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 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. 24-3.1 720 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 LRB104 03232 RLC 13254 b A BILL FOR HB1405LRB104 03232 RLC 13254 b HB1405 LRB104 03232 RLC 13254 b HB1405 LRB104 03232 RLC 13254 b 1 AN ACT concerning criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Criminal Code of 2012 is amended by 5 changing Sections 24-1, 24-1.6, and 24-3.1 as follows: 6 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1) 7 (Text of Section before amendment by P.A. 103-822) 8 Sec. 24-1. Unlawful use of weapons. 9 (a) A person commits the offense of unlawful use of 10 weapons when he knowingly: 11 (1) Sells, manufactures, purchases, possesses or 12 carries any bludgeon, black-jack, slung-shot, sand-club, 13 sand-bag, metal knuckles or other knuckle weapon 14 regardless of its composition, throwing star, or any 15 knife, commonly referred to as a switchblade knife, which 16 has a blade that opens automatically by hand pressure 17 applied to a button, spring or other device in the handle 18 of the knife, or a ballistic knife, which is a device that 19 propels a knifelike blade as a projectile by means of a 20 coil spring, elastic material or compressed gas; or 21 (2) Carries or possesses with intent to use the same 22 unlawfully against another, a dagger, dirk, billy, 23 dangerous knife, razor, stiletto, broken bottle or other 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. 24-3.1 720 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 LRB104 03232 RLC 13254 b A BILL FOR 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 LRB104 03232 RLC 13254 b HB1405 LRB104 03232 RLC 13254 b HB1405- 2 -LRB104 03232 RLC 13254 b HB1405 - 2 - LRB104 03232 RLC 13254 b HB1405 - 2 - LRB104 03232 RLC 13254 b 1 piece of glass, stun gun or taser or any other dangerous or 2 deadly weapon or instrument of like character; or 3 (2.5) Carries or possesses with intent to use the same 4 unlawfully against another, any firearm in a church, 5 synagogue, mosque, or other building, structure, or place 6 used for religious worship; or 7 (3) Carries on or about his person or in any vehicle, a 8 tear gas gun projector or bomb or any object containing 9 noxious liquid gas or substance, other than an object 10 containing a non-lethal noxious liquid gas or substance 11 designed solely for personal defense carried by a person 12 18 years of age or older; or 13 (4) Carries or possesses in any vehicle or concealed 14 on or about his person except when on his land or in his 15 own abode, legal dwelling, or fixed place of business, or 16 on the land or in the legal dwelling of another person as 17 an invitee with that person's permission, any pistol, 18 revolver, stun gun or taser or other firearm, except that 19 this subsection (a)(4) does not apply to or affect 20 transportation of weapons that meet one of the following 21 conditions: 22 (i) are broken down in a non-functioning state; or 23 (ii) are not immediately accessible; or 24 (iii) are unloaded and enclosed in a case, firearm 25 carrying box, shipping box, or other container by a 26 person who has been issued a currently valid Firearm HB1405 - 2 - LRB104 03232 RLC 13254 b HB1405- 3 -LRB104 03232 RLC 13254 b HB1405 - 3 - LRB104 03232 RLC 13254 b HB1405 - 3 - LRB104 03232 RLC 13254 b 1 Owner's Identification Card; or 2 (iv) are carried or possessed in accordance with 3 the Firearm Concealed Carry Act by a person who has 4 been issued a currently valid license under the 5 Firearm Concealed Carry Act; or 6 (5) Sets a spring gun; or 7 (6) Possesses any device or attachment of any kind 8 designed, used or intended for use in silencing the report 9 of any firearm; or 10 (7) Sells, manufactures, purchases, possesses or 11 carries: 12 (i) a machine gun, which shall be defined for the 13 purposes of this subsection as any weapon, which 14 shoots, is designed to shoot, or can be readily 15 restored to shoot, automatically more than one shot 16 without manually reloading by a single function of the 17 trigger, including the frame or receiver of any such 18 weapon, or sells, manufactures, purchases, possesses, 19 or carries any combination of parts designed or 20 intended for use in converting any weapon into a 21 machine gun, or any combination or parts from which a 22 machine gun can be assembled if such parts are in the 23 possession or under the control of a person; 24 (ii) any rifle having one or more barrels less 25 than 16 inches in length or a shotgun having one or 26 more barrels less than 18 inches in length or any HB1405 - 3 - LRB104 03232 RLC 13254 b HB1405- 4 -LRB104 03232 RLC 13254 b HB1405 - 4 - LRB104 03232 RLC 13254 b HB1405 - 4 - LRB104 03232 RLC 13254 b 1 weapon made from a rifle or shotgun, whether by 2 alteration, modification, or otherwise, if such a 3 weapon as modified has an overall length of less than 4 26 inches; or 5 (iii) any bomb, bomb-shell, grenade, bottle or 6 other container containing an explosive substance of 7 over one-quarter ounce for like purposes, such as, but 8 not limited to, black powder bombs and Molotov 9 cocktails or artillery projectiles; or 10 (8) Carries or possesses any firearm, stun gun or 11 taser or other deadly weapon in any place which is 12 licensed to sell intoxicating beverages, or at any public 13 gathering held pursuant to a license issued by any 14 governmental body or any public gathering at which an 15 admission is charged, excluding a place where a showing, 16 demonstration or lecture involving the exhibition of 17 unloaded firearms is conducted. 18 This subsection (a)(8) does not apply to any auction 19 or raffle of a firearm held pursuant to a license or permit 20 issued by a governmental body, nor does it apply to 21 persons engaged in firearm safety training courses; or 22 (9) Carries or possesses in a vehicle or on or about 23 his or her person any pistol, revolver, stun gun or taser 24 or firearm or ballistic knife, when he or she is hooded, 25 robed or masked in such manner as to conceal his or her 26 identity; or HB1405 - 4 - LRB104 03232 RLC 13254 b HB1405- 5 -LRB104 03232 RLC 13254 b HB1405 - 5 - LRB104 03232 RLC 13254 b HB1405 - 5 - LRB104 03232 RLC 13254 b 1 (10) Carries or possesses on or about his or her 2 person, upon any public street, alley, or other public 3 lands within the corporate limits of a city, village, or 4 incorporated town, except when an invitee thereon or 5 therein, for the purpose of the display of such weapon or 6 the lawful commerce in weapons, or except when on his land 7 or in his or her own abode, legal dwelling, or fixed place 8 of business, or on the land or in the legal dwelling of 9 another person as an invitee with that person's 10 permission, any