Bill Text: IL SB2179 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Removes from unlawful use of weapons the carrying or possessing openly on his or her person or in any vehicle a pistol or revolver by a person who has been issued a currently valid Firearm Owner's Identification Card and is 21 years of age or older. Removes from unlawful use of weapons carrying or possessing openly on his or her person any pistol or revolver upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town by a person who has been issued a currently valid Firearm Owner's Identification Card and is 21 years of age or older. Removes from aggravated unlawful use of weapons the carrying or possessing openly on his or her person or in any vehicle an uncased and loaded pistol or revolver while the firearm was immediately accessible or if unloaded the ammunition for the weapon was immediately accessible, and the person possessing the firearm has not been issued a currently valid Firearm Owner's Identification Card or has been issued a currently valid Firearm Owner's Identification Card and is under 21 years of age. Removes from aggravated unlawful use of weapons the carrying or possessing openly on his or her person any uncased and loaded pistol or revolver upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town while the firearm was immediately accessible or if unloaded the ammunition for the firearm was immediately accessible, and the person possessing the firearm has not been issued a currently valid Firearm Owner's Identification Card or has been issued a currently valid Firearm Owner's Identification Card and is under 21 years of age. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB2179 Detail]

Download: Illinois-2013-SB2179-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB2179 Introduced 2/15/2013, by Sen. Napoleon Harris, III 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. Removes from unlawful use of weapons the carrying or possessing openly on his or her person or in any vehicle a pistol or revolver by a person who has been issued a currently valid Firearm Owner's Identification Card and is 21 years of age or older. Removes from unlawful use of weapons carrying or possessing openly on his or her person any pistol or revolver upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town by a person who has been issued a currently valid Firearm Owner's Identification Card and is 21 years of age or older. Removes from aggravated unlawful use of weapons the carrying or possessing openly on his or her person or in any vehicle an uncased and loaded pistol or revolver while the firearm was immediately accessible or if unloaded the ammunition for the weapon was immediately accessible, and the person possessing the firearm has not been issued a currently valid Firearm Owner's Identification Card or has been issued a currently valid Firearm Owner's Identification Card and is under 21 years of age. Removes from aggravated unlawful use of weapons the carrying or possessing openly on his or her person any uncased and loaded pistol or revolver upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town while the firearm was immediately accessible or if unloaded the ammunition for the firearm was immediately accessible, and the person possessing the firearm has not been issued a currently valid Firearm Owner's Identification Card or has been issued a currently valid Firearm Owner's Identification Card and is under 21 years of age. Effective immediately.
LRB098 10328 RLC 40515 b
A BILL FOR
SB2179 LRB098 10328 RLC 40515 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by changing
Sections 24-1 and 24-1.6 as follows:
(720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
Sec. 24-1. Unlawful Use of Weapons.
(a) A person commits the offense of unlawful use of weapons
when he or she knowingly:
(1) Sells, manufactures, purchases, possesses or
carries any bludgeon, black-jack, slung-shot, sand-club,
sand-bag, metal knuckles or other knuckle weapon
regardless of its composition, throwing star, or any knife,
commonly referred to as a switchblade knife, which has a
blade that opens automatically by hand pressure applied to
a button, spring or other device in the handle of the
knife, or a ballistic knife, which is a device that propels
a knifelike blade as a projectile by means of a coil
spring, elastic material or compressed gas; or
(2) Carries or possesses with intent to use the same
unlawfully against another, a dagger, dirk, billy,
dangerous knife, razor, stiletto, broken bottle or other
piece of glass, stun gun or taser or any other dangerous or

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deadly weapon or instrument of like character; or
(3) Carries on or about his or her person or in any
vehicle, a tear gas gun projector or bomb or any object
containing noxious liquid gas or substance, other than an
object containing a non-lethal noxious liquid gas or
substance designed solely for personal defense carried by a
person 18 years of age or older; or
(4) Carries or possesses openly in any vehicle or
concealed on or about his or her person or in any vehicle,
any pistol or revolver, and has not been issued a currently
valid Firearm Owner's Identification Card, or has been
issued a currently valid Firearm Owner's Identification
Card and is under 21 years of age, or any stun gun, taser,
or other firearm, with or without, a currently valid
Firearm Owner's Identification Card issued to the person,
except:
(A) 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; and , any
pistol, revolver, stun gun or taser or other firearm,
except that this subsection (a) (4) does not apply to
or affect
(B) transportation of weapons that meet one of the
following conditions:
(i) are broken down in a non-functioning

