102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3779
 
Introduced , by Rep. Maura Hirschauer
 
SYNOPSIS AS INTRODUCED:



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

 Amends the Criminal Code of 2012. Provides that it is a Class 3 felony for a person to knowingly sell, manufacture, purchase, possess, or carry any firearm manufactured on or after January 1, 2022 that is not microstamp-ready, or any firearm manufactured on or after that date if the person knows that a microstamping mechanism has been unlawfully removed from that firearm. Provides that any person who knowingly or intentionally changes, alters,
removes or obliterates the importer's or manufacturer's microstamping mechanism is guilty of a Class 2 felony.



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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 


HB3779LRB102 17042 KMF 22469 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 
5changing Sections 24-1 and 24-5 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 
9weapons 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 
14 knife, commonly referred to as a switchblade knife, which 
15 has a
blade that opens automatically by hand pressure 
16 applied to a button,
spring or other device in the handle 
17 of the knife, or a ballistic knife,
which is a device that 
18 propels a knifelike blade as a projectile by means
of a 
19 coil 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  (2.5) Carries or possesses with intent to use the same 
3 unlawfully against another, any firearm in a church, 
4 synagogue, mosque, or other building, structure, or place 
5 used for religious worship; or 
6  (3) Carries on or about his person or in any vehicle, a 
7 tear gas gun
projector or bomb or any object containing 
8 noxious liquid gas or
substance, other than an object 
9 containing a non-lethal noxious liquid gas
or substance 
10 designed solely for personal defense carried by a person 
11 18
years of age or older; or

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

18 this subsection (a) (4) does not apply to or affect 
19 transportation of weapons
that meet one of the following 
20 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
 
 
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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 
4 Firearm Concealed Carry Act; 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 
24 than 16 inches in length or a shotgun having one or 
25 more
barrels less than 18 inches in length or any 
26 weapon made from a rifle or
shotgun, whether by 
 
 
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1 alteration, modification, or otherwise, if such a 
2 weapon
as modified has an overall length of less than 
3 26 inches; 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   (iv) any firearm manufactured on or after January 
10 1, 2022 that is not microstamp-ready, or any firearm 
11 manufactured on or after that date if the person knows 
12 that a microstamping mechanism has been unlawfully 
13 removed from that firearm. "Microstamp-ready", as used 
14 in this paragraph, means that the firearm is 
15 manufactured to produce a unique alphanumeric or 
16 geometric code on at least 2 locations on each 
17 expended cartridge case that identifies the make, 
18 model, and serial number of the firearm. 
19 "Microstamping mechanism", as used in this paragraph, 
20 means a mechanism of the firearm designed and intended 
21 to produce a unique alphanumeric or geometric code on 
22 an expended cartridge that identifies the make, model, 
23 and serial number of the firearm; or 
24  (8) Carries or possesses any firearm, stun gun or 
25 taser or other
deadly weapon in any place which is 
26 licensed to sell intoxicating
beverages, or at any public 
 
 
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1 gathering held pursuant to a license issued
by any 
2 governmental body or any public gathering at which an 
3 admission
is charged, excluding a place where a showing, 
4 demonstration or lecture
involving the exhibition of 
5 unloaded firearms is conducted.

6  This subsection (a)(8) does not apply to any auction 
7 or raffle of a firearm
held pursuant to
a license or permit 
8 issued by a governmental body, nor does it apply to 
9 persons
engaged
in firearm safety training courses; or

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

15  (10) Carries or possesses on or about his or her 
16 person, upon any public street,
alley, or other public 
17 lands within the corporate limits of a city, village,
or 
18 incorporated town, except when an invitee thereon or 
19 therein, for the
purpose of the display of such weapon or 
20 the lawful commerce in weapons, or
except when on his land 
21 or in his or her own abode, legal dwelling, or fixed place 
22 of business, or on the land or in the legal dwelling of 
23 another person as an invitee with that person's 
24 permission, any
pistol, revolver, stun gun, or taser or 
25 other firearm, except that this
subsection (a) (10) does 
26 not apply to or affect transportation of weapons that
meet 
 
 
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1 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 
11 Firearm 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 
4 having a projectile affixed at the
front thereof and a cap 
5 or 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 
10 person while in a building occupied by a unit of 
11 government, a billy club, other weapon of like character, 
12 or other instrument of like character intended for use as 
13 a weapon. For the purposes of this Section, "billy club" 
14 means a short stick or club commonly carried by police 
15 officers which is either telescopic or constructed of a 
16 solid piece 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; 
22a person
convicted of a violation of subsection 24-1(a)(6) or 
2324-1(a)(7)(ii), or (iii), or (iv)
commits a Class 3 felony. A 
24person convicted of a violation of subsection
24-1(a)(7)(i) 
25commits a Class 2 felony and shall be sentenced to a term of 
26imprisonment of not less than 3 years and not more than 7 
 