pistol, revolver, stun gun, or taser or 11 other firearm, except that this subsection (a)(10) does 12 not apply to or affect transportation of weapons that meet 13 one of the following conditions: 14 (i) are broken down in a non-functioning state; or 15 (ii) are not immediately accessible; or 16 (iii) are unloaded and enclosed in a case, firearm 17 carrying box, shipping box, or other container by a 18 person who has been issued a currently valid Firearm 19 Owner's Identification Card; or 20 (iv) are carried or possessed in accordance with 21 the Firearm Concealed Carry Act by a person who has 22 been issued a currently valid license under the 23 Firearm Concealed Carry Act. 24 A "stun gun or taser", as used in this paragraph (a) 25 means (i) any device which is powered by electrical 26 charging units, such as, batteries, and which fires one or HB1405 - 5 - LRB104 03232 RLC 13254 b HB1405- 6 -LRB104 03232 RLC 13254 b HB1405 - 6 - LRB104 03232 RLC 13254 b HB1405 - 6 - LRB104 03232 RLC 13254 b 1 several barbs attached to a length of wire and which, upon 2 hitting a human, can send out a current capable of 3 disrupting the person's nervous system in such a manner as 4 to render him incapable of normal functioning or (ii) any 5 device which is powered by electrical charging units, such 6 as batteries, and which, upon contact with a human or 7 clothing worn by a human, can send out current capable of 8 disrupting the person's nervous system in such a manner as 9 to render him incapable of normal functioning; or 10 (11) Sells, manufactures, delivers, imports, 11 possesses, or purchases any assault weapon attachment or 12 .50 caliber cartridge in violation of Section 24-1.9 or 13 any explosive bullet. For purposes of this paragraph (a) 14 "explosive bullet" means the projectile portion of an 15 ammunition cartridge which contains or carries an 16 explosive charge which will explode upon contact with the 17 flesh of a human or an animal. "Cartridge" means a tubular 18 metal case having a projectile affixed at the front 19 thereof and a cap or primer at the rear end thereof, with 20 the propellant contained in such tube between the 21 projectile and the cap; or 22 (12) (Blank); or 23 (13) Carries or possesses on or about his or her 24 person while in a building occupied by a unit of 25 government, a billy club, other weapon of like character, 26 or other instrument of like character intended for use as HB1405 - 6 - LRB104 03232 RLC 13254 b HB1405- 7 -LRB104 03232 RLC 13254 b HB1405 - 7 - LRB104 03232 RLC 13254 b HB1405 - 7 - LRB104 03232 RLC 13254 b 1 a weapon. For the purposes of this Section, "billy club" 2 means a short stick or club commonly carried by police 3 officers which is either telescopic or constructed of a 4 solid piece of wood or other man-made material; or 5 (14) Manufactures, possesses, sells, or offers to 6 sell, purchase, manufacture, import, transfer, or use any 7 device, part, kit, tool, accessory, or combination of 8 parts that is designed to and functions to increase the 9 rate of fire of a semiautomatic firearm above the standard 10 rate of fire for semiautomatic firearms that is not 11 equipped with that device, part, or combination of parts; 12 or 13 (15) Carries or possesses any assault weapon or .50 14 caliber rifle in violation of Section 24-1.9; or 15 (16) Manufactures, sells, delivers, imports, or 16 purchases any assault weapon or .50 caliber rifle in 17 violation of Section 24-1.9. 18 (b) Sentence. A person convicted of a violation of 19 subsection 24-1(a)(1) through (5), subsection 24-1(a)(10), 20 subsection 24-1(a)(11), subsection 24-1(a)(13), or 24-1(a)(15) 21 commits a Class A misdemeanor. A person convicted of a 22 violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a 23 Class 4 felony; a person convicted of a violation of 24 subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or 25 24-1(a)(16) commits a Class 3 felony. A person convicted of a 26 violation of subsection 24-1(a)(7)(i) commits a Class 2 felony HB1405 - 7 - LRB104 03232 RLC 13254 b HB1405- 8 -LRB104 03232 RLC 13254 b HB1405 - 8 - LRB104 03232 RLC 13254 b HB1405 - 8 - LRB104 03232 RLC 13254 b 1 and shall be sentenced to a term of imprisonment of not less 2 than 3 years and not more than 7 years, unless the weapon is 3 possessed in the passenger compartment of a motor vehicle as 4 defined in Section 1-146 of the Illinois Vehicle Code, or on 5 the person, while the weapon is loaded, in which case it shall 6 be a Class X felony. A person convicted of a second or 7 subsequent violation of subsection 24-1(a)(4), 24-1(a)(8), 8 24-1(a)(9), 24-1(a)(10), or 24-1(a)(15) commits a Class 3 9 felony. A person convicted of a violation of subsection 10 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The 11 possession of each weapon or device in violation of this 12 Section constitutes a single and separate violation. 13 (c) Violations in specific places. 14 (1) A person who violates subsection 24-1(a)(6) or 15 24-1(a)(7) in any school, regardless of the time of day or 16 the time of year, in residential property owned, operated 17 or managed by a public housing agency or leased by a public 18 housing agency as part of a scattered site or mixed-income 19 development, in a public park, in a courthouse, on the 20 real property comprising any school, regardless of the 21 time of day or the time of year, on residential property 22 owned, operated or managed by a public housing agency or 23 leased by a public housing agency as part of a scattered 24 site or mixed-income development, on the real property 25 comprising any public park, on the real property 26 comprising any courthouse, in any conveyance owned, leased HB1405 - 8 - LRB104 03232 RLC 13254 b HB1405- 9 -LRB104 03232 RLC 13254 b HB1405 - 9 - LRB104 03232 RLC 13254 b HB1405 - 9 - LRB104 03232 RLC 13254 b 1 or contracted by a school to transport students to or from 2 school or a school related activity, in any conveyance 3 owned, leased, or contracted by a public transportation 4 agency, or on any public way within 1,000 feet of the real 5 property comprising any school, public park, courthouse, 6 public transportation facility, or residential property 7 owned, operated, or managed by a public housing agency or 8 leased by a public housing agency as part of a scattered 9 site or mixed-income development commits a Class 2 felony 10 and shall be sentenced to a term of imprisonment of not 11 less than 3 years and not more than 7 years. 