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| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5728 Introduced , by Rep. Martin J. Moylan SYNOPSIS AS INTRODUCED:
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| 720 ILCS 5/24-1 | from Ch. 38, par. 24-1 |
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Amends the Criminal Code of 2012. Prohibits the knowing sale, manufacture, purchase, possession, or carrying of a rate of fire enhancement. Defines "rate of fire enhancement". Provides that a violation is a Class 2 felony. Effective immediately.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Criminal Code of 2012 is amended by changing |
| 5 | | Section 24-1 as follows:
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| 6 | | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
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| 7 | | Sec. 24-1. Unlawful use of weapons.
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| 8 | | (a) A person commits the offense of unlawful use of weapons |
| 9 | | when
he knowingly:
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| 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
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| 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
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| 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
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| 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
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| 7 | | years of age or older; or
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| 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
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| 14 | | this subsection (a) (4) does not apply to or affect |
| 15 | | transportation of weapons
that meet one of the following |
| 16 | | conditions:
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| 17 | | (i) are broken down in a non-functioning state; or
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| 18 | | (ii) are not immediately accessible; or
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| 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
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| 1 | | (5) Sets a spring gun; or
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| 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
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| 5 | | (7) Sells, manufactures, purchases, possesses or |
| 6 | | carries:
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| 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
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| 18 | | possession or under the control of a person;
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| 19 | | (i-5) a rate of fire enhancement. In this |
| 20 | | subparagraph (i-5), "rate of fire enhancement" means a |
| 21 | | device, component, part, combination of parts, |
| 22 | | attachment, or accessory that uses energy from the |
| 23 | | recoil of the firearm to generate a reciprocating |
| 24 | | action that: |
| 25 | | (A) facilitates repeated operation of the |
| 26 | | trigger, including, but not limited to, a bump |
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| 1 | | stock; |
| 2 | | (B) repeatedly operates the trigger through |
| 3 | | the use of a crank, lever, or other part, |
| 4 | | including, but not limited to, a trigger crank, |
| 5 | | except for a firearm that is otherwise legally |
| 6 | | possessed and is designed and manufactured to fire |
| 7 | | through the use of the crank, lever, or other part; |
| 8 | | (C) causes a semiautomatic firearm to fire |
| 9 | | more than one round per operation of the trigger, |
| 10 | | if the trigger pull and reset constitute a single |
| 11 | | operation of the trigger, including, but not |
| 12 | | limited to, a binary trigger system; or |
| 13 | | (D) is constructed, manufactured, designed, or |
| 14 | | intended to mechanically increase the rate of fire |
| 15 | | of a firearm in any way; |
| 16 | | (ii) any rifle having one or
more barrels less than |
| 17 | | 16 inches in length or a shotgun having one or more
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| 18 | | barrels less than 18 inches in length or any weapon |
| 19 | | made from a rifle or
shotgun, whether by alteration, |
| 20 | | modification, or otherwise, if such a weapon
as |
| 21 | | modified has an overall length of less than 26 inches; |
| 22 | | or
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| 23 | | (iii) any
bomb, bomb-shell, grenade, bottle or |
| 24 | | other container containing an
explosive substance of |
| 25 | | over one-quarter ounce for like purposes, such
as, but |
| 26 | | not limited to, black powder bombs and Molotov |
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| 1 | | cocktails or
artillery projectiles; or
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| 2 | | (8) Carries or possesses any firearm, stun gun or taser |
| 3 | | or other
deadly weapon in any place which is licensed to |
| 4 | | sell intoxicating
beverages, or at any public gathering |
| 5 | | held pursuant to a license issued
by any governmental body |
| 6 | | or any public gathering at which an admission
is charged, |
| 7 | | excluding a place where a showing, demonstration or lecture
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| 8 | | involving the exhibition of unloaded firearms is |
| 9 | | conducted.
