Illinois 2025-2026 Regular Session

Illinois House Bill HB1405 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1405 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED: 720 ILCS 5/24-1 from Ch. 38, par. 24-1720 ILCS 5/24-1.6720 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 possession 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 possession 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. LRB104 03232 RLC 13254 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1405 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED: 720 ILCS 5/24-1 from Ch. 38, par. 24-1720 ILCS 5/24-1.6720 ILCS 5/24-3.1 from Ch. 38, par. 24-3.1 720 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 possession 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 possession 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. LRB104 03232 RLC 13254 b LRB104 03232 RLC 13254 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1405 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED:
3	3	720 ILCS 5/24-1 from Ch. 38, par. 24-1720 ILCS 5/24-1.6720 ILCS 5/24-3.1 from Ch. 38, par. 24-3.1 720 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
4	4	720 ILCS 5/24-1 from Ch. 38, par. 24-1
5	5	720 ILCS 5/24-1.6
6	6	720 ILCS 5/24-3.1 from Ch. 38, par. 24-3.1
7	7	Amends the Criminal Code of 2012. Increases penalties by one class for unlawful possession 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 possession 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.
8	8	LRB104 03232 RLC 13254 b LRB104 03232 RLC 13254 b
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10	10	A BILL FOR
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12	12	HB1405 LRB104 03232 RLC 13254 b
13	13	1 AN ACT concerning criminal law.
14	14	2 Be it enacted by the People of the State of Illinois,
15	15	3 represented in the General Assembly:
16	16	4 Section 5. The Criminal Code of 2012 is amended by
17	17	5 changing Sections 24-1, 24-1.6, and 24-3.1 as follows:
18	18	6 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
19	19	7 (Text of Section before amendment by P.A. 103-822)
20	20	8 Sec. 24-1. Unlawful use of weapons.
21	21	9 (a) A person commits the offense of unlawful use of
22	22	10 weapons when he knowingly:
23	23	11 (1) Sells, manufactures, purchases, possesses or
24	24	12 carries any bludgeon, black-jack, slung-shot, sand-club,
25	25	13 sand-bag, metal knuckles or other knuckle weapon
26	26	14 regardless of its composition, throwing star, or any
27	27	15 knife, commonly referred to as a switchblade knife, which
28	28	16 has a blade that opens automatically by hand pressure
29	29	17 applied to a button, spring or other device in the handle
30	30	18 of the knife, or a ballistic knife, which is a device that
31	31	19 propels a knifelike blade as a projectile by means of a
32	32	20 coil spring, elastic material or compressed gas; or
33	33	21 (2) Carries or possesses with intent to use the same
34	34	22 unlawfully against another, a dagger, dirk, billy,
35	35	23 dangerous knife, razor, stiletto, broken bottle or other
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39	39	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1405 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED:
40	40	720 ILCS 5/24-1 from Ch. 38, par. 24-1720 ILCS 5/24-1.6720 ILCS 5/24-3.1 from Ch. 38, par. 24-3.1 720 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
41	41	720 ILCS 5/24-1 from Ch. 38, par. 24-1
42	42	720 ILCS 5/24-1.6
43	43	720 ILCS 5/24-3.1 from Ch. 38, par. 24-3.1
44	44	Amends the Criminal Code of 2012. Increases penalties by one class for unlawful possession 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 possession 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.
45	45	LRB104 03232 RLC 13254 b LRB104 03232 RLC 13254 b
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47	47	A BILL FOR
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53	53	720 ILCS 5/24-1 from Ch. 38, par. 24-1
54	54	720 ILCS 5/24-1.6
55	55	720 ILCS 5/24-3.1 from Ch. 38, par. 24-3.1
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74	74	1 piece of glass, stun gun or taser or any other dangerous or
75	75	2 deadly weapon or instrument of like character; or
76	76	3 (2.5) Carries or possesses with intent to use the same
77	77	4 unlawfully against another, any firearm in a church,
78	78	5 synagogue, mosque, or other building, structure, or place
79	79	6 used for religious worship; or
80	80	7 (3) Carries on or about his person or in any vehicle, a
81	81	8 tear gas gun projector or bomb or any object containing
82	82	9 noxious liquid gas or substance, other than an object
83	83	10 containing a non-lethal noxious liquid gas or substance
84	84	11 designed solely for personal defense carried by a person
85	85	12 18 years of age or older; or
86	86	13 (4) Carries or possesses in any vehicle or concealed
87	87	14 on or about his person except when on his land or in his
88	88	15 own abode, legal dwelling, or fixed place of business, or
89	89	16 on the land or in the legal dwelling of another person as
90	90	17 an invitee with that person's permission, any pistol,
91	91	18 revolver, stun gun or taser or other firearm, except that
92	92	19 this subsection (a)(4) does not apply to or affect
93	93	20 transportation of weapons that meet one of the following
94	94	21 conditions:
95	95	22 (i) are broken down in a non-functioning state; or
96	96	23 (ii) are not immediately accessible; or
97	97	24 (iii) are unloaded and enclosed in a case, firearm
98	98	25 carrying box, shipping box, or other container by a
99	99	26 person who has been issued a currently valid Firearm
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110	110	1 Owner's Identification Card; or
111	111	2 (iv) are carried or possessed in accordance with
112	112	3 the Firearm Concealed Carry Act by a person who has
113	113	4 been issued a currently valid license under the
114	114	5 Firearm Concealed Carry Act; or
115	115	6 (5) Sets a spring gun; or
116	116	7 (6) Possesses any device or attachment of any kind
117	117	8 designed, used or intended for use in silencing the report
118	118	9 of any firearm; or
119	119	10 (7) Sells, manufactures, purchases, possesses or
120	120	11 carries:
121	121	12 (i) a machine gun, which shall be defined for the
122	122	13 purposes of this subsection as any weapon, which
123	123	14 shoots, is designed to shoot, or can be readily
124	124	15 restored to shoot, automatically more than one shot
125	125	16 without manually reloading by a single function of the
126	126	17 trigger, including the frame or receiver of any such
127	127	18 weapon, or sells, manufactures, purchases, possesses,
128	128	19 or carries any combination of parts designed or
129	129	20 intended for use in converting any weapon into a
130	130	21 machine gun, or any combination or parts from which a
131	131	22 machine gun can be assembled if such parts are in the
132	132	23 possession or under the control of a person;
133	133	24 (ii) any rifle having one or more barrels less
134	134	25 than 16 inches in length or a shotgun having one or
135	135	26 more barrels less than 18 inches in length or any
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146	146	1 weapon made from a rifle or shotgun, whether by
147	147	2 alteration, modification, or otherwise, if such a
148	148	3 weapon as modified has an overall length of less than
149	149	4 26 inches; or
150	150	5 (iii) any bomb, bomb-shell, grenade, bottle or
151	151	6 other container containing an explosive substance of
152	152	7 over one-quarter ounce for like purposes, such as, but
153	153	8 not limited to, black powder bombs and Molotov
154	154	9 cocktails or artillery projectiles; or
155	155	10 (8) Carries or possesses any firearm, stun gun or
156	156	11 taser or other deadly weapon in any place which is
157	157	12 licensed to sell intoxicating beverages, or at any public
158	158	13 gathering held pursuant to a license issued by any
159	159	14 governmental body or any public gathering at which an
160	160	15 admission is charged, excluding a place where a showing,
161	161	16 demonstration or lecture involving the exhibition of
162	162	17 unloaded firearms is conducted.
