104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1405

Introduced , by Rep. Dan Ugaste

SYNOPSIS AS INTRODUCED:

`720 ILCS 5/24-1`	`from Ch. 38, par. 24-1`
`720 ILCS 5/24-1.6`
`720 ILCS 5/24-3.1`	`from Ch. 38, par. 24-3.1`

Amends the Criminal Code of 2012. Increases penalties by one class for unlawful possession of weapons when a person knowingly: (1) carries or possesses in any vehicle or concealed on or about his or her person except when on his or her land or in his or her own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun, taser, or other firearm; or (2) carries or possesses on or about his or her person, upon any public street, alley, or other public lands within the corporate limits of a municipality except when an invitee in or on the public street, alley, or other public lands, for the purpose of the display of the weapon or the lawful commerce in weapons, or except when on his or her land or in his or her own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun, taser, or other firearm. Provides that a first offense of aggravated unlawful possession of a weapon committed with a firearm by a person 18 years of age or older where certain factors exist is a Class 3 felony (rather than a Class 4 felony), for which the person shall be sentenced to a term of imprisonment of not less than 2 years and not more than 5 years. Increases the penalty by one class for unlawful possession of firearms. Makes other changes.

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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,

3 represented in the General Assembly:

4 Section 5. The Criminal Code of 2012 is amended by

5 changing Sections 24-1, 24-1.6, and 24-3.1 as follows:

6 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)

7 (Text of Section before amendment by P.A. 103-822)

8 Sec. 24-1. Unlawful use of weapons.

9 (a) A person commits the offense of unlawful use of

10 weapons when he knowingly:

11 (1) Sells, manufactures, purchases, possesses or

12 carries any bludgeon, black-jack, slung-shot, sand-club,

13 sand-bag, metal knuckles or other knuckle weapon

14 regardless of its composition, throwing star, or any

15 knife, commonly referred to as a switchblade knife, which

16 has a blade that opens automatically by hand pressure

17 applied to a button, spring or other device in the handle

18 of the knife, or a ballistic knife, which is a device that

19 propels a knifelike blade as a projectile by means of a

20 coil spring, elastic material or compressed gas; or

21 (2) Carries or possesses with intent to use the same

22 unlawfully against another, a dagger, dirk, billy,

23 dangerous knife, razor, stiletto, broken bottle or other

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1 piece of glass, stun gun or taser or any other dangerous or

2 deadly weapon or instrument of like character; or

3 (2.5) Carries or possesses with intent to use the same

4 unlawfully against another, any firearm in a church,

5 synagogue, mosque, or other building, structure, or place

6 used for religious worship; or

7 (3) Carries on or about his person or in any vehicle, a

8 tear gas gun projector or bomb or any object containing

9 noxious liquid gas or substance, other than an object

10 containing a non-lethal noxious liquid gas or substance

11 designed solely for personal defense carried by a person

12 18 years of age or older; or

13 (4) Carries or possesses in any vehicle or concealed

14 on or about his person except when on his land or in his

15 own abode, legal dwelling, or fixed place of business, or

16 on the land or in the legal dwelling of another person as

17 an invitee with that person's permission, any pistol,

18 revolver, stun gun or taser or other firearm, except that

19 this subsection (a)(4) does not apply to or affect

20 transportation of weapons that meet one of the following

21 conditions:

22 (i) are broken down in a non-functioning state; or

23 (ii) are not immediately accessible; or

24 (iii) are unloaded and enclosed in a case, firearm

25 carrying box, shipping box, or other container by a

26 person who has been issued a currently valid Firearm

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1 Owner's Identification Card; or

2 (iv) are carried or possessed in accordance with

3 the Firearm Concealed Carry Act by a person who has

4 been issued a currently valid license under the

5 Firearm Concealed Carry Act; or

6 (5) Sets a spring gun; or

7 (6) Possesses any device or attachment of any kind

8 designed, used or intended for use in silencing the report

9 of any firearm; or

10 (7) Sells, manufactures, purchases, possesses or

11 carries:

12 (i) a machine gun, which shall be defined for the

13 purposes of this subsection as any weapon, which

14 shoots, is designed to shoot, or can be readily

15 restored to shoot, automatically more than one shot

16 without manually reloading by a single function of the

17 trigger, including the frame or receiver of any such

18 weapon, or sells, manufactures, purchases, possesses,

19 or carries any combination of parts designed or

20 intended for use in converting any weapon into a

21 machine gun, or any combination or parts from which a

22 machine gun can be assembled if such parts are in the

23 possession or under the control of a person;

24 (ii) any rifle having one or more barrels less

25 than 16 inches in length or a shotgun having one or

26 more barrels less than 18 inches in length or any

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1 weapon made from a rifle or shotgun, whether by

2 alteration, modification, or otherwise, if such a

3 weapon as modified has an overall length of less than

4 26 inches; or

5 (iii) any bomb, bomb-shell, grenade, bottle or

6 other container containing an explosive substance of

7 over one-quarter ounce for like purposes, such as, but

8 not limited to, black powder bombs and Molotov

9 cocktails or artillery projectiles; or

10 (8) Carries or possesses any firearm, stun gun or

11 taser or other deadly weapon in any place which is

12 licensed to sell intoxicating beverages, or at any public

13 gathering held pursuant to a license issued by any

14 governmental body or any public gathering at which an

15 admission is charged, excluding a place where a showing,

16 demonstration or lecture involving the exhibition of

17 unloaded firearms is conducted.

