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07; | 11 |
| 95-885, eff. 1-1-09.)
| 12 |
| Section 99. Effective date. This Act takes effect upon | 13 |
| becoming law.
|
|