98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4376
 
Introduced , by Rep. Josh Harms
 
SYNOPSIS AS INTRODUCED:



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

 Amends the Criminal Code of 2012. Provides that a person who has been issued a currently
valid Firearm Owner's
Identification Card may transport in a vehicle an accessible rifle, shotgun, or other long gun without the weapon being broken down in a non-functioning state or without the weapon being enclosed in a case, firearm carrying box,
shipping box, or other container if the firearm is unloaded.



LRB098 13942 RLC 48490 b


 
 
A BILL FOR
 


HB4376LRB098 13942 RLC 48490 b



1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Criminal Code of 2012 is amended by changing 
5Sections 24-1 and 24-1.6 as follows:




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


7 Sec. 24-1. Unlawful Use of Weapons. 

8 (a) A person commits the offense of unlawful use of weapons 
9when
he knowingly:


10  (1) Sells, manufactures, purchases, possesses or 
11 carries any bludgeon,
black-jack, slung-shot, sand-club, 
12 sand-bag, metal knuckles or other knuckle weapon 
13 regardless of its composition, throwing star,
or any knife, 
14 commonly referred to as a switchblade knife, which has a

15 blade that opens automatically by hand pressure applied to 
16 a button,
spring or other device in the handle of the 
17 knife, or a ballistic knife,
which is a device that propels 
18 a knifelike blade as a projectile by means
of a coil 
19 spring, elastic material or compressed gas; or


20  (2) Carries or possesses with intent to use the same 
21 unlawfully
against another, a dagger, dirk, billy, 
22 dangerous knife, razor,
stiletto, broken bottle or other 
23 piece of glass, stun gun or taser or
any other dangerous or 
 
 
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1 deadly weapon or instrument of like character; or


2  (3) Carries on or about his person or in any vehicle, a 
3 tear gas gun
projector or bomb or any object containing 
4 noxious liquid gas or
substance, other than an object 
5 containing a non-lethal noxious liquid gas
or substance 
6 designed solely for personal defense carried by a person 18

7 years of age or older; or


8  (4) Carries or possesses in any vehicle or concealed on 
9 or about his
person except when on his land or in his own 
10 abode, legal dwelling, or fixed place of
business, or on 
11 the land or in the legal dwelling of another person as an 
12 invitee with that person's permission, any pistol, 
13 revolver, stun gun or taser or other firearm, except
that

14 this subsection (a) (4) does not apply to or affect 
15 transportation of:
16   (A) weapons, other than rifles, shotguns, or other 
17 long guns that are transported in a vehicle,
that meet 
18 one of the following conditions:

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

21 
   (ii) are not immediately accessible; or


22    (iii) are unloaded and enclosed in a case, 
23 firearm carrying box,
shipping box, or other 
24 container by a person who has been issued a 
25 currently
valid Firearm Owner's
Identification 
26 Card; or

 
 
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1   (B) rifles, shotguns, or other long guns in a 
2 vehicle by a person who has been issued a currently

3 valid Firearm Owner's
Identification Card if the 
4 firearms are unloaded; or 

5  (5) Sets a spring gun; or


6  (6) Possesses any device or attachment of any kind 
7 designed, used or
intended for use in silencing the report 
8 of any firearm; or


9  (7) Sells, manufactures, purchases, possesses or 
10 carries:


11   (i) a machine gun, which shall be defined for the 
12 purposes of this
subsection as any weapon,
which 
13 shoots, is designed to shoot, or can be readily 
14 restored to shoot,
automatically more than one shot 
15 without manually reloading by a single
function of the 
16 trigger, including the frame or receiver
of any such 
17 weapon, or sells, manufactures, purchases, possesses, 
18 or
carries any combination of parts designed or 
19 intended for
use in converting any weapon into a 
20 machine gun, or any combination or
parts from which a 
21 machine gun can be assembled if such parts are in the

22 possession or under the control of a person;