18 This subsection (a)(8) does not apply to any auction

19 or raffle of a firearm held pursuant to a license or permit

20 issued by a governmental body, nor does it apply to

21 persons engaged in firearm safety training courses; or

22 (9) Carries or possesses in a vehicle or on or about

23 his or her person any pistol, revolver, stun gun or taser

24 or firearm or ballistic knife, when he or she is hooded,

25 robed or masked in such manner as to conceal his or her

26 identity; or

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1 (10) Carries or possesses on or about his or her

2 person, upon any public street, alley, or other public

3 lands within the corporate limits of a city, village, or

4 incorporated town, except when an invitee thereon or

5 therein, for the purpose of the display of such weapon or

6 the lawful commerce in weapons, or except when on his land

7 or in his or her own abode, legal dwelling, or fixed place

8 of business, or on the land or in the legal dwelling of

9 another person as an invitee with that person's

10 permission, any pistol, revolver, stun gun, or taser or

11 other firearm, except that this subsection (a)(10) does

12 not apply to or affect transportation of weapons that meet

13 one of the following conditions:

14 (i) are broken down in a non-functioning state; or

15 (ii) are not immediately accessible; or

16 (iii) are unloaded and enclosed in a case, firearm

17 carrying box, shipping box, or other container by a

18 person who has been issued a currently valid Firearm

19 Owner's Identification Card; or

20 (iv) are carried or possessed in accordance with

21 the Firearm Concealed Carry Act by a person who has

22 been issued a currently valid license under the

23 Firearm Concealed Carry Act.

24 A "stun gun or taser", as used in this paragraph (a)

25 means (i) any device which is powered by electrical

26 charging units, such as, batteries, and which fires one or

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1 several barbs attached to a length of wire and which, upon

2 hitting a human, can send out a current capable of

3 disrupting the person's nervous system in such a manner as

4 to render him incapable of normal functioning or (ii) any

5 device which is powered by electrical charging units, such

6 as batteries, and which, upon contact with a human or

7 clothing worn by a human, can send out current capable of

8 disrupting the person's nervous system in such a manner as

9 to render him incapable of normal functioning; or

10 (11) Sells, manufactures, delivers, imports,

11 possesses, or purchases any assault weapon attachment or

12 .50 caliber cartridge in violation of Section 24-1.9 or

13 any explosive bullet. For purposes of this paragraph (a)

14 "explosive bullet" means the projectile portion of an

15 ammunition cartridge which contains or carries an

16 explosive charge which will explode upon contact with the

17 flesh of a human or an animal. "Cartridge" means a tubular

18 metal case having a projectile affixed at the front

19 thereof and a cap or primer at the rear end thereof, with

20 the propellant contained in such tube between the

21 projectile and the cap; or

22 (12) (Blank); or

23 (13) Carries or possesses on or about his or her

24 person while in a building occupied by a unit of

25 government, a billy club, other weapon of like character,

26 or other instrument of like character intended for use as

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1 a weapon. For the purposes of this Section, "billy club"

2 means a short stick or club commonly carried by police

3 officers which is either telescopic or constructed of a

4 solid piece of wood or other man-made material; or

5 (14) Manufactures, possesses, sells, or offers to

6 sell, purchase, manufacture, import, transfer, or use any

7 device, part, kit, tool, accessory, or combination of

8 parts that is designed to and functions to increase the

9 rate of fire of a semiautomatic firearm above the standard

10 rate of fire for semiautomatic firearms that is not

11 equipped with that device, part, or combination of parts;

12 or

13 (15) Carries or possesses any assault weapon or .50

14 caliber rifle in violation of Section 24-1.9; or

15 (16) Manufactures, sells, delivers, imports, or

16 purchases any assault weapon or .50 caliber rifle in

17 violation of Section 24-1.9.

18 (b) Sentence. A person convicted of a violation of

19 subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),

20 subsection 24-1(a)(11), subsection 24-1(a)(13), or 24-1(a)(15)

21 commits a Class A misdemeanor. A person convicted of a

22 violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a

23 Class 4 felony; a person convicted of a violation of

24 subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or

25 24-1(a)(16) commits a Class 3 felony. A person convicted of a

26 violation of subsection 24-1(a)(7)(i) commits a Class 2 felony

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1 and shall be sentenced to a term of imprisonment of not less

2 than 3 years and not more than 7 years, unless the weapon is

3 possessed in the passenger compartment of a motor vehicle as

4 defined in Section 1-146 of the Illinois Vehicle Code, or on

5 the person, while the weapon is loaded, in which case it shall

6 be a Class X felony. A person convicted of a second or

7 subsequent violation of subsection 24-1(a)(4), 24-1(a)(8),

8 24-1(a)(9), 24-1(a)(10), or 24-1(a)(15) commits a Class 3

9 felony. A person convicted of a violation of subsection

10 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The

11 possession of each weapon or device in violation of this

12 Section constitutes a single and separate violation.

13 (c) Violations in specific places.

