IL
Illinois Senate Bill SB1201

Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1201 Compare Versions

Only one version of the bill is available at this time.
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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1201 Introduced 1/24/2025, by Sen. Andrew S. Chesney SYNOPSIS AS INTRODUCED: 720 ILCS 5/24-1 from Ch. 38, par. 24-1 Amends the Criminal Code of 2012. Provides that a person commits a petty offense if he or she is convicted of a violation for unlawful possession of a weapon that would not be an offense if the person possessed a valid Firearm Owner's Identification Card. Effective January 1, 2026. LRB104 03904 RLC 13928 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1201 Introduced 1/24/2025, by Sen. Andrew S. Chesney SYNOPSIS AS INTRODUCED: 720 ILCS 5/24-1 from Ch. 38, par. 24-1 720 ILCS 5/24-1 from Ch. 38, par. 24-1 Amends the Criminal Code of 2012. Provides that a person commits a petty offense if he or she is convicted of a violation for unlawful possession of a weapon that would not be an offense if the person possessed a valid Firearm Owner's Identification Card. Effective January 1, 2026. LRB104 03904 RLC 13928 b LRB104 03904 RLC 13928 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1201 Introduced 1/24/2025, by Sen. Andrew S. Chesney SYNOPSIS AS INTRODUCED:
33 720 ILCS 5/24-1 from Ch. 38, par. 24-1 720 ILCS 5/24-1 from Ch. 38, par. 24-1
44 720 ILCS 5/24-1 from Ch. 38, par. 24-1
55 Amends the Criminal Code of 2012. Provides that a person commits a petty offense if he or she is convicted of a violation for unlawful possession of a weapon that would not be an offense if the person possessed a valid Firearm Owner's Identification Card. Effective January 1, 2026.
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1111 1 AN ACT concerning criminal law.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Criminal Code of 2012 is amended by
1515 5 changing Section 24-1 as follows:
1616 6 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
1717 7 Sec. 24-1. Unlawful possession of weapons.
1818 8 (a) A person commits the offense of unlawful possession of
1919 9 weapons when he knowingly:
2020 10 (1) Sells, manufactures, purchases, possesses or
2121 11 carries any bludgeon, black-jack, slung-shot, sand-club,
2222 12 sand-bag, metal knuckles or other knuckle weapon
2323 13 regardless of its composition, throwing star, or any
2424 14 knife, commonly referred to as a switchblade knife, which
2525 15 has a blade that opens automatically by hand pressure
2626 16 applied to a button, spring or other device in the handle
2727 17 of the knife, or a ballistic knife, which is a device that
2828 18 propels a knifelike blade as a projectile by means of a
2929 19 coil spring, elastic material or compressed gas; or
3030 20 (2) Carries or possesses with intent to use the same
3131 21 unlawfully against another, a dagger, dirk, billy,
3232 22 dangerous knife, razor, stiletto, broken bottle or other
3333 23 piece of glass, stun gun or taser or any other dangerous or
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3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1201 Introduced 1/24/2025, by Sen. Andrew S. Chesney SYNOPSIS AS INTRODUCED:
3838 720 ILCS 5/24-1 from Ch. 38, par. 24-1 720 ILCS 5/24-1 from Ch. 38, par. 24-1
3939 720 ILCS 5/24-1 from Ch. 38, par. 24-1
4040 Amends the Criminal Code of 2012. Provides that a person commits a petty offense if he or she is convicted of a violation for unlawful possession of a weapon that would not be an offense if the person possessed a valid Firearm Owner's Identification Card. Effective January 1, 2026.