23   (ii) any rifle having one or
more barrels less than 
24 16 inches in length or a shotgun having one or more

25 barrels less than 18 inches in length or any weapon 
26 made from a rifle or
shotgun, whether by alteration, 
 
 
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1 modification, or otherwise, if such a weapon
as 
2 modified has an overall length of less than 26 inches; 
3 or


4   (iii) any
bomb, bomb-shell, grenade, bottle or 
5 other container containing an
explosive substance of 
6 over one-quarter ounce for like purposes, such
as, but 
7 not limited to, black powder bombs and Molotov 
8 cocktails or
artillery projectiles; or


9  (8) Carries or possesses any firearm, stun gun or taser 
10 or other
deadly weapon in any place which is licensed to 
11 sell intoxicating
beverages, or at any public gathering 
12 held pursuant to a license issued
by any governmental body 
13 or any public gathering at which an admission
is charged, 
14 excluding a place where a showing, demonstration or lecture

15 involving the exhibition of unloaded firearms is 
16 conducted.


17  This subsection (a)(8) does not apply to any auction or 
18 raffle of a firearm
held pursuant to
a license or permit 
19 issued by a governmental body, nor does it apply to persons

20 engaged
in firearm safety training courses; or


21  (9) Carries or possesses in a vehicle or on or about 
22 his person any
pistol, revolver, stun gun or taser or 
23 firearm or ballistic knife, when
he is hooded, robed or 
24 masked in such manner as to conceal his identity; or


25  (10) Carries or possesses on or about his person, upon 
26 any public street,
alley, or other public lands within the 
 
 
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1 corporate limits of a city, village
or incorporated town, 
2 except when an invitee thereon or therein, for the
purpose 
3 of the display of such weapon or the lawful commerce in 
4 weapons, or
except when on his land or in his own abode, 
5 legal dwelling, or fixed place of business, or on the land 
6 or in the legal dwelling of another person as an invitee 
7 with that person's permission, any
pistol, revolver, stun 
8 gun or taser or other firearm, except that this
subsection 
9 (a) (10) does not apply to or affect transportation of 
10 weapons as provided in subsection 24-1(a)(4)(B) or that

11 meet one of the following conditions:


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


13   (ii) are not immediately accessible; or


14   (iii) are unloaded and enclosed in a case, firearm 
15 carrying box,
shipping box, or other container by a 
16 person who has been issued a currently
valid Firearm 
17 Owner's
Identification Card.


18  A "stun gun or taser", as used in this paragraph (a) 
19 means (i) any device
which is powered by electrical 
20 charging units, such as, batteries, and
which fires one or 
21 several barbs attached to a length of wire and
which, upon 
22 hitting a human, can send out a current capable of 
23 disrupting
the person's nervous system in such a manner as 
24 to render him incapable of
normal functioning or (ii) any 
25 device which is powered by electrical
charging units, such 
26 as batteries, and which, upon contact with a human or

 
 
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1 clothing worn by a human, can send out current capable of 
2 disrupting
the person's nervous system in such a manner as 
3 to render him incapable
of normal functioning; or


4  (11) Sells, manufactures or purchases any explosive 
5 bullet. For purposes
of this paragraph (a) "explosive 
6 bullet" means the projectile portion of
an ammunition 
7 cartridge which contains or carries an explosive charge 
8 which
will explode upon contact with the flesh of a human 
9 or an animal.
"Cartridge" means a tubular metal case having 
10 a projectile affixed at the
front thereof and a cap or 
11 primer at the rear end thereof, with the
propellant 
12 contained in such tube between the projectile and the cap; 
13 or


14  (12) (Blank); or

15  (13) Carries or possesses on or about his or her person 
16 while in a building occupied by a unit of government, a 
17 billy club, other weapon of like character, or other 
18 instrument of like character intended for use as a weapon. 
19 For the purposes of this Section, "billy club" means a 
20 short stick or club commonly carried by police officers 
21 which is either telescopic or constructed of a solid piece 
22 of wood or other man-made material. 
23 (b) Sentence. A person convicted of a violation of 
24subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),

25subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a 
26Class A
misdemeanor.
A person convicted of a violation of 
 
 
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1subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a 
2person
convicted of a violation of subsection 24-1(a)(6) or 
324-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person 
4convicted of a violation of subsection
24-1(a)(7)(i) commits a 
5Class 2 felony and shall be sentenced to a term of imprisonment 
6of not less than 3 years and not more than 7 years, unless the 
7weapon is possessed in the
passenger compartment of a motor 
8vehicle as defined in Section 1-146 of the
Illinois Vehicle 
9Code, or on the person, while the weapon is loaded, in which

10case it shall be a Class X felony. A person convicted of a

11second or subsequent violation of subsection 24-1(a)(4), 
1224-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 
13felony. The possession of each weapon in violation of this 
14Section constitutes a single and separate violation.

15 (c) Violations in specific places.


16  (1) A person who violates subsection 24-1(a)(6) or 
17 24-1(a)(7) in any
school, regardless of the time of day or 
18 the time of year, in residential
property owned, operated 
19 or managed by a public housing agency or
leased by
a public 
20 housing agency as part of a scattered site or mixed-income

21 development, in a
public park, in a courthouse, on the real 
22 property comprising any school,
regardless of the
time of 
23 day or the time of year, on residential property owned, 
24 operated
or
managed by a public housing agency
or leased by 
25 a public housing agency as part of a scattered site or

26 mixed-income development,
on the real property comprising 
 
 
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1 any
public park, on the real property comprising any 
2 courthouse, in any conveyance
owned, leased or contracted 
3 by a school to
transport students to or from school or a 
4 school related activity, in any conveyance
owned, leased, 
5 or contracted by a public transportation agency, or on any

6 public way within 1,000 feet of the real property 
7 comprising any school,
public park, courthouse, public 
8 transportation facility, or residential property owned, 
9 operated, or managed
by a public housing agency
or leased 
10 by a public housing agency as part of a scattered site or

11 mixed-income development
commits a Class 2 felony and shall 
12 be sentenced to a term of imprisonment of not less than 3 
13 years and not more than 7 years.


14  (1.5) A person who violates subsection 24-1(a)(4), 
15 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the 
16 time of day or the time of year,
in residential property 
17 owned, operated, or managed by a public
housing
agency
or 
18 leased by a public housing agency as part of a scattered 
19 site or
mixed-income development,
in
a public
park, in a 
20 courthouse, on the real property comprising any school, 
21 regardless
of the time of day or the time of year, on 
22 residential property owned,
operated, or managed by a 
23 public housing agency
or leased by a public housing agency 
24 as part of a scattered site or
mixed-income development,
on 
25 the real property
comprising any public park, on the real 
26 property comprising any courthouse, in
any conveyance 
 
 
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1 owned, leased, or contracted by a school to transport 
2 students
to or from school or a school related activity, in 
3 any conveyance
owned, leased, or contracted by a public 
4 transportation agency, or on any public way within
1,000 
5 feet of the real property comprising any school, public 
6 park, courthouse,
public transportation facility, or 
7 residential property owned, operated, or managed by a 
8 public
housing agency
or leased by a public housing agency 
9 as part of a scattered site or
mixed-income development

10 commits a Class 3 felony.


11  (2) A person who violates subsection 24-1(a)(1), 
12 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the 
13 time of day or the time of year, in
residential property 
14 owned, operated or managed by a public housing
agency
or 
15 leased by a public housing agency as part of a scattered 
16 site or
mixed-income development,
in
a public park, in a 
17 courthouse, on the real property comprising any school,

18 regardless of the time of day or the time of year, on 
19 residential property
owned, operated or managed by a public 
20 housing agency
or leased by a public housing agency as part 
21 of a scattered site or
mixed-income development,
on the 
22 real property
comprising any public park, on the real 
23 property comprising any courthouse, in
any conveyance 
24 owned, leased or contracted by a school to transport 
25 students
to or from school or a school related activity, in 
26 any conveyance
owned, leased, or contracted by a public 
 
 
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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 4 felony. "Courthouse"
means any building 
8 that is used by the Circuit, Appellate, or Supreme Court of

9 this State for the conduct of official business.