14 (1) A person who violates subsection 24-1(a)(6) or

15 24-1(a)(7) in any school, regardless of the time of day or

16 the time of year, in residential property owned, operated

17 or managed by a public housing agency or leased by a public

18 housing agency as part of a scattered site or mixed-income

19 development, in a public park, in a courthouse, on the

20 real property comprising any school, regardless of the

21 time of day or the time of year, on residential property

22 owned, operated or managed by a public housing agency or

23 leased by a public housing agency as part of a scattered

24 site or mixed-income development, on the real property

25 comprising any public park, on the real property

26 comprising any courthouse, in any conveyance owned, leased

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1 or contracted by a school to transport students to or from

2 school or a school related activity, in any conveyance

3 owned, leased, or contracted by a public transportation

4 agency, or on any public way within 1,000 feet of the real

5 property comprising any school, public park, courthouse,

6 public transportation facility, or residential property

7 owned, operated, or managed by a public housing agency or

8 leased by a public housing agency as part of a scattered

9 site or mixed-income development commits a Class 2 felony

10 and shall be sentenced to a term of imprisonment of not

11 less than 3 years and not more than 7 years.

12 (1.5) A person who violates subsection 24-1(a)(4),

13 24-1(a)(9), or 24-1(a)(10) in any school, regardless of

14 the time of day or the time of year, in residential

15 property owned, operated, or managed by a public housing

16 agency or leased by a public housing agency as part of a

17 scattered site or mixed-income development, in a public

18 park, in a courthouse, on the real property comprising any

19 school, regardless of the time of day or the time of year,

20 on residential property owned, operated, or managed by a

21 public housing agency or leased by a public housing agency

22 as part of a scattered site or mixed-income development,

23 on the real property comprising any public park, on the

24 real property comprising any courthouse, in any conveyance

25 owned, leased, or contracted by a school to transport

26 students to or from school or a school related activity,

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1 in any conveyance owned, leased, or contracted by a public

2 transportation agency, or on any public way within 1,000

3 feet of the real property comprising any school, public

4 park, courthouse, public transportation facility, or

5 residential property owned, operated, or managed by a

6 public housing agency or leased by a public housing agency

7 as part of a scattered site or mixed-income development

8 commits a Class 3 felony.

9 (2) A person who violates subsection 24-1(a)(1),

10 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the

11 time of day or the time of year, in residential property

12 owned, operated or managed by a public housing agency or

13 leased by a public housing agency as part of a scattered

14 site or mixed-income development, in a public park, in a

15 courthouse, on the real property comprising any school,

16 regardless of the time of day or the time of year, on

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,

20 on the real property comprising any public park, on the

21 real property comprising any courthouse, in any conveyance

22 owned, leased or contracted by a school to transport

23 students to or from school or a school related activity,

24 in any conveyance owned, leased, or contracted by a public

25 transportation agency, or on any public way within 1,000

26 feet of the real property comprising any school, public

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1 park, courthouse, public transportation facility, or

2 residential property owned, operated, or managed by a

3 public housing agency or leased by a public housing agency

4 as part of a scattered site or mixed-income development

5 commits a Class 4 felony. "Courthouse" means any building

6 that is used by the Circuit, Appellate, or Supreme Court

7 of this State for the conduct of official business.

8 (3) Paragraphs (1), (1.5), and (2) of this subsection

9 (c) shall not apply to law enforcement officers or

10 security officers of such school, college, or university

11 or to students carrying or possessing firearms for use in

12 training courses, parades, hunting, target shooting on

13 school ranges, or otherwise with the consent of school

14 authorities and which firearms are transported unloaded

15 enclosed in a suitable case, box, or transportation

16 package.

17 (4) For the purposes of this subsection (c), "school"

18 means any public or private elementary or secondary

19 school, community college, college, or university.

20 (5) For the purposes of this subsection (c), "public

21 transportation agency" means a public or private agency

22 that provides for the transportation or conveyance of

23 persons by means available to the general public, except

24 for transportation by automobiles not used for conveyance

25 of the general public as passengers; and "public

26 transportation facility" means a terminal or other place

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1 where one may obtain public transportation.

2 (d) The presence in an automobile other than a public

3 omnibus of any weapon, instrument or substance referred to in

4 subsection (a)(7) is prima facie evidence that it is in the

5 possession of, and is being carried by, all persons occupying

6 such automobile at the time such weapon, instrument or

7 substance is found, except under the following circumstances:

8 (i) if such weapon, instrument or instrumentality is found

9 upon the person of one of the occupants therein; or (ii) if

10 such weapon, instrument or substance is found in an automobile

11 operated for hire by a duly licensed driver in the due, lawful

12 and proper pursuit of his or her trade, then such presumption

13 shall not apply to the driver.

14 (e) Exemptions.

15 (1) Crossbows, Common or Compound bows and Underwater

16 Spearguns are exempted from the definition of ballistic

17 knife as defined in paragraph (1) of subsection (a) of

18 this Section.

19 (2) The provision of paragraph (1) of subsection (a)

20 of this Section prohibiting the sale, manufacture,

21 purchase, possession, or carrying of any knife, commonly

22 referred to as a switchblade knife, which has a blade that

23 opens automatically by hand pressure applied to a button,

24 spring or other device in the handle of the knife, does not

25 apply to a person who possesses a currently valid Firearm

26 Owner's Identification Card previously issued in his or

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1 her name by the Illinois State Police or to a person or an

2 entity engaged in the business of selling or manufacturing

3 switchblade knives.

4 (Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21;

5 102-1116, eff. 1-10-23.)