163	163	18 This subsection (a)(8) does not apply to any auction
164	164	19 or raffle of a firearm held pursuant to a license or permit
165	165	20 issued by a governmental body, nor does it apply to
166	166	21 persons engaged in firearm safety training courses; or
167	167	22 (9) Carries or possesses in a vehicle or on or about
168	168	23 his or her person any pistol, revolver, stun gun or taser
169	169	24 or firearm or ballistic knife, when he or she is hooded,
170	170	25 robed or masked in such manner as to conceal his or her
171	171	26 identity; or
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182	182	1 (10) Carries or possesses on or about his or her
183	183	2 person, upon any public street, alley, or other public
184	184	3 lands within the corporate limits of a city, village, or
185	185	4 incorporated town, except when an invitee thereon or
186	186	5 therein, for the purpose of the display of such weapon or
187	187	6 the lawful commerce in weapons, or except when on his land
188	188	7 or in his or her own abode, legal dwelling, or fixed place
189	189	8 of business, or on the land or in the legal dwelling of
190	190	9 another person as an invitee with that person's
191	191	10 permission, any pistol, revolver, stun gun, or taser or
192	192	11 other firearm, except that this subsection (a)(10) does
193	193	12 not apply to or affect transportation of weapons that meet
194	194	13 one of the following conditions:
195	195	14 (i) are broken down in a non-functioning state; or
196	196	15 (ii) are not immediately accessible; or
197	197	16 (iii) are unloaded and enclosed in a case, firearm
198	198	17 carrying box, shipping box, or other container by a
199	199	18 person who has been issued a currently valid Firearm
200	200	19 Owner's Identification Card; or
201	201	20 (iv) are carried or possessed in accordance with
202	202	21 the Firearm Concealed Carry Act by a person who has
203	203	22 been issued a currently valid license under the
204	204	23 Firearm Concealed Carry Act.
205	205	24 A "stun gun or taser", as used in this paragraph (a)
206	206	25 means (i) any device which is powered by electrical
207	207	26 charging units, such as, batteries, and which fires one or
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218	218	1 several barbs attached to a length of wire and which, upon
219	219	2 hitting a human, can send out a current capable of
220	220	3 disrupting the person's nervous system in such a manner as
221	221	4 to render him incapable of normal functioning or (ii) any
222	222	5 device which is powered by electrical charging units, such
223	223	6 as batteries, and which, upon contact with a human or
224	224	7 clothing worn by a human, can send out current capable of
225	225	8 disrupting the person's nervous system in such a manner as
226	226	9 to render him incapable of normal functioning; or
227	227	10 (11) Sells, manufactures, delivers, imports,
228	228	11 possesses, or purchases any assault weapon attachment or
229	229	12 .50 caliber cartridge in violation of Section 24-1.9 or
230	230	13 any explosive bullet. For purposes of this paragraph (a)
231	231	14 "explosive bullet" means the projectile portion of an
232	232	15 ammunition cartridge which contains or carries an
233	233	16 explosive charge which will explode upon contact with the
234	234	17 flesh of a human or an animal. "Cartridge" means a tubular
235	235	18 metal case having a projectile affixed at the front
236	236	19 thereof and a cap or primer at the rear end thereof, with
237	237	20 the propellant contained in such tube between the
238	238	21 projectile and the cap; or
239	239	22 (12) (Blank); or
240	240	23 (13) Carries or possesses on or about his or her
241	241	24 person while in a building occupied by a unit of
242	242	25 government, a billy club, other weapon of like character,
243	243	26 or other instrument of like character intended for use as
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254	254	1 a weapon. For the purposes of this Section, "billy club"
255	255	2 means a short stick or club commonly carried by police
256	256	3 officers which is either telescopic or constructed of a
257	257	4 solid piece of wood or other man-made material; or
258	258	5 (14) Manufactures, possesses, sells, or offers to
259	259	6 sell, purchase, manufacture, import, transfer, or use any
260	260	7 device, part, kit, tool, accessory, or combination of
261	261	8 parts that is designed to and functions to increase the
262	262	9 rate of fire of a semiautomatic firearm above the standard
263	263	10 rate of fire for semiautomatic firearms that is not
264	264	11 equipped with that device, part, or combination of parts;
265	265	12 or
266	266	13 (15) Carries or possesses any assault weapon or .50
267	267	14 caliber rifle in violation of Section 24-1.9; or
268	268	15 (16) Manufactures, sells, delivers, imports, or
269	269	16 purchases any assault weapon or .50 caliber rifle in
270	270	17 violation of Section 24-1.9.
271	271	18 (b) Sentence. A person convicted of a violation of
272	272	19 subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
273	273	20 subsection 24-1(a)(11), subsection 24-1(a)(13), or 24-1(a)(15)
274	274	21 commits a Class A misdemeanor. A person convicted of a
275	275	22 violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a
276	276	23 Class 4 felony; a person convicted of a violation of
277	277	24 subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or
278	278	25 24-1(a)(16) commits a Class 3 felony. A person convicted of a
279	279	26 violation of subsection 24-1(a)(7)(i) commits a Class 2 felony
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290	290	1 and shall be sentenced to a term of imprisonment of not less
291	291	2 than 3 years and not more than 7 years, unless the weapon is
292	292	3 possessed in the passenger compartment of a motor vehicle as
293	293	4 defined in Section 1-146 of the Illinois Vehicle Code, or on
294	294	5 the person, while the weapon is loaded, in which case it shall
295	295	6 be a Class X felony. A person convicted of a second or
296	296	7 subsequent violation of subsection 24-1(a)(4), 24-1(a)(8),
297	297	8 24-1(a)(9), 24-1(a)(10), or 24-1(a)(15) commits a Class 3
298	298	9 felony. A person convicted of a violation of subsection
299	299	10 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The
300	300	11 possession of each weapon or device in violation of this
301	301	12 Section constitutes a single and separate violation.
302	302	13 (c) Violations in specific places.
303	303	14 (1) A person who violates subsection 24-1(a)(6) or
304	304	15 24-1(a)(7) in any school, regardless of the time of day or
305	305	16 the time of year, in residential property owned, operated
306	306	17 or managed by a public housing agency or leased by a public
307	307	18 housing agency as part of a scattered site or mixed-income
308	308	19 development, in a public park, in a courthouse, on the
309	309	20 real property comprising any school, regardless of the
310	310	21 time of day or the time of year, on residential property
311	311	22 owned, operated or managed by a public housing agency or
312	312	23 leased by a public housing agency as part of a scattered
313	313	24 site or mixed-income development, on the real property
314	314	25 comprising any public park, on the real property
315	315	26 comprising any courthouse, in any conveyance owned, leased
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326	326	1 or contracted by a school to transport students to or from
327	327	2 school or a school related activity, in any conveyance
328	328	3 owned, leased, or contracted by a public transportation
329	329	4 agency, or on any public way within 1,000 feet of the real
330	330	5 property comprising any school, public park, courthouse,
331	331	6 public transportation facility, or residential property
332	332	7 owned, operated, or managed by a public housing agency or
333	333	8 leased by a public housing agency as part of a scattered
334	334	9 site or mixed-income development commits a Class 2 felony
335	335	10 and shall be sentenced to a term of imprisonment of not
336	336	11 less than 3 years and not more than 7 years.
337	337	12 (1.5) A person who violates subsection 24-1(a)(4),
338	338	13 24-1(a)(9), or 24-1(a)(10) in any school, regardless of
339	339	14 the time of day or the time of year, in residential
340	340	15 property owned, operated, or managed by a public housing
341	341	16 agency or leased by a public housing agency as part of a
342	342	17 scattered site or mixed-income development, in a public
343	343	18 park, in a courthouse, on the real property comprising any
344	344	19 school, regardless of the time of day or the time of year,
345	345	20 on residential property owned, operated, or managed by a
346	346	21 public housing agency or leased by a public housing agency
347	347	22 as part of a scattered site or mixed-income development,
348	348	23 on the real property comprising any public park, on the
349	349	24 real property comprising any courthouse, in any conveyance
350	350	25 owned, leased, or contracted by a school to transport
351	351	26 students to or from school or a school related activity,
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362	362	1 in any conveyance owned, leased, or contracted by a public
363	363	2 transportation agency, or on any public way within 1,000
364	364	3 feet of the real property comprising any school, public
365	365	4 park, courthouse, public transportation facility, or
366	366	5 residential property owned, operated, or managed by a
367	367	6 public housing agency or leased by a public housing agency
368	368	7 as part of a scattered site or mixed-income development
369	369	8 commits a Class 3 felony.