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state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case,
firearm carrying box, shipping box, or other
container by a person who has been issued a
currently valid Firearm Owner's Identification
Card; or
(5) Sets a spring gun; or
(6) Possesses any device or attachment of any kind
designed, used or intended for use in silencing the report
of any firearm; or
(7) Sells, manufactures, purchases, possesses or
carries:
(i) a machine gun, which shall be defined for the
purposes of this subsection as any weapon, which
shoots, is designed to shoot, or can be readily
restored to shoot, automatically more than one shot
without manually reloading by a single function of the
trigger, including the frame or receiver of any such
weapon, or sells, manufactures, purchases, possesses,
or carries any combination of parts designed or
intended for use in converting any weapon into a
machine gun, or any combination or parts from which a
machine gun can be assembled if such parts are in the
possession or under the control of a person;
(ii) any rifle having one or more barrels less than

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16 inches in length or a shotgun having one or more
barrels less than 18 inches in length or any weapon
made from a rifle or shotgun, whether by alteration,
modification, or otherwise, if such a weapon as
modified has an overall length of less than 26 inches;
or
(iii) any bomb, bomb-shell, grenade, bottle or
other container containing an explosive substance of
over one-quarter ounce for like purposes, such as, but
not limited to, black powder bombs and Molotov
cocktails or artillery projectiles; or
(8) Carries or possesses any firearm, stun gun or taser
or other deadly weapon in any place which is licensed to
sell intoxicating beverages, or at any public gathering
held pursuant to a license issued by any governmental body
or any public gathering at which an admission is charged,
excluding a place where a showing, demonstration or lecture
involving the exhibition of unloaded firearms is
conducted.
This subsection (a)(8) does not apply to any auction or
raffle of a firearm held pursuant to a license or permit
issued by a governmental body, nor does it apply to persons
engaged in firearm safety training courses; or
(9) Carries or possesses in a vehicle or on or about
his or her person any pistol, revolver, stun gun or taser
or firearm or ballistic knife, when he is hooded, robed or

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masked in such manner as to conceal his or her identity; or
(10) Carries or possesses openly on or about his or her
person, upon any public street, alley, or other public
lands within the corporate limits of a city, village or
incorporated town any pistol or revolver, and has not been
issued a currently valid Firearm Owner's Identification
Card, or has been issued a currently valid Firearm Owner's
Identification Card and is under 21 years of age, or any
stun gun, taser, or other firearm, with or without, a
currently valid Firearm Owner's Identification Card issued
to the person, except:
(A) when an invitee thereon or therein, for the
purpose of the display of the such weapon or the lawful
commerce in weapons
(B) , 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; and , any pistol, revolver, stun gun or
taser or other firearm, except that this subsection (a)
(10) does not apply to or affect
(C) transportation of weapons that meet one of the
following conditions:
(i) are broken down in a non-functioning
state; or
(ii) are not immediately accessible; or

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(iii) are unloaded and enclosed in a case,
firearm carrying box, shipping box, or other
container by a person who has been issued a
currently valid Firearm Owner's Identification
Card.
A "stun gun or taser", as used in this subsection
paragraph (a) means (i) any device which is powered by
electrical charging units, such as, batteries, and which
fires one or several barbs attached to a length of wire and
which, upon hitting a human, can send out a current capable
of disrupting the person's nervous system in such a manner
as to render him incapable of normal functioning or (ii)
any device which is powered by electrical charging units,
such as batteries, and which, upon contact with a human or
clothing worn by a human, can send out current capable of
disrupting the person's nervous system in such a manner as
to render him incapable of normal functioning; or
(11) Sells, manufactures or purchases any explosive
bullet. For purposes of this paragraph (a) "explosive
bullet" means the projectile portion of an ammunition
cartridge which contains or carries an explosive charge
which will explode upon contact with the flesh of a human
or an animal. "Cartridge" means a tubular metal case having
a projectile affixed at the front thereof and a cap or
primer at the rear end thereof, with the propellant
contained in such tube between the projectile and the cap;

