Sen. Kwame Raoul
Filed: 3/13/2018
 
 


 




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1
AMENDMENT TO HOUSE BILL 1467 




2 AMENDMENT NO. ______. Amend House Bill 1467 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Firearm Owners Identification Card Act is 
5amended by changing Section 13.1 as follows:




6 (430 ILCS 65/13.1) (from Ch. 38, par. 83-13.1)



7 Sec. 13.1. Preemption. 

8 (a) Except as otherwise provided in the Firearm Concealed 
9Carry Act and subsections (b) and (c) of this Section, the 
10provisions of any ordinance enacted by any municipality which

11requires registration or imposes greater restrictions or 
12limitations on the
acquisition, possession and transfer of 
13firearms than are imposed by this
Act, are not invalidated or 
14affected by this Act.

15 (b) Notwithstanding subsection (a) of this Section, the 
16regulation, licensing, possession, and registration of 
 
 
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1handguns and ammunition for a handgun, and the transportation 
2of any firearm and ammunition by a holder of a valid Firearm 
3Owner's Identification Card issued by the Department of State 
4Police under this Act are exclusive powers and functions of 
5this State. Any ordinance or regulation, or portion of that 
6ordinance or regulation, enacted on or before the effective 
7date of this amendatory Act of the 98th General Assembly that 
8purports to impose regulations or restrictions on a holder of a 
9valid Firearm Owner's Identification Card issued by the 
10Department of State Police under this Act in a manner that is 
11inconsistent with this Act, on the effective date of this 
12amendatory Act of the 98th General Assembly, shall be invalid 
13in its application to a holder of a valid Firearm Owner's 
14Identification Card issued by the Department of State Police 
15under this Act.
16 (c) A municipality, including a home rule unit, may not 
17regulate the possession and ownership of assault weapons in a 
18manner less restrictive than the regulation by the State of the 
19possession and ownership of assault weapons under this Act. 
20This subsection (c) is a limitation under subsection (i) of 
21Section 6 of Article VII of the Illinois Constitution on the 
22concurrent exercise by home rule units of powers and functions 
23exercised by the State. A municipality, including a home rule 
24unit, may regulate the possession and ownership of assault 
25weapons in a manner more restrictive than the regulation by the 
26State under this Act. Notwithstanding subsection (a) of this 
 
 
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1Section, the regulation of the possession or ownership of 
2assault weapons are exclusive powers and functions of this 
3State. Any ordinance or regulation, or portion of that 
4ordinance or regulation, that purports to regulate the 
5possession or ownership of assault weapons in a manner that is 
6inconsistent with this Act, shall be invalid unless the 
7ordinance or regulation is enacted on, before, or within 10 
8days after the effective date of this amendatory Act of the 
998th General Assembly. Any ordinance or regulation described in 
10this subsection (c) enacted more than 10 days after the 
11effective date of this amendatory Act of the 98th General 
12Assembly is invalid. An ordinance enacted on, before, or within 
1310 days after the effective date of this amendatory Act of the 
1498th General Assembly may be amended. The enactment or 
15amendment of ordinances under this subsection (c) are subject 
16to the submission requirements of Section 13.3. For the 
17purposes of this subsection, "assault weapons" means firearms 
18designated by either make or model or by a test or list of 
19cosmetic features that cumulatively would place the firearm 
20into a definition of "assault weapon" under the ordinance.
21 (d) For the purposes of this Section, "handgun" has the 
22meaning ascribed to it in Section 5 of the Firearm Concealed 
23Carry Act. 
24 (e) Except as otherwise provided in subsection (c) of this 
25Section, this This Section is a denial and limitation of home 
26rule powers and functions under subsection (h) of Section 6 of 
 
 
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1Article VII of the Illinois Constitution. 
2(Source: P.A. 98-63, eff. 7-9-13.)


3 Section 10. The Criminal Code of 2012 is amended by 
4changing Section 24-1 as follows:




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


6 Sec. 24-1. Unlawful use of weapons. 

7 (a) A person commits the offense of unlawful use of weapons 
8when
he knowingly:

9  (1) Sells, manufactures, purchases, possesses or 
10 carries any bludgeon,
black-jack, slung-shot, sand-club, 
11 sand-bag, metal knuckles or other knuckle weapon 
12 regardless of its composition, throwing star,
or any knife, 
13 commonly referred to as a switchblade knife, which has a

14 blade that opens automatically by hand pressure applied to 
15 a button,
spring or other device in the handle of the 
16 knife, or a ballistic knife,
which is a device that propels 
17 a knifelike blade as a projectile by means
of a coil 
18 spring, elastic material or compressed gas; or

19  (2) Carries or possesses with intent to use the same 
20 unlawfully
against another, a dagger, dirk, billy, 
21 dangerous knife, razor,
stiletto, broken bottle or other 
22 piece of glass, stun gun or taser or
any other dangerous or 
23 deadly weapon or instrument of like character; or