370	370	9 (2) A person who violates subsection 24-1(a)(1),
371	371	10 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
372	372	11 time of day or the time of year, in residential property
373	373	12 owned, operated or managed by a public housing agency or
374	374	13 leased by a public housing agency as part of a scattered
375	375	14 site or mixed-income development, in a public park, in a
376	376	15 courthouse, on the real property comprising any school,
377	377	16 regardless of the time of day or the time of year, on
378	378	17 residential property owned, operated or managed by a
379	379	18 public housing agency or leased by a public housing agency
380	380	19 as part of a scattered site or mixed-income development,
381	381	20 on the real property comprising any public park, on the
382	382	21 real property comprising any courthouse, in any conveyance
383	383	22 owned, leased or contracted by a school to transport
384	384	23 students to or from school or a school related activity,
385	385	24 in any conveyance owned, leased, or contracted by a public
386	386	25 transportation agency, or on any public way within 1,000
387	387	26 feet of the real property comprising any school, public
388	388
389	389
390	390
391	391
392	392
393	393	HB1405 - 10 - LRB104 03232 RLC 13254 b
394	394
395	395
396	396	HB1405- 11 -LRB104 03232 RLC 13254 b HB1405 - 11 - LRB104 03232 RLC 13254 b
397	397	HB1405 - 11 - LRB104 03232 RLC 13254 b
398	398	1 park, courthouse, public transportation facility, or
399	399	2 residential property owned, operated, or managed by a
400	400	3 public housing agency or leased by a public housing agency
401	401	4 as part of a scattered site or mixed-income development
402	402	5 commits a Class 4 felony. "Courthouse" means any building
403	403	6 that is used by the Circuit, Appellate, or Supreme Court
404	404	7 of this State for the conduct of official business.
405	405	8 (3) Paragraphs (1), (1.5), and (2) of this subsection
406	406	9 (c) shall not apply to law enforcement officers or
407	407	10 security officers of such school, college, or university
408	408	11 or to students carrying or possessing firearms for use in
409	409	12 training courses, parades, hunting, target shooting on
410	410	13 school ranges, or otherwise with the consent of school
411	411	14 authorities and which firearms are transported unloaded
412	412	15 enclosed in a suitable case, box, or transportation
413	413	16 package.
414	414	17 (4) For the purposes of this subsection (c), "school"
415	415	18 means any public or private elementary or secondary
416	416	19 school, community college, college, or university.
417	417	20 (5) For the purposes of this subsection (c), "public
418	418	21 transportation agency" means a public or private agency
419	419	22 that provides for the transportation or conveyance of
420	420	23 persons by means available to the general public, except
421	421	24 for transportation by automobiles not used for conveyance
422	422	25 of the general public as passengers; and "public
423	423	26 transportation facility" means a terminal or other place
424	424
425	425
426	426
427	427
428	428
429	429	HB1405 - 11 - LRB104 03232 RLC 13254 b
430	430
431	431
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433	433	HB1405 - 12 - LRB104 03232 RLC 13254 b
434	434	1 where one may obtain public transportation.
435	435	2 (d) The presence in an automobile other than a public
436	436	3 omnibus of any weapon, instrument or substance referred to in
437	437	4 subsection (a)(7) is prima facie evidence that it is in the
438	438	5 possession of, and is being carried by, all persons occupying
439	439	6 such automobile at the time such weapon, instrument or
440	440	7 substance is found, except under the following circumstances:
441	441	8 (i) if such weapon, instrument or instrumentality is found
442	442	9 upon the person of one of the occupants therein; or (ii) if
443	443	10 such weapon, instrument or substance is found in an automobile
444	444	11 operated for hire by a duly licensed driver in the due, lawful
445	445	12 and proper pursuit of his or her trade, then such presumption
446	446	13 shall not apply to the driver.
447	447	14 (e) Exemptions.
448	448	15 (1) Crossbows, Common or Compound bows and Underwater
449	449	16 Spearguns are exempted from the definition of ballistic
450	450	17 knife as defined in paragraph (1) of subsection (a) of
451	451	18 this Section.
452	452	19 (2) The provision of paragraph (1) of subsection (a)
453	453	20 of this Section prohibiting the sale, manufacture,
454	454	21 purchase, possession, or carrying of any knife, commonly
455	455	22 referred to as a switchblade knife, which has a blade that
456	456	23 opens automatically by hand pressure applied to a button,
457	457	24 spring or other device in the handle of the knife, does not
458	458	25 apply to a person who possesses a currently valid Firearm
459	459	26 Owner's Identification Card previously issued in his or
460	460
461	461
462	462
463	463
464	464
465	465	HB1405 - 12 - LRB104 03232 RLC 13254 b
466	466
467	467
468	468	HB1405- 13 -LRB104 03232 RLC 13254 b HB1405 - 13 - LRB104 03232 RLC 13254 b
469	469	HB1405 - 13 - LRB104 03232 RLC 13254 b
470	470	1 her name by the Illinois State Police or to a person or an
471	471	2 entity engaged in the business of selling or manufacturing
472	472	3 switchblade knives.
473	473	4 (Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21;
474	474	5 102-1116, eff. 1-10-23.)
475	475	6 (Text of Section after amendment by P.A. 103-822)
476	476	7 Sec. 24-1. Unlawful possession of weapons.
477	477	8 (a) A person commits the offense of unlawful possession of
478	478	9 weapons when he knowingly:
479	479	10 (1) Sells, manufactures, purchases, possesses or
480	480	11 carries any bludgeon, black-jack, slung-shot, sand-club,
481	481	12 sand-bag, metal knuckles or other knuckle weapon
482	482	13 regardless of its composition, throwing star, or any
483	483	14 knife, commonly referred to as a switchblade knife, which
484	484	15 has a blade that opens automatically by hand pressure
485	485	16 applied to a button, spring or other device in the handle
486	486	17 of the knife, or a ballistic knife, which is a device that
487	487	18 propels a knifelike blade as a projectile by means of a
488	488	19 coil spring, elastic material or compressed gas; or
489	489	20 (2) Carries or possesses with intent to use the same
490	490	21 unlawfully against another, a dagger, dirk, billy,
491	491	22 dangerous knife, razor, stiletto, broken bottle or other
492	492	23 piece of glass, stun gun or taser or any other dangerous or
493	493	24 deadly weapon or instrument of like character; or
494	494	25 (2.5) Carries or possesses with intent to use the same
495	495
496	496
497	497
498	498
499	499
500	500	HB1405 - 13 - LRB104 03232 RLC 13254 b
501	501
502	502
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504	504	HB1405 - 14 - LRB104 03232 RLC 13254 b
505	505	1 unlawfully against another, any firearm in a church,
506	506	2 synagogue, mosque, or other building, structure, or place
507	507	3 used for religious worship; or
508	508	4 (3) Carries on or about his person or in any vehicle, a
509	509	5 tear gas gun projector or bomb or any object containing
510	510	6 noxious liquid gas or substance, other than an object
511	511	7 containing a non-lethal noxious liquid gas or substance
512	512	8 designed solely for personal defense carried by a person
513	513	9 18 years of age or older; or
514	514	10 (4) Carries or possesses in any vehicle or concealed
515	515	11 on or about his or her person except when on his or her
516	516	12 land or in his or her own abode, legal dwelling, or fixed
517	517	13 place of business, or on the land or in the legal dwelling
518	518	14 of another person as an invitee with that person's
519	519	15 permission, any pistol, revolver, stun gun or taser or
520	520	16 other firearm, except that this subsection (a)(4) does not
521	521	17 apply to or affect transportation of weapons that meet one
522	522	18 of the following conditions:
523	523	19 (i) are broken down in a non-functioning state; or
524	524	20 (ii) are not immediately accessible; or
525	525	21 (iii) are unloaded and enclosed in a case, firearm
526	526	22 carrying box, shipping box, or other container by a
527	527	23 person who has been issued a currently valid Firearm