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| 10 | | This subsection (a)(8) does not apply to any auction or |
| 11 | | raffle of a firearm
held pursuant to
a license or permit |
| 12 | | issued by a governmental body, nor does it apply to persons
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| 13 | | engaged
in firearm safety training courses; or
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| 14 | | (9) Carries or possesses in a vehicle or on or about |
| 15 | | his person any
pistol, revolver, stun gun or taser or |
| 16 | | firearm or ballistic knife, when
he is hooded, robed or |
| 17 | | masked in such manner as to conceal his identity; or
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| 18 | | (10) Carries or possesses on or about his person, upon |
| 19 | | any public street,
alley, or other public lands within the |
| 20 | | corporate limits of a city, village
or incorporated town, |
| 21 | | except when an invitee thereon or therein, for the
purpose |
| 22 | | of the display of such weapon or the lawful commerce in |
| 23 | | weapons, or
except when on his land or in his own abode, |
| 24 | | legal dwelling, or fixed place of business, or on the land |
| 25 | | or in the legal dwelling of another person as an invitee |
| 26 | | with that person's permission, any
pistol, revolver, stun |
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| 1 | | gun or taser or other firearm, except that this
subsection |
| 2 | | (a) (10) does not apply to or affect transportation of |
| 3 | | weapons that
meet one of the following conditions:
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| 4 | | (i) are broken down in a non-functioning state; or
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| 5 | | (ii) are not immediately accessible; or
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| 6 | | (iii) are unloaded and enclosed in a case, firearm |
| 7 | | carrying box,
shipping box, or other container by a |
| 8 | | person who has been issued a currently
valid Firearm |
| 9 | | Owner's
Identification Card; or
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| 10 | | (iv) are carried or possessed in accordance with |
| 11 | | the Firearm Concealed Carry Act by a person who has |
| 12 | | been issued a currently valid license under the Firearm |
| 13 | | Concealed Carry Act. |
| 14 | | A "stun gun or taser", as used in this paragraph (a) |
| 15 | | means (i) any device
which is powered by electrical |
| 16 | | charging units, such as, batteries, and
which fires one or |
| 17 | | several barbs attached to a length of wire and
which, upon |
| 18 | | hitting a human, can send out a current capable of |
| 19 | | disrupting
the person's nervous system in such a manner as |
| 20 | | to render him incapable of
normal functioning or (ii) any |
| 21 | | device which is powered by electrical
charging units, such |
| 22 | | as batteries, and which, upon contact with a human or
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| 23 | | clothing worn by a human, can send out current capable of |
| 24 | | disrupting
the person's nervous system in such a manner as |
| 25 | | to render him incapable
of normal functioning; or
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| 26 | | (11) Sells, manufactures or purchases any explosive |
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| 1 | | bullet. For purposes
of this paragraph (a) "explosive |
| 2 | | bullet" means the projectile portion of
an ammunition |
| 3 | | cartridge which contains or carries an explosive charge |
| 4 | | which
will explode upon contact with the flesh of a human |
| 5 | | or an animal.
"Cartridge" means a tubular metal case having |
| 6 | | a projectile affixed at the
front thereof and a cap or |
| 7 | | primer at the rear end thereof, with the
propellant |
| 8 | | contained in such tube between the projectile and the cap; |
| 9 | | or
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| 10 | | (12) (Blank); or
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| 11 | | (13) Carries or possesses on or about his or her person |
| 12 | | while in a building occupied by a unit of government, a |
| 13 | | billy club, other weapon of like character, or other |
| 14 | | instrument of like character intended for use as a weapon. |
| 15 | | For the purposes of this Section, "billy club" means a |
| 16 | | short stick or club commonly carried by police officers |
| 17 | | which is either telescopic or constructed of a solid piece |
| 18 | | of wood or other man-made material. |
| 19 | | (b) Sentence. A person convicted of a violation of |
| 20 | | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
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| 21 | | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a |
| 22 | | Class A
misdemeanor.