24  (3) Carries on or about his person or in any vehicle, a 
 
 
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1 tear gas gun
projector or bomb or any object containing 
2 noxious liquid gas or
substance, other than an object 
3 containing a non-lethal noxious liquid gas
or substance 
4 designed solely for personal defense carried by a person 18

5 years of age or older; or

6  (4) Carries or possesses in any vehicle or concealed on 
7 or about his
person except when on his land or in his own 
8 abode, legal dwelling, or fixed place of
business, or on 
9 the land or in the legal dwelling of another person as an 
10 invitee with that person's permission, any pistol, 
11 revolver, stun gun or taser or other firearm, except
that

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

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

16   (ii) are not immediately accessible; or

17   (iii) are unloaded and enclosed in a case, firearm 
18 carrying box,
shipping box, or other container by a 
19 person who has been issued a currently
valid Firearm 
20 Owner's
Identification Card; or
21   (iv) are carried or possessed in accordance with 
22 the Firearm Concealed Carry Act by a person who has 
23 been issued a currently valid license under the Firearm 
24 Concealed Carry Act; or 

25  (5) Sets a spring gun; or

26  (6) Possesses any device or attachment of any kind 
 
 
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1 designed, used or
intended for use in silencing the report 
2 of any firearm; or

3  (7) Sells, manufactures, purchases, possesses or 
4 carries:

5   (i) a machine gun, which shall be defined for the 
6 purposes of this
subsection as any weapon,
which 
7 shoots, is designed to shoot, or can be readily 
8 restored to shoot,
automatically more than one shot 
9 without manually reloading by a single
function of the 
10 trigger, including the frame or receiver
of any such 
11 weapon, or sells, manufactures, purchases, possesses, 
12 or
carries any combination of parts designed or 
13 intended for
use in converting any weapon into a 
14 machine gun, or any combination or
parts from which a 
15 machine gun can be assembled if such parts are in the

16 possession or under the control of a person;

17   (ii) any rifle having one or
more barrels less than 
18 16 inches in length or a shotgun having one or more

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

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

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

9 involving the exhibition of unloaded firearms is 
10 conducted.

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

14 engaged
in firearm safety training courses; or

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

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

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 
9 person who has been issued a currently
valid Firearm 
10 Owner's
Identification Card; or

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

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

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

11  (12) (Blank); or

12  (13) Carries or possesses on or about his or her person 
13 while in a building occupied by a unit of government, a 
14 billy club, other weapon of like character, or other 
15 instrument of like character intended for use as a weapon. 
16 For the purposes of this Section, "billy club" means a 
17 short stick or club commonly carried by police officers 
18 which is either telescopic or constructed of a solid piece 
19 of wood or other man-made material; or
20  (14) 90 days after the effective date of this 
21 amendatory Act of the 100th General Assembly, imports, 
22 sells, manufactures, transfers, or possesses, in this 
23 State, a bump-fire stock or trigger crank for a 
24 semi-automatic firearm that does not convert the 
25 semi-automatic firearm into a machine gun. For purposes of 
26 this paragraph (14):
 
 
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1   "Bump-fire stock" means a butt stock designed to be 
2 attached to a semi-automatic firearm and designed, 
3 made, or altered, and intended to increase the rate of 
4 fire achievable with the firearm to that of a fully 
5 automatic firearm by using the energy from the recoil 
6 of the firearm to generate reciprocating action that 
7 facilitates repeated activation of the trigger.
8   "Trigger crank" means any device that can be 
9 externally fitted to the trigger guard or stock of a 
10 firearm that actuates the firearm using a crank. 
11 (b) Sentence. A person convicted of a violation of 
12subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),

13subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a 
14Class A
misdemeanor.
A person convicted of a violation of 
15subsection
24-1(a)(8), or 24-1(a)(9), or 24-1(a)(14) commits a

16Class 4 felony; a person
convicted of a violation of subsection 
1724-1(a)(6) or 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. 
18A person convicted of a violation of subsection
24-1(a)(7)(i) 
19commits a Class 2 felony and shall be sentenced to a term of 
20imprisonment of not less than 3 years and not more than 7 
21years, unless the weapon is possessed in the
passenger 
22compartment of a motor vehicle as defined in Section 1-146 of 
23the
Illinois Vehicle Code, or on the person, while the weapon 
24is loaded, 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 in violation of 
2this Section constitutes a single and separate violation.

3 (c) Violations in specific places.

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

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

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

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

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

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

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

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

23 this State for the conduct of official business.

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

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

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

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

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

17 where one may obtain public transportation.

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

26weapon, instrument or substance is found in an automobile 
 
 
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1operated for
hire by a duly licensed driver in the due, lawful 
2and proper pursuit of
his trade, then such presumption shall 
3not apply to the driver.

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

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

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



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