Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1458 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 SB1458 Introduced 1/31/2025, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED: 430 ILCS 66/10430 ILCS 66/70720 ILCS 5/24-1.6 Amends the Firearm Concealed Carry Act. Provides that if a concealed carry licensee leaves his or her vehicle unattended, he or she shall store the firearm out of plain view in a safe or other secure container which, when locked, is incapable of being opened without the key, keypad, combination, or other unlocking mechanism and is capable of preventing an unauthorized person from obtaining access to and possession of the weapon contained therein and shall be fire, impact, and tamper resistant. For the purposes of this provision, a glove compartment, glove box, or center console is not considered an appropriate safe or secure storage container. Provides that when leaving his or her vehicle unattended, a concealed carry licensee shall store his or her loaded or unloaded firearm out of plain view in a safe or other secure container which, when locked, is incapable of being opened without the key, keypad, combination, or other unlocking mechanism and is capable of preventing an unauthorized person from obtaining access to and possession of the weapon contained therein and shall be fire, impact, and tamper resistant. For the purposes of this provision, a glove compartment, glove box, or center console is not considered an appropriate safe or secure storage container. Provides that a concealed carry licensee in violation of this provision is guilty of a Class A misdemeanor for a first or second violation and a Class 4 felony for a third violation. Provides that the Illinois State Police may suspend a license for up to 6 months for a second violation and shall permanently revoke a license for a third violation. Amends the Criminal Code of 2012. Provides that for the aggravated unlawful possession of a weapon statute, "case" does not include an unlocked glove compartment, glove box, or center console of a vehicle. LRB104 02899 RLC 12909 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1458 Introduced 1/31/2025, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED: 430 ILCS 66/10430 ILCS 66/70720 ILCS 5/24-1.6 430 ILCS 66/10 430 ILCS 66/70 720 ILCS 5/24-1.6 Amends the Firearm Concealed Carry Act. Provides that if a concealed carry licensee leaves his or her vehicle unattended, he or she shall store the firearm out of plain view in a safe or other secure container which, when locked, is incapable of being opened without the key, keypad, combination, or other unlocking mechanism and is capable of preventing an unauthorized person from obtaining access to and possession of the weapon contained therein and shall be fire, impact, and tamper resistant. For the purposes of this provision, a glove compartment, glove box, or center console is not considered an appropriate safe or secure storage container. Provides that when leaving his or her vehicle unattended, a concealed carry licensee shall store his or her loaded or unloaded firearm out of plain view in a safe or other secure container which, when locked, is incapable of being opened without the key, keypad, combination, or other unlocking mechanism and is capable of preventing an unauthorized person from obtaining access to and possession of the weapon contained therein and shall be fire, impact, and tamper resistant. For the purposes of this provision, a glove compartment, glove box, or center console is not considered an appropriate safe or secure storage container. Provides that a concealed carry licensee in violation of this provision is guilty of a Class A misdemeanor for a first or second violation and a Class 4 felony for a third violation. Provides that the Illinois State Police may suspend a license for up to 6 months for a second violation and shall permanently revoke a license for a third violation. Amends the Criminal Code of 2012. Provides that for the aggravated unlawful possession of a weapon statute, "case" does not include an unlocked glove compartment, glove box, or center console of a vehicle. LRB104 02899 RLC 12909 b LRB104 02899 RLC 12909 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1458 Introduced 1/31/2025, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED:
3	3	430 ILCS 66/10430 ILCS 66/70720 ILCS 5/24-1.6 430 ILCS 66/10 430 ILCS 66/70 720 ILCS 5/24-1.6
4	4	430 ILCS 66/10
5	5	430 ILCS 66/70
6	6	720 ILCS 5/24-1.6
7	7	Amends the Firearm Concealed Carry Act. Provides that if a concealed carry licensee leaves his or her vehicle unattended, he or she shall store the firearm out of plain view in a safe or other secure container which, when locked, is incapable of being opened without the key, keypad, combination, or other unlocking mechanism and is capable of preventing an unauthorized person from obtaining access to and possession of the weapon contained therein and shall be fire, impact, and tamper resistant. For the purposes of this provision, a glove compartment, glove box, or center console is not considered an appropriate safe or secure storage container. Provides that when leaving his or her vehicle unattended, a concealed carry licensee shall store his or her loaded or unloaded firearm out of plain view in a safe or other secure container which, when locked, is incapable of being opened without the key, keypad, combination, or other unlocking mechanism and is capable of preventing an unauthorized person from obtaining access to and possession of the weapon contained therein and shall be fire, impact, and tamper resistant. For the purposes of this provision, a glove compartment, glove box, or center console is not considered an appropriate safe or secure storage container. Provides that a concealed carry licensee in violation of this provision is guilty of a Class A misdemeanor for a first or second violation and a Class 4 felony for a third violation. Provides that the Illinois State Police may suspend a license for up to 6 months for a second violation and shall permanently revoke a license for a third violation. Amends the Criminal Code of 2012. Provides that for the aggravated unlawful possession of a weapon statute, "case" does not include an unlocked glove compartment, glove box, or center console of a vehicle.