A person convicted of a violation of |
| 23 | | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a |
| 24 | | person
convicted of a violation of subsection 24-1(a)(6) or |
| 25 | | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person |
| 26 | | convicted of a violation of subsection
24-1(a)(7)(i) or |
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| 1 | | 24-1(a)(7)(i-5) commits a Class 2 felony and shall be sentenced |
| 2 | | to a term of imprisonment of not less than 3 years and not more |
| 3 | | than 7 years, unless the weapon is possessed in the
passenger |
| 4 | | compartment of a motor vehicle as defined in Section 1-146 of |
| 5 | | the
Illinois Vehicle Code, or on the person, while the weapon |
| 6 | | is loaded, in which
case it shall be a Class X felony. A person |
| 7 | | convicted of a
second or subsequent violation of subsection |
| 8 | | 24-1(a)(4), 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a |
| 9 | | Class 3 felony. The possession of each weapon in violation of |
| 10 | | this Section constitutes a single and separate violation.
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| 11 | | (c) Violations in specific places.
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| 12 | | (1) A person who violates subsection 24-1(a)(6) or |
| 13 | | 24-1(a)(7) in any
school, regardless of the time of day or |
| 14 | | the time of year, in residential
property owned, operated |
| 15 | | or managed by a public housing agency or
leased by
a public |
| 16 | | housing agency as part of a scattered site or mixed-income
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| 17 | | development, in a
public park, in a courthouse, on the real |
| 18 | | property comprising any school,
regardless of the
time of |
| 19 | | day or the time of year, on residential property owned, |
| 20 | | operated
or
managed by a public housing agency
or leased by |
| 21 | | a public housing agency as part of a scattered site or
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| 22 | | mixed-income development,
on the real property comprising |
| 23 | | any
public park, on the real property comprising any |
| 24 | | courthouse, in any conveyance
owned, leased or contracted |
| 25 | | by a school to
transport students to or from school or a |
| 26 | | school related activity, in any conveyance
owned, leased, |
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| 1 | | or contracted by a public transportation agency, or on any
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| 2 | | public way within 1,000 feet of the real property |
| 3 | | comprising any school,
public park, courthouse, public |
| 4 | | transportation facility, or residential property owned, |
| 5 | | operated, or managed
by a public housing agency
or leased |
| 6 | | by a public housing agency as part of a scattered site or
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| 7 | | mixed-income development
commits a Class 2 felony and shall |
| 8 | | be sentenced to a term of imprisonment of not less than 3 |
| 9 | | years and not more than 7 years.
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| 10 | | (1.5) A person who violates subsection 24-1(a)(4), |
| 11 | | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the |
| 12 | | time of day or the time of year,
in residential property |
| 13 | | owned, operated, or managed by a public
housing
agency
or |
| 14 | | leased by a public housing agency as part of a scattered |
| 15 | | site or
mixed-income development,
in
a public
park, in a |
| 16 | | courthouse, on the real property comprising any school, |
| 17 | | regardless
of the time of day or the time of year, on |
| 18 | | residential property owned,
operated, or managed by a |
| 19 | | public housing agency
or leased by a public housing agency |
| 20 | | as part of a scattered site or
mixed-income development,
on |
| 21 | | the real property
comprising any public park, on the real |
| 22 | | property comprising any courthouse, in
any conveyance |
| 23 | | owned, leased, or contracted by a school to transport |
| 24 | | students
to or from school or a school related activity, in |
| 25 | | any conveyance
owned, leased, or contracted by a public |
| 26 | | transportation agency, or on any public way within
1,000 |
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| 1 | | feet of the real property comprising any school, public |
| 2 | | park, courthouse,
public transportation facility, or |
| 3 | | residential property owned, operated, or managed by a |
| 4 | | public
housing agency
or leased by a public housing agency |
| 5 | | as part of a scattered site or
mixed-income development
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| 6 | | commits a Class 3 felony.
