100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB4337

Introduced , by Rep. Kathleen Willis

SYNOPSIS AS INTRODUCED:

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

Amends the Criminal Code of 2012 concerning unlawful use of weapons. Prohibits the knowing sale, manufacture, purchase, possession, or carrying of a trigger modification device. Defines "trigger modification device". Provides that a person convicted of a violation 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, or on the person, while the weapon is

loaded, in which
case it shall be a Class X felony.

LRB100 15047 RLC 29879 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

HB4337

LRB100 15047 RLC 29879 b

1 AN ACT concerning criminal law.

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

3 represented in the General Assembly:

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

5 Section 24-1 as follows:

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

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

8 (a) A person commits the offense of unlawful use of weapons

9 when he knowingly:

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

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

12 sand-bag, metal knuckles or other knuckle weapon

13 regardless of its composition, throwing star, or any knife,

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

15 blade that opens automatically by hand pressure applied to

16 a button, spring or other device in the handle of the

17 knife, or a ballistic knife, which is a device that propels

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

19 spring, elastic material or compressed gas; or

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

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

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

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

HB4337

- 2 -

LRB100 15047 RLC 29879 b

1 deadly weapon or instrument of like character; or

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

3 tear gas gun projector or bomb or any object containing

4 noxious liquid gas or substance, other than an object

5 containing a non-lethal noxious liquid gas or substance

6 designed solely for personal defense carried by a person 18

7 years of age or older; or

8 (4) Carries or possesses in any vehicle or concealed on

9 or about his person except when on his land or in his own

10 abode, legal dwelling, or fixed place of business, or on

11 the land or in the legal dwelling of another person as an

12 invitee with that person's permission, any pistol,

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

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

15 transportation of weapons that meet one of the following

16 conditions:

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

18 (ii) are not immediately accessible; or

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

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

21 person who has been issued a currently valid Firearm

22 Owner's Identification Card; or

23 (iv) are carried or possessed in accordance with

24 the Firearm Concealed Carry Act by a person who has

25 been issued a currently valid license under the Firearm

26 Concealed Carry Act; or

HB4337

- 3 -

LRB100 15047 RLC 29879 b

1 (5) Sets a spring gun; or

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

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

4 of any firearm; or

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

6 carries:

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

8 purposes of this subsection as any weapon, which

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

10 restored to shoot, automatically more than one shot

11 without manually reloading by a single function of the

12 trigger, including the frame or receiver of any such

13 weapon, or sells, manufactures, purchases, possesses,

14 or carries any combination of parts designed or

15 intended for use in converting any weapon into a

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

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

18 possession or under the control of a person;

19 (i-5) a trigger modification device. For purposes

20 of this clause (i-5), "trigger modification device"

21 means any part, or combination of parts, designed or

22 intended to accelerate the rate of fire of a firearm,

23 but does not convert the firearm into a machine gun,

24 including, but not limited to:

25 (A) any part, or combination of parts,

26 designed or intended for use in modifying a firearm

HB4337

- 4 -

LRB100 15047 RLC 29879 b

1 to use the recoil of the firearm to produce a rapid

2 succession of trigger functions; or

3 (B) any part, or combination of parts,

4 designed or intended for use in modifying a firearm

5 to produce multiple trigger functions through the

6 use of an external mechanism;

7 (ii) any rifle having one or more barrels less than

8 16 inches in length or a shotgun having one or more

9 barrels less than 18 inches in length or any weapon

10 made from a rifle or shotgun, whether by alteration,

11 modification, or otherwise, if such a weapon as

12 modified has an overall length of less than 26 inches;

13 or

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

15 other container containing an explosive substance of

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

17 not limited to, black powder bombs and Molotov

18 cocktails or artillery projectiles; or

19 (8) Carries or possesses any firearm, stun gun or taser

20 or other deadly weapon in any place which is licensed to

21 sell intoxicating beverages, or at any public gathering

22 held pursuant to a license issued by any governmental body

23 or any public gathering at which an admission is charged,

24 excluding a place where a showing, demonstration or lecture

25 involving the exhibition of unloaded firearms is

26 conducted.

HB4337

- 5 -

LRB100 15047 RLC 29879 b

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

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

3 issued by a governmental body, nor does it apply to persons

4 engaged in firearm safety training courses; or

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

6 his person any pistol, revolver, stun gun or taser or

7 firearm or ballistic knife, when he is hooded, robed or

8 masked in such manner as to conceal his identity; or

9 (10) Carries or possesses on or about his person, upon

10 any public street, alley, or other public lands within the

11 corporate limits of a city, village or incorporated town,

12 except when an invitee thereon or therein, for the purpose

13 of the display of such weapon or the lawful commerce in

14 weapons, or except when on his land or in his own abode,

15 legal dwelling, or fixed place of business, or on the land

16 or in the legal dwelling of another person as an invitee

17 with that person's permission, any pistol, revolver, stun

18 gun or taser or other firearm, except that this subsection

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

20 weapons that meet one of the following conditions:

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

25 person who has been issued a currently valid Firearm

26 Owner's Identification Card; or

HB4337

- 6 -

LRB100 15047 RLC 29879 b

1 (iv) are carried or possessed in accordance with

2 the Firearm Concealed Carry Act by a person who has

3 been issued a currently valid license under the Firearm

4 Concealed Carry Act.

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

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

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

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

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

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

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

12 device which is powered by electrical charging units, such

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

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

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

16 to render him incapable of normal functioning; or

17 (11) Sells, manufactures or purchases any explosive

18 bullet. For purposes of this paragraph (a) "explosive

19 bullet" means the projectile portion of an ammunition

20 cartridge which contains or carries an explosive charge

21 which will explode upon contact with the flesh of a human

22 or an animal. "Cartridge" means a tubular metal case having

23 a projectile affixed at the front thereof and a cap or

24 primer at the rear end thereof, with the propellant

25 contained in such tube between the projectile and the cap;

26 or

HB4337

- 7 -

LRB100 15047 RLC 29879 b

1 (12) (Blank); or

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

3 while in a building occupied by a unit of government, a

4 billy club, other weapon of like character, or other

5 instrument of like character intended for use as a weapon.