528	528	24 Owner's Identification Card; or
529	529	25 (iv) are carried or possessed in accordance with
530	530	26 the Firearm Concealed Carry Act by a person who has
531	531
532	532
533	533
534	534
535	535
536	536	HB1405 - 14 - LRB104 03232 RLC 13254 b
537	537
538	538
539	539	HB1405- 15 -LRB104 03232 RLC 13254 b HB1405 - 15 - LRB104 03232 RLC 13254 b
540	540	HB1405 - 15 - LRB104 03232 RLC 13254 b
541	541	1 been issued a currently valid license under the
542	542	2 Firearm Concealed Carry Act; or
543	543	3 (5) Sets a spring gun; or
544	544	4 (6) Possesses any device or attachment of any kind
545	545	5 designed, used or intended for use in silencing the report
546	546	6 of any firearm; or
547	547	7 (7) Sells, manufactures, purchases, possesses or
548	548	8 carries:
549	549	9 (i) a machine gun, which shall be defined for the
550	550	10 purposes of this subsection as any weapon, which
551	551	11 shoots, is designed to shoot, or can be readily
552	552	12 restored to shoot, automatically more than one shot
553	553	13 without manually reloading by a single function of the
554	554	14 trigger, including the frame or receiver of any such
555	555	15 weapon, or sells, manufactures, purchases, possesses,
556	556	16 or carries any combination of parts designed or
557	557	17 intended for use in converting any weapon into a
558	558	18 machine gun, or any combination or parts from which a
559	559	19 machine gun can be assembled if such parts are in the
560	560	20 possession or under the control of a person;
561	561	21 (ii) any rifle having one or more barrels less
562	562	22 than 16 inches in length or a shotgun having one or
563	563	23 more barrels less than 18 inches in length or any
564	564	24 weapon made from a rifle or shotgun, whether by
565	565	25 alteration, modification, or otherwise, if such a
566	566	26 weapon as modified has an overall length of less than
567	567
568	568
569	569
570	570
571	571
572	572	HB1405 - 15 - LRB104 03232 RLC 13254 b
573	573
574	574
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576	576	HB1405 - 16 - LRB104 03232 RLC 13254 b
577	577	1 26 inches; or
578	578	2 (iii) any bomb, bomb-shell, grenade, bottle or
579	579	3 other container containing an explosive substance of
580	580	4 over one-quarter ounce for like purposes, such as, but
581	581	5 not limited to, black powder bombs and Molotov
582	582	6 cocktails or artillery projectiles; or
583	583	7 (8) Carries or possesses any firearm, stun gun or
584	584	8 taser or other deadly weapon in any place which is
585	585	9 licensed to sell intoxicating beverages, or at any public
586	586	10 gathering held pursuant to a license issued by any
587	587	11 governmental body or any public gathering at which an
588	588	12 admission is charged, excluding a place where a showing,
589	589	13 demonstration or lecture involving the exhibition of
590	590	14 unloaded firearms is conducted.
591	591	15 This subsection (a)(8) does not apply to any auction
592	592	16 or raffle of a firearm held pursuant to a license or permit
593	593	17 issued by a governmental body, nor does it apply to
594	594	18 persons engaged in firearm safety training courses; or
595	595	19 (9) Carries or possesses in a vehicle or on or about
596	596	20 his or her person any pistol, revolver, stun gun or taser
597	597	21 or firearm or ballistic knife, when he or she is hooded,
598	598	22 robed or masked in such manner as to conceal his or her
599	599	23 identity; or
600	600	24 (10) Carries or possesses on or about his or her
601	601	25 person, upon any public street, alley, or other public
602	602	26 lands within the corporate limits of a city, village, or
603	603
604	604
605	605
606	606
607	607
608	608	HB1405 - 16 - LRB104 03232 RLC 13254 b
609	609
610	610
611	611	HB1405- 17 -LRB104 03232 RLC 13254 b HB1405 - 17 - LRB104 03232 RLC 13254 b
612	612	HB1405 - 17 - LRB104 03232 RLC 13254 b
613	613	1 incorporated town, except when an invitee thereon or
614	614	2 therein, for the purpose of the display of such weapon or
615	615	3 the lawful commerce in weapons, or except when on his or
616	616	4 her land or in his or her own abode, legal dwelling, or
617	617	5 fixed place of business, or on the land or in the legal
618	618	6 dwelling of another person as an invitee with that
619	619	7 person's permission, any pistol, revolver, stun gun, or
620	620	8 taser or other firearm, except that this subsection
621	621	9 (a)(10) does not apply to or affect transportation of
622	622	10 weapons that meet one of the following conditions:
623	623	11 (i) are broken down in a non-functioning state; or
624	624	12 (ii) are not immediately accessible; or
625	625	13 (iii) are unloaded and enclosed in a case, firearm
626	626	14 carrying box, shipping box, or other container by a
627	627	15 person who has been issued a currently valid Firearm
628	628	16 Owner's Identification Card; or
629	629	17 (iv) are carried or possessed in accordance with
630	630	18 the Firearm Concealed Carry Act by a person who has
631	631	19 been issued a currently valid license under the
632	632	20 Firearm Concealed Carry Act.
633	633	21 A "stun gun or taser", as used in this paragraph (a)
634	634	22 means (i) any device which is powered by electrical
635	635	23 charging units, such as, batteries, and which fires one or
636	636	24 several barbs attached to a length of wire and which, upon
637	637	25 hitting a human, can send out a current capable of
638	638	26 disrupting the person's nervous system in such a manner as
639	639
640	640
641	641
642	642
643	643
644	644	HB1405 - 17 - LRB104 03232 RLC 13254 b
645	645
646	646
647	647	HB1405- 18 -LRB104 03232 RLC 13254 b HB1405 - 18 - LRB104 03232 RLC 13254 b
648	648	HB1405 - 18 - LRB104 03232 RLC 13254 b
649	649	1 to render him incapable of normal functioning or (ii) any
650	650	2 device which is powered by electrical charging units, such
651	651	3 as batteries, and which, upon contact with a human or
652	652	4 clothing worn by a human, can send out current capable of
653	653	5 disrupting the person's nervous system in such a manner as
654	654	6 to render him incapable of normal functioning; or
655	655	7 (11) Sells, manufactures, delivers, imports,
656	656	8 possesses, or purchases any assault weapon attachment or
657	657	9 .50 caliber cartridge in violation of Section 24-1.9 or
658	658	10 any explosive bullet. For purposes of this paragraph (a)
659	659	11 "explosive bullet" means the projectile portion of an
660	660	12 ammunition cartridge which contains or carries an
661	661	13 explosive charge which will explode upon contact with the
662	662	14 flesh of a human or an animal. "Cartridge" means a tubular
663	663	15 metal case having a projectile affixed at the front
664	664	16 thereof and a cap or primer at the rear end thereof, with
665	665	17 the propellant contained in such tube between the
666	666	18 projectile and the cap; or
667	667	19 (12) (Blank); or
668	668	20 (13) Carries or possesses on or about his or her
669	669	21 person while in a building occupied by a unit of
670	670	22 government, a billy club, other weapon of like character,
671	671	23 or other instrument of like character intended for use as
672	672	24 a weapon. For the purposes of this Section, "billy club"
673	673	25 means a short stick or club commonly carried by police
674	674	26 officers which is either telescopic or constructed of a
675	675
676	676
677	677
678	678
679	679
680	680	HB1405 - 18 - LRB104 03232 RLC 13254 b
681	681
682	682
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684	684	HB1405 - 19 - LRB104 03232 RLC 13254 b
685	685	1 solid piece of wood or other man-made material; or
686	686	2 (14) Manufactures, possesses, sells, or offers to
687	687	3 sell, purchase, manufacture, import, transfer, or use any
688	688	4 device, part, kit, tool, accessory, or combination of
689	689	5 parts that is designed to and functions to increase the
690	690	6 rate of fire of a semiautomatic firearm above the standard
691	691	7 rate of fire for semiautomatic firearms that is not
692	692	8 equipped with that device, part, or combination of parts;
693	693	9 or
694	694	10 (15) Carries or possesses any assault weapon or .50
695	695	11 caliber rifle in violation of Section 24-1.9; or
696	696	12 (16) Manufactures, sells, delivers, imports, or
697	697	13 purchases any assault weapon or .50 caliber rifle in
698	698	14 violation of Section 24-1.9.