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10	10	A BILL FOR
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13	13	1 AN ACT concerning safety.
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 Firearm Concealed Carry Act is amended by
17	17	5 changing Sections 10 and 70 as follows:
18	18	6 (430 ILCS 66/10)
19	19	7 Sec. 10. Issuance of licenses to carry a concealed
20	20	8 firearm.
21	21	9 (a) The Illinois State Police shall issue a license to
22	22	10 carry a concealed firearm under this Act to an applicant who:
23	23	11 (1) meets the qualifications of Section 25 of this
24	24	12 Act;
25	25	13 (2) has provided the application and documentation
26	26	14 required in Section 30 of this Act;
27	27	15 (3) has submitted the requisite fees; and
28	28	16 (4) does not pose a danger to himself, herself, or
29	29	17 others, or a threat to public safety as determined by the
30	30	18 Concealed Carry Licensing Review Board in accordance with
31	31	19 Section 20.
32	32	20 (b) The Illinois State Police shall issue a renewal,
33	33	21 corrected, or duplicate license as provided in this Act.
34	34	22 (c) A license shall be valid throughout the State for a
35	35	23 period of 5 years from the date of issuance. A license shall
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39	39	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1458 Introduced 1/31/2025, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED:
40	40	430 ILCS 66/10430 ILCS 66/70720 ILCS 5/24-1.6 430 ILCS 66/10 430 ILCS 66/70 720 ILCS 5/24-1.6
41	41	430 ILCS 66/10
42	42	430 ILCS 66/70
43	43	720 ILCS 5/24-1.6
44	44	Amends the Firearm Concealed Carry Act. Provides that if a concealed carry licensee leaves his or her vehicle unattended, he or she shall store the firearm out of plain view in a safe or other secure container which, when locked, is incapable of being opened without the key, keypad, combination, or other unlocking mechanism and is capable of preventing an unauthorized person from obtaining access to and possession of the weapon contained therein and shall be fire, impact, and tamper resistant. For the purposes of this provision, a glove compartment, glove box, or center console is not considered an appropriate safe or secure storage container. Provides that when leaving his or her vehicle unattended, a concealed carry licensee shall store his or her loaded or unloaded firearm out of plain view in a safe or other secure container which, when locked, is incapable of being opened without the key, keypad, combination, or other unlocking mechanism and is capable of preventing an unauthorized person from obtaining access to and possession of the weapon contained therein and shall be fire, impact, and tamper resistant. For the purposes of this provision, a glove compartment, glove box, or center console is not considered an appropriate safe or secure storage container. Provides that a concealed carry licensee in violation of this provision is guilty of a Class A misdemeanor for a first or second violation and a Class 4 felony for a third violation. Provides that the Illinois State Police may suspend a license for up to 6 months for a second violation and shall permanently revoke a license for a third violation. Amends the Criminal Code of 2012. Provides that for the aggravated unlawful possession of a weapon statute, "case" does not include an unlocked glove compartment, glove box, or center console of a vehicle.