12 (1.5) A person who violates subsection 24-1(a)(4), 13 24-1(a)(9), or 24-1(a)(10) in any school, regardless of 14 the time of day or the time of year, in residential 15 property owned, operated, or managed by a public housing 16 agency or leased by a public housing agency as part of a 17 scattered site or mixed-income development, in a public 18 park, in a courthouse, on the real property comprising any 19 school, regardless of the time of day or the time of year, 20 on residential property owned, operated, or managed by a 21 public housing agency or leased by a public housing agency 22 as part of a scattered site or mixed-income development, 23 on the real property comprising any public park, on the 24 real property comprising any courthouse, in any conveyance 25 owned, leased, or contracted by a school to transport 26 students to or from school or a school related activity, HB1405 - 9 - LRB104 03232 RLC 13254 b HB1405- 10 -LRB104 03232 RLC 13254 b HB1405 - 10 - LRB104 03232 RLC 13254 b HB1405 - 10 - LRB104 03232 RLC 13254 b 1 in any conveyance owned, leased, or contracted by a public 2 transportation agency, or on any public way within 1,000 3 feet of the real property comprising any school, public 4 park, courthouse, public transportation facility, or 5 residential property owned, operated, or managed by a 6 public housing agency or leased by a public housing agency 7 as part of a scattered site or mixed-income development 8 commits a Class 3 felony. 9 (2) A person who violates subsection 24-1(a)(1), 10 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the 11 time of day or the time of year, in residential property 12 owned, operated or managed by a public housing agency or 13 leased by a public housing agency as part of a scattered 14 site or mixed-income development, in a public park, in a 15 courthouse, on the real property comprising any school, 16 regardless of the time of day or the time of year, on 17 residential property owned, operated or managed by a 18 public housing agency or leased by a public housing agency 19 as part of a scattered site or mixed-income development, 20 on the real property comprising any public park, on the 21 real property comprising any courthouse, in any conveyance 22 owned, leased or contracted by a school to transport 23 students to or from school or a school related activity, 24 in any conveyance owned, leased, or contracted by a public 25 transportation agency, or on any public way within 1,000 26 feet of the real property comprising any school, public HB1405 - 10 - LRB104 03232 RLC 13254 b HB1405- 11 -LRB104 03232 RLC 13254 b HB1405 - 11 - LRB104 03232 RLC 13254 b HB1405 - 11 - LRB104 03232 RLC 13254 b 1 park, courthouse, public transportation facility, or 2 residential property owned, operated, or managed by a 3 public housing agency or leased by a public housing agency 4 as part of a scattered site or mixed-income development 5 commits a Class 4 felony. "Courthouse" means any building 6 that is used by the Circuit, Appellate, or Supreme Court 7 of this State for the conduct of official business. 8 (3) Paragraphs (1), (1.5), and (2) of this subsection 9 (c) shall not apply to law enforcement officers or 10 security officers of such school, college, or university 11 or to students carrying or possessing firearms for use in 12 training courses, parades, hunting, target shooting on 13 school ranges, or otherwise with the consent of school 14 authorities and which firearms are transported unloaded 15 enclosed in a suitable case, box, or transportation 16 package. 17 (4) For the purposes of this subsection (c), "school" 18 means any public or private elementary or secondary 19 school, community college, college, or university. 20 (5) For the purposes of this subsection (c), "public 21 transportation agency" means a public or private agency 22 that provides for the transportation or conveyance of 23 persons by means available to the general public, except 24 for transportation by automobiles not used for conveyance 25 of the general public as passengers; and "public 26 transportation facility" means a terminal or other place HB1405 - 11 - LRB104 03232 RLC 13254 b HB1405- 12 -LRB104 03232 RLC 13254 b HB1405 - 12 - LRB104 03232 RLC 13254 b HB1405 - 12 - LRB104 03232 RLC 13254 b 1 where one may obtain public transportation. 2 (d) The presence in an automobile other than a public 3 omnibus of any weapon, instrument or substance referred to in 4 subsection (a)(7) is prima facie evidence that it is in the 5 possession of, and is being carried by, all persons occupying 6 such automobile at the time such weapon, instrument or 7 substance is found, except under the following circumstances: 8 (i) if such weapon, instrument or instrumentality is found 9 upon the person of one of the occupants therein; or (ii) if 10 such weapon, instrument or substance is found in an automobile 11 operated for hire by a duly licensed driver in the due, lawful 12 and proper pursuit of his or her trade, then such presumption 13 shall not apply to the driver. 14 (e) Exemptions. 15 (1) Crossbows, Common or Compound bows and Underwater 16 Spearguns are exempted from the definition of ballistic 17 knife as defined in paragraph (1) of subsection (a) of 18 this Section. 19 (2) The provision of paragraph (1) of subsection (a) 20 of this Section prohibiting the sale, manufacture, 21 purchase, possession, or carrying of any knife, commonly 22 referred to as a switchblade knife, which has a blade that 23 opens automatically by hand pressure applied to a button, 24 spring or other device in the handle of the knife, does not 25 apply to a person who possesses a currently valid Firearm 26 Owner's Identification Card previously issued in his or HB1405 - 12 - LRB104 03232 RLC 13254 b HB1405- 13 -LRB104 03232 RLC 13254 b HB1405 - 13 - LRB104 03232 RLC 13254 b HB1405 - 13 - LRB104 03232 RLC 13254 b 1 her name by the Illinois State Police or to a person or an 2 entity engaged in the business of selling or manufacturing 3 switchblade knives. 4 (Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21; 5 102-1116, eff. 1-10-23.) 6 (Text of Section after amendment by P.A. 103-822) 7 Sec. 24-1. Unlawful possession of weapons. 