6 (Text of Section after amendment by P.A. 103-822)

7 Sec. 24-1. Unlawful possession of weapons.

8 (a) A person commits the offense of unlawful possession of

9 weapons when he knowingly:

10 (1) Sells, manufactures, purchases, possesses or

11 carries any bludgeon, black-jack, slung-shot, sand-club,

12 sand-bag, metal knuckles or other knuckle weapon

13 regardless of its composition, throwing star, or any

14 knife, commonly referred to as a switchblade knife, which

15 has a blade that opens automatically by hand pressure

16 applied to a button, spring or other device in the handle

17 of the knife, or a ballistic knife, which is a device that

18 propels a knifelike blade as a projectile by means of a

19 coil spring, elastic material or compressed gas; or

20 (2) Carries or possesses with intent to use the same

21 unlawfully against another, a dagger, dirk, billy,

22 dangerous knife, razor, stiletto, broken bottle or other

23 piece of glass, stun gun or taser or any other dangerous or

24 deadly weapon or instrument of like character; or

25 (2.5) Carries or possesses with intent to use the same

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1 unlawfully against another, any firearm in a church,

2 synagogue, mosque, or other building, structure, or place

3 used for religious worship; or

4 (3) Carries on or about his person or in any vehicle, a

5 tear gas gun projector or bomb or any object containing

6 noxious liquid gas or substance, other than an object

7 containing a non-lethal noxious liquid gas or substance

8 designed solely for personal defense carried by a person

9 18 years of age or older; or

10 (4) Carries or possesses in any vehicle or concealed

11 on or about his or her person except when on his or her

12 land or in his or her own abode, legal dwelling, or fixed

13 place of business, or on the land or in the legal dwelling

14 of another person as an invitee with that person's

15 permission, any pistol, revolver, stun gun or taser or

16 other firearm, except that this subsection (a)(4) does not

17 apply to or affect transportation of weapons that meet one

18 of the following conditions:

19 (i) are broken down in a non-functioning state; or

20 (ii) are not immediately accessible; or

21 (iii) are unloaded and enclosed in a case, firearm

22 carrying box, shipping box, or other container by a

23 person who has been issued a currently valid Firearm

24 Owner's Identification Card; or

25 (iv) are carried or possessed in accordance with

26 the Firearm Concealed Carry Act by a person who has

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1 been issued a currently valid license under the

2 Firearm Concealed Carry Act; or

3 (5) Sets a spring gun; or

4 (6) Possesses any device or attachment of any kind

5 designed, used or intended for use in silencing the report

6 of any firearm; or

7 (7) Sells, manufactures, purchases, possesses or

8 carries:

9 (i) a machine gun, which shall be defined for the

10 purposes of this subsection as any weapon, which

11 shoots, is designed to shoot, or can be readily

12 restored to shoot, automatically more than one shot

13 without manually reloading by a single function of the

14 trigger, including the frame or receiver of any such

15 weapon, or sells, manufactures, purchases, possesses,

16 or carries any combination of parts designed or

17 intended for use in converting any weapon into a

18 machine gun, or any combination or parts from which a

19 machine gun can be assembled if such parts are in the

20 possession or under the control of a person;

21 (ii) any rifle having one or more barrels less

22 than 16 inches in length or a shotgun having one or

23 more barrels less than 18 inches in length or any

24 weapon made from a rifle or shotgun, whether by

25 alteration, modification, or otherwise, if such a

26 weapon as modified has an overall length of less than

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1 26 inches; or

2 (iii) any bomb, bomb-shell, grenade, bottle or

3 other container containing an explosive substance of

4 over one-quarter ounce for like purposes, such as, but

5 not limited to, black powder bombs and Molotov

6 cocktails or artillery projectiles; or

7 (8) Carries or possesses any firearm, stun gun or

8 taser or other deadly weapon in any place which is

9 licensed to sell intoxicating beverages, or at any public

10 gathering held pursuant to a license issued by any

11 governmental body or any public gathering at which an

12 admission is charged, excluding a place where a showing,

13 demonstration or lecture involving the exhibition of

14 unloaded firearms is conducted.

15 This subsection (a)(8) does not apply to any auction

16 or raffle of a firearm held pursuant to a license or permit

17 issued by a governmental body, nor does it apply to

18 persons engaged in firearm safety training courses; or

19 (9) Carries or possesses in a vehicle or on or about

20 his or her person any pistol, revolver, stun gun or taser

21 or firearm or ballistic knife, when he or she is hooded,

22 robed or masked in such manner as to conceal his or her

23 identity; or

24 (10) Carries or possesses on or about his or her

25 person, upon any public street, alley, or other public

26 lands within the corporate limits of a city, village, or

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1 incorporated town, except when an invitee thereon or

2 therein, for the purpose of the display of such weapon or

3 the lawful commerce in weapons, or except when on his or

4 her land or in his or her own abode, legal dwelling, or

5 fixed place of business, or on the land or in the legal

6 dwelling of another person as an invitee with that

7 person's permission, any pistol, revolver, stun gun, or

8 taser or other firearm, except that this subsection

9 (a)(10) does not apply to or affect transportation of

10 weapons that meet one of the following conditions:

11 (i) are broken down in a non-functioning state; or

12 (ii) are not immediately accessible; or

13 (iii) are unloaded and enclosed in a case, firearm

14 carrying box, shipping box, or other container by a

15 person who has been issued a currently valid Firearm

16 Owner's Identification Card; or

17 (iv) are carried or possessed in accordance with

18 the Firearm Concealed Carry Act by a person who has

19 been issued a currently valid license under the

20 Firearm Concealed Carry Act.

21 A "stun gun or taser", as used in this paragraph (a)

22 means (i) any device which is powered by electrical

23 charging units, such as, batteries, and which fires one or

24 several barbs attached to a length of wire and which, upon

25 hitting a human, can send out a current capable of

26 disrupting the person's nervous system in such a manner as

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1 to render him incapable of normal functioning or (ii) any