6 For the purposes of this Section, "billy club" means a

7 short stick or club commonly carried by police officers

8 which is either telescopic or constructed of a solid piece

9 of wood or other man-made material.

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

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

12 subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a

13 Class A misdemeanor. A person convicted of a violation of

14 subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a

15 person convicted of a violation of subsection 24-1(a)(6) or

16 24-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person

17 convicted of a violation of subsection 24-1(a)(7)(i)or

18 24-1(a)(7)(i-5) commits a Class 2 felony and shall be sentenced

19 to a term of imprisonment of not less than 3 years and not more

20 than 7 years, unless the weapon is possessed in the passenger

21 compartment of a motor vehicle as defined in Section 1-146 of

22 the Illinois Vehicle Code, or on the person, while the weapon

23 is loaded, in which case it shall be a Class X felony. A person

24 convicted of a second or subsequent violation of subsection

25 24-1(a)(4), 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a

26 Class 3 felony. The possession of each weapon in violation of

HB4337

- 8 -

LRB100 15047 RLC 29879 b

1 this Section constitutes a single and separate violation.

2 (c) Violations in specific places.

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

4 24-1(a)(7) in any school, regardless of the time of day or

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

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

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

8 development, in a public park, in a courthouse, on the real

9 property comprising any school, regardless of the time of

10 day or the time of year, on residential property owned,

11 operated or managed by a public housing agency or leased by

12 a public housing agency as part of a scattered site or

13 mixed-income development, on the real property comprising

14 any public park, on the real property comprising any

15 courthouse, in any conveyance owned, leased or contracted

16 by a school to transport students to or from school or a

17 school related activity, in any conveyance owned, leased,

18 or contracted by a public transportation agency, or on any

19 public way within 1,000 feet of the real property

20 comprising any school, public park, courthouse, public

21 transportation facility, or residential property owned,

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

23 by a public housing agency as part of a scattered site or

24 mixed-income development commits a Class 2 felony and shall

25 be sentenced to a term of imprisonment of not less than 3

26 years and not more than 7 years.

HB4337

- 9 -

LRB100 15047 RLC 29879 b

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

2 24-1(a)(9), or 24-1(a)(10) in any school, regardless of the

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

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

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

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

7 courthouse, on the real property comprising any school,

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

9 residential property owned, operated, or managed by a

10 public housing agency or leased by a public housing agency

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

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

13 property comprising any courthouse, in any conveyance

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

15 students to or from school or a school related activity, in

16 any conveyance owned, leased, or contracted by a public

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

18 feet of the real property comprising any school, public

19 park, courthouse, public transportation facility, or

20 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 commits a Class 3 felony.

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

25 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the

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

HB4337

- 10 -

LRB100 15047 RLC 29879 b

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

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

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

4 courthouse, on the real property comprising any school,

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

6 residential property owned, operated or managed by a public

7 housing agency or leased by a public housing agency as part

8 of a scattered site or mixed-income development, on the

9 real property comprising any public park, on the real

10 property comprising any courthouse, in any conveyance

11 owned, leased or contracted by a school to transport

12 students to or from school or a school related activity, in

13 any conveyance owned, leased, or contracted by a public

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

15 feet of the real property comprising any school, public

16 park, courthouse, public transportation facility, or

17 residential property owned, operated, or managed by a

18 public housing agency or leased by a public housing agency

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

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

21 that is used by the Circuit, Appellate, or Supreme Court of

22 this State for the conduct of official business.

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

24 (c) shall not apply to law enforcement officers or security

25 officers of such school, college, or university or to

26 students carrying or possessing firearms for use in

HB4337

- 11 -

LRB100 15047 RLC 29879 b

1 training courses, parades, hunting, target shooting on

2 school ranges, or otherwise with the consent of school

3 authorities and which firearms are transported unloaded

4 enclosed in a suitable case, box, or transportation

5 package.

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

7 means any public or private elementary or secondary school,

8 community college, college, or university.

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

10 transportation agency" means a public or private agency

11 that provides for the transportation or conveyance of

12 persons by means available to the general public, except

13 for transportation by automobiles not used for conveyance

14 of the general public as passengers; and "public

15 transportation facility" means a terminal or other place

16 where one may obtain public transportation.

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

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

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

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

21 such automobile at the time such weapon, instrument or

22 substance is found, except under the following circumstances:

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

24 the person of one of the occupants therein; or (ii) if such

25 weapon, instrument or substance is found in an automobile

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

HB4337

- 12 -

LRB100 15047 RLC 29879 b

1 and proper pursuit of his trade, then such presumption shall

2 not apply to the driver.

3 (e) Exemptions.

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

5 Spearguns are exempted from the definition of ballistic

6 knife as defined in paragraph (1) of subsection (a) of this

7 Section.

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

9 this Section prohibiting the sale, manufacture, purchase,

10 possession, or carrying of any knife, commonly referred to

11 as a switchblade knife, which has a blade that opens

12 automatically by hand pressure applied to a button, spring

13 or other device in the handle of the knife, does not apply

14 to a person who possesses a currently valid Firearm Owner's

15 Identification Card previously issued in his or her name by

16 the Department of State Police or to a person or an entity

17 engaged in the business of selling or manufacturing

18 switchblade knives.

19 (Source: P.A. 99-29, eff. 7-10-15; 100-82, eff. 8-11-17.)