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or
(12) (Blank); or
(13) Carries or possesses on or about his or her person
while in a building occupied by a unit of government, a
billy club, other weapon of like character, or other
instrument of like character intended for use as a weapon.
For the purposes of this Section, "billy club" means a
short stick or club commonly carried by police officers
which is either telescopic or constructed of a solid piece
of wood or other man-made material.
(b) Sentence. A person convicted of a violation of
subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
Class A misdemeanor. A person convicted of a violation of
subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
person convicted of a violation of subsection 24-1(a)(6) or
24-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
convicted of a violation of subsection 24-1(a)(7)(i) commits a
Class 2 felony and shall be sentenced to a term of imprisonment
of not less than 3 years and not more than 7 years, unless the
weapon is possessed in the passenger compartment of a motor
vehicle as defined in Section 1-146 of the Illinois Vehicle
Code, or on the person, while the weapon is loaded, in which
case it shall be a Class X felony. A person convicted of a
second or subsequent violation of subsection 24-1(a)(4),
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
Section constitutes a single and separate violation.
(c) Violations in specific places.
(1) A person who violates subsection 24-1(a)(6) or
24-1(a)(7) in any school, regardless of the time of day or
the time of year, in residential property owned, operated
or managed by a public housing agency or leased by a public
housing agency as part of a scattered site or mixed-income
development, in a public park, in a courthouse, on the real
property comprising any school, regardless of the time of
day or the time of year, on residential property owned,
operated or managed by a public housing agency or leased by
a public housing agency as part of a scattered site or
mixed-income development, on the real property comprising
any public park, on the real property comprising any
courthouse, in any conveyance owned, leased or contracted
by a school to transport students to or from school or a
school related activity, in any conveyance owned, leased,
or contracted by a public transportation agency, or on any
public way within 1,000 feet of the real property
comprising any school, public park, courthouse, public
transportation facility, or residential property owned,
operated, or managed by a public housing agency or leased
by a public housing agency as part of a scattered site or
mixed-income development commits a Class 2 felony and shall
be sentenced to a term of imprisonment of not less than 3

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years and not more than 7 years.
(1.5) A person who violates subsection 24-1(a)(4),
24-1(a)(9), or 24-1(a)(10) in any school, regardless of the
time of day or the time of year, in residential property
owned, operated, or managed by a public housing agency or
leased by a public housing agency as part of a scattered
site or mixed-income development, in a public park, in a
courthouse, on the real property comprising any school,
regardless of the time of day or the time of year, on
residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development, on
the real property comprising any public park, on the real
property comprising any courthouse, in any conveyance
owned, leased, or contracted by a school to transport
students to or from school or a school related activity, in
any conveyance owned, leased, or contracted by a public
transportation agency, or on any public way within 1,000
feet of the real property comprising any school, public
park, courthouse, public transportation facility, or
residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development
commits a Class 3 felony.
(2) A person who violates subsection 24-1(a)(1),
24-1(a)(2), or 24-1(a)(3) in any school, regardless of the

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time of day or the time of year, in residential property
owned, operated or managed by a public housing agency or
leased by a public housing agency as part of a scattered
site or mixed-income development, in a public park, in a
courthouse, on the real property comprising any school,
regardless of the time of day or the time of year, on
residential property owned, operated or managed by a public
housing agency or leased by a public housing agency as part
of a scattered site or mixed-income development, on the
real property comprising any public park, on the real
property comprising any courthouse, in any conveyance
owned, leased or contracted by a school to transport
students to or from school or a school related activity, in
any conveyance owned, leased, or contracted by a public
transportation agency, or on any public way within 1,000
feet of the real property comprising any school, public
park, courthouse, public transportation facility, or
residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development
commits a Class 4 felony. "Courthouse" means any building
that is used by the Circuit, Appellate, or Supreme Court of
this State for the conduct of official business.
(3) Paragraphs (1), (1.5), and (2) of this subsection
(c) shall not apply to law enforcement officers or security
officers of such school, college, or university or to

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students carrying or possessing firearms for use in
training courses, parades, hunting, target shooting on
school ranges, or otherwise with the consent of school
authorities and which firearms are transported unloaded
enclosed in a suitable case, box, or transportation
package.
(4) For the purposes of this subsection (c), "school"
means any public or private elementary or secondary school,
community college, college, or university.
(5) For the purposes of this subsection (c), "public
transportation agency" means a public or private agency
that provides for the transportation or conveyance of
persons by means available to the general public, except
for transportation by automobiles not used for conveyance
of the general public as passengers; and "public
transportation facility" means a terminal or other place
where one may obtain public transportation.
(d) The presence in an automobile other than a public
omnibus of any weapon, instrument or substance referred to in
subsection (a)(7) is prima facie evidence that it is in the
possession of, and is being carried by, all persons occupying
such automobile at the time such weapon, instrument or
substance is found, except under the following circumstances:
(i) if such weapon, instrument or instrumentality is found upon
the person of one of the occupants therein; or (ii) if such
weapon, instrument or substance is found in an automobile