699	699	15 (b) Sentence. A person convicted of a violation of
700	700	16 subsection 24-1(a)(1), subsection 24-1(a)(2), subsection
701	701	17 24-1(a)(3), subsection 24-1(a)(5), through (5), subsection
702	702	18 24-1(a)(10), subsection 24-1(a)(11), subsection 24-1(a)(13),
703	703	19 or 24-1(a)(15) commits a Class A misdemeanor. A person
704	704	20 convicted of a violation of subsection 24-1(a)(4),
705	705	21 24-1(a)(10), 24-1(a)(8) or 24-1(a)(9) commits a Class 4
706	706	22 felony; a person convicted of a violation of subsection
707	707	23 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or 24-1(a)(16)
708	708	24 commits a Class 3 felony. A person convicted of a violation of
709	709	25 subsection 24-1(a)(7)(i) commits a Class 2 felony and shall be
710	710	26 sentenced to a term of imprisonment of not less than 3 years
711	711
712	712
713	713
714	714
715	715
716	716	HB1405 - 19 - LRB104 03232 RLC 13254 b
717	717
718	718
719	719	HB1405- 20 -LRB104 03232 RLC 13254 b HB1405 - 20 - LRB104 03232 RLC 13254 b
720	720	HB1405 - 20 - LRB104 03232 RLC 13254 b
721	721	1 and not more than 7 years, unless the weapon is possessed in
722	722	2 the passenger compartment of a motor vehicle as defined in
723	723	3 Section 1-146 of the Illinois Vehicle Code, or on the person,
724	724	4 while the weapon is loaded, in which case it shall be a Class X
725	725	5 felony. A person convicted of a second or subsequent violation
726	726	6 of subsection 24-1(a)(4), 24-1(a)(8), 24-1(a)(9), 24-1(a)(10),
727	727	7 or 24-1(a)(15) commits a Class 3 felony. A person convicted of
728	728	8 a violation of subsection 24-1(a)(2.5) or 24-1(a)(14) commits
729	729	9 a Class 2 felony. The possession of each weapon or device in
730	730	10 violation of this Section constitutes a single and separate
731	731	11 violation.
732	732	12 (c) Violations in specific places.
733	733	13 (1) A person who violates subsection 24-1(a)(6) or
734	734	14 24-1(a)(7) in any school, regardless of the time of day or
735	735	15 the time of year, in residential property owned, operated
736	736	16 or managed by a public housing agency or leased by a public
737	737	17 housing agency as part of a scattered site or mixed-income
738	738	18 development, in a public park, in a courthouse, on the
739	739	19 real property comprising any school, regardless of the
740	740	20 time of day or the time of year, on residential property
741	741	21 owned, operated or managed by a public housing agency or
742	742	22 leased by a public housing agency as part of a scattered
743	743	23 site or mixed-income development, on the real property
744	744	24 comprising any public park, on the real property
745	745	25 comprising any courthouse, in any conveyance owned, leased
746	746	26 or contracted by a school to transport students to or from
747	747
748	748
749	749
750	750
751	751
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753	753
754	754
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756	756	HB1405 - 21 - LRB104 03232 RLC 13254 b
757	757	1 school or a school related activity, in any conveyance
758	758	2 owned, leased, or contracted by a public transportation
759	759	3 agency, or on any public way within 1,000 feet of the real
760	760	4 property comprising any school, public park, courthouse,
761	761	5 public transportation facility, or residential property
762	762	6 owned, operated, or managed by a public housing agency or
763	763	7 leased by a public housing agency as part of a scattered
764	764	8 site or mixed-income development commits a Class 2 felony
765	765	9 and shall be sentenced to a term of imprisonment of not
766	766	10 less than 3 years and not more than 7 years.
767	767	11 (1.5) A person who violates subsection 24-1(a)(4),
768	768	12 24-1(a)(9), or 24-1(a)(10) in any school, regardless of
769	769	13 the time of day or the time of year, in residential
770	770	14 property owned, operated, or managed by a public housing
771	771	15 agency or leased by a public housing agency as part of a
772	772	16 scattered site or mixed-income development, in a public
773	773	17 park, in a courthouse, on the real property comprising any
774	774	18 school, regardless of the time of day or the time of year,
775	775	19 on residential property owned, operated, or managed by a
776	776	20 public housing agency or leased by a public housing agency
777	777	21 as part of a scattered site or mixed-income development,
778	778	22 on the real property comprising any public park, on the
779	779	23 real property comprising any courthouse, in any conveyance
780	780	24 owned, leased, or contracted by a school to transport
781	781	25 students to or from school or a school related activity,
782	782	26 in any conveyance owned, leased, or contracted by a public
783	783
784	784
785	785
786	786
787	787
788	788	HB1405 - 21 - LRB104 03232 RLC 13254 b
789	789
790	790
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792	792	HB1405 - 22 - LRB104 03232 RLC 13254 b
793	793	1 transportation agency, or on any public way within 1,000
794	794	2 feet of the real property comprising any school, public
795	795	3 park, courthouse, public transportation facility, or
796	796	4 residential property owned, operated, or managed by a
797	797	5 public housing agency or leased by a public housing agency
798	798	6 as part of a scattered site or mixed-income development
799	799	7 commits a Class 3 felony.
800	800	8 (2) A person who violates subsection 24-1(a)(1),
801	801	9 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
802	802	10 time of day or the time of year, in residential property
803	803	11 owned, operated or managed by a public housing agency or
804	804	12 leased by a public housing agency as part of a scattered
805	805	13 site or mixed-income development, in a public park, in a
806	806	14 courthouse, on the real property comprising any school,
807	807	15 regardless of the time of day or the time of year, on
808	808	16 residential property owned, operated or managed by a
809	809	17 public housing agency or leased by a public housing agency
810	810	18 as part of a scattered site or mixed-income development,
811	811	19 on the real property comprising any public park, on the
812	812	20 real property comprising any courthouse, in any conveyance
813	813	21 owned, leased or contracted by a school to transport
814	814	22 students to or from school or a school related activity,
815	815	23 in any conveyance owned, leased, or contracted by a public
816	816	24 transportation agency, or on any public way within 1,000
817	817	25 feet of the real property comprising any school, public
818	818	26 park, courthouse, public transportation facility, or
819	819
820	820
821	821
822	822
823	823
824	824	HB1405 - 22 - LRB104 03232 RLC 13254 b
825	825
826	826
827	827	HB1405- 23 -LRB104 03232 RLC 13254 b HB1405 - 23 - LRB104 03232 RLC 13254 b
828	828	HB1405 - 23 - LRB104 03232 RLC 13254 b
829	829	1 residential property owned, operated, or managed by a
830	830	2 public housing agency or leased by a public housing agency
831	831	3 as part of a scattered site or mixed-income development
832	832	4 commits a Class 4 felony. "Courthouse" means any building
833	833	5 that is used by the Circuit, Appellate, or Supreme Court
834	834	6 of this State for the conduct of official business.
835	835	7 (3) Paragraphs (1), (1.5), and (2) of this subsection
836	836	8 (c) shall not apply to law enforcement officers or
837	837	9 security officers of such school, college, or university
838	838	10 or to students carrying or possessing firearms for use in
839	839	11 training courses, parades, hunting, target shooting on
840	840	12 school ranges, or otherwise with the consent of school
841	841	13 authorities and which firearms are transported unloaded
842	842	14 enclosed in a suitable case, box, or transportation
843	843	15 package.
844	844	16 (4) For the purposes of this subsection (c), "school"
845	845	17 means any public or private elementary or secondary
846	846	18 school, community college, college, or university.
847	847	19 (5) For the purposes of this subsection (c), "public
848	848	20 transportation agency" means a public or private agency
849	849	21 that provides for the transportation or conveyance of
850	850	22 persons by means available to the general public, except
851	851	23 for transportation by automobiles not used for conveyance
852	852	24 of the general public as passengers; and "public
853	853	25 transportation facility" means a terminal or other place
854	854	26 where one may obtain public transportation.