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47	47	A BILL FOR
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53	53	430 ILCS 66/10
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55	55	720 ILCS 5/24-1.6
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74	74	1 permit the licensee to:
75	75	2 (1) carry a loaded or unloaded concealed firearm,
76	76	3 fully concealed or partially concealed, on or about his or
77	77	4 her person; and
78	78	5 (2) keep or carry a loaded or unloaded concealed
79	79	6 firearm on or about his or her person within a vehicle; if
80	80	7 the licensee leaves his or her vehicle unattended, he or
81	81	8 she shall store the firearm out of plain view in a safe or
82	82	9 other secure container which, when locked, is incapable of
83	83	10 being opened without the key, keypad, combination, or
84	84	11 other unlocking mechanism and is capable of preventing an
85	85	12 unauthorized person from obtaining access to and
86	86	13 possession of the weapon contained therein and shall be
87	87	14 fire, impact, and tamper resistant. For the purposes of
88	88	15 this paragraph (2), a glove compartment, glove box, or
89	89	16 center console is not considered an appropriate safe or
90	90	17 secure storage container.
91	91	18 (d) The Illinois State Police shall make applications for
92	92	19 a license available no later than 180 days after July 9, 2013
93	93	20 (the effective date of this Act). The Illinois State Police
94	94	21 shall establish rules for the availability and submission of
95	95	22 applications in accordance with this Act.
96	96	23 (e) An application for a license submitted to the Illinois
97	97	24 State Police that contains all the information and materials
98	98	25 required by this Act, including the requisite fee, shall be
99	99	26 deemed completed. Except as otherwise provided in this Act, no
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110	110	1 later than 90 days after receipt of a completed application,
111	111	2 the Illinois State Police shall issue or deny the applicant a
112	112	3 license. The Illinois State Police shall notify the applicant
113	113	4 for a concealed carry license electronically to confirm if all
114	114	5 the required information and materials have been received. If
115	115	6 an applicant for a concealed carry license submits his or her
116	116	7 application electronically, the Illinois State Police shall
117	117	8 notify the applicant electronically if his or her application
118	118	9 is missing information or materials.
119	119	10 (f) The Illinois State Police shall deny the applicant a
120	120	11 license if the applicant fails to meet the requirements under
121	121	12 this Act or the Illinois State Police receives a determination
122	122	13 from the Board that the applicant is ineligible for a license.
123	123	14 The Illinois State Police must notify the applicant stating
124	124	15 the grounds for the denial. The notice of denial must inform
125	125	16 the applicant of his or her right to an appeal through
126	126	17 administrative and judicial review.
127	127	18 (g) A licensee shall possess a license at all times the
128	128	19 licensee carries a concealed firearm except:
129	129	20 (1) when the licensee is carrying or possessing a
130	130	21 concealed firearm on his or her land or in his or her
131	131	22 abode, legal dwelling, or fixed place of business, or on
132	132	23 the land or in the legal dwelling of another person as an
133	133	24 invitee with that person's permission;
134	134	25 (2) when the person is authorized to carry a firearm
135	135	26 under Section 24-2 of the Criminal Code of 2012, except
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146	146	1 subsection (a-5) of that Section; or
147	147	2 (3) when the handgun is broken down in a
148	148	3 non-functioning state, is not immediately accessible, or
149	149	4 is unloaded and enclosed in a case.
150	150	5 (h) If an officer of a law enforcement agency initiates an
151	151	6 investigative stop, including, but not limited to, a traffic
152	152	7 stop, of a licensee or a non-resident carrying a concealed
153	153	8 firearm under subsection (e) of Section 40 of this Act, upon
154	154	9 the request of the officer the licensee or non-resident shall
155	155	10 disclose to the officer that he or she is in possession of a
156	156	11 concealed firearm under this Act, or present the license upon
157	157	12 the request of the officer if he or she is a licensee or
158	158	13 present upon the request of the officer evidence under
159	159	14 paragraph (2) of subsection (e) of Section 40 of this Act that
160	160	15 he or she is a non-resident qualified to carry under that
161	161	16 subsection. The disclosure requirement under this subsection
162	162	17 (h) is satisfied if the licensee presents his or her license to
163	163	18 the officer or the non-resident presents to the officer
164	164	19 evidence under paragraph (2) of subsection (e) of Section 40
165	165	20 of this Act that he or she is qualified to carry under that
166	166	21 subsection. Upon the request of the officer, the licensee or
167	167	22 non-resident shall also identify the location of the concealed
168	168	23 firearm and permit the officer to safely secure the firearm
169	169	24 for the duration of the investigative stop. During a traffic
170	170	25 stop, any passenger within the vehicle who is a licensee or a
171	171	26 non-resident carrying under subsection (e) of Section 40 of
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182	182	1 this Act must comply with the requirements of this subsection
183	183	2 (h).