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6868 1 deadly weapon or instrument of like character; or
6969 2 (2.5) Carries or possesses with intent to use the same
7070 3 unlawfully against another, any firearm in a church,
7171 4 synagogue, mosque, or other building, structure, or place
7272 5 used for religious worship; or
7373 6 (3) Carries on or about his person or in any vehicle, a
7474 7 tear gas gun projector or bomb or any object containing
7575 8 noxious liquid gas or substance, other than an object
7676 9 containing a non-lethal noxious liquid gas or substance
7777 10 designed solely for personal defense carried by a person
7878 11 18 years of age or older; or
7979 12 (4) Carries or possesses in any vehicle or concealed
8080 13 on or about his person except when on his land or in his
8181 14 own abode, legal dwelling, or fixed place of business, or
8282 15 on the land or in the legal dwelling of another person as
8383 16 an invitee with that person's permission, any pistol,
8484 17 revolver, stun gun or taser or other firearm, except that
8585 18 this subsection (a)(4) does not apply to or affect
8686 19 transportation of weapons that meet one of the following
8787 20 conditions:
8888 21 (i) are broken down in a non-functioning state; or
8989 22 (ii) are not immediately accessible; or
9090 23 (iii) are unloaded and enclosed in a case, firearm
9191 24 carrying box, shipping box, or other container by a
9292 25 person who has been issued a currently valid Firearm
9393 26 Owner's Identification Card; or
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104104 1 (iv) are carried or possessed in accordance with
105105 2 the Firearm Concealed Carry Act by a person who has
106106 3 been issued a currently valid license under the
107107 4 Firearm Concealed Carry Act; or
108108 5 (5) Sets a spring gun; or
109109 6 (6) Possesses any device or attachment of any kind
110110 7 designed, used or intended for use in silencing the report
111111 8 of any firearm; or
112112 9 (7) Sells, manufactures, purchases, possesses or
113113 10 carries:
114114 11 (i) a machine gun, which shall be defined for the
115115 12 purposes of this subsection as any weapon, which
116116 13 shoots, is designed to shoot, or can be readily
117117 14 restored to shoot, automatically more than one shot
118118 15 without manually reloading by a single function of the
119119 16 trigger, including the frame or receiver of any such
120120 17 weapon, or sells, manufactures, purchases, possesses,
121121 18 or carries any combination of parts designed or
122122 19 intended for use in converting any weapon into a
123123 20 machine gun, or any combination or parts from which a
124124 21 machine gun can be assembled if such parts are in the
125125 22 possession or under the control of a person;
126126 23 (ii) any rifle having one or more barrels less
127127 24 than 16 inches in length or a shotgun having one or
128128 25 more barrels less than 18 inches in length or any
129129 26 weapon made from a rifle or shotgun, whether by
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140140 1 alteration, modification, or otherwise, if such a
141141 2 weapon as modified has an overall length of less than
142142 3 26 inches; or
143143 4 (iii) any bomb, bomb-shell, grenade, bottle or
144144 5 other container containing an explosive substance of
145145 6 over one-quarter ounce for like purposes, such as, but
146146 7 not limited to, black powder bombs and Molotov
147147 8 cocktails or artillery projectiles; or
148148 9 (8) Carries or possesses any firearm, stun gun or
149149 10 taser or other deadly weapon in any place which is
150150 11 licensed to sell intoxicating beverages, or at any public
151151 12 gathering held pursuant to a license issued by any
152152 13 governmental body or any public gathering at which an
153153 14 admission is charged, excluding a place where a showing,
154154 15 demonstration or lecture involving the exhibition of
155155 16 unloaded firearms is conducted.