855	855
856	856
857	857
858	858
859	859
860	860	HB1405 - 23 - LRB104 03232 RLC 13254 b
861	861
862	862
863	863	HB1405- 24 -LRB104 03232 RLC 13254 b HB1405 - 24 - LRB104 03232 RLC 13254 b
864	864	HB1405 - 24 - LRB104 03232 RLC 13254 b
865	865	1 (d) The presence in an automobile other than a public
866	866	2 omnibus of any weapon, instrument or substance referred to in
867	867	3 subsection (a)(7) is prima facie evidence that it is in the
868	868	4 possession of, and is being carried by, all persons occupying
869	869	5 such automobile at the time such weapon, instrument or
870	870	6 substance is found, except under the following circumstances:
871	871	7 (i) if such weapon, instrument or instrumentality is found
872	872	8 upon the person of one of the occupants therein; or (ii) if
873	873	9 such weapon, instrument or substance is found in an automobile
874	874	10 operated for hire by a duly licensed driver in the due, lawful
875	875	11 and proper pursuit of his or her trade, then such presumption
876	876	12 shall not apply to the driver.
877	877	13 (e) Exemptions.
878	878	14 (1) Crossbows, Common or Compound bows and Underwater
879	879	15 Spearguns are exempted from the definition of ballistic
880	880	16 knife as defined in paragraph (1) of subsection (a) of
881	881	17 this Section.
882	882	18 (2) The provision of paragraph (1) of subsection (a)
883	883	19 of this Section prohibiting the sale, manufacture,
884	884	20 purchase, possession, or carrying of any knife, commonly
885	885	21 referred to as a switchblade knife, which has a blade that
886	886	22 opens automatically by hand pressure applied to a button,
887	887	23 spring or other device in the handle of the knife, does not
888	888	24 apply to a person who possesses a currently valid Firearm
889	889	25 Owner's Identification Card previously issued in his or
890	890	26 her name by the Illinois State Police or to a person or an
891	891
892	892
893	893
894	894
895	895
896	896	HB1405 - 24 - LRB104 03232 RLC 13254 b
897	897
898	898
899	899	HB1405- 25 -LRB104 03232 RLC 13254 b HB1405 - 25 - LRB104 03232 RLC 13254 b
900	900	HB1405 - 25 - LRB104 03232 RLC 13254 b
901	901	1 entity engaged in the business of selling or manufacturing
902	902	2 switchblade knives.
903	903	3 (Source: P.A. 102-538, eff. 8-20-21; 102-1116, eff. 1-10-23;
904	904	4 103-822, eff. 1-1-25.)
905	905	5 (720 ILCS 5/24-1.6)
906	906	6 (Text of Section before amendment by P.A. 103-822)
907	907	7 Sec. 24-1.6. Aggravated unlawful use of a weapon.
908	908	8 (a) A person commits the offense of aggravated unlawful
909	909	9 use of a weapon when he or she knowingly:
910	910	10 (1) Carries on or about his or her person or in any
911	911	11 vehicle or concealed on or about his or her person except
912	912	12 when on his or her land or in his or her abode, legal
913	913	13 dwelling, or fixed place of business, or on the land or in
914	914	14 the legal dwelling of another person as an invitee with
915	915	15 that person's permission, any pistol, revolver, stun gun
916	916	16 or taser or other firearm; or
917	917	17 (2) Carries or possesses on or about his or her
918	918	18 person, upon any public street, alley, or other public
919	919	19 lands within the corporate limits of a city, village or
920	920	20 incorporated town, except when an invitee thereon or
921	921	21 therein, for the purpose of the display of such weapon or
922	922	22 the lawful commerce in weapons, or except when on his or
923	923	23 her own land or in his or her own abode, legal dwelling, or
924	924	24 fixed place of business, or on the land or in the legal
925	925	25 dwelling of another person as an invitee with that
926	926
927	927
928	928
929	929
930	930
931	931	HB1405 - 25 - LRB104 03232 RLC 13254 b
932	932
933	933
934	934	HB1405- 26 -LRB104 03232 RLC 13254 b HB1405 - 26 - LRB104 03232 RLC 13254 b
935	935	HB1405 - 26 - LRB104 03232 RLC 13254 b
936	936	1 person's permission, any pistol, revolver, stun gun or
937	937	2 taser or other firearm; and
938	938	3 (3) One of the following factors is present:
939	939	4 (A) the firearm, other than a pistol, revolver, or
940	940	5 handgun, possessed was uncased, loaded, and
941	941	6 immediately accessible at the time of the offense; or
942	942	7 (A-5) the pistol, revolver, or handgun possessed
943	943	8 was uncased, loaded, and immediately accessible at the
944	944	9 time of the offense and the person possessing the
945	945	10 pistol, revolver, or handgun has not been issued a
946	946	11 currently valid license under the Firearm Concealed
947	947	12 Carry Act; or
948	948	13 (B) the firearm, other than a pistol, revolver, or
949	949	14 handgun, possessed was uncased, unloaded, and the
950	950	15 ammunition for the weapon was immediately accessible
951	951	16 at the time of the offense; or
952	952	17 (B-5) the pistol, revolver, or handgun possessed
953	953	18 was uncased, unloaded, and the ammunition for the
954	954	19 weapon was immediately accessible at the time of the
955	955	20 offense and the person possessing the pistol,
956	956	21 revolver, or handgun has not been issued a currently
957	957	22 valid license under the Firearm Concealed Carry Act;
958	958	23 or
959	959	24 (C) the person possessing the firearm has not been
960	960	25 issued a currently valid Firearm Owner's
961	961	26 Identification Card; or
962	962
963	963
964	964
965	965
966	966
967	967	HB1405 - 26 - LRB104 03232 RLC 13254 b
968	968
969	969
970	970	HB1405- 27 -LRB104 03232 RLC 13254 b HB1405 - 27 - LRB104 03232 RLC 13254 b
971	971	HB1405 - 27 - LRB104 03232 RLC 13254 b
972	972	1 (D) the person possessing the weapon was
973	973	2 previously adjudicated a delinquent minor under the
974	974	3 Juvenile Court Act of 1987 for an act that if committed
975	975	4 by an adult would be a felony; or
976	976	5 (E) the person possessing the weapon was engaged
977	977	6 in a misdemeanor violation of the Cannabis Control
978	978	7 Act, in a misdemeanor violation of the Illinois
979	979	8 Controlled Substances Act, or in a misdemeanor
980	980	9 violation of the Methamphetamine Control and Community
981	981	10 Protection Act; or
982	982	11 (F) (blank); or
983	983	12 (G) the person possessing the weapon had an order
984	984	13 of protection issued against him or her within the
985	985	14 previous 2 years; or
986	986	15 (H) the person possessing the weapon was engaged
987	987	16 in the commission or attempted commission of a
988	988	17 misdemeanor involving the use or threat of violence
989	989	18 against the person or property of another; or
990	990	19 (I) the person possessing the weapon was under 21
991	991	20 years of age and in possession of a handgun, unless the
992	992	21 person under 21 is engaged in lawful activities under
993	993	22 the Wildlife Code or described in subsection
994	994	23 24-2(b)(1), (b)(3), or 24-2(f).
995	995	24 (a-5) "Handgun" as used in this Section has the meaning
996	996	25 given to it in Section 5 of the Firearm Concealed Carry Act.
997	997	26 (b) "Stun gun or taser" as used in this Section has the
998	998
999	999
1000	1000
1001	1001
1002	1002
1003	1003	HB1405 - 27 - LRB104 03232 RLC 13254 b
1004	1004
1005	1005
1006	1006	HB1405- 28 -LRB104 03232 RLC 13254 b HB1405 - 28 - LRB104 03232 RLC 13254 b
1007	1007	HB1405 - 28 - LRB104 03232 RLC 13254 b
1008	1008	1 same definition given to it in Section 24-1 of this Code.
1009	1009	2 (c) This Section does not apply to or affect the
1010	1010	3 transportation or possession of weapons that:
1011	1011	4 (i) are broken down in a non-functioning state; or
1012	1012	5 (ii) are not immediately accessible; or
1013	1013	6 (iii) are unloaded and enclosed in a case, firearm
1014	1014	7 carrying box, shipping box, or other container by a person
1015	1015	8 who has been issued a currently valid Firearm Owner's
1016	1016	9 Identification Card.
