103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3010

Introduced , by Rep. Dan Ugaste

SYNOPSIS AS INTRODUCED:

`720 ILCS 5/24-1`	`from Ch. 38, par. 24-1`
`720 ILCS 5/24-1.6`
`720 ILCS 5/24-3.1`	`from Ch. 38, par. 24-3.1`

Amends the Criminal Code of 2012. Increases penalties by one class for unlawful use of weapons when a person knowingly: (1) carries or possesses

in any vehicle or concealed on or about his
or her person except when on

his or her land or in his or her own abode, legal dwelling, or fixed place

of
business, or on the land or in the legal dwelling of another person as

an invitee with that person's permission, any pistol, revolver, stun gun, taser, or other firearm; or (2) carries or possesses on or about his or her

person, upon any public street,
alley, or other public lands within the

corporate limits of a municipality except when an invitee in or on the

public street,
alley, or other public lands, for the
purpose of the display

of the weapon or the lawful commerce in weapons, or
except when on his or

her land or in his or her own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an

invitee with that person's permission, any
pistol, revolver, stun gun,

taser, or other firearm. Provides that a first offense of aggravated unlawful use of a weapon committed with a firearm by a person 18 years of age or older where certain factors exist is a Class 3 felony (rather than a Class 4 felony), for which the person shall be sentenced to a term of imprisonment of not less than 2 years and not more than 5 years. Increases the penalty by one class for unlawful possession of firearms. Makes other changes.

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A BILL FOR

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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

5 changing Sections 24-1, 24-1.6, and 24-3.1 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

9 weapons 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 hisor her person except when on his or her

14 land or in his or her own abode, legal dwelling, or fixed

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

16 of another person as an invitee with that person's

17 permission, any pistol, revolver, stun gun or taser or

18 other firearm, except that this subsection (a)(4) does not

19 apply to or affect transportation of weapons that meet one

20 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

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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 hisor

6 her land or in his or her own abode, legal dwelling, or

7 fixed place of business, or on the land or in the legal

8 dwelling of another person as an invitee with that

9 person's permission, any pistol, revolver, stun gun, or

10 taser or other firearm, except that this subsection

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

12 weapons that meet 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

18 subsection 24-1(a)(1), subsection 24-1(a)(2), subsection

19 24-1(a)(3), subsection 24-1(a)(5),~~through (5), subsection~~

20 ~~24-1(a)(10),~~subsection 24-1(a)(11), subsection 24-1(a)(13),

21 or 24-1(a)(15) commits a Class A misdemeanor. A person

22 convicted of a violation of subsection24-1(a)(4),

23 24-1(a)(10),24-1(a)(8) or 24-1(a)(9) commits a Class 4

24 felony; a person convicted of a violation of subsection

25 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or 24-1(a)(16)

26 commits a Class 3 felony. A person convicted of a violation of

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1 subsection 24-1(a)(7)(i) commits a Class 2 felony and shall be

2 sentenced to a term of imprisonment of not less than 3 years

3 and not more than 7 years, unless the weapon is possessed in

4 the passenger compartment of a motor vehicle as defined in

5 Section 1-146 of the Illinois Vehicle Code, or on the person,

6 while the weapon is loaded, in which case it shall be a Class X

7 felony. A person convicted of a second or subsequent violation

8 of subsection 24-1(a)(4), 24-1(a)(8), 24-1(a)(9), 24-1(a)(10),

9 or 24-1(a)(15) commits a Class 3 felony. A person convicted of

10 a violation of subsection 24-1(a)(2.5) or 24-1(a)(14) commits

11 a Class 2 felony. The possession of each weapon or device in

12 violation of this Section constitutes a single and separate

13 violation.

14 (c) Violations in specific places.

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

16 24-1(a)(7) in any school, regardless of the time of day or

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

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

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

20 development, in a public park, in a courthouse, on the

21 real property comprising any school, regardless of the

22 time of day or the time of year, on residential property

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

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

25 site or mixed-income development, on the real property

26 comprising any public park, on the real property

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1 comprising any courthouse, in any conveyance owned, leased

2 or contracted by a school to transport students to or from

3 school or a school related activity, in any conveyance

4 owned, leased, or contracted by a public transportation

5 agency, or on any public way within 1,000 feet of the real

6 property comprising any school, public park, courthouse,

7 public transportation facility, or residential property

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

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

10 site or mixed-income development commits a Class 2 felony

11 and shall be sentenced to a term of imprisonment of not

12 less than 3 years and not more than 7 years.

13 (1.5) A person who violates subsection 24-1(a)(4),

14 24-1(a)(9), or 24-1(a)(10) in any school, regardless of

15 the time of day or the time of year, in residential

16 property owned, operated, or managed by a public housing

17 agency or leased by a public housing agency as part of a

18 scattered site or mixed-income development, in a public

19 park, in a courthouse, on the real property comprising any

20 school, regardless of the time of day or the time of year,

21 on residential property owned, operated, or managed by a

22 public housing agency or leased by a public housing agency

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

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

25 real property comprising any courthouse, in any conveyance

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

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1 students to or from school or a school related activity,

2 in any conveyance owned, leased, or contracted by a public

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

4 feet of the real property comprising any school, public

5 park, courthouse, public transportation facility, or

6 residential property owned, operated, or managed by a

7 public housing agency or leased by a public housing agency

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

9 commits a Class 3 felony.