8 (a) A person commits the offense of unlawful possession of 9 weapons when he knowingly: 10 (1) Sells, manufactures, purchases, possesses or 11 carries any bludgeon, black-jack, slung-shot, sand-club, 12 sand-bag, metal knuckles or other knuckle weapon 13 regardless of its composition, throwing star, or any 14 knife, commonly referred to as a switchblade knife, which 15 has a blade that opens automatically by hand pressure 16 applied to a button, spring or other device in the handle 17 of the knife, or a ballistic knife, which is a device that 18 propels a knifelike blade as a projectile by means of a 19 coil spring, elastic material or compressed gas; or 20 (2) Carries or possesses with intent to use the same 21 unlawfully against another, a dagger, dirk, billy, 22 dangerous knife, razor, stiletto, broken bottle or other 23 piece of glass, stun gun or taser or any other dangerous or 24 deadly weapon or instrument of like character; or 25 (2.5) Carries or possesses with intent to use the same HB1405 - 13 - LRB104 03232 RLC 13254 b HB1405- 14 -LRB104 03232 RLC 13254 b HB1405 - 14 - LRB104 03232 RLC 13254 b HB1405 - 14 - LRB104 03232 RLC 13254 b 1 unlawfully against another, any firearm in a church, 2 synagogue, mosque, or other building, structure, or place 3 used for religious worship; or 4 (3) Carries on or about his person or in any vehicle, a 5 tear gas gun projector or bomb or any object containing 6 noxious liquid gas or substance, other than an object 7 containing a non-lethal noxious liquid gas or substance 8 designed solely for personal defense carried by a person 9 18 years of age or older; or 10 (4) Carries or possesses in any vehicle or concealed 11 on or about his or her person except when on his or her 12 land or in his or her own abode, legal dwelling, or fixed 13 place of business, or on the land or in the legal dwelling 14 of another person as an invitee with that person's 15 permission, any pistol, revolver, stun gun or taser or 16 other firearm, except that this subsection (a)(4) does not 17 apply to or affect transportation of weapons that meet one 18 of the following conditions: 19 (i) are broken down in a non-functioning state; or 20 (ii) are not immediately accessible; or 21 (iii) are unloaded and enclosed in a case, firearm 22 carrying box, shipping box, or other container by a 23 person who has been issued a currently valid Firearm 24 Owner's Identification Card; or 25 (iv) are carried or possessed in accordance with 26 the Firearm Concealed Carry Act by a person who has HB1405 - 14 - LRB104 03232 RLC 13254 b HB1405- 15 -LRB104 03232 RLC 13254 b HB1405 - 15 - LRB104 03232 RLC 13254 b HB1405 - 15 - LRB104 03232 RLC 13254 b 1 been issued a currently valid license under the 2 Firearm Concealed Carry Act; or 3 (5) Sets a spring gun; or 4 (6) Possesses any device or attachment of any kind 5 designed, used or intended for use in silencing the report 6 of any firearm; or 7 (7) Sells, manufactures, purchases, possesses or 8 carries: 9 (i) a machine gun, which shall be defined for the 10 purposes of this subsection as any weapon, which 11 shoots, is designed to shoot, or can be readily 12 restored to shoot, automatically more than one shot 13 without manually reloading by a single function of the 14 trigger, including the frame or receiver of any such 15 weapon, or sells, manufactures, purchases, possesses, 16 or carries any combination of parts designed or 17 intended for use in converting any weapon into a 18 machine gun, or any combination or parts from which a 19 machine gun can be assembled if such parts are in the 20 possession or under the control of a person; 21 (ii) any rifle having one or more barrels less 22 than 16 inches in length or a shotgun having one or 23 more barrels less than 18 inches in length or any 24 weapon made from a rifle or shotgun, whether by 25 alteration, modification, or otherwise, if such a 26 weapon as modified has an overall length of less than HB1405 - 15 - LRB104 03232 RLC 13254 b HB1405- 16 -LRB104 03232 RLC 13254 b HB1405 - 16 - LRB104 03232 RLC 13254 b HB1405 - 16 - LRB104 03232 RLC 13254 b 1 26 inches; or 2 (iii) any bomb, bomb-shell, grenade, bottle or 3 other container containing an explosive substance of 4 over one-quarter ounce for like purposes, such as, but 5 not limited to, black powder bombs and Molotov 6 cocktails or artillery projectiles; or 7 (8) Carries or possesses any firearm, stun gun or 8 taser or other deadly weapon in any place which is 9 licensed to sell intoxicating beverages, or at any public 10 gathering held pursuant to a license issued by any 11 governmental body or any public gathering at which an 12 admission is charged, excluding a place where a showing, 13 demonstration or lecture involving the exhibition of 14 unloaded firearms is conducted. 15 This subsection (a)(8) does not apply to any auction 16 or raffle of a firearm held pursuant to a license or permit 17 issued by a governmental body, nor does it apply to 18 persons engaged in firearm safety training courses; or 19 (9) Carries or possesses in a vehicle or on or about 20 his or her person any pistol, revolver, stun gun or taser 21 or firearm or ballistic knife, when he or she is hooded, 22 robed or masked in such manner as to conceal his or her 23 identity; or 24 (10) Carries or possesses on or about his or her 25 person, upon any public street, alley, or other public 26 lands within the corporate limits of a city, village, or HB1405 - 16 - LRB104 03232 RLC 13254 b HB1405- 17 -LRB104 03232 RLC 13254 b HB1405 - 17 - LRB104 03232 RLC 13254 b HB1405 - 17 - LRB104 03232 RLC 13254 b 1 incorporated town, except when an invitee thereon or 2 therein, for the purpose of the display of such weapon or 3 the lawful commerce in weapons, or except when on his or 4 her land or in his or her own abode, legal dwelling, or 5 fixed place of business, or on the land or in the legal 6 dwelling of another person as an invitee with that 7 person's permission, any pistol, revolver, stun gun, or 8 taser or other firearm, except that this subsection 9 (a)(10) does not apply to or affect transportation of 10 weapons that meet one of the following conditions: 11 (i) are broken down in a non-functioning state; or 12 (ii) are not immediately accessible; or 13 (iii) are unloaded and enclosed in a case, firearm 14 carrying box, shipping box, or other container by a 15 person who has been issued a currently valid Firearm 16 Owner's Identification Card; or 17 (iv) are carried or possessed in accordance with 18 the Firearm Concealed Carry Act by a person who has 19 been issued a currently valid license under the 20 Firearm Concealed Carry Act. 21 A "stun gun or taser", as used in this paragraph (a) 22 means (i) any device which is powered by electrical 23 charging units, such as, batteries, and which fires one or 24 several barbs attached to a length of wire and which, upon 25 hitting a human, can send out a current capable of 26 disrupting the person's nervous system in such a manner as HB1405 - 17 - LRB104 03232 RLC 13254 b HB1405- 18 -LRB104 03232 RLC 13254 b HB1405 - 18 - LRB104 03232 RLC 13254 b HB1405 - 18 - LRB104 03232 RLC 13254 b 1 to render him incapable of normal functioning or (ii) any 2 device which is powered by electrical charging units, such 3 as batteries, and which, upon contact with a human or 4 clothing worn by a human, can send out current capable of 5 disrupting the person's nervous system in such a manner as 6 to render him incapable of normal functioning; or 7 (11) Sells, manufactures, delivers, imports, 8 possesses, or purchases any assault weapon attachment or 9 .50 caliber cartridge in violation of