1017	1017	10 (d) Sentence.
1018	1018	11 (1) Aggravated unlawful use of a weapon is a Class 4
1019	1019	12 felony; a second or subsequent offense is a Class 2 felony
1020	1020	13 for which the person shall be sentenced to a term of
1021	1021	14 imprisonment of not less than 3 years and not more than 7
1022	1022	15 years, except as provided for in Section 5-4.5-110 of the
1023	1023	16 Unified Code of Corrections.
1024	1024	17 (2) Except as otherwise provided in paragraphs (3) and
1025	1025	18 (4) of this subsection (d), a first offense of aggravated
1026	1026	19 unlawful use of a weapon committed with a firearm by a
1027	1027	20 person 18 years of age or older where the factors listed in
1028	1028	21 both items (A) and (C) or both items (A-5) and (C) of
1029	1029	22 paragraph (3) of subsection (a) are present is a Class 4
1030	1030	23 felony, for which the person shall be sentenced to a term
1031	1031	24 of imprisonment of not less than one year and not more than
1032	1032	25 3 years.
1033	1033	26 (3) Aggravated unlawful use of a weapon by a person
1034	1034
1035	1035
1036	1036
1037	1037
1038	1038
1039	1039	HB1405 - 28 - LRB104 03232 RLC 13254 b
1040	1040
1041	1041
1042	1042	HB1405- 29 -LRB104 03232 RLC 13254 b HB1405 - 29 - LRB104 03232 RLC 13254 b
1043	1043	HB1405 - 29 - LRB104 03232 RLC 13254 b
1044	1044	1 who has been previously convicted of a felony in this
1045	1045	2 State or another jurisdiction is a Class 2 felony for
1046	1046	3 which the person shall be sentenced to a term of
1047	1047	4 imprisonment of not less than 3 years and not more than 7
1048	1048	5 years, except as provided for in Section 5-4.5-110 of the
1049	1049	6 Unified Code of Corrections.
1050	1050	7 (4) Aggravated unlawful use of a weapon while wearing
1051	1051	8 or in possession of body armor as defined in Section 33F-1
1052	1052	9 by a person who has not been issued a valid Firearms
1053	1053	10 Owner's Identification Card in accordance with Section 5
1054	1054	11 of the Firearm Owners Identification Card Act is a Class X
1055	1055	12 felony.
1056	1056	13 (e) The possession of each firearm in violation of this
1057	1057	14 Section constitutes a single and separate violation.
1058	1058	15 (Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)
1059	1059	16 (Text of Section after amendment by P.A. 103-822)
1060	1060	17 Sec. 24-1.6. Aggravated unlawful possession of a weapon.
1061	1061	18 (a) A person commits the offense of aggravated unlawful
1062	1062	19 possession of a weapon when he or she knowingly:
1063	1063	20 (1) Carries on or about his or her person or in any
1064	1064	21 vehicle or concealed on or about his or her person except
1065	1065	22 when on his or her land or in his or her abode, legal
1066	1066	23 dwelling, or fixed place of business, or on the land or in
1067	1067	24 the legal dwelling of another person as an invitee with
1068	1068	25 that person's permission, any pistol, revolver, stun gun
1069	1069
1070	1070
1071	1071
1072	1072
1073	1073
1074	1074	HB1405 - 29 - LRB104 03232 RLC 13254 b
1075	1075
1076	1076
1077	1077	HB1405- 30 -LRB104 03232 RLC 13254 b HB1405 - 30 - LRB104 03232 RLC 13254 b
1078	1078	HB1405 - 30 - LRB104 03232 RLC 13254 b
1079	1079	1 or taser or other firearm; or
1080	1080	2 (2) Carries or possesses on or about his or her
1081	1081	3 person, upon any public street, alley, or other public
1082	1082	4 lands within the corporate limits of a city, village or
1083	1083	5 incorporated town, except when an invitee thereon or
1084	1084	6 therein, for the purpose of the display of such weapon or
1085	1085	7 the lawful commerce in weapons, or except when on his or
1086	1086	8 her own land or in his or her own abode, legal dwelling, or
1087	1087	9 fixed place of business, or on the land or in the legal
1088	1088	10 dwelling of another person as an invitee with that
1089	1089	11 person's permission, any pistol, revolver, stun gun or
1090	1090	12 taser or other firearm; and
1091	1091	13 (3) One of the following factors is present:
1092	1092	14 (A) the firearm, other than a pistol, revolver, or
1093	1093	15 handgun, possessed was uncased, loaded, and
1094	1094	16 immediately accessible at the time of the offense; or
1095	1095	17 (A-5) the pistol, revolver, or handgun possessed
1096	1096	18 was uncased, loaded, and immediately accessible at the
1097	1097	19 time of the offense and the person possessing the
1098	1098	20 pistol, revolver, or handgun has not been issued a
1099	1099	21 currently valid license under the Firearm Concealed
1100	1100	22 Carry Act; or
1101	1101	23 (B) the firearm, other than a pistol, revolver, or
1102	1102	24 handgun, possessed was uncased, unloaded, and the
1103	1103	25 ammunition for the weapon was immediately accessible
1104	1104	26 at the time of the offense; or
1105	1105
1106	1106
1107	1107
1108	1108
1109	1109
1110	1110	HB1405 - 30 - LRB104 03232 RLC 13254 b
1111	1111
1112	1112
1113	1113	HB1405- 31 -LRB104 03232 RLC 13254 b HB1405 - 31 - LRB104 03232 RLC 13254 b
1114	1114	HB1405 - 31 - LRB104 03232 RLC 13254 b
1115	1115	1 (B-5) the pistol, revolver, or handgun possessed
1116	1116	2 was uncased, unloaded, and the ammunition for the
1117	1117	3 weapon was immediately accessible at the time of the
1118	1118	4 offense and the person possessing the pistol,
1119	1119	5 revolver, or handgun has not been issued a currently
1120	1120	6 valid license under the Firearm Concealed Carry Act;
1121	1121	7 or
1122	1122	8 (C) the person possessing the firearm has not been
1123	1123	9 issued a currently valid Firearm Owner's
1124	1124	10 Identification Card; or
1125	1125	11 (D) the person possessing the weapon was
1126	1126	12 previously adjudicated a delinquent minor under the
1127	1127	13 Juvenile Court Act of 1987 for an act that if committed
1128	1128	14 by an adult would be a felony; or
1129	1129	15 (E) the person possessing the weapon was engaged
1130	1130	16 in a misdemeanor violation of the Cannabis Control
1131	1131	17 Act, in a misdemeanor violation of the Illinois
1132	1132	18 Controlled Substances Act, or in a misdemeanor
1133	1133	19 violation of the Methamphetamine Control and Community
1134	1134	20 Protection Act; or
1135	1135	21 (F) (blank); or
1136	1136	22 (G) the person possessing the weapon had an order
1137	1137	23 of protection issued against him or her within the
1138	1138	24 previous 2 years; or
1139	1139	25 (H) the person possessing the weapon was engaged
1140	1140	26 in the commission or attempted commission of a
1141	1141
1142	1142
1143	1143
1144	1144
1145	1145
1146	1146	HB1405 - 31 - LRB104 03232 RLC 13254 b
1147	1147
1148	1148
1149	1149	HB1405- 32 -LRB104 03232 RLC 13254 b HB1405 - 32 - LRB104 03232 RLC 13254 b
1150	1150	HB1405 - 32 - LRB104 03232 RLC 13254 b
1151	1151	1 misdemeanor involving the use or threat of violence
1152	1152	2 against the person or property of another; or
1153	1153	3 (I) the person possessing the weapon was under 21
1154	1154	4 years of age and in possession of a handgun, unless the
1155	1155	5 person under 21 is engaged in lawful activities under
1156	1156	6 the Wildlife Code or described in subsection
1157	1157	7 24-2(b)(1), (b)(3), or 24-2(f).