156156 17 This subsection (a)(8) does not apply to any auction
157157 18 or raffle of a firearm held pursuant to a license or permit
158158 19 issued by a governmental body, nor does it apply to
159159 20 persons engaged in firearm safety training courses; or
160160 21 (9) Carries or possesses in a vehicle or on or about
161161 22 his or her person any pistol, revolver, stun gun or taser
162162 23 or firearm or ballistic knife, when he or she is hooded,
163163 24 robed or masked in such manner as to conceal his or her
164164 25 identity; or
165165 26 (10) Carries or possesses on or about his or her
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176176 1 person, upon any public street, alley, or other public
177177 2 lands within the corporate limits of a city, village, or
178178 3 incorporated town, except when an invitee thereon or
179179 4 therein, for the purpose of the display of such weapon or
180180 5 the lawful commerce in weapons, or except when on his land
181181 6 or in his or her own abode, legal dwelling, or fixed place
182182 7 of business, or on the land or in the legal dwelling of
183183 8 another person as an invitee with that person's
184184 9 permission, any pistol, revolver, stun gun, or taser or
185185 10 other firearm, except that this subsection (a)(10) does
186186 11 not apply to or affect transportation of weapons that meet
187187 12 one of the following conditions:
188188 13 (i) are broken down in a non-functioning state; or
189189 14 (ii) are not immediately accessible; or
190190 15 (iii) are unloaded and enclosed in a case, firearm
191191 16 carrying box, shipping box, or other container by a
192192 17 person who has been issued a currently valid Firearm
193193 18 Owner's Identification Card; or
194194 19 (iv) are carried or possessed in accordance with
195195 20 the Firearm Concealed Carry Act by a person who has
196196 21 been issued a currently valid license under the
197197 22 Firearm Concealed Carry Act.
198198 23 A "stun gun or taser", as used in this paragraph (a)
199199 24 means (i) any device which is powered by electrical
200200 25 charging units, such as, batteries, and which fires one or
201201 26 several barbs attached to a length of wire and which, upon
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212212 1 hitting a human, can send out a current capable of
213213 2 disrupting the person's nervous system in such a manner as
214214 3 to render him incapable of normal functioning or (ii) any
215215 4 device which is powered by electrical charging units, such
216216 5 as batteries, and which, upon contact with a human or
217217 6 clothing worn by a human, can send out current capable of
218218 7 disrupting the person's nervous system in such a manner as
219219 8 to render him incapable of normal functioning; or
220220 9 (11) Sells, manufactures, delivers, imports,
221221 10 possesses, or purchases any assault weapon attachment or
222222 11 .50 caliber cartridge in violation of Section 24-1.9 or
223223 12 any explosive bullet. For purposes of this paragraph (a)
224224 13 "explosive bullet" means the projectile portion of an
225225 14 ammunition cartridge which contains or carries an
226226 15 explosive charge which will explode upon contact with the
227227 16 flesh of a human or an animal. "Cartridge" means a tubular
228228 17 metal case having a projectile affixed at the front
229229 18 thereof and a cap or primer at the rear end thereof, with
230230 19 the propellant contained in such tube between the
231231 20 projectile and the cap; or
232232 21 (12) (Blank); or
233233 22 (13) Carries or possesses on or about his or her
234234 23 person while in a building occupied by a unit of
235235 24 government, a billy club, other weapon of like character,
236236 25 or other instrument of like character intended for use as
237237 26 a weapon. For the purposes of this Section, "billy club"
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248248 1 means a short stick or club commonly carried by police
249249 2 officers which is either telescopic or constructed of a
250250 3 solid piece of wood or other man-made material; or
251251 4 (14) Manufactures, possesses, sells, or offers to
252252 5 sell, purchase, manufacture, import, transfer, or use any
253253 6 device, part, kit, tool, accessory, or combination of
254254 7 parts that is designed to and functions to increase the
255255 8 rate of fire of a semiautomatic firearm above the standard
256256 9 rate of fire for semiautomatic firearms that is not
257257 10 equipped with that device, part, or combination of parts;
258258 11 or
259259 12 (15) Carries or possesses any assault weapon or .50
260260 13 caliber rifle in violation of Section 24-1.9; or
261261 14 (16) Manufactures, sells, delivers, imports, or
262262 15 purchases any assault weapon or .50 caliber rifle in
263263 16 violation of Section 24-1.9.