 
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1years, unless the weapon is possessed in the
passenger 
2compartment of a motor vehicle as defined in Section 1-146 of 
3the
Illinois Vehicle Code, or on the person, while the weapon 
4is loaded, in which
case it shall be a Class X felony. A person 
5convicted of a
second or subsequent violation of subsection 
624-1(a)(4), 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a 
7Class 3 felony. A person convicted of a violation of 
8subsection 24-1(a)(2.5) commits a Class 2 felony. The 
9possession of each weapon in violation of this Section 
10constitutes a single and separate violation.

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 
18 real property comprising any school,
regardless of the

19 time of day or the time of year, on residential property 
20 owned, operated
or
managed by a public housing agency
or 
21 leased by a public housing agency as part of a scattered 
22 site or
mixed-income development,
on the real property 
23 comprising any
public park, on the real property 
24 comprising any courthouse, in any conveyance
owned, leased 
25 or contracted by a school to
transport students to or from 
26 school or a school related activity, in any conveyance

 
 
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1 owned, leased, or contracted by a public transportation 
2 agency, or on any
public way within 1,000 feet of the real 
3 property comprising any school,
public park, courthouse, 
4 public transportation facility, or residential property 
5 owned, operated, or managed
by a public housing agency
or 
6 leased by a public housing agency as part of a scattered 
7 site or
mixed-income development
commits a Class 2 felony 
8 and shall be sentenced to a term of imprisonment of not 
9 less than 3 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 
12 the time of day or the time of year,
in residential 
13 property owned, operated, or managed by a public
housing

14 agency
or leased by a public housing agency as part of a 
15 scattered site or
mixed-income development,
in
a public

16 park, in a courthouse, on the real property comprising any 
17 school, regardless
of the time of day or the time of year, 
18 on 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,

21 on the real property
comprising any public park, on the 
22 real 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, 
25 in 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 
16 public housing agency
or leased by a public housing agency 
17 as part of a scattered site or
mixed-income development,

18 on the real property
comprising any public park, on the 
19 real 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, 
22 in 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 
5 of
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 
8 security officers of such school, college, or
university 
9 or to 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 
17 school, 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 
7upon the person of one of the occupants therein; or (ii) if 
8such
weapon, 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 or her trade, then such presumption 
11shall not 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 
16 this Section.
17  (2) The provision of paragraph (1) of subsection (a) 
18 of this Section prohibiting the sale, manufacture, 
19 purchase, possession, or carrying of any knife, commonly 
20 referred to as a switchblade knife, which has a
blade that 
21 opens automatically by hand pressure applied to a button,

22 spring or other device in the handle of the knife, does not 
23 apply to a person who possesses a currently valid Firearm 
24 Owner's Identification Card previously issued in his or 
25 her name by the Department of State Police or to a person 
26 or an entity engaged in the business of selling or 
 
 
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1 manufacturing switchblade knives. 

2(Source: P.A. 100-82, eff. 8-11-17; 101-223, eff. 1-1-20.)





3 (720 ILCS 5/24-5) (from Ch. 38, par. 24-5)


4 Sec. 24-5. Defacing
identification marks or microstamping 
5mechanism of firearms.
6 (a) Any person who shall knowingly or intentionally 
7change, alter,
remove or obliterate the name of
the importer's 
8or manufacturer's serial number or the microstamping mechanism 
9of
any firearm commits a Class 2 felony.

10 (b) A person who possesses any firearm upon which any such 
11importer's or manufacturer's serial number has been
changed, 
12altered, removed or obliterated commits a Class 3 felony.

13 (c) Nothing in this Section shall prevent a person from 
14making repairs, replacement of parts, or other changes to a 
15firearm if those repairs, replacement of parts, or changes 
16cause the removal of the name of the maker, model, or other 
17marks of identification other than the serial number on the 
18firearm's frame or receiver or the code of the microstamping 
19mechanism.
20 (d) A prosecution for a violation of this Section may be 
21commenced within 6 years after the commission of the offense.

22 (e) As used in this Section, "microstamping mechanism" has 
23the meaning given to that term in Section 24-1 of this Code. 
24(Source: P.A. 93-906, eff. 8-11-04.)