100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5939
 
Introduced , by Rep. Michelle Mussman
 
SYNOPSIS AS INTRODUCED:






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

 Amends the Criminal Code of 2012. Provides that a person commits the offense of unlawful use of weapons when
he knowingly sells, manufactures, purchases, possesses, or carries a firearm with: (1) a major component of which, if subjected to inspection by common metal detection devices, would not be detectable; or (2) a major component of which, if subjected to inspection by common imaging detection devices, would not generate an image that accurately depicts the shape of the component. Provides that this offense is a Class 2 felony. Creates exemptions. Effective immediately.



LRB100 22712 SLF 41692 b


CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 


HB5939LRB100 22712 SLF 41692 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 changing 
5Section 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 
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

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  (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

7 years of age or older; or

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

14 this subsection (a) (4) does not apply to or affect 
15 transportation of weapons
that meet one of the following 
16 conditions:

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

18   (ii) are not immediately accessible; or

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

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

5  (7) Sells, manufactures, purchases, possesses or 
6 carries:

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

18 possession or under the control of a person;

19   (ii) any rifle having one or
more barrels less than 
20 16 inches in length or a shotgun having one or more

21 barrels less than 18 inches in length or any weapon 
22 made from a rifle or
shotgun, whether by alteration, 
23 modification, or otherwise, if such a weapon
as 
24 modified has an overall length of less than 26 inches; 
25 or

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

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

11 involving the exhibition of unloaded firearms is 
12 conducted.

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

16 engaged
in firearm safety training courses; or

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

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

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

8   (ii) are not immediately accessible; or

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

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

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

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

13  (11.5) Sells, manufactures, purchases, possesses, or 
14 carries a firearm with: 
15   (i) a major component of which, if subjected to 
16 inspection by common metal detection devices, would 
17 not be detectable; or 
18   (ii) a major component of which, if subjected to 
19 inspection by common imaging detection devices, would 
20 not generate an image that accurately depicts the shape 
21 of the component. 
22  This paragraph (11.5) does not not apply to:
23   (1) a firearm received by, in the possession of, or 
24 under the control of the United States federal 
25 government;
26   (2) the manufacture, importation, possession, 
 
 
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1 transfer, receipt, shipment, or delivery of a firearm 
2 by a licensed manufacturer or licensed importer under 
3 an existing contract with the United States federal 
4 government;
5   (3) the manufacture, possession, transfer, 
6 receipt, shipment, or delivery of a firearm by a 
7 licensed manufacturer or any person acting under a 
8 contract with a licensed manufacturer, for the purpose 
9 of examining and testing a firearm to determine whether 
10 a firearm is detectable by common metal detection 
11 devices or common image detection devices; or
12   (4) a firearm manufactured in, imported into, or 
13 possessed in the United States before the date of the 
14 enactment of the Undetectable Firearms Act of 1988.
15  In this paragraph (11.5), "major component" includes, 
16 but is not limited to, the slide, cylinder, barrel, frame, 
17 or receiver of the firearm, and does not include any item 
18 attached to the major component that is capable of being 
19 removed or that is unnecessary for the functioning of the 
20 firearm; or 
21  (12) (Blank); or

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

6subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a 
7Class A
misdemeanor.
A person convicted of a violation of 
8subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a 
9person
convicted of a violation of subsection 24-1(a)(6) or 
1024-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person 
11convicted of a violation of subsection 24-1(a)(11.5) commits a 
12Class 2 felony. A person convicted of a violation of subsection

1324-1(a)(7)(i) commits a Class 2 felony and shall be sentenced 
14to a term of imprisonment of not less than 3 years and not more 
15than 7 years, unless the weapon is possessed in the
passenger 
16compartment of a motor vehicle as defined in Section 1-146 of 
17the
Illinois Vehicle Code, or on the person, while the weapon 
18is loaded, in which
case it shall be a Class X felony. A person 
19convicted of a
second or subsequent violation of subsection 
2024-1(a)(4), 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a 
21Class 3 felony. The possession of each weapon in violation of 
22this Section constitutes a single and separate violation.

23 (c) Violations in specific places.

24  (1) A person who violates subsection 24-1(a)(6) or 
25 24-1(a)(7) in any
school, regardless of the time of day or 
26 the time of year, in residential
property owned, operated 
 
 
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1 or managed by a public housing agency or
leased by
a public 
2 housing agency as part of a scattered site or mixed-income

3 development, in a
public park, in a courthouse, on the real 
4 property comprising any school,
regardless of the
time of 
5 day or the time of year, on residential property owned, 
6 operated
or
managed by a public housing agency
or leased by 
7 a public housing agency as part of a scattered site or

8 mixed-income development,
on the real property comprising 
9 any
public park, on the real property comprising any 
10 courthouse, in any conveyance
owned, leased or contracted 
11 by a school to
transport students to or from school or a 
12 school related activity, in any conveyance
owned, leased, 
13 or contracted by a public transportation agency, or on any

14 public way within 1,000 feet of the real property 
15 comprising any school,
public park, courthouse, public 
16 transportation facility, or residential property owned, 
17 operated, or managed
by a public housing agency
or leased 
18 by a public housing agency as part of a scattered site or

19 mixed-income development
commits a Class 2 felony and shall 
20 be sentenced to a term of imprisonment of not less than 3 
21 years and not more than 7 years.