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

11 24-1(a)(2), or 24-1(a)(3) 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,

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 4 felony. "Courthouse" means any building

7 that is used by the Circuit, Appellate, or Supreme Court

8 of this State for the conduct of official business.

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

10 (c) shall not apply to law enforcement officers or

11 security officers of such school, college, or university

12 or to students carrying or possessing firearms for use in

13 training courses, parades, hunting, target shooting on

14 school ranges, or otherwise with the consent of school

15 authorities and which firearms are transported unloaded

16 enclosed in a suitable case, box, or transportation

17 package.

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

19 means any public or private elementary or secondary

20 school, community college, college, or university.

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

22 transportation agency" means a public or private agency

23 that provides for the transportation or conveyance of

24 persons by means available to the general public, except

25 for transportation by automobiles not used for conveyance

26 of the general public as passengers; and "public

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1 transportation facility" means a terminal or other place

2 where one may obtain public transportation.

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

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

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

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

7 such automobile at the time such weapon, instrument or

8 substance is found, except under the following circumstances:

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

10 upon the person of one of the occupants therein; or (ii) if

11 such weapon, instrument or substance is found in an automobile

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

13 and proper pursuit of his or her trade, then such presumption

14 shall not apply to the driver.

15 (e) Exemptions.

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

17 Spearguns are exempted from the definition of ballistic

18 knife as defined in paragraph (1) of subsection (a) of

19 this Section.

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

21 of this Section prohibiting the sale, manufacture,

22 purchase, possession, or carrying of any knife, commonly

23 referred to as a switchblade knife, which has a blade that

24 opens automatically by hand pressure applied to a button,

25 spring or other device in the handle of the knife, does not

26 apply to a person who possesses a currently valid Firearm

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1 Owner's Identification Card previously issued in his or

2 her name by the Illinois State Police or to a person or an

3 entity engaged in the business of selling or manufacturing

4 switchblade knives.

5 (Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21;

6 102-1116, eff. 1-10-23.)

7 (720 ILCS 5/24-1.6)

8 Sec. 24-1.6. Aggravated unlawful use of a weapon.

9 (a) A person commits the offense of aggravated unlawful

10 use of a weapon when he or she knowingly:

11 (1) Carries on or about his or her person or in any

12 vehicle or concealed on or about his or her person except

13 when on his or her land or in his or her abode, legal

14 dwelling, or fixed place of business, or on the land or in

15 the legal dwelling of another person as an invitee with

16 that person's permission, any pistol, revolver, stun gun

17 or taser or other firearm; or

18 (2) Carries or possesses on or about his or her

19 person, upon any public street, alley, or other public

20 lands within the corporate limits of a city, village or

21 incorporated town, except when an invitee thereon or

22 therein, for the purpose of the display of such weapon or

23 the lawful commerce in weapons, or except when on his or

24 her own land or in his or her own abode, legal dwelling, or

25 fixed place of business, or on the land or in the legal

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1 dwelling of another person as an invitee with that

2 person's permission, any pistol, revolver, stun gun or

3 taser or other firearm; and

4 (3) One of the following factors is present:

5 (A) the firearm, other than a pistol, revolver, or

6 handgun, possessed was uncased, loaded, and

7 immediately accessible at the time of the offense; or

8 (A-5) the pistol, revolver, or handgun possessed

9 was uncased, loaded, and immediately accessible at the

10 time of the offense and the person possessing the

11 pistol, revolver, or handgun has not been issued a

12 currently valid license under the Firearm Concealed

13 Carry Act; or

14 (B) the firearm, other than a pistol, revolver, or

15 handgun, possessed was uncased, unloaded, and the

16 ammunition for the weapon was immediately accessible

17 at the time of the offense; or

18 (B-5) the pistol, revolver, or handgun possessed

19 was uncased, unloaded, and the ammunition for the

20 weapon was immediately accessible at the time of the

21 offense and the person possessing the pistol,

22 revolver, or handgun has not been issued a currently

23 valid license under the Firearm Concealed Carry Act;

24 or

25 (C) the person possessing the firearm has not been

26 issued a currently valid Firearm Owner's

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1 Identification Card; or

2 (D) the person possessing the weapon was

3 previously adjudicated a delinquent minor under the

4 Juvenile Court Act of 1987 for an act that if committed

5 by an adult would be a felony; or

6 (E) the person possessing the weapon was engaged

7 in a misdemeanor violation of the Cannabis Control

8 Act, in a misdemeanor violation of the Illinois

9 Controlled Substances Act, or in a misdemeanor

10 violation of the Methamphetamine Control and Community

11 Protection Act; or

12 (F) (blank); or

13 (G) the person possessing the weapon had an order

14 of protection issued against him or her within the

15 previous 2 years; or

16 (H) the person possessing the weapon was engaged

17 in the commission or attempted commission of a

18 misdemeanor involving the use or threat of violence

19 against the person or property of another; or

20 (I) the person possessing the weapon was under 21

21 years of age and in possession of a handgun, unless the

22 person under 21 is engaged in lawful activities under

23 the Wildlife Code or described in subsection

24 24-2(b)(1), (b)(3), or 24-2(f).

