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

9 barrels less than 18 inches in length or any weapon 
10 made from a rifle or
shotgun, whether by alteration, 
11 modification, or otherwise, if such a weapon
as 
12 modified has an overall length of less than 26 inches; 
13 or

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

19  (8) Carries or possesses any firearm, stun gun or taser 
20 or other
deadly weapon in any place which is licensed to 
21 sell intoxicating
beverages, or at any public gathering 
22 held pursuant to a license issued
by any governmental body 
23 or any public gathering at which an admission
is charged, 
24 excluding a place where a showing, demonstration or lecture

25 involving the exhibition of unloaded firearms is 
26 conducted.

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

4 engaged
in firearm safety training courses; or

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

9  (10) Carries or possesses on or about his person, upon 
10 any public street,
alley, or other public lands within the 
11 corporate limits of a city, village
or incorporated town, 
12 except when an invitee thereon or therein, for the
purpose 
13 of the display of such weapon or the lawful commerce in 
14 weapons, or
except when on his land or in his own abode, 
15 legal dwelling, or fixed place of business, or on the land 
16 or in the legal dwelling of another person as an invitee 
17 with that person's permission, any
pistol, revolver, stun 
18 gun or taser or other firearm, except that this
subsection 
19 (a) (10) does not apply to or affect transportation of 
20 weapons that
meet one 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 Firearm 
4 Concealed Carry Act. 
5  A "stun gun or taser", as used in this paragraph (a) 
6 means (i) any device
which is powered by electrical 
7 charging units, such as, batteries, and
which fires one or 
8 several barbs attached to a length of wire and
which, upon 
9 hitting a human, can send out a current capable of 
10 disrupting
the person's nervous system in such a manner as 
11 to render him incapable of
normal functioning or (ii) any 
12 device which is powered by electrical
charging units, such 
13 as batteries, and which, upon contact with a human or

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

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

 
 
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1  (12) (Blank); or

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

12subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a 
13Class A
misdemeanor.
A person convicted of a violation of 
14subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a 
15person
convicted of a violation of subsection 24-1(a)(6) or 
1624-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person 
17convicted of a violation of subsection
24-1(a)(7)(i) or 
1824-1(a)(7)(i-5) commits a Class 2 felony and shall be sentenced 
19to a term of imprisonment of not less than 3 years and not more 
20than 7 years, unless the weapon or device is possessed in the

21passenger compartment of a motor vehicle as defined in Section 
221-146 of the
Illinois Vehicle Code, or on the person, while the 
23weapon is loaded or the device is attached to the loaded 
24weapon, in which
case it shall be a Class X felony. A person 
25convicted of a
second or subsequent violation of subsection 
2624-1(a)(4), 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a 
 
 
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1Class 3 felony. The possession of each weapon or device in 
2violation of this Section constitutes a single and separate 
3violation.

4 (c) Violations in specific places.

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

10 development, in a
public park, in a courthouse, on the real 
11 property comprising any school,
regardless of the
time of 
12 day or the time of year, on residential property owned, 
13 operated
or
managed by a public housing agency
or leased by 
14 a public housing agency as part of a scattered site or

15 mixed-income development,
on the real property comprising 
16 any
public park, on the real property comprising any 
17 courthouse, in any conveyance
owned, leased or contracted 
18 by a school to
transport students to or from school or a 
19 school related activity, in any conveyance
owned, leased, 
20 or contracted by a public transportation agency, or on any

21 public way within 1,000 feet of the real property 
22 comprising any school,
public park, courthouse, public 
23 transportation facility, or residential property owned, 
24 operated, or managed
by a public housing agency
or leased 
25 by a public housing agency as part of a scattered site or

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

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

25 commits a Class 3 felony.

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

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

24 this State for the conduct of official business.

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

6 enclosed in a suitable case, box, or transportation 
7 package.

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

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

14 persons by means available to the general public, except 
15 for transportation
by automobiles not used for conveyance 
16 of the general public as passengers; and "public 
17 transportation facility" means a terminal or other place

18 where one may obtain public transportation.

19 (d) The presence in an automobile other than a public 
20omnibus of any
weapon, instrument or substance referred to in 
21subsection (a)(7) is
prima facie evidence that it is in the 
22possession of, and is being
carried by, all persons occupying 
23such automobile at the time such
weapon, instrument or 
24substance is found, except under the following
circumstances: 
25(i) if such weapon, instrument or instrumentality is
found upon 
26the person of one of the occupants therein; or (ii) if such

 
 
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1weapon, instrument or substance is found in an automobile 
2operated for
hire by a duly licensed driver in the due, lawful 
3and proper pursuit of
his trade, then such presumption shall 
4not apply to the driver.

5 (e) Exemptions.
6  (1) Crossbows, Common or Compound bows and Underwater

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

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




22 Section 99. Effective date. This Act takes effect upon 
23becoming law.