264264 17 (b) Sentence. A person convicted of a violation of
265265 18 subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
266266 19 subsection 24-1(a)(11), subsection 24-1(a)(13), or 24-1(a)(15)
267267 20 commits a Class A misdemeanor. A person convicted of a
268268 21 violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a
269269 22 Class 4 felony; a person convicted of a violation of
270270 23 subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or
271271 24 24-1(a)(16) commits a Class 3 felony. A person convicted of a
272272 25 violation of subsection 24-1(a)(7)(i) commits a Class 2 felony
273273 26 and shall be sentenced to a term of imprisonment of not less
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284284 1 than 3 years and not more than 7 years, unless the weapon is
285285 2 possessed in the passenger compartment of a motor vehicle as
286286 3 defined in Section 1-146 of the Illinois Vehicle Code, or on
287287 4 the person, while the weapon is loaded, in which case it shall
288288 5 be a Class X felony. A person convicted of a second or
289289 6 subsequent violation of subsection 24-1(a)(4), 24-1(a)(8),
290290 7 24-1(a)(9), 24-1(a)(10), or 24-1(a)(15) commits a Class 3
291291 8 felony. A person convicted of a violation of subsection
292292 9 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The
293293 10 possession of each weapon or device in violation of this
294294 11 Section constitutes a single and separate violation.
295295 12 Notwithstanding any provision of law to the contrary, a person
296296 13 commits a petty offense under this Section if he or she is
297297 14 convicted of a violation of any provision of this Section that
298298 15 would not be an offense if the person possessed a valid Firearm
299299 16 Owner's Identification Card.
300300 17 (c) Violations in specific places.
301301 18 (1) A person who violates subsection 24-1(a)(6) or
302302 19 24-1(a)(7) in any school, regardless of the time of day or
303303 20 the time of year, in residential property owned, operated
304304 21 or managed by a public housing agency or leased by a public
305305 22 housing agency as part of a scattered site or mixed-income
306306 23 development, in a public park, in a courthouse, on the
307307 24 real property comprising any school, regardless of the
308308 25 time of day or the time of year, on residential property
309309 26 owned, operated or managed by a public housing agency or
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320320 1 leased by a public housing agency as part of a scattered
321321 2 site or mixed-income development, on the real property
322322 3 comprising any public park, on the real property
323323 4 comprising any courthouse, in any conveyance owned, leased
324324 5 or contracted by a school to transport students to or from
325325 6 school or a school related activity, in any conveyance
326326 7 owned, leased, or contracted by a public transportation
327327 8 agency, or on any public way within 1,000 feet of the real
328328 9 property comprising any school, public park, courthouse,
329329 10 public transportation facility, or residential property
330330 11 owned, operated, or managed by a public housing agency or
331331 12 leased by a public housing agency as part of a scattered
332332 13 site or mixed-income development commits a Class 2 felony
333333 14 and shall be sentenced to a term of imprisonment of not
334334 15 less than 3 years and not more than 7 years.
335335 16 (1.5) A person who violates subsection 24-1(a)(4),
336336 17 24-1(a)(9), or 24-1(a)(10) in any school, regardless of
337337 18 the time of day or the time of year, in residential
338338 19 property owned, operated, or managed by a public housing
339339 20 agency or leased by a public housing agency as part of a
340340 21 scattered site or mixed-income development, in a public
341341 22 park, in a courthouse, on the real property comprising any
342342 23 school, regardless of the time of day or the time of year,
343343 24 on residential property owned, operated, or managed by a
344344 25 public housing agency or leased by a public housing agency
345345 26 as part of a scattered site or mixed-income development,
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356356 1 on the real property comprising any public park, on the
357357 2 real property comprising any courthouse, in any conveyance
358358 3 owned, leased, or contracted by a school to transport
359359 4 students to or from school or a school related activity,
360360 5 in any conveyance owned, leased, or contracted by a public
361361 6 transportation agency, or on any public way within 1,000
362362 7 feet of the real property comprising any school, public
363363 8 park, courthouse, public transportation facility, or
364364 9 residential property owned, operated, or managed by a
365365 10 public housing agency or leased by a public housing agency
366366 11 as part of a scattered site or mixed-income development
367367 12 commits a Class 3 felony.
