103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2866
 
Introduced , by Rep. Frances Ann Hurley
 
SYNOPSIS AS INTRODUCED:

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

 Amends the Criminal Code of 2012. Makes a technical change in a Section concerning the unlawful use
of weapons.



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A BILL FOR
 


HB2866LRB103 30028 RLC 56449 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 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 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  (8) Carries or possesses any firearm, stun gun or 
10 taser or other
deadly weapon in any place which is 
11 licensed to sell intoxicating
beverages, or at any public 
12 gathering held pursuant to a license issued
by any 
13 governmental body or any public gathering at which an 
14 admission
is charged, excluding a place where a showing, 
15 demonstration or lecture
involving the exhibition of 
16 unloaded firearms is conducted.

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

21  (9) Carries or possesses in a vehicle or on or about 
22 his or her person any
pistol, revolver, stun gun or taser 
23 or firearm or ballistic knife, when
he or she is hooded, 
24 robed or masked in such manner as to conceal his or her 
25 identity; or

26  (10) Carries or possesses on or about his or her 
 
 
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1 person, upon any public street,
alley, or other public 
2 lands within the corporate limits of a city, village,
or 
3 incorporated town, except when an invitee thereon or 
4 therein, for the
purpose of the display of such weapon or 
5 the lawful commerce in weapons, or
except when on his land 
6 or in his or her own abode, legal dwelling, or fixed place 
7 of business, or on the land or in the legal dwelling of 
8 another person as an invitee with that person's 
9 permission, any
pistol, revolver, stun gun, or taser or 
10 other firearm, except that this
subsection (a)(10) does 
11 not apply to or affect transportation of weapons that
meet 
12 one of the following conditions:

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

14   (ii) are not immediately accessible; or

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

19   (iv) are carried or possessed in accordance with 
20 the Firearm Concealed Carry Act by a person who has 
21 been issued a currently valid license under the 
22 Firearm Concealed Carry Act. 
23  A "stun gun or taser", as used in this paragraph (a) 
24 means (i) any device
which is powered by electrical 
25 charging units, such as, batteries, and
which fires one or 
26 several barbs attached to a length of wire and
which, upon 
 
 
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1 hitting a human, can send out a current capable of 
2 disrupting
the person's nervous system in such a manner as 
3 to render him incapable of
normal functioning or (ii) any 
4 device which is powered by electrical
charging units, such 
5 as batteries, and which, upon contact with a human or

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

9  (11) Sells, manufactures, delivers, imports, 
10 possesses, or purchases any assault weapon attachment or 
11 .50 caliber cartridge in violation of Section 24-1.9 or 
12 any explosive bullet. For purposes
of this paragraph (a) 
13 "explosive bullet" means the projectile portion of
an 
14 ammunition cartridge which contains or carries an 
15 explosive charge which
will explode upon contact with the 
16 flesh of a human or an animal.
"Cartridge" means a tubular 
17 metal case having a projectile affixed at the
front 
18 thereof and a cap or primer at the rear end thereof, with 
19 the
propellant contained in such tube between the 
20 projectile and the cap; or

21  (12) (Blank); or

22  (13) Carries or possesses on or about his or her 
23 person while in a building occupied by a unit of 
24 government, a billy club, other weapon of like character, 
25 or other instrument of like character intended for use as 
26 a weapon. For the purposes of this Section, "billy club" 
 
 
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1 means a short stick or club commonly carried by police 
2 officers which is either telescopic or constructed of a 
3 solid piece of wood or other man-made material; or
4  (14) Manufactures, possesses, sells, or offers to 
5 sell, purchase, manufacture, import, transfer, or use any 
6 device, part, kit, tool, accessory, or combination of 
7 parts that is designed to and functions to increase the 
8 rate of fire of a semiautomatic firearm above the standard 
9 rate of fire for semiautomatic firearms that is not 
10 equipped with that device, part, or combination of parts; 
11 or
12  (15) Carries or possesses any assault weapon or .50 
13 caliber rifle in violation of Section 24-1.9; or
14  (16) Manufactures, sells, delivers, imports, or 
15 purchases any assault weapon or .50 caliber rifle in 
16 violation of Section 24-1.9. 
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), subsection 24-1(a)(13), or 24-1(a)(15) 
20commits a Class A
misdemeanor.
A person convicted of a 
21violation of subsection
24-1(a)(8) or 24-1(a)(9) commits a

22Class 4 felony; a person
convicted of a violation of 
23subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or 
2424-1(a)(16)
commits a Class 3 felony. A person convicted of a 
25violation of subsection
24-1(a)(7)(i) commits a Class 2 felony 
26and shall be sentenced to a term of imprisonment of not less 
 
 
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1than 3 years and not more than 7 years, unless the weapon is 
2possessed in the
passenger compartment of a motor vehicle as 
3defined in Section 1-146 of the
Illinois Vehicle Code, or on 
4the person, while the weapon is loaded, in which
case it shall 
5be a Class X felony. A person convicted of a
second or 
6subsequent violation of subsection 24-1(a)(4), 24-1(a)(8),

724-1(a)(9),
24-1(a)(10), or 24-1(a)(15) commits a Class 3 
8felony. A person convicted of a violation of subsection 
924-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The 
10possession of each weapon or device in violation of this 
11Section constitutes a single and separate violation.