Section 24-1.9 or 10 any explosive bullet. For purposes of this paragraph (a) 11 "explosive bullet" means the projectile portion of an 12 ammunition cartridge which contains or carries an 13 explosive charge which will explode upon contact with the 14 flesh of a human or an animal. "Cartridge" means a tubular 15 metal case having a projectile affixed at the front 16 thereof and a cap or primer at the rear end thereof, with 17 the propellant contained in such tube between the 18 projectile and the cap; or 19 (12) (Blank); or 20 (13) Carries or possesses on or about his or her 21 person while in a building occupied by a unit of 22 government, a billy club, other weapon of like character, 23 or other instrument of like character intended for use as 24 a weapon. For the purposes of this Section, "billy club" 25 means a short stick or club commonly carried by police 26 officers which is either telescopic or constructed of a HB1405 - 18 - LRB104 03232 RLC 13254 b HB1405- 19 -LRB104 03232 RLC 13254 b HB1405 - 19 - LRB104 03232 RLC 13254 b HB1405 - 19 - LRB104 03232 RLC 13254 b 1 solid piece of wood or other man-made material; or 2 (14) Manufactures, possesses, sells, or offers to 3 sell, purchase, manufacture, import, transfer, or use any 4 device, part, kit, tool, accessory, or combination of 5 parts that is designed to and functions to increase the 6 rate of fire of a semiautomatic firearm above the standard 7 rate of fire for semiautomatic firearms that is not 8 equipped with that device, part, or combination of parts; 9 or 10 (15) Carries or possesses any assault weapon or .50 11 caliber rifle in violation of Section 24-1.9; or 12 (16) Manufactures, sells, delivers, imports, or 13 purchases any assault weapon or .50 caliber rifle in 14 violation of Section 24-1.9. 15 (b) Sentence. A person convicted of a violation of 16 subsection 24-1(a)(1), subsection 24-1(a)(2), subsection 17 24-1(a)(3), subsection 24-1(a)(5), through (5), subsection 18 24-1(a)(10), subsection 24-1(a)(11), subsection 24-1(a)(13), 19 or 24-1(a)(15) commits a Class A misdemeanor. A person 20 convicted of a violation of subsection 24-1(a)(4), 21 24-1(a)(10), 24-1(a)(8) or 24-1(a)(9) commits a Class 4 22 felony; a person convicted of a violation of subsection 23 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or 24-1(a)(16) 24 commits a Class 3 felony. A person convicted of a violation of 25 subsection 24-1(a)(7)(i) commits a Class 2 felony and shall be 26 sentenced to a term of imprisonment of not less than 3 years HB1405 - 19 - LRB104 03232 RLC 13254 b HB1405- 20 -LRB104 03232 RLC 13254 b HB1405 - 20 - LRB104 03232 RLC 13254 b HB1405 - 20 - LRB104 03232 RLC 13254 b 1 and not more than 7 years, unless the weapon is possessed in 2 the passenger compartment of a motor vehicle as defined in 3 Section 1-146 of the Illinois Vehicle Code, or on the person, 4 while the weapon is loaded, in which case it shall be a Class X 5 felony. A person convicted of a second or subsequent violation 6 of subsection 24-1(a)(4), 24-1(a)(8), 24-1(a)(9), 24-1(a)(10), 7 or 24-1(a)(15) commits a Class 3 felony. A person convicted of 8 a violation of subsection 24-1(a)(2.5) or 24-1(a)(14) commits 9 a Class 2 felony. The possession of each weapon or device in 10 violation of this Section constitutes a single and separate 11 violation. 12 (c) Violations in specific places. 13 (1) A person who violates subsection 24-1(a)(6) or 14 24-1(a)(7) in any school, regardless of the time of day or 15 the time of year, in residential property owned, operated 16 or managed by a public housing agency or leased by a public 17 housing agency as part of a scattered site or mixed-income 18 development, in a public park, in a courthouse, on the 19 real property comprising any school, regardless of the 20 time of day or the time of year, on residential property 21 owned, operated or managed by a public housing agency or 22 leased by a public housing agency as part of a scattered 23 site or mixed-income development, on the real property 24 comprising any public park, on the real property 25 comprising any courthouse, in any conveyance owned, leased 26 or contracted by a school to transport students to or from HB1405 - 20 - LRB104 03232 RLC 13254 b HB1405- 21 -LRB104 03232 RLC 13254 b HB1405 - 21 - LRB104 03232 RLC 13254 b HB1405 - 21 - LRB104 03232 RLC 13254 b 1 school or a school related activity, in any conveyance 2 owned, leased, or contracted by a public transportation 3 agency, or on any public way within 1,000 feet of the real 4 property comprising any school, public park, courthouse, 5 public transportation facility, or residential property 6 owned, operated, or managed by a public housing agency or 7 leased by a public housing agency as part of a scattered 8 site or mixed-income development commits a Class 2 felony 9 and shall be sentenced to a term of imprisonment of not 10 less than 3 years and not more than 7 years. 11 (1.5) A person who violates subsection 24-1(a)(4), 12 24-1(a)(9), or 24-1(a)(10) in any school, regardless of 13 the time of day or the time of year, in residential 14 property owned, operated, or managed by a public housing 15 agency or leased by a public housing agency as part of a 16 scattered site or mixed-income development, in a public 17 park, in a courthouse, on the real property comprising any 18 school, regardless of the time of day or the time of year, 19 on residential property owned, operated, or managed by a 20 public housing agency or leased by a public housing agency 21 as part of a scattered site or mixed-income development, 22 on the real property comprising any public park, on the 23 real property comprising any courthouse, in any conveyance 24 owned, leased, or contracted by a school to transport 25 students to or from school or a school related activity, 26 in any conveyance owned, leased, or contracted by a public HB1405 - 21 - LRB104 03232 RLC 13254 b HB1405- 22 -LRB104 03232 RLC 13254 b HB1405 - 22 - LRB104 03232 RLC 13254 b HB1405 - 22 - LRB104 03232 RLC 13254 b 1 transportation agency, or on any public way within 1,000 2 feet of the real property comprising any school, public 3 park, courthouse, public transportation facility, or 4 residential property owned, operated, or managed by a 5 public housing agency or leased by a public housing agency 6 as part of a scattered site or mixed-income development 7 commits a Class 3 felony. 