1158	1158	8 (a-5) "Handgun" as used in this Section has the meaning
1159	1159	9 given to it in Section 5 of the Firearm Concealed Carry Act.
1160	1160	10 (b) "Stun gun or taser" as used in this Section has the
1161	1161	11 same definition given to it in Section 24-1 of this Code.
1162	1162	12 (c) This Section does not apply to or affect the
1163	1163	13 transportation or possession of weapons that:
1164	1164	14 (i) are broken down in a non-functioning state; or
1165	1165	15 (ii) are not immediately accessible; or
1166	1166	16 (iii) are unloaded and enclosed in a case, firearm
1167	1167	17 carrying box, shipping box, or other container by a person
1168	1168	18 who has been issued a currently valid Firearm Owner's
1169	1169	19 Identification Card.
1170	1170	20 (d) Sentence.
1171	1171	21 (1) Aggravated unlawful possession of a weapon is a
1172	1172	22 Class 3 4 felony; a second or subsequent offense is a Class
1173	1173	23 2 felony for which the person shall be sentenced to a term
1174	1174	24 of imprisonment of not less than 3 years and not more than
1175	1175	25 7 years, except as provided for in Section 5-4.5-110 of
1176	1176	26 the Unified Code of Corrections.
1177	1177
1178	1178
1179	1179
1180	1180
1181	1181
1182	1182	HB1405 - 32 - LRB104 03232 RLC 13254 b
1183	1183
1184	1184
1185	1185	HB1405- 33 -LRB104 03232 RLC 13254 b HB1405 - 33 - LRB104 03232 RLC 13254 b
1186	1186	HB1405 - 33 - LRB104 03232 RLC 13254 b
1187	1187	1 (2) Except as otherwise provided in paragraphs (3) and
1188	1188	2 (4) of this subsection (d), a first offense of aggravated
1189	1189	3 unlawful possession of a weapon committed with a firearm
1190	1190	4 by a person 18 years of age or older where the factors
1191	1191	5 listed in both items (A) and (C) or both items (A-5) and
1192	1192	6 (C) of paragraph (3) of subsection (a) are present is a
1193	1193	7 Class 3 4 felony, for which the person shall be sentenced
1194	1194	8 to a term of imprisonment of not less than 2 one year and
1195	1195	9 not more than 5 3 years.
1196	1196	10 (3) Aggravated unlawful possession of a weapon by a
1197	1197	11 person who has been previously convicted of a felony in
1198	1198	12 this State or another jurisdiction is a Class 2 felony for
1199	1199	13 which the person shall be sentenced to a term of
1200	1200	14 imprisonment of not less than 3 years and not more than 7
1201	1201	15 years, except as provided for in Section 5-4.5-110 of the
1202	1202	16 Unified Code of Corrections.
1203	1203	17 (4) Aggravated unlawful possession of a weapon while
1204	1204	18 wearing or in possession of body armor as defined in
1205	1205	19 Section 33F-1 by a person who has not been issued a valid
1206	1206	20 Firearms Owner's Identification Card in accordance with
1207	1207	21 Section 5 of the Firearm Owners Identification Card Act is
1208	1208	22 a Class X felony.
1209	1209	23 (e) The possession of each firearm in violation of this
1210	1210	24 Section constitutes a single and separate violation.
1211	1211	25 (Source: P.A. 103-822, eff. 1-1-25.)
1212	1212
1213	1213
1214	1214
1215	1215
1216	1216
1217	1217	HB1405 - 33 - LRB104 03232 RLC 13254 b
1218	1218
1219	1219
1220	1220	HB1405- 34 -LRB104 03232 RLC 13254 b HB1405 - 34 - LRB104 03232 RLC 13254 b
1221	1221	HB1405 - 34 - LRB104 03232 RLC 13254 b
1222	1222	1 (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
1223	1223	2 Sec. 24-3.1. Unlawful possession of firearms and firearm
1224	1224	3 ammunition.
1225	1225	4 (a) A person commits the offense of unlawful possession of
1226	1226	5 firearms or firearm ammunition when:
1227	1227	6 (1) He or she is under 18 years of age and has in his
1228	1228	7 or her possession any firearm of a size which may be
1229	1229	8 concealed upon the person; or
1230	1230	9 (2) He or she is under 21 years of age, has been
1231	1231	10 convicted of a misdemeanor other than a traffic offense or
1232	1232	11 adjudged delinquent and has any firearms or firearm
1233	1233	12 ammunition in his or her possession; or
1234	1234	13 (3) He or she is a narcotic addict and has any firearms
1235	1235	14 or firearm ammunition in his or her possession; or
1236	1236	15 (4) He or she has been a patient in a mental
1237	1237	16 institution within the past 5 years and has any firearms
1238	1238	17 or firearm ammunition in his or her possession. For
1239	1239	18 purposes of this paragraph (4):
1240	1240	19 "Mental institution" means any hospital,
1241	1241	20 institution, clinic, evaluation facility, mental
1242	1242	21 health center, or part thereof, which is used
1243	1243	22 primarily for the care or treatment of persons with
1244	1244	23 mental illness.
1245	1245	24 "Patient in a mental institution" means the person
1246	1246	25 was admitted, either voluntarily or involuntarily, to
1247	1247	26 a mental institution for mental health treatment,
1248	1248
1249	1249
1250	1250
1251	1251
1252	1252
1253	1253	HB1405 - 34 - LRB104 03232 RLC 13254 b
1254	1254
1255	1255
1256	1256	HB1405- 35 -LRB104 03232 RLC 13254 b HB1405 - 35 - LRB104 03232 RLC 13254 b
1257	1257	HB1405 - 35 - LRB104 03232 RLC 13254 b
1258	1258	1 unless the treatment was voluntary and solely for an
1259	1259	2 alcohol abuse disorder and no other secondary
1260	1260	3 substance abuse disorder or mental illness; or
1261	1261	4 (5) He or she is a person with an intellectual
1262	1262	5 disability and has any firearms or firearm ammunition in
1263	1263	6 his or her possession; or
1264	1264	7 (6) He or she has in his or her possession any
1265	1265	8 explosive bullet.
1266	1266	9 For purposes of this paragraph "explosive bullet" means
1267	1267	10 the projectile portion of an ammunition cartridge which
1268	1268	11 contains or carries an explosive charge which will explode
1269	1269	12 upon contact with the flesh of a human or an animal.
1270	1270	13 "Cartridge" means a tubular metal case having a projectile
1271	1271	14 affixed at the front thereof and a cap or primer at the rear
1272	1272	15 end thereof, with the propellant contained in such tube
1273	1273	16 between the projectile and the cap.
1274	1274	17 (b) Sentence.
1275	1275	18 Unlawful possession of firearms, other than handguns, and
1276	1276	19 firearm ammunition is a Class A misdemeanor. Unlawful
1277	1277	20 possession of firearms handguns is a Class 4 felony. The
1278	1278	21 possession of each firearm or firearm ammunition in violation
1279	1279	22 of this Section constitutes a single and separate violation.
1280	1280	23 (c) Nothing in paragraph (1) of subsection (a) of this
1281	1281	24 Section prohibits a person under 18 years of age from
1282	1282	25 participating in any lawful recreational activity with a
1283	1283	26 firearm such as, but not limited to, practice shooting at
1284	1284
1285	1285
1286	1286
1287	1287
1288	1288
1289	1289	HB1405 - 35 - LRB104 03232 RLC 13254 b
1290	1290
1291	1291
1292	1292	HB1405- 36 -LRB104 03232 RLC 13254 b HB1405 - 36 - LRB104 03232 RLC 13254 b
1293	1293	HB1405 - 36 - LRB104 03232 RLC 13254 b
1294	1294	1 targets upon established public or private target ranges or
1295	1295	2 hunting, trapping, or fishing in accordance with the Wildlife
1296	1296	3 Code or the Fish and Aquatic Life Code.
1297	1297	4 (Source: P.A. 99-143, eff. 7-27-15.)
1298	1298
1299	1299
1300	1300
1301	1301
1302	1302
1303	1303	HB1405 - 36 - LRB104 03232 RLC 13254 b