2 device which is powered by electrical charging units, such

3 as batteries, and which, upon contact with a human or

4 clothing worn by a human, can send out current capable of

5 disrupting the person's nervous system in such a manner as

6 to render him incapable of normal functioning; or

7 (11) Sells, manufactures, delivers, imports,

8 possesses, or purchases any assault weapon attachment or

9 .50 caliber cartridge in violation of Section 24-1.9 or

10 any explosive bullet. For purposes of this paragraph (a)

11 "explosive bullet" means the projectile portion of an

12 ammunition cartridge which contains or carries an

13 explosive charge which will explode upon contact with the

14 flesh of a human or an animal. "Cartridge" means a tubular

15 metal case having a projectile affixed at the front

16 thereof and a cap or primer at the rear end thereof, with

17 the propellant contained in such tube between the

18 projectile and the cap; or

19 (12) (Blank); or

20 (13) Carries or possesses on or about his or her

21 person while in a building occupied by a unit of

22 government, a billy club, other weapon of like character,

23 or other instrument of like character intended for use as

24 a weapon. For the purposes of this Section, "billy club"

25 means a short stick or club commonly carried by police

26 officers which is either telescopic or constructed of a

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1 solid piece of wood or other man-made material; or

2 (14) Manufactures, possesses, sells, or offers to

3 sell, purchase, manufacture, import, transfer, or use any

4 device, part, kit, tool, accessory, or combination of

5 parts that is designed to and functions to increase the

6 rate of fire of a semiautomatic firearm above the standard

7 rate of fire for semiautomatic firearms that is not

8 equipped with that device, part, or combination of parts;

9 or

10 (15) Carries or possesses any assault weapon or .50

11 caliber rifle in violation of Section 24-1.9; or

12 (16) Manufactures, sells, delivers, imports, or

13 purchases any assault weapon or .50 caliber rifle in

14 violation of Section 24-1.9.

15 (b) Sentence. A person convicted of a violation of

16 subsection 24-1(a)(1), subsection 24-1(a)(2), subsection

17 24-1(a)(3), subsection 24-1(a)(5), ~~through (5), subsection~~

18 ~~24-1(a)(10),~~ subsection 24-1(a)(11), subsection 24-1(a)(13),

19 or 24-1(a)(15) commits a Class A misdemeanor. A person

20 convicted of a violation of subsection 24-1(a)(4),

21 24-1(a)(10), 24-1(a)(8) or 24-1(a)(9) commits a Class 4

22 felony; a person convicted of a violation of subsection

23 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or 24-1(a)(16)

24 commits a Class 3 felony. A person convicted of a violation of

25 subsection 24-1(a)(7)(i) commits a Class 2 felony and shall be

26 sentenced to a term of imprisonment of not less than 3 years

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1 and not more than 7 years, unless the weapon is possessed in

2 the passenger compartment of a motor vehicle as defined in

3 Section 1-146 of the Illinois Vehicle Code, or on the person,

4 while the weapon is loaded, in which case it shall be a Class X

5 felony. A person convicted of a second or subsequent violation

6 of subsection 24-1(a)(4), 24-1(a)(8), 24-1(a)(9), 24-1(a)(10),

7 or 24-1(a)(15) commits a Class 3 felony. A person convicted of

8 a violation of subsection 24-1(a)(2.5) or 24-1(a)(14) commits

9 a Class 2 felony. The possession of each weapon or device in

10 violation of this Section constitutes a single and separate

11 violation.

12 (c) Violations in specific places.

13 (1) A person who violates subsection 24-1(a)(6) or

14 24-1(a)(7) in any school, regardless of the time of day or

15 the time of year, in residential property owned, operated

16 or managed by a public housing agency or leased by a public

17 housing agency as part of a scattered site or mixed-income

18 development, in a public park, in a courthouse, on the

19 real property comprising any school, regardless of the

20 time of day or the time of year, on residential property

21 owned, operated or managed by a public housing agency or

22 leased by a public housing agency as part of a scattered

23 site or mixed-income development, on the real property

24 comprising any public park, on the real property

25 comprising any courthouse, in any conveyance owned, leased

26 or contracted by a school to transport students to or from

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1 school or a school related activity, in any conveyance

2 owned, leased, or contracted by a public transportation

3 agency, or on any public way within 1,000 feet of the real

4 property comprising any school, public park, courthouse,

5 public transportation facility, or residential property

6 owned, operated, or managed by a public housing agency or

7 leased by a public housing agency as part of a scattered

8 site or mixed-income development commits a Class 2 felony

9 and shall be sentenced to a term of imprisonment of not

10 less than 3 years and not more than 7 years.

11 (1.5) A person who violates subsection 24-1(a)(4),

12 24-1(a)(9), or 24-1(a)(10) in any school, regardless of

13 the time of day or the time of year, in residential

14 property owned, operated, or managed by a public housing

15 agency or leased by a public housing agency as part of a

16 scattered site or mixed-income development, in a public

17 park, in a courthouse, on the real property comprising any

18 school, regardless of the time of day or the time of year,

19 on 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 on the real property comprising any public park, on the

23 real 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,

26 in any conveyance owned, leased, or contracted by a public

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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 3 felony.