25 (a-5) "Handgun" as used in this Section has the meaning

26 given to it in Section 5 of the Firearm Concealed Carry Act.

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1 (b) "Stun gun or taser" as used in this Section has the

2 same definition given to it in Section 24-1 of this Code.

3 (c) This Section does not apply to or affect the

4 transportation or possession of weapons that:

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

6 (ii) are not immediately accessible; or

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

8 carrying box, shipping box, or other container by a person

9 who has been issued a currently valid Firearm Owner's

10 Identification Card.

11 (d) Sentence.

12 (1) Aggravated unlawful use of a weapon is a Class 3 ~~4~~

13 felony; a second or subsequent offense is a Class 2 felony

14 for which the person shall be sentenced to a term of

15 imprisonment of not less than 3 years and not more than 7

16 years, except as provided for in Section 5-4.5-110 of the

17 Unified Code of Corrections.

18 (2) Except as otherwise provided in paragraphs (3) and

19 (4) of this subsection (d), a first offense of aggravated

20 unlawful use of a weapon committed with a firearm by a

21 person 18 years of age or older where the factors listed in

22 both items (A) and (C) or both items (A-5) and (C) of

23 paragraph (3) of subsection (a) are present is a Class 3 ~~4~~

24 felony, for which the person shall be sentenced to a term

25 of imprisonment of not less than 2 ~~one~~ year and not more

26 than 5 ~~3~~ years.

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1 (3) Aggravated unlawful use of a weapon by a person

2 who has been previously convicted of a felony in this

3 State or another jurisdiction is a Class 2 felony for

4 which the person shall be sentenced to a term of

5 imprisonment of not less than 3 years and not more than 7

6 years, except as provided for in Section 5-4.5-110 of the

7 Unified Code of Corrections.

8 (4) Aggravated unlawful use of a weapon while wearing

9 or in possession of body armor as defined in Section 33F-1

10 by a person who has not been issued a valid Firearms

11 Owner's Identification Card in accordance with Section 5

12 of the Firearm Owners Identification Card Act is a Class X

13 felony.

14 (e) The possession of each firearm in violation of this

15 Section constitutes a single and separate violation.

16 (Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)

17 (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)

18 Sec. 24-3.1. Unlawful possession of firearms and firearm

19 ammunition.

20 (a) A person commits the offense of unlawful possession of

21 firearms or firearm ammunition when:

22 (1) He or she is under 18 years of age and has in his

23 or herpossession any firearm of a size which may be

24 concealed upon the person; or

25 (2) He or she is under 21 years of age, has been

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1 convicted of a misdemeanor other than a traffic offense or

2 adjudged delinquent and has any firearms or firearm

3 ammunition in his or her possession; or

4 (3) He or sheis a narcotic addict and has any firearms

5 or firearm ammunition in hisor her possession; or

6 (4) He or she has been a patient in a mental

7 institution within the past 5 years and has any firearms

8 or firearm ammunition in his or her possession. For

9 purposes of this paragraph (4):

10 "Mental institution" means any hospital,

11 institution, clinic, evaluation facility, mental

12 health center, or part thereof, which is used

13 primarily for the care or treatment of persons with

14 mental illness.

15 "Patient in a mental institution" means the person

16 was admitted, either voluntarily or involuntarily, to

17 a mental institution for mental health treatment,

18 unless the treatment was voluntary and solely for an

19 alcohol abuse disorder and no other secondary

20 substance abuse disorder or mental illness; or

21 (5) He or she is a person with an intellectual

22 disability and has any firearms or firearm ammunition in

23 his or her possession; or

24 (6) He or she has in his or her possession any

25 explosive bullet.

26 For purposes of this paragraph "explosive bullet" means

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1 the projectile portion of an ammunition cartridge which

2 contains or carries an explosive charge which will explode

3 upon contact with the flesh of a human or an animal.

4 "Cartridge" means a tubular metal case having a projectile

5 affixed at the front thereof and a cap or primer at the rear

6 end thereof, with the propellant contained in such tube

7 between the projectile and the cap.

8 (b) Sentence.

9 Unlawful possession of ~~firearms, other than handguns, and~~

10 firearm ammunition is a Class A misdemeanor. Unlawful

11 possession of firearms ~~handguns~~is a Class 4 felony. The

12 possession of each firearm or firearm ammunition in violation

13 of this Section constitutes a single and separate violation.

14 (c) Nothing in paragraph (1) of subsection (a) of this

15 Section prohibits a person under 18 years of age from

16 participating in any lawful recreational activity with a

17 firearm such as, but not limited to, practice shooting at

18 targets upon established public or private target ranges or

19 hunting, trapping, or fishing in accordance with the Wildlife

20 Code or the Fish and Aquatic Life Code.

21 (Source: P.A. 99-143, eff. 7-27-15.)