8 (2) A person who violates subsection 24-1(a)(1), 9 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the 10 time of day or the time of year, in residential property 11 owned, operated or managed by a public housing agency or 12 leased by a public housing agency as part of a scattered 13 site or mixed-income development, in a public park, in a 14 courthouse, on the real property comprising any school, 15 regardless of the time of day or the time of year, on 16 residential property owned, operated or managed by a 17 public housing agency or leased by a public housing agency 18 as part of a scattered site or mixed-income development, 19 on the real property comprising any public park, on the 20 real property comprising any courthouse, in any conveyance 21 owned, leased or contracted by a school to transport 22 students to or from school or a school related activity, 23 in any conveyance owned, leased, or contracted by a public 24 transportation agency, or on any public way within 1,000 25 feet of the real property comprising any school, public 26 park, courthouse, public transportation facility, or HB1405 - 22 - LRB104 03232 RLC 13254 b HB1405- 23 -LRB104 03232 RLC 13254 b HB1405 - 23 - LRB104 03232 RLC 13254 b HB1405 - 23 - LRB104 03232 RLC 13254 b 1 residential property owned, operated, or managed by a 2 public housing agency or leased by a public housing agency 3 as part of a scattered site or mixed-income development 4 commits a Class 4 felony. "Courthouse" means any building 5 that is used by the Circuit, Appellate, or Supreme Court 6 of this State for the conduct of official business. 7 (3) Paragraphs (1), (1.5), and (2) of this subsection 8 (c) shall not apply to law enforcement officers or 9 security officers of such school, college, or university 10 or to students carrying or possessing firearms for use in 11 training courses, parades, hunting, target shooting on 12 school ranges, or otherwise with the consent of school 13 authorities and which firearms are transported unloaded 14 enclosed in a suitable case, box, or transportation 15 package. 16 (4) For the purposes of this subsection (c), "school" 17 means any public or private elementary or secondary 18 school, community college, college, or university. 19 (5) For the purposes of this subsection (c), "public 20 transportation agency" means a public or private agency 21 that provides for the transportation or conveyance of 22 persons by means available to the general public, except 23 for transportation by automobiles not used for conveyance 24 of the general public as passengers; and "public 25 transportation facility" means a terminal or other place 26 where one may obtain public transportation. HB1405 - 23 - LRB104 03232 RLC 13254 b HB1405- 24 -LRB104 03232 RLC 13254 b HB1405 - 24 - LRB104 03232 RLC 13254 b HB1405 - 24 - LRB104 03232 RLC 13254 b 1 (d) The presence in an automobile other than a public 2 omnibus of any weapon, instrument or substance referred to in 3 subsection (a)(7) is prima facie evidence that it is in the 4 possession of, and is being carried by, all persons occupying 5 such automobile at the time such weapon, instrument or 6 substance is found, except under the following circumstances: 7 (i) if such weapon, instrument or instrumentality is found 8 upon the person of one of the occupants therein; or (ii) if 9 such weapon, instrument or substance is found in an automobile 10 operated for hire by a duly licensed driver in the due, lawful 11 and proper pursuit of his or her trade, then such presumption 12 shall not apply to the driver. 13 (e) Exemptions. 14 (1) Crossbows, Common or Compound bows and Underwater 15 Spearguns are exempted from the definition of ballistic 16 knife as defined in paragraph (1) of subsection (a) of 17 this Section. 18 (2) The provision of paragraph (1) of subsection (a) 19 of this Section prohibiting the sale, manufacture, 20 purchase, possession, or carrying of any knife, commonly 21 referred to as a switchblade knife, which has a blade that 22 opens automatically by hand pressure applied to a button, 23 spring or other device in the handle of the knife, does not 24 apply to a person who possesses a currently valid Firearm 25 Owner's Identification Card previously issued in his or 26 her name by the Illinois State Police or to a person or an HB1405 - 24 - LRB104 03232 RLC 13254 b HB1405- 25 -LRB104 03232 RLC 13254 b HB1405 - 25 - LRB104 03232 RLC 13254 b HB1405 - 25 - LRB104 03232 RLC 13254 b 1 entity engaged in the business of selling or manufacturing 2 switchblade knives. 3 (Source: P.A. 102-538, eff. 8-20-21; 102-1116, eff. 1-10-23; 4 103-822, eff. 1-1-25.) 5 (720 ILCS 5/24-1.6) 6 (Text of Section before amendment by P.A. 103-822) 7 Sec. 24-1.6. Aggravated unlawful use of a weapon. 8 (a) A person commits the offense of aggravated unlawful 9 use of a weapon when he or she knowingly: 10 (1) Carries on or about his or her person or in any 11 vehicle or concealed on or about his or her person except 12 when on his or her land or in his or her abode, legal 13 dwelling, or fixed place of business, or on the land or in 14 the legal dwelling of another person as an invitee with 15 that person's permission, any pistol, revolver, stun gun 16 or taser or other firearm; or 17 (2) Carries or possesses on or about his or her 18 person, upon any public street, alley, or other public 19 lands within the corporate limits of a city, village or 20 incorporated town, except when an invitee thereon or 21 therein, for the purpose of the display of such weapon or 22 the lawful commerce in weapons, or except when on his or 23 her own land or in his or her own abode, legal dwelling, or 24 fixed place of business, or on the land or in the legal 25 dwelling of another person as an invitee with that HB1405 - 25 - LRB104 03232 RLC 13254 b HB1405- 26 -LRB104 03232 RLC 13254 b HB1405 - 26 - LRB104 03232 RLC 13254 b HB1405 - 26 - LRB104 03232 RLC 13254 b 1 person's permission, any pistol, revolver, stun gun or 2 taser or other firearm; and 3 (3) One of the following factors is present: 4 (A) the firearm, other than a pistol, revolver, or 5 handgun, possessed was uncased, loaded, and 6 immediately accessible at the time of the offense; or 7 (A-5) the pistol, revolver, or handgun possessed 8 was uncased, loaded, and immediately accessible at the 9 time of the offense and the person possessing the 10 pistol, revolver, or handgun has not been issued a 11 currently valid license under the Firearm Concealed 12 Carry Act; or 13 (B) the firearm, other than a pistol, revolver, or 14 handgun, possessed was uncased, unloaded, and the 15 ammunition for the weapon was immediately accessible 16 at the time of the offense; or 17 (B-5) the pistol, revolver, or handgun possessed 18 was uncased, unloaded, and the ammunition for the 19 weapon was immediately accessible at the time of the 20 offense and the person possessing the pistol, 21 revolver, or handgun has not been issued a currently 22 valid license under the Firearm Concealed Carry Act; 23 or 24 (C) the person possessing the firearm has not been 25 issued a currently valid Firearm Owner's 26 Identification Card; or HB1405 - 26 - LRB104 03232 RLC 13254 b HB1405- 27 -LRB104 03232 RLC 13254 b HB1405 - 27 - LRB104 03232 RLC 13254 b HB1405 - 27 - LRB104 03232 RLC 13254 b 1 (D) the person possessing the weapon was 2 previously adjudicated a delinquent minor under the 3 Juvenile Court Act of 1987 for an act that if committed 4 by an adult would be a felony; or 5 (E) the person possessing the weapon was engaged 6 in a misdemeanor violation of the Cannabis Control 7 Act, in a misdemeanor violation of the Illinois 8 Controlled Substances Act, or in a misdemeanor 9 violation of the Methamphetamine Control and Community 10 Protection Act; or 11 (F) (blank); or 12 (G) the person possessing the weapon had an order 13 of protection issued against him or her within the 14 previous 2 years; or 15 (H) the person possessing the weapon was engaged 16 in the commission or attempted commission of a 17 misdemeanor involving the use or threat of violence 18 against the person or property of another; or 19 (I) the person possessing the weapon was under 21 20 years of age and in possession of a handgun, unless the 21 person under 21 is engaged in lawful activities under 22 the Wildlife Code or described in subsection 23 24-2(b)(1), (b)(3), or 24-2(f). 24 (a-5) "Handgun" as used in this Section has the meaning 25 given to it in Section 5 of the Firearm Concealed Carry Act. 26 (b) "Stun gun or taser" as used in this Section has the HB1405 - 27 - LRB104 03232 RLC 13254 b HB1405- 28 -LRB104 03232 RLC 13254 b HB1405 - 28 - LRB104 03232 RLC 13254 b HB1405 - 28 - LRB104 03232 RLC 13254 b 1 same definition given to it in Section 24-1 of this Code. 2 (c) This Section does not apply to or affect the 3 transportation or possession of weapons that: 4 (i) are broken down in a non-functioning state; or 5 (ii) are not immediately accessible; or 6 (iii) are unloaded and enclosed in a case, firearm 7 carrying box, shipping box, or other container by a person 8 who has been issued a currently valid Firearm Owner's 9 Identification Card. 10 (d) Sentence. 11 (1) Aggravated unlawful use of a weapon is a Class 4 12 felony; a second or subsequent offense is a Class 2 felony 13 for which the person shall be sentenced to a term of 14 imprisonment of not less than 3 years and not more than 7 15 years, except as provided for in Section 5-4.5-110 of the 16 Unified Code of Corrections. 17 (2) Except as otherwise provided in paragraphs (3) and 18 (4) of this subsection (d), a first offense of aggravated 19 unlawful use of a weapon committed with a firearm by a 20 person 18 years of age or older where the factors listed in 21 both items (A) and (C) or both items (A-5) and (C) of 22 paragraph (3) of subsection (a) are present is a Class 4 23 felony, for which the person shall be sentenced to a term 24 of imprisonment of not less than one year and not more than 25 3 years. 26 (3) Aggravated unlawful use of a weapon by a person HB1405 - 28 - LRB104 03232 RLC 13254 b HB1405- 29 -LRB104 03232 RLC 13254 b HB1405 - 29 - LRB104 03232 RLC 13254 b HB1405 - 29 - LRB104 03232 RLC 13254 b 1 who has been previously convicted of a felony in this 2 State or another jurisdiction is a Class 2 felony for 3 which the person shall be sentenced to a term of 4 imprisonment of not less than 3 years and not more than 7 5 years, except as provided for in Section 5-4.5-110 of the 6 Unified Code of Corrections. 7 (4) Aggravated unlawful use of a weapon while wearing 8 or in possession of body armor as defined in Section 33F-1 9 by a person who has not been issued a valid Firearms 10 Owner's Identification Card in accordance with Section 5 11 of the Firearm Owners Identification Card Act is a Class X 12 felony. 13 (e) The possession of each firearm in violation of this 14 Section constitutes a single and separate violation. 15 (Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.) 16 (Text of Section after amendment by P.A. 103-822) 17 Sec. 24-1.6. Aggravated unlawful possession of a weapon. 18 (a) A person commits the offense of aggravated unlawful 19 possession of a weapon when he or she knowingly: 20 (1) Carries on or about his or her person or in any 21 vehicle or concealed on or about his or her person except 22 when on his or her land or in his or her abode, legal 23 dwelling, or fixed place of business, or on the land or in 24 the legal dwelling of another person as an invitee with 25 that person's permission, any pistol, revolver, stun gun HB1405 - 29 - LRB104 03232 RLC 13254 b HB1405- 30 -LRB104 03232 RLC 13254 b HB1405 - 30 - LRB104 03232 RLC 13254 b HB1405 - 30 - LRB104 03232 RLC 13254 b 1 or taser or other firearm; or 2 (2) Carries or possesses on or about his or her 3 person, upon any public street, alley, or other public 4 lands within the corporate limits of a city, village or 5 incorporated town, except when an invitee thereon or 6 therein, for the purpose of the display of such weapon or 7 the lawful commerce in weapons, or except when on his or 8 her own land or in his or her own abode, legal dwelling, or 9 fixed place of business, or on the land or in the legal 10 dwelling of another person as an invitee with that 11 person's permission, any pistol, revolver, stun gun or 12 taser or other firearm; and 13 (3) One of the following factors is present: 14 (A) the firearm, other than a pistol, revolver, or 15 handgun, possessed was uncased, loaded, and 16 immediately accessible at the time of the offense; or 17 (A-5) the pistol, revolver, or handgun possessed 18 was uncased, loaded, and immediately accessible at the 19 time of the offense and the person possessing the 20 pistol, revolver, or handgun has not been issued a 21 currently valid license under the Firearm Concealed 22 Carry Act; or 23 (B) the firearm, other than a pistol, revolver, or 24 handgun, possessed was uncased, unloaded, and the 25 ammunition for the weapon was immediately accessible 26 at the time of the offense; or HB1405 - 30 - LRB104 03232 RLC 13254 b HB1405- 31 -LRB104 03232 RLC 13254 b HB1405 - 31 - LRB104 03232 RLC 13254 b HB1405 - 31 - LRB104 03232 RLC 13254 b 1 (B-5) the pistol, revolver, or handgun possessed 2 was uncased, unloaded, and the ammunition for the 3 weapon was immediately accessible at the time of the 4 offense and the person possessing the pistol, 5 revolver, or handgun has not been issued a currently 6 valid license under the Firearm Concealed Carry Act; 7 or 8 (C) the person possessing the firearm has not been 9 issued a currently valid Firearm Owner's 10 Identification Card; or 11 (D) the person possessing the weapon was 12 previously adjudicated a delinquent minor under the 13 Juvenile Court Act of 1987 for an act that if committed 14 by an adult would be a felony; or 15 (E) the person possessing the weapon was engaged 16 in a misdemeanor violation of the Cannabis Control 17 Act, in a misdemeanor violation of the Illinois 18 Controlled Substances Act, or in a misdemeanor 19 violation of the Methamphetamine Control and Community 20 Protection Act; or 21 (F) (blank); or 22 (G) the person possessing the weapon had an order 23 of protection issued against him or her within the 24 previous 2 years; or 25 (H) the person possessing the weapon was engaged 26 in the commission or attempted commission of a HB1405 - 31 - LRB104 03232 RLC 13254 b HB1405- 32 -LRB104 03232 RLC 13254 b HB1405 - 32 - LRB104 03232 RLC 13254 b HB1405 - 32 - LRB104 03232 RLC 13254 b 1 misdemeanor involving the use or threat of violence 2 against the person or property of another; or 3 (I) the person possessing the weapon was under 21 4 years of age and in possession of a handgun, unless the 5 person under 21 is engaged in lawful activities under 6 the Wildlife Code or described in subsection 7 24-2(b)(1), (b)(3), or 24-2(f). 