10  (3) Paragraphs (1), (1.5), and (2) of this subsection 
11 (c) shall not
apply to law
enforcement officers or security 
12 officers of such school, college, or
university or to 
13 students carrying or possessing firearms for use in 
14 training
courses, parades, hunting, target shooting on 
15 school ranges, or otherwise with
the consent of school 
16 authorities and which firearms are transported unloaded

17 enclosed in a suitable case, box, or transportation 
18 package.


19  (4) For the purposes of this subsection (c), "school" 
20 means any public or
private elementary or secondary school, 
21 community college, college, or
university.

22  (5) For the purposes of this subsection (c), "public 
23 transportation agency" means a public or private agency 
24 that provides for the transportation or conveyance of

25 persons by means available to the general public, except 
26 for transportation
by automobiles not used for conveyance 
 
 
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1 of the general public as passengers; and "public 
2 transportation facility" means a terminal or other place

3 where one may obtain public transportation.

4 (d) The presence in an automobile other than a public 
5omnibus of any
weapon, instrument or substance referred to in 
6subsection (a)(7) is
prima facie evidence that it is in the 
7possession of, and is being
carried by, all persons occupying 
8such automobile at the time such
weapon, instrument or 
9substance is found, except under the following
circumstances: 
10(i) if such weapon, instrument or instrumentality is
found upon 
11the person of one of the occupants therein; or (ii) if such

12weapon, instrument or substance is found in an automobile 
13operated for
hire by a duly licensed driver in the due, lawful 
14and proper pursuit of
his trade, then such presumption shall 
15not apply to the driver.

16 (e) Exemptions. Crossbows, Common or Compound bows and 
17Underwater
Spearguns are exempted from the definition of 
18ballistic knife as defined in
paragraph (1) of subsection (a) 
19of this Section.

20(Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09; 
2195-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09; 
2296-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)


23 (720 ILCS 5/24-1.6)
24 Sec. 24-1.6. Aggravated unlawful use of a weapon. 
25 (a) A person commits the offense of aggravated unlawful use 
 
 
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1of a weapon when
he or she knowingly:
2  (1) Carries on or about his or her person or in any 
3 vehicle or concealed
on or about his or her person except 
4 when on his or her land or in his or her
abode, legal 
5 dwelling, or fixed place of business, or on the land or in 
6 the legal dwelling of another person as an invitee with 
7 that person's permission, any pistol, revolver, stun gun or 
8 taser or
other firearm; or
9  (2) Carries or possesses on or about his or her person, 
10 upon any public
street, alley, or other public lands within 
11 the corporate limits of a city,
village or incorporated 
12 town, except when an invitee thereon or therein, for
the 
13 purpose of the display of such weapon or the lawful 
14 commerce in weapons, or
except when on his or her own land 
15 or in his or her own abode, legal dwelling, or fixed place 
16 of
business, or on the land or in the legal dwelling of 
17 another person as an invitee with that person's permission, 
18 any pistol, revolver, stun gun or taser or other firearm; 
19 and
20  (3) One of the following factors is present:
21   (A) the firearm, other than a pistol, revolver, or 
22 handgun, possessed was uncased, loaded, and 
23 immediately accessible
at the time of the offense; or
24   (A-5) the pistol, revolver, or handgun possessed 
25 was uncased, loaded, and immediately accessible
at the 
26 time of the offense and the person possessing the 
 
