Sen. Kwame Raoul
Filed: 4/17/2018
 
 


 




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1
AMENDMENT TO SENATE BILL 2343 




2 AMENDMENT NO. ______. Amend Senate Bill 2343 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Criminal Code of 2012 is amended by 
5changing 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 
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 
 
 
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1 knife, or a ballistic knife,
which is a device that propels 
2 a knifelike blade as a projectile by means
of a coil 
3 spring, elastic material or compressed gas; or

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

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

14 years of age or older; or

15  (4) Carries or possesses in any vehicle or concealed on 
16 or about his
person except when on his land or in his own 
17 abode, legal dwelling, or fixed place of
business, or on 
18 the land or in the legal dwelling of another person as an 
19 invitee with that person's permission, any pistol, 
20 revolver, stun gun or taser or other firearm, except
that

21 this subsection (a) (4) does not apply to or affect 
22 transportation of weapons
that meet one of the following 
23 conditions:

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

25   (ii) are not immediately accessible; or

26   (iii) are unloaded and enclosed in a case, firearm 
 
 
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1 carrying box,
shipping box, or other container by a 
2 person who has been issued a currently
valid Firearm 
3 Owner's
Identification Card; or
4   (iv) are carried or possessed in accordance with 
5 the Firearm Concealed Carry Act by a person who has 
6 been issued a currently valid license under the Firearm 
7 Concealed Carry Act; or 

8  (5) Sets a spring gun; or

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

12  (7) Sells, manufactures, purchases, possesses or 
13 carries:

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

25 possession or under the control of a person;

26   (i-5) beginning 90 days after the effective date of 
 
 
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1 this amendatory Act of the 100th General Assembly, a 
2 bump stock or trigger crank. As used in this clause 
3 (i-5):
4    "Bump stock" means any device for a weapon that 
5 increases the rate of fire achievable with the 
6 weapon by using energy from the recoil of the 
7 weapon to generate a reciprocating action that 
8 facilitates repeated activation of the trigger of 
9 the weapon.
10    "Trigger crank" means any device to be 
11 attached to a weapon that repeatedly activates the 
12 trigger of the weapon through the use of a lever or 
13 other part that is turned in a circular motion;
14   (ii) any rifle having one or
more barrels less than 
15 16 inches in length or a shotgun having one or more

16 barrels less than 18 inches in length or any weapon 
17 made from a rifle or
shotgun, whether by alteration, 
18 modification, or otherwise, if such a weapon
as 
19 modified has an overall length of less than 26 inches; 
20 or

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

26  (8) Carries or possesses any firearm, stun gun or taser 
 
 
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1 or other
deadly weapon in any place which is licensed to 
2 sell intoxicating
beverages, or at any public gathering 
3 held pursuant to a license issued
by any governmental body 
4 or any public gathering at which an admission
is charged, 
5 excluding a place where a showing, demonstration or lecture

6 involving the exhibition of unloaded firearms is 
7 conducted.

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

11 engaged
in firearm safety training courses; or

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

16  (10) Carries or possesses on or about his person, upon 
17 any public street,
alley, or other public lands within the 
18 corporate limits of a city, village
or incorporated town, 
19 except when an invitee thereon or therein, for the
purpose 
20 of the display of such weapon or the lawful commerce in 
21 weapons, or
except when on his land or in his own abode, 
22 legal dwelling, or fixed place of business, or on the land 
23 or in the legal dwelling of another person as an invitee 
24 with that person's permission, any
pistol, revolver, stun 
25 gun or taser or other firearm, except that this
subsection 
26 (a) (10) does not apply to or affect transportation of 
 
 
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1 weapons that
meet one of the following conditions:

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

3   (ii) are not immediately accessible; or

4   (iii) are unloaded and enclosed in a case, firearm 
5 carrying box,
shipping box, or other container by a 
6 person who has been issued a currently
valid Firearm 
7 Owner's
Identification Card; or

8   (iv) are carried or possessed in accordance with 
9 the Firearm Concealed Carry Act by a person who has 
10 been issued a currently valid license under the Firearm 
11 Concealed Carry Act. 
12  A "stun gun or taser", as used in this paragraph (a) 
13 means (i) any device
which is powered by electrical 
14 charging units, such as, batteries, and
which fires one or 
15 several barbs attached to a length of wire and
which, upon 
16 hitting a human, can send out a current capable of 
17 disrupting
the person's nervous system in such a manner as 
18 to render him incapable of
normal functioning or (ii) any 
19 device which is powered by electrical
charging units, such 
20 as batteries, and which, upon contact with a human or

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

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

8  (12) (Blank); or

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

19subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a 
20Class A
misdemeanor.
A person convicted of a violation of 
21subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a 
22person
convicted of a violation of subsection 24-1(a)(6) or 
2324-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person 
24convicted of a violation of subsection
24-1(a)(7)(i) or 
2524-1(a)(7)(i-5) commits a Class 2 felony and shall be sentenced 
26to a term of imprisonment of not less than 3 years and not more 
 
 
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1than 7 years, unless the weapon or device is possessed in the

2passenger compartment of a motor vehicle as defined in Section 
31-146 of the
Illinois Vehicle Code, or on the person, while the 
4weapon is loaded or the device is attached to the loaded 
5weapon, in which
case it shall be a Class X felony. A person 
6convicted of a
second or subsequent violation of subsection 
724-1(a)(4), 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a 
8Class 3 felony. The possession of each weapon or device in 
9violation of this Section constitutes a single and separate 
10violation.

11 (c) Violations in specific places.

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

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

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

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

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.

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

6 commits a Class 3 felony.

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,

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

5 this State for the conduct of official business.

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

13 enclosed in a suitable case, box, or transportation 
14 package.

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.

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

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

25 where one may obtain public transportation.

26 (d) The presence in an automobile other than a public 
 
 
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1omnibus of any
weapon, instrument or substance referred to in 
2subsection (a)(7) is
prima facie evidence that it is in the 
3possession of, and is being
carried by, all persons occupying 
4such automobile at the time such
weapon, instrument or 
5substance is found, except under the following
circumstances: 
6(i) if such weapon, instrument or instrumentality is
found upon 
7the person of one of the occupants therein; or (ii) if such

8weapon, instrument or substance is found in an automobile 
9operated for
hire by a duly licensed driver in the due, lawful 
10and proper pursuit of
his trade, then such presumption shall 
11not apply to the driver.

12 (e) Exemptions.
13  (1) Crossbows, Common or Compound bows and Underwater

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 
 
 
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1 switchblade knives. 

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




3 Section 99. Effective date. This Act takes effect upon 
4becoming law.".