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operated for hire by a duly licensed driver in the due, lawful
and proper pursuit of his or her trade, then such presumption
shall not apply to the driver.
(e) Exemptions. Crossbows, Common or Compound bows and
Underwater Spearguns are exempted from the definition of
ballistic knife as defined in paragraph (1) of subsection (a)
of this Section.
(Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09;
95-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09;
96-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)
(720 ILCS 5/24-1.6)
Sec. 24-1.6. Aggravated unlawful use of a weapon.
(a) A person commits the offense of aggravated unlawful use
of a weapon when he or she knowingly:
(1) Carries openly on or about his or her person or in
any vehicle, any pistol, revolver, stun gun, taser, or
other firearm, or concealed on or about his or her person
except when on his or her land or in his or her 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 or taser or other firearm; or
(2) Carries or possesses openly on or about his or her
person, upon any public street, alley, or other public
lands within the corporate limits of a city, village or

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incorporated town any pistol, revolver, stun gun, taser, or
other firearm, except when an invitee thereon or therein,
for the purpose of the display of the such weapon or the
lawful commerce in weapons, or except when on his or her
own 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 or taser or
other firearm; and
(3) One of the following factors is present:
(A) the firearm possessed was uncased, loaded and
immediately accessible at the time of the offense and
the person possessing the firearm has not been issued a
currently valid Firearm Owner's Identification Card or
has been issued a currently valid Firearm Owner's
Identification Card and is under 21 years of age; or
(B) the firearm possessed was uncased, unloaded
and the ammunition for the weapon was immediately
accessible at the time of the offense and the person
possessing the firearm has not been issued a currently
valid Firearm Owner's Identification Card or has been
issued a currently valid Firearm Owner's
Identification Card and is under 21 years of age; or
(C) the person possessing the firearm has not been
issued a currently valid Firearm Owner's
Identification Card; or

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(D) the person possessing the weapon was
previously adjudicated a delinquent minor under the
Juvenile Court Act of 1987 for an act that if committed
by an adult would be a felony; or
(E) the person possessing the weapon was engaged in
a misdemeanor violation of the Cannabis Control Act, in
a misdemeanor violation of the Illinois Controlled
Substances Act, or in a misdemeanor violation of the
Methamphetamine Control and Community Protection Act;
or
(F) (blank); or
(G) the person possessing the weapon had a order of
protection issued against him or her within the
previous 2 years; or
(H) the person possessing the weapon was engaged in
the commission or attempted commission of a
misdemeanor involving the use or threat of violence
against the person or property of another; or
(I) the person possessing the weapon was under 21
years of age and in possession of a handgun as defined
in Section 24-3, unless the person under 21 is engaged
in lawful activities under the Wildlife Code or
described in subsection 24-2(b)(1), (b)(3), or
24-2(f).
(b) "Stun gun or taser" as used in this Section has the
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
transportation or possession of weapons that:
(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container by a
person who has been issued a currently valid Firearm
Owner's Identification Card.
(d) Sentence.
(1) Aggravated unlawful use of a weapon is a Class 4
felony; a second or subsequent offense is a Class 2 felony
for which the person shall be sentenced to a term of
imprisonment of not less than 3 years and not more than 7
years.
(2) Except as otherwise provided in paragraphs (3) and
(4) of this subsection (d), a first offense of aggravated
unlawful use of a weapon committed with a firearm by a
person 18 years of age or older where the factors listed in
both items (A) and (C) of paragraph (3) of subsection (a)
are present is a Class 4 felony, for which the person shall
be sentenced to a term of imprisonment of not less than one
year and not more than 3 years.
(3) Aggravated unlawful use of a weapon by a person who
has been previously convicted of a felony in this State or
another jurisdiction is a Class 2 felony for which the
person shall be sentenced to a term of imprisonment of not

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less than 3 years and not more than 7 years.
(4) Aggravated unlawful use of a weapon while wearing
or in possession of body armor as defined in Section 33F-1
by a person who has not been issued a valid Firearms
Owner's Identification Card in accordance with Section 5 of
the Firearm Owners Identification Card Act is a Class X
felony.
(e) The possession of each firearm in violation of this
Section constitutes a single and separate violation.
(Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09;
96-829, eff. 12-3-09; 96-1107, eff. 1-1-11.)
Section 99. Effective date. This Act takes effect upon
becoming law.