 
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1 pistol, revolver, or handgun has not been issued a 
2 currently valid license under the Firearm Concealed 
3 Carry Act; or 
4   (B) the firearm, other than a pistol, revolver, or 
5 handgun, possessed was uncased, unloaded, and the 
6 ammunition for
the weapon was immediately accessible 
7 at the time of the offense; or
8   (B-5) the pistol, revolver, or handgun possessed 
9 was uncased, unloaded, and the ammunition for
the 
10 weapon was immediately accessible at the time of the 
11 offense and the person possessing the pistol, 
12 revolver, or handgun has not been issued a currently 
13 valid license under the Firearm Concealed Carry Act; or 
14   (C) the person possessing the firearm has not been 
15 issued a currently
valid Firearm Owner's 
16 Identification Card; or
17   (D) the person possessing the weapon was 
18 previously adjudicated
a delinquent minor under the 
19 Juvenile Court Act of 1987 for an act that if
committed 
20 by an adult would be a felony; or
21   (E) the person possessing the weapon was engaged in 
22 a misdemeanor
violation of the Cannabis
Control Act, in 
23 a misdemeanor violation of the Illinois Controlled 
24 Substances
Act, or in a misdemeanor violation of the 
25 Methamphetamine Control and Community Protection Act; 
26 or
 
 
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1   (F) (blank); or
2   (G) the person possessing the weapon had a order of 
3 protection issued
against him or her within the 
4 previous 2 years; or
5   (H) the person possessing the weapon was engaged in 
6 the commission or
attempted commission of
a 
7 misdemeanor involving the use or threat of violence 
8 against
the person or property of another; or
9   (I) the person possessing the weapon was under 21 
10 years of age and in
possession of a handgun, unless the 
11 person under 21
is engaged in lawful activities under 
12 the Wildlife Code or described in
subsection 
13 24-2(b)(1), (b)(3), or 24-2(f).
14 (a-5) "Handgun" as used in this Section has the meaning 
15given to it in Section 5 of the Firearm Concealed Carry Act. 
16 (b) "Stun gun or taser" as used in this Section has the 
17same definition
given to it in Section 24-1 of this Code.
18 (c) This Section does not apply to or affect the 
19transportation or
possession
of weapons as provided in 
20subsection 24-1(a)(4)(B) or that:
21  (i) are broken down in a non-functioning state; or
22  (ii) are not immediately accessible; or
23  (iii) are unloaded and enclosed in a case, firearm 
24 carrying box,
shipping box, or other container by a person 
25 who has been issued a currently
valid Firearm Owner's

26 Identification Card.
 
 
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1 (d) Sentence.
2   (1) Aggravated unlawful use of a weapon is a Class 4 
3 felony;
a second or subsequent offense is a Class 2 felony 
4 for which the person shall be sentenced to a term of 
5 imprisonment of not less than 3 years and not more than 7 
6 years. 
7  (2) Except as otherwise provided in paragraphs (3) and 
8 (4) of this subsection (d), a first offense of aggravated 
9 unlawful use of a weapon committed with a firearm by a 
10 person 18 years of age or older where the factors listed in 
11 both items (A) and (C) or both items (A-5) and (C) of 
12 paragraph (3) of subsection (a) are present is a Class 4 
13 felony, for which the person shall be sentenced to a term 
14 of imprisonment of not less than one year and not more than 
15 3 years.
16  (3) Aggravated unlawful use of
a weapon by a person who 
17 has been previously
convicted of a felony in this State or 
18 another jurisdiction is a Class 2
felony for which the 
19 person shall be sentenced to a term of imprisonment of not 
20 less than 3 years and not more than 7 years. 
21  (4) Aggravated unlawful use of a weapon while wearing 
22 or in possession of body armor as defined in Section 33F-1 
23 by a person who has not been issued a valid Firearms 
24 Owner's Identification Card in accordance with Section 5 of 
25 the Firearm Owners Identification Card Act is a Class X 
26 felony.

 
 
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1 (e) The possession of each firearm in violation of this 
2Section constitutes a single and separate violation.
3(Source: P.A. 98-63, eff. 7-9-13.)