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| 7 | | (2) A person who violates subsection 24-1(a)(1), |
| 8 | | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the |
| 9 | | time of day or the time of year, in
residential property |
| 10 | | owned, operated or managed by a public housing
agency
or |
| 11 | | leased by a public housing agency as part of a scattered |
| 12 | | site or
mixed-income development,
in
a public park, in a |
| 13 | | courthouse, on the real property comprising any school,
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| 14 | | regardless of the time of day or the time of year, on |
| 15 | | residential property
owned, operated or managed by a public |
| 16 | | housing agency
or leased by a public housing agency as part |
| 17 | | of a scattered site or
mixed-income development,
on the |
| 18 | | real property
comprising any public park, on the real |
| 19 | | property comprising any courthouse, in
any conveyance |
| 20 | | owned, leased or contracted by a school to transport |
| 21 | | students
to or from school or a school related activity, in |
| 22 | | any conveyance
owned, leased, or contracted by a public |
| 23 | | transportation agency, or on any public way within
1,000 |
| 24 | | feet of the real property comprising any school, public |
| 25 | | park, courthouse,
public transportation facility, or |
| 26 | | residential property owned, operated, or managed by a |
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| 1 | | public
housing agency or leased by a public housing agency |
| 2 | | as part of a scattered
site or mixed-income development |
| 3 | | commits a Class 4 felony. "Courthouse"
means any building |
| 4 | | that is used by the Circuit, Appellate, or Supreme Court of
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| 5 | | this State for the conduct of official business.
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| 6 | | (3) Paragraphs (1), (1.5), and (2) of this subsection |
| 7 | | (c) shall not
apply to law
enforcement officers or security |
| 8 | | officers of such school, college, or
university or to |
| 9 | | students carrying or possessing firearms for use in |
| 10 | | training
courses, parades, hunting, target shooting on |
| 11 | | school ranges, or otherwise with
the consent of school |
| 12 | | authorities and which firearms are transported unloaded
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| 13 | | enclosed in a suitable case, box, or transportation |
| 14 | | package.
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| 15 | | (4) For the purposes of this subsection (c), "school" |
| 16 | | means any public or
private elementary or secondary school, |
| 17 | | community college, college, or
university.
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| 18 | | (5) For the purposes of this subsection (c), "public |
| 19 | | transportation agency" means a public or private agency |
| 20 | | that provides for the transportation or conveyance of
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| 21 | | persons by means available to the general public, except |
| 22 | | for transportation
by automobiles not used for conveyance |
| 23 | | of the general public as passengers; and "public |
| 24 | | transportation facility" means a terminal or other place
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| 25 | | where one may obtain public transportation.
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| 26 | | (d) The presence in an automobile other than a public |
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| 1 | | omnibus of any
weapon, instrument or substance referred to in |
| 2 | | subsection (a)(7) is
prima facie evidence that it is in the |
| 3 | | possession of, and is being
carried by, all persons occupying |
| 4 | | such automobile at the time such
weapon, instrument or |
| 5 | | substance is found, except under the following
circumstances: |
| 6 | | (i) if such weapon, instrument or instrumentality is
found upon |
| 7 | | the person of one of the occupants therein; or (ii) if such
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| 8 | | weapon, instrument or substance is found in an automobile |
| 9 | | operated for
hire by a duly licensed driver in the due, lawful |
| 10 | | and proper pursuit of
his trade, then such presumption shall |
| 11 | | not apply to the driver.
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| 12 | | (e) Exemptions. |
| 13 | | (1) Crossbows, Common or Compound bows and Underwater
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| 14 | | Spearguns are exempted from the definition of ballistic |
| 15 | | knife as defined in
paragraph (1) of subsection (a) of this |
| 16 | | Section. |
| 17 | | (2) The provision of paragraph (1) of subsection (a) of |
| 18 | | this Section prohibiting the sale, manufacture, purchase, |
| 19 | | possession, or carrying of any knife, commonly referred to |
| 20 | | as a switchblade knife, which has a
blade that opens |
| 21 | | automatically by hand pressure applied to a button,
spring |
| 22 | | or other device in the handle of the knife, does not apply |
| 23 | | to a person who possesses a currently valid Firearm Owner's |
| 24 | | Identification Card previously issued in his or her name by |
| 25 | | the Department of State Police or to a person or an entity |
| 26 | | engaged in the business of selling or manufacturing |