12 (c) Violations in specific places.

13  (1) A person who violates subsection 24-1(a)(6) or 
14 24-1(a)(7) in any
school, regardless of the time of day or 
15 the time of year, in residential
property owned, operated 
16 or managed by a public housing agency or
leased by
a public 
17 housing agency as part of a scattered site or mixed-income

18 development, in a
public park, in a courthouse, on the 
19 real property comprising any school,
regardless of the

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

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

11  (1.5) A person who violates subsection 24-1(a)(4), 
12 24-1(a)(9), or
24-1(a)(10) in any school, regardless of 
13 the time of day or the time of year,
in residential 
14 property owned, operated, or managed by a public
housing

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

17 park, in a courthouse, on the real property comprising any 
18 school, regardless
of the time of day or the time of year, 
19 on residential property owned,
operated, or managed by a 
20 public housing agency
or leased by a public housing agency 
21 as part of a scattered site or
mixed-income development,

22 on the real property
comprising any public park, on the 
23 real property comprising any courthouse, in
any conveyance 
24 owned, leased, or contracted by a school to transport 
25 students
to or from school or a school related activity, 
26 in any conveyance
owned, leased, or contracted by a public 
 
 
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1 transportation agency, or on any public way within
1,000 
2 feet of the real property comprising any school, public 
3 park, courthouse,
public transportation facility, or 
4 residential property owned, operated, or managed by a 
5 public
housing agency
or leased by a public housing agency 
6 as part of a scattered site or
mixed-income development

7 commits a Class 3 felony.

8  (2) A person who violates subsection 24-1(a)(1), 
9 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the 
10 time of day or the time of year, in
residential property 
11 owned, operated or managed by a public housing
agency
or 
12 leased by a public housing agency as part of a scattered 
13 site or
mixed-income development,
in
a public park, in a 
14 courthouse, on the real property comprising any school,

15 regardless of the time of day or the time of year, on 
16 residential property
owned, operated or managed by a 
17 public housing agency
or leased by a public housing agency 
18 as part of a scattered site or
mixed-income development,

19 on the real property
comprising any public park, on the 
20 real property comprising any courthouse, in
any conveyance 
21 owned, leased or contracted by a school to transport 
22 students
to or from school or a school related activity, 
23 in any conveyance
owned, leased, or contracted by a public 
24 transportation agency, or on any public way within
1,000 
25 feet of the real property comprising any school, public 
26 park, courthouse,
public transportation facility, or 
 
 
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1 residential property owned, operated, or managed by a 
2 public
housing agency or leased by a public housing agency 
3 as part of a scattered
site or mixed-income development 
4 commits a Class 4 felony. "Courthouse"
means any building 
5 that is used by the Circuit, Appellate, or Supreme Court 
6 of
this State for the conduct of official business.

7  (3) Paragraphs (1), (1.5), and (2) of this subsection 
8 (c) shall not
apply to law
enforcement officers or 
9 security officers of such school, college, or
university 
10 or to students carrying or possessing firearms for use in 
11 training
courses, parades, hunting, target shooting on 
12 school ranges, or otherwise with
the consent of school 
13 authorities and which firearms are transported unloaded

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

16  (4) For the purposes of this subsection (c), "school" 
17 means any public or
private elementary or secondary 
18 school, community college, college, or
university.

19  (5) For the purposes of this subsection (c), "public 
20 transportation agency" means a public or private agency 
21 that provides for the transportation or conveyance of

22 persons by means available to the general public, except 
23 for transportation
by automobiles not used for conveyance 
24 of the general public as passengers; and "public 
25 transportation facility" means a terminal or other place

26 where one may obtain public transportation.

 
 
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1 (d) The presence in an automobile other than a public 
2omnibus of any
weapon, instrument or substance referred to in 
3subsection (a)(7) is
prima facie evidence that it is in the 
4possession of, and is being
carried by, all persons occupying 
5such automobile at the time such
weapon, instrument or 
6substance is found, except under the following
circumstances: 
7(i) if such weapon, instrument or instrumentality is
found 
8upon the person of one of the occupants therein; or (ii) if 
9such
weapon, instrument or substance is found in an automobile 
10operated for
hire by a duly licensed driver in the due, lawful 
11and proper pursuit of
his or her trade, then such presumption 
12shall not apply to the driver.

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

15 Spearguns are exempted from the definition of ballistic 
16 knife as defined in
paragraph (1) of subsection (a) of 
17 this Section.
18  (2) The provision of paragraph (1) of subsection (a) 
19 of this Section prohibiting the sale, manufacture, 
20 purchase, possession, or carrying of any knife, commonly 
21 referred to as a switchblade knife, which has a
blade that 
22 opens automatically by hand pressure applied to a button,

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

3(Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21; 
4102-1116, eff. 1-10-23.)