22  (1.5) A person who violates subsection 24-1(a)(4), 
23 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the 
24 time of day or the time of year,
in residential property 
25 owned, operated, or managed by a public
housing
agency
or 
26 leased by a public housing agency as part of a scattered 
 
 
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1 site or
mixed-income development,
in
a public
park, in a 
2 courthouse, on the real property comprising any school, 
3 regardless
of the time of day or the time of year, on 
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,
on 
7 the real property
comprising any public park, on the real 
8 property comprising any courthouse, in
any conveyance 
9 owned, leased, or contracted by a school to transport 
10 students
to or from school or a school related activity, in 
11 any conveyance
owned, leased, or contracted by a public 
12 transportation agency, or on any public way within
1,000 
13 feet of the real property comprising any school, public 
14 park, courthouse,
public transportation facility, or 
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 commits a Class 3 felony.

19  (2) A person who violates subsection 24-1(a)(1), 
20 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the 
21 time of day or the time of year, in
residential property 
22 owned, operated or managed by a public housing
agency
or 
23 leased by a public housing agency as part of a scattered 
24 site or
mixed-income development,
in
a public park, in a 
25 courthouse, on the real property comprising any school,

26 regardless of the time of day or the time of year, on 
 
 
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1 residential property
owned, operated or managed by a public 
2 housing agency
or leased by a public housing agency as part 
3 of a scattered site or
mixed-income development,
on the 
4 real property
comprising any public park, on the real 
5 property comprising any courthouse, in
any conveyance 
6 owned, leased or contracted by a school to transport 
7 students
to or from school or a school related activity, in 
8 any conveyance
owned, leased, or contracted by a public 
9 transportation agency, or on any public way within
1,000 
10 feet of the real property comprising any school, public 
11 park, courthouse,
public transportation facility, or 
12 residential property owned, operated, or managed by a 
13 public
housing agency or leased by a public housing agency 
14 as part of a scattered
site or mixed-income development 
15 commits a Class 4 felony. "Courthouse"
means any building 
16 that is used by the Circuit, Appellate, or Supreme Court of

17 this State for the conduct of official business.

18  (3) Paragraphs (1), (1.5), and (2) of this subsection 
19 (c) shall not
apply to law
enforcement officers or security 
20 officers of such school, college, or
university or to 
21 students carrying or possessing firearms for use in 
22 training
courses, parades, hunting, target shooting on 
23 school ranges, or otherwise with
the consent of school 
24 authorities and which firearms are transported unloaded

25 enclosed in a suitable case, box, or transportation 
26 package.

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

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

7 persons by means available to the general public, except 
8 for transportation
by automobiles not used for conveyance 
9 of the general public as passengers; and "public 
10 transportation facility" means a terminal or other place

11 where one may obtain public transportation.

12 (d) The presence in an automobile other than a public 
13omnibus of any
weapon, instrument or substance referred to in 
14subsection (a)(7) is
prima facie evidence that it is in the 
15possession of, and is being
carried by, all persons occupying 
16such automobile at the time such
weapon, instrument or 
17substance is found, except under the following
circumstances: 
18(i) if such weapon, instrument or instrumentality is
found upon 
19the person of one of the occupants therein; or (ii) if such

20weapon, instrument or substance is found in an automobile 
21operated for
hire by a duly licensed driver in the due, lawful 
22and proper pursuit of
his trade, then such presumption shall 
23not apply to the driver.

24 (e) Exemptions.
25  (1) Crossbows, Common or Compound bows and Underwater

26 Spearguns are exempted from the definition of ballistic 
 
 
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1 knife as defined in
paragraph (1) of subsection (a) of this 
2 Section.
3  (2) The provision of paragraph (1) of subsection (a) of 
4 this Section prohibiting the sale, manufacture, purchase, 
5 possession, or carrying of any knife, commonly referred to 
6 as a switchblade knife, which has a
blade that opens 
7 automatically by hand pressure applied to a button,
spring 
8 or other device in the handle of the knife, does not apply 
9 to a person who possesses a currently valid Firearm Owner's 
10 Identification Card previously issued in his or her name by 
11 the Department of State Police or to a person or an entity 
12 engaged in the business of selling or manufacturing 
13 switchblade knives. 

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



15 Section 99. Effective date. This Act takes effect upon 
16becoming law.