368368 13 (2) A person who violates subsection 24-1(a)(1),
369369 14 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
370370 15 time of day or the time of year, in residential property
371371 16 owned, operated or managed by a public housing agency or
372372 17 leased by a public housing agency as part of a scattered
373373 18 site or mixed-income development, in a public park, in a
374374 19 courthouse, on the real property comprising any school,
375375 20 regardless of the time of day or the time of year, on
376376 21 residential property owned, operated or managed by a
377377 22 public housing agency or leased by a public housing agency
378378 23 as part of a scattered site or mixed-income development,
379379 24 on the real property comprising any public park, on the
380380 25 real property comprising any courthouse, in any conveyance
381381 26 owned, leased or contracted by a school to transport
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392392 1 students to or from school or a school related activity,
393393 2 in any conveyance owned, leased, or contracted by a public
394394 3 transportation agency, or on any public way within 1,000
395395 4 feet of the real property comprising any school, public
396396 5 park, courthouse, public transportation facility, or
397397 6 residential property owned, operated, or managed by a
398398 7 public housing agency or leased by a public housing agency
399399 8 as part of a scattered site or mixed-income development
400400 9 commits a Class 4 felony. "Courthouse" means any building
401401 10 that is used by the Circuit, Appellate, or Supreme Court
402402 11 of this State for the conduct of official business.
403403 12 (3) Paragraphs (1), (1.5), and (2) of this subsection
404404 13 (c) shall not apply to law enforcement officers or
405405 14 security officers of such school, college, or university
406406 15 or to students carrying or possessing firearms for use in
407407 16 training courses, parades, hunting, target shooting on
408408 17 school ranges, or otherwise with the consent of school
409409 18 authorities and which firearms are transported unloaded
410410 19 enclosed in a suitable case, box, or transportation
411411 20 package.
412412 21 (4) For the purposes of this subsection (c), "school"
413413 22 means any public or private elementary or secondary
414414 23 school, community college, college, or university.
415415 24 (5) For the purposes of this subsection (c), "public
416416 25 transportation agency" means a public or private agency
417417 26 that provides for the transportation or conveyance of
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428428 1 persons by means available to the general public, except
429429 2 for transportation by automobiles not used for conveyance
430430 3 of the general public as passengers; and "public
431431 4 transportation facility" means a terminal or other place
432432 5 where one may obtain public transportation.
433433 6 (d) The presence in an automobile other than a public
434434 7 omnibus of any weapon, instrument or substance referred to in
435435 8 subsection (a)(7) is prima facie evidence that it is in the
436436 9 possession of, and is being carried by, all persons occupying
437437 10 such automobile at the time such weapon, instrument or
438438 11 substance is found, except under the following circumstances:
439439 12 (i) if such weapon, instrument or instrumentality is found
440440 13 upon the person of one of the occupants therein; or (ii) if
441441 14 such weapon, instrument or substance is found in an automobile
442442 15 operated for hire by a duly licensed driver in the due, lawful
443443 16 and proper pursuit of his or her trade, then such presumption
444444 17 shall not apply to the driver.
445445 18 (e) Exemptions.
446446 19 (1) Crossbows, Common or Compound bows and Underwater
447447 20 Spearguns are exempted from the definition of ballistic
448448 21 knife as defined in paragraph (1) of subsection (a) of
449449 22 this Section.
450450 23 (2) The provision of paragraph (1) of subsection (a)
451451 24 of this Section prohibiting the sale, manufacture,
452452 25 purchase, possession, or carrying of any knife, commonly
453453 26 referred to as a switchblade knife, which has a blade that
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464464 1 opens automatically by hand pressure applied to a button,
465465 2 spring or other device in the handle of the knife, does not
466466 3 apply to a person who possesses a currently valid Firearm
467467 4 Owner's Identification Card previously issued in his or
468468 5 her name by the Illinois State Police or to a person or an
469469 6 entity engaged in the business of selling or manufacturing
470470 7 switchblade knives.
471471 8 (Source: P.A. 102-538, eff. 8-20-21; 102-1116, eff. 1-10-23;
472472 9 103-822, eff. 1-1-25.)
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