8 (a-5) "Handgun" as used in this Section has the meaning 9 given to it in Section 5 of the Firearm Concealed Carry Act. 10 (b) "Stun gun or taser" as used in this Section has the 11 same definition given to it in Section 24-1 of this Code. 12 (c) This Section does not apply to or affect the 13 transportation or possession of weapons that: 14 (i) are broken down in a non-functioning state; or 15 (ii) are not immediately accessible; or 16 (iii) are unloaded and enclosed in a case, firearm 17 carrying box, shipping box, or other container by a person 18 who has been issued a currently valid Firearm Owner's 19 Identification Card. 20 (d) Sentence. 21 (1) Aggravated unlawful possession of a weapon is a 22 Class 3 4 felony; a second or subsequent offense is a Class 23 2 felony for which the person shall be sentenced to a term 24 of imprisonment of not less than 3 years and not more than 25 7 years, except as provided for in Section 5-4.5-110 of 26 the Unified Code of Corrections. HB1405 - 32 - LRB104 03232 RLC 13254 b HB1405- 33 -LRB104 03232 RLC 13254 b HB1405 - 33 - LRB104 03232 RLC 13254 b HB1405 - 33 - LRB104 03232 RLC 13254 b 1 (2) Except as otherwise provided in paragraphs (3) and 2 (4) of this subsection (d), a first offense of aggravated 3 unlawful possession of a weapon committed with a firearm 4 by a person 18 years of age or older where the factors 5 listed in both items (A) and (C) or both items (A-5) and 6 (C) of paragraph (3) of subsection (a) are present is a 7 Class 3 4 felony, for which the person shall be sentenced 8 to a term of imprisonment of not less than 2 one year and 9 not more than 5 3 years. 10 (3) Aggravated unlawful possession of a weapon by a 11 person who has been previously convicted of a felony in 12 this State or another jurisdiction is a Class 2 felony for 13 which the person shall be sentenced to a term of 14 imprisonment of not less than 3 years and not more than 7 15 years, except as provided for in Section 5-4.5-110 of the 16 Unified Code of Corrections. 17 (4) Aggravated unlawful possession of a weapon while 18 wearing or in possession of body armor as defined in 19 Section 33F-1 by a person who has not been issued a valid 20 Firearms Owner's Identification Card in accordance with 21 Section 5 of the Firearm Owners Identification Card Act is 22 a Class X felony. 23 (e) The possession of each firearm in violation of this 24 Section constitutes a single and separate violation. 25 (Source: P.A. 103-822, eff. 1-1-25.) HB1405 - 33 - LRB104 03232 RLC 13254 b HB1405- 34 -LRB104 03232 RLC 13254 b HB1405 - 34 - LRB104 03232 RLC 13254 b HB1405 - 34 - LRB104 03232 RLC 13254 b 1 (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1) 2 Sec. 24-3.1. Unlawful possession of firearms and firearm 3 ammunition. 4 (a) A person commits the offense of unlawful possession of 5 firearms or firearm ammunition when: 6 (1) He or she is under 18 years of age and has in his 7 or her possession any firearm of a size which may be 8 concealed upon the person; or 9 (2) He or she is under 21 years of age, has been 10 convicted of a misdemeanor other than a traffic offense or 11 adjudged delinquent and has any firearms or firearm 12 ammunition in his or her possession; or 13 (3) He or she is a narcotic addict and has any firearms 14 or firearm ammunition in his or her possession; or 15 (4) He or she has been a patient in a mental 16 institution within the past 5 years and has any firearms 17 or firearm ammunition in his or her possession. For 18 purposes of this paragraph (4): 19 "Mental institution" means any hospital, 20 institution, clinic, evaluation facility, mental 21 health center, or part thereof, which is used 22 primarily for the care or treatment of persons with 23 mental illness. 24 "Patient in a mental institution" means the person 25 was admitted, either voluntarily or involuntarily, to 26 a mental institution for mental health treatment, HB1405 - 34 - LRB104 03232 RLC 13254 b HB1405- 35 -LRB104 03232 RLC 13254 b HB1405 - 35 - LRB104 03232 RLC 13254 b HB1405 - 35 - LRB104 03232 RLC 13254 b 1 unless the treatment was voluntary and solely for an 2 alcohol abuse disorder and no other secondary 3 substance abuse disorder or mental illness; or 4 (5) He or she is a person with an intellectual 5 disability and has any firearms or firearm ammunition in 6 his or her possession; or 7 (6) He or she has in his or her possession any 8 explosive bullet. 9 For purposes of this paragraph "explosive bullet" means 10 the projectile portion of an ammunition cartridge which 11 contains or carries an explosive charge which will explode 12 upon contact with the flesh of a human or an animal. 13 "Cartridge" means a tubular metal case having a projectile 14 affixed at the front thereof and a cap or primer at the rear 15 end thereof, with the propellant contained in such tube 16 between the projectile and the cap. 17 (b) Sentence. 18 Unlawful possession of firearms, other than handguns, and 19 firearm ammunition is a Class A misdemeanor. Unlawful 20 possession of firearms handguns is a Class 4 felony. The 21 possession of each firearm or firearm ammunition in violation 22 of this Section constitutes a single and separate violation. 23 (c) Nothing in paragraph (1) of subsection (a) of this 24 Section prohibits a person under 18 years of age from 25 participating in any lawful recreational activity with a 26 firearm such as, but not limited to, practice shooting at HB1405 - 35 - LRB104 03232 RLC 13254 b HB1405- 36 -LRB104 03232 RLC 13254 b HB1405 - 36 - LRB104 03232 RLC 13254 b HB1405 - 36 - LRB104 03232 RLC 13254 b 1 targets upon established public or private target ranges or 2 hunting, trapping, or fishing in accordance with the Wildlife 3 Code or the Fish and Aquatic Life Code. 4 (Source: P.A. 99-143, eff. 7-27-15.) HB1405 - 36 - LRB104 03232 RLC 13254 b