8 (2) A person who violates subsection 24-1(a)(1),

9 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the

10 time of day or the time of year, in residential property

11 owned, operated or managed by a public housing agency or

12 leased by a public housing agency as part of a scattered

13 site or mixed-income development, in a public park, in a

14 courthouse, on the real property comprising any school,

15 regardless of the time of day or the time of year, on

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 on the real property comprising any public park, on the

20 real property comprising any courthouse, in any conveyance

21 owned, leased or contracted by a school to transport

22 students to or from school or a school related activity,

23 in any conveyance owned, leased, or contracted by a public

24 transportation agency, or on any public way within 1,000

25 feet of the real property comprising any school, public

26 park, courthouse, public transportation facility, or

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1 residential property owned, operated, or managed by a

2 public housing agency or leased by a public housing agency

3 as part of a scattered site or mixed-income development

4 commits a Class 4 felony. "Courthouse" means any building

5 that is used by the Circuit, Appellate, or Supreme Court

6 of this State for the conduct of official business.

7 (3) Paragraphs (1), (1.5), and (2) of this subsection

8 (c) shall not apply to law enforcement officers or

9 security officers of such school, college, or university

10 or to students carrying or possessing firearms for use in

11 training courses, parades, hunting, target shooting on

12 school ranges, or otherwise with the consent of school

13 authorities and which firearms are transported unloaded

14 enclosed in a suitable case, box, or transportation

15 package.

16 (4) For the purposes of this subsection (c), "school"

17 means any public or private elementary or secondary

18 school, community college, college, or university.

19 (5) For the purposes of this subsection (c), "public

20 transportation agency" means a public or private agency

21 that provides for the transportation or conveyance of

22 persons by means available to the general public, except

23 for transportation by automobiles not used for conveyance

24 of the general public as passengers; and "public

25 transportation facility" means a terminal or other place

26 where one may obtain public transportation.

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1 (d) The presence in an automobile other than a public

2 omnibus of any weapon, instrument or substance referred to in

3 subsection (a)(7) is prima facie evidence that it is in the

4 possession of, and is being carried by, all persons occupying

5 such automobile at the time such weapon, instrument or

6 substance is found, except under the following circumstances:

7 (i) if such weapon, instrument or instrumentality is found

8 upon the person of one of the occupants therein; or (ii) if

9 such weapon, instrument or substance is found in an automobile

10 operated for hire by a duly licensed driver in the due, lawful

11 and proper pursuit of his or her trade, then such presumption

12 shall not apply to the driver.

13 (e) Exemptions.

14 (1) Crossbows, Common or Compound bows and Underwater

15 Spearguns are exempted from the definition of ballistic

16 knife as defined in paragraph (1) of subsection (a) of

17 this Section.

18 (2) The provision of paragraph (1) of subsection (a)

19 of this Section prohibiting the sale, manufacture,

20 purchase, possession, or carrying of any knife, commonly

21 referred to as a switchblade knife, which has a blade that

22 opens automatically by hand pressure applied to a button,

23 spring or other device in the handle of the knife, does not

24 apply to a person who possesses a currently valid Firearm

25 Owner's Identification Card previously issued in his or

26 her name by the Illinois State Police or to a person or an

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1 entity engaged in the business of selling or manufacturing

2 switchblade knives.

3 (Source: P.A. 102-538, eff. 8-20-21; 102-1116, eff. 1-10-23;

4 103-822, eff. 1-1-25.)

5 (720 ILCS 5/24-1.6)

6 (Text of Section before amendment by P.A. 103-822)

7 Sec. 24-1.6. Aggravated unlawful use of a weapon.

8 (a) A person commits the offense of aggravated unlawful

9 use of a weapon when he or she knowingly:

10 (1) Carries on or about his or her person or in any

11 vehicle or concealed on or about his or her person except

12 when on his or her land or in his or her abode, legal

13 dwelling, or fixed place of business, or on the land or in

14 the legal dwelling of another person as an invitee with

15 that person's permission, any pistol, revolver, stun gun

16 or taser or other firearm; or

17 (2) Carries or possesses on or about his or her

18 person, upon any public street, alley, or other public

19 lands within the corporate limits of a city, village or

20 incorporated town, except when an invitee thereon or

21 therein, for the purpose of the display of such weapon or

22 the lawful commerce in weapons, or except when on his or

23 her own land or in his or her own abode, legal dwelling, or

24 fixed place of business, or on the land or in the legal

25 dwelling of another person as an invitee with that

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1 person's permission, any pistol, revolver, stun gun or

2 taser or other firearm; and

3 (3) One of the following factors is present:

4 (A) the firearm, other than a pistol, revolver, or

5 handgun, possessed was uncased, loaded, and

6 immediately accessible at the time of the offense; or

7 (A-5) the pistol, revolver, or handgun possessed

8 was uncased, loaded, and immediately accessible at the

9 time of the offense and the person possessing the

10 pistol, revolver, or handgun has not been issued a

11 currently valid license under the Firearm Concealed

12 Carry Act; or

13 (B) the firearm, other than a pistol, revolver, or

14 handgun, possessed was uncased, unloaded, and the

15 ammunition for the weapon was immediately accessible

16 at the time of the offense; or

17 (B-5) the pistol, revolver, or handgun possessed

18 was uncased, unloaded, and the ammunition for the

19 weapon was immediately accessible at the time of the

20 offense and the person possessing the pistol,

21 revolver, or handgun has not been issued a currently

22 valid license under the Firearm Concealed Carry Act;

23 or

24 (C) the person possessing the firearm has not been

25 issued a currently valid Firearm Owner's

26 Identification Card; or

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1 (D) the person possessing the weapon was