184	184	3 (h-1) If a licensee carrying a firearm or a non-resident
185	185	4 carrying a firearm in a vehicle under subsection (e) of
186	186	5 Section 40 of this Act is contacted by a law enforcement
187	187	6 officer or emergency services personnel, the law enforcement
188	188	7 officer or emergency services personnel may secure the firearm
189	189	8 or direct that it be secured during the duration of the contact
190	190	9 if the law enforcement officer or emergency services personnel
191	191	10 determines that it is necessary for the safety of any person
192	192	11 present, including the law enforcement officer or emergency
193	193	12 services personnel. The licensee or nonresident shall submit
194	194	13 to the order to secure the firearm. When the law enforcement
195	195	14 officer or emergency services personnel have determined that
196	196	15 the licensee or non-resident is not a threat to the safety of
197	197	16 any person present, including the law enforcement officer or
198	198	17 emergency services personnel, and if the licensee or
199	199	18 non-resident is physically and mentally capable of possessing
200	200	19 the firearm, the law enforcement officer or emergency services
201	201	20 personnel shall return the firearm to the licensee or
202	202	21 non-resident before releasing him or her from the scene and
203	203	22 breaking contact. If the licensee or non-resident is
204	204	23 transported for treatment to another location, the firearm
205	205	24 shall be turned over to any peace officer. The peace officer
206	206	25 shall provide a receipt which includes the make, model,
207	207	26 caliber, and serial number of the firearm.
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218	218	1 (i) The Illinois State Police shall maintain a database of
219	219	2 license applicants and licensees. The database shall be
220	220	3 available to all federal, State, and local law enforcement
221	221	4 agencies, State's Attorneys, the Attorney General, and
222	222	5 authorized court personnel. Within 180 days after July 9, 2013
223	223	6 (the effective date of this Act), the database shall be
224	224	7 searchable and provide all information included in the
225	225	8 application, including the applicant's previous addresses
226	226	9 within the 10 years prior to the license application and any
227	227	10 information related to violations of this Act. No law
228	228	11 enforcement agency, State's Attorney, Attorney General, or
229	229	12 member or staff of the judiciary shall provide any information
230	230	13 to a requester who is not entitled to it by law.
231	231	14 (j) No later than 10 days after receipt of a completed
232	232	15 application, the Illinois State Police shall enter the
233	233	16 relevant information about the applicant into the database
234	234	17 under subsection (i) of this Section which is accessible by
235	235	18 law enforcement agencies.
236	236	19 (k) The Illinois State Police shall continuously monitor
237	237	20 relevant State and federal databases for firearms prohibitors
238	238	21 and correlate those records with concealed carry license
239	239	22 holders to ensure compliance with this Act, or State and
240	240	23 federal law. The Illinois State Police may adopt rules to
241	241	24 implement this subsection.
242	242	25 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
243	243	26 102-813, eff. 5-13-22.)
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254	254	1 (430 ILCS 66/70)
255	255	2 Sec. 70. Violations.
256	256	3 (a) A license issued or renewed under this Act shall be
257	257	4 revoked if, at any time, the licensee is found to be ineligible
258	258	5 for a license under this Act or the licensee no longer meets
259	259	6 the eligibility requirements of the Firearm Owners
260	260	7 Identification Card Act.
261	261	8 (b) A license shall be suspended if an order of
262	262	9 protection, including an emergency order of protection,
263	263	10 plenary order of protection, or interim order of protection
264	264	11 under Article 112A of the Code of Criminal Procedure of 1963 or
265	265	12 under the Illinois Domestic Violence Act of 1986, or if a
266	