2 previously adjudicated a delinquent minor under the

3 Juvenile Court Act of 1987 for an act that if committed

4 by an adult would be a felony; or

5 (E) the person possessing the weapon was engaged

6 in a misdemeanor violation of the Cannabis Control

7 Act, in a misdemeanor violation of the Illinois

8 Controlled Substances Act, or in a misdemeanor

9 violation of the Methamphetamine Control and Community

10 Protection Act; or

11 (F) (blank); or

12 (G) the person possessing the weapon had an order

13 of protection issued against him or her within the

14 previous 2 years; or

15 (H) the person possessing the weapon was engaged

16 in the commission or attempted commission of a

17 misdemeanor involving the use or threat of violence

18 against the person or property of another; or

19 (I) the person possessing the weapon was under 21

20 years of age and in possession of a handgun, unless the

21 person under 21 is engaged in lawful activities under

22 the Wildlife Code or described in subsection

23 24-2(b)(1), (b)(3), or 24-2(f).

24 (a-5) "Handgun" as used in this Section has the meaning

25 given to it in Section 5 of the Firearm Concealed Carry Act.

26 (b) "Stun gun or taser" as used in this Section has the

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1 same definition given to it in Section 24-1 of this Code.

2 (c) This Section does not apply to or affect the

3 transportation or possession of weapons that:

4 (i) are broken down in a non-functioning state; or

5 (ii) are not immediately accessible; or

6 (iii) are unloaded and enclosed in a case, firearm

7 carrying box, shipping box, or other container by a person

8 who has been issued a currently valid Firearm Owner's

9 Identification Card.

10 (d) Sentence.

11 (1) Aggravated unlawful use of a weapon is a Class 4

12 felony; a second or subsequent offense is a Class 2 felony

13 for which the person shall be sentenced to a term of

14 imprisonment of not less than 3 years and not more than 7

15 years, except as provided for in Section 5-4.5-110 of the

16 Unified Code of Corrections.

17 (2) Except as otherwise provided in paragraphs (3) and

18 (4) of this subsection (d), a first offense of aggravated

19 unlawful use of a weapon committed with a firearm by a

20 person 18 years of age or older where the factors listed in

21 both items (A) and (C) or both items (A-5) and (C) of

22 paragraph (3) of subsection (a) are present is a Class 4

23 felony, for which the person shall be sentenced to a term

24 of imprisonment of not less than one year and not more than

25 3 years.

26 (3) Aggravated unlawful use of a weapon by a person

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1 who has been previously convicted of a felony in this

2 State or another jurisdiction is a Class 2 felony for

3 which the person shall be sentenced to a term of

4 imprisonment of not less than 3 years and not more than 7

5 years, except as provided for in Section 5-4.5-110 of the

6 Unified Code of Corrections.

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

11 of 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. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)

16 (Text of Section after amendment by P.A. 103-822)

17 Sec. 24-1.6. Aggravated unlawful possession of a weapon.

18 (a) A person commits the offense of aggravated unlawful

19 possession of a weapon when he or she knowingly:

20 (1) Carries on or about his or her person or in any

21 vehicle or concealed on or about his or her person except

22 when on his or her land or in his or her abode, legal

23 dwelling, or fixed place of business, or on the land or in

24 the legal dwelling of another person as an invitee with

25 that person's permission, any pistol, revolver, stun gun

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1 or taser or other firearm; or

2 (2) Carries or possesses on or about his or her

3 person, upon any public street, alley, or other public

4 lands within the corporate limits of a city, village or

5 incorporated town, except when an invitee thereon or

6 therein, for the purpose of the display of such weapon or

7 the lawful commerce in weapons, or except when on his or

8 her own land or in his or her own abode, legal dwelling, or

9 fixed place of business, or on the land or in the legal

10 dwelling of another person as an invitee with that

11 person's permission, any pistol, revolver, stun gun or

12 taser or other firearm; and

13 (3) One of the following factors is present:

14 (A) the firearm, other than a pistol, revolver, or

15 handgun, possessed was uncased, loaded, and

16 immediately accessible at the time of the offense; or

17 (A-5) the pistol, revolver, or handgun possessed

18 was uncased, loaded, and immediately accessible at the

19 time of the offense and the person possessing the

20 pistol, revolver, or handgun has not been issued a

21 currently valid license under the Firearm Concealed

22 Carry Act; or

23 (B) the firearm, other than a pistol, revolver, or

24 handgun, possessed was uncased, unloaded, and the

25 ammunition for the weapon was immediately accessible

26 at the time of the offense; or

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1 (B-5) the pistol, revolver, or handgun possessed

2 was uncased, unloaded, and the ammunition for the

3 weapon was immediately accessible at the time of the

4 offense and the person possessing the pistol,

5 revolver, or handgun has not been issued a currently

6 valid license under the Firearm Concealed Carry Act;

7 or

8 (C) the person possessing the firearm has not been

9 issued a currently valid Firearm Owner's

10 Identification Card; or

11 (D) the person possessing the weapon was

12 previously adjudicated a delinquent minor under the

13 Juvenile Court Act of 1987 for an act that if committed

14 by an adult would be a felony; or

15 (E) the person possessing the weapon was engaged

16 in a misdemeanor violation of the Cannabis Control

17 Act, in a misdemeanor violation of the Illinois

18 Controlled Substances Act, or in a misdemeanor

19 violation of the Methamphetamine Control and Community

20 Protection Act; or

21 (F) (blank); or

22 (G) the person possessing the weapon had an order

23 of protection issued against him or her within the

24 previous 2 years; or

25 (H) the person possessing the weapon was engaged

26 in the commission or attempted commission of a

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1 misdemeanor involving the use or threat of violence

2 against the person or property of another; or

3 (I) the person possessing the weapon was under 21

4 years of age and in possession of a handgun, unless the

5 person under 21 is engaged in lawful activities under

6 the Wildlife Code or described in subsection

7 24-2(b)(1), (b)(3), or 24-2(f).

8 (a-5) "Handgun" as used in this Section has the meaning

9 given to it in Section 5 of the Firearm Concealed Carry Act.

10 (b) "Stun gun or taser" as used in this Section has the

11 same definition given to it in Section 24-1 of this Code.

12 (c) This Section does not apply to or affect the

13 transportation or possession of weapons that:

14 (i) are broken down in a non-functioning state; or

15 (ii) are not immediately accessible; or

16 (iii) are unloaded and enclosed in a case, firearm

17 carrying box, shipping box, or other container by a person

18 who has been issued a currently valid Firearm Owner's

19 Identification Card.

20 (d) Sentence.

21 (1) Aggravated unlawful possession of a weapon is a

22 Class 3 ~~4~~ felony; a second or subsequent offense is a Class

23 2 felony for which the person shall be sentenced to a term

24 of imprisonment of not less than 3 years and not more than

25 7 years, except as provided for in Section 5-4.5-110 of

26 the Unified Code of Corrections.

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1 (2) Except as otherwise provided in paragraphs (3) and

2 (4) of this subsection (d), a first offense of aggravated

3 unlawful possession of a weapon committed with a firearm

4 by a person 18 years of age or older where the factors

5 listed in both items (A) and (C) or both items (A-5) and

6 (C) of paragraph (3) of subsection (a) are present is a

7 Class 3 ~~4~~ felony, for which the person shall be sentenced

8 to a term of imprisonment of not less than 2 ~~one~~ year and

9 not more than 5 ~~3~~ years.

10 (3) Aggravated unlawful possession of a weapon by a

11 person who has been previously convicted of a felony in

12 this State or another jurisdiction is a Class 2 felony for

13 which the person shall be sentenced to a term of

14 imprisonment of not less than 3 years and not more than 7

15 years, except as provided for in Section 5-4.5-110 of the

16 Unified Code of Corrections.

17 (4) Aggravated unlawful possession of a weapon while

18 wearing or in possession of body armor as defined in

19 Section 33F-1 by a person who has not been issued a valid

20 Firearms Owner's Identification Card in accordance with

21 Section 5 of the Firearm Owners Identification Card Act is

22 a Class X felony.

23 (e) The possession of each firearm in violation of this

24 Section constitutes a single and separate violation.

25 (Source: P.A. 103-822, eff. 1-1-25.)

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1 (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)

2 Sec. 24-3.1. Unlawful possession of firearms and firearm

3 ammunition.

4 (a) A person commits the offense of unlawful possession of

5 firearms or firearm ammunition when:

6 (1) He or she is under 18 years of age and has in his

7 or her possession any firearm of a size which may be

8 concealed upon the person; or

9 (2) He or she is under 21 years of age, has been

10 convicted of a misdemeanor other than a traffic offense or

11 adjudged delinquent and has any firearms or firearm

12 ammunition in his or her possession; or

13 (3) He or she is a narcotic addict and has any firearms

14 or firearm ammunition in his or her possession; or

15 (4) He or she has been a patient in a mental

16 institution within the past 5 years and has any firearms

17 or firearm ammunition in his or her possession. For

18 purposes of this paragraph (4):

19 "Mental institution" means any hospital,

20 institution, clinic, evaluation facility, mental

21 health center, or part thereof, which is used

22 primarily for the care or treatment of persons with

23 mental illness.

24 "Patient in a mental institution" means the person

25 was admitted, either voluntarily or involuntarily, to

26 a mental institution for mental health treatment,

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1 unless the treatment was voluntary and solely for an

2 alcohol abuse disorder and no other secondary

3 substance abuse disorder or mental illness; or

4 (5) He or she is a person with an intellectual

5 disability and has any firearms or firearm ammunition in

6 his or her possession; or

7 (6) He or she has in his or her possession any

8 explosive bullet.

9 For purposes of this paragraph "explosive bullet" means

10 the projectile portion of an ammunition cartridge which

11 contains or carries an explosive charge which will explode

12 upon contact with the flesh of a human or an animal.

13 "Cartridge" means a tubular metal case having a projectile

14 affixed at the front thereof and a cap or primer at the rear

15 end thereof, with the propellant contained in such tube

16 between the projectile and the cap.

17 (b) Sentence.

18 Unlawful possession of ~~firearms, other than handguns, and~~

19 firearm ammunition is a Class A misdemeanor. Unlawful

20 possession of firearms ~~handguns~~ is a Class 4 felony. The

21 possession of each firearm or firearm ammunition in violation

22 of this Section constitutes a single and separate violation.

23 (c) Nothing in paragraph (1) of subsection (a) of this

24 Section prohibits a person under 18 years of age from

25 participating in any lawful recreational activity with a

26 firearm such as, but not limited to, practice shooting at

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1 targets upon established public or private target ranges or

2 hunting, trapping, or fishing in accordance with the Wildlife

3 Code or the Fish and Aquatic Life Code.

4 (Source: P.A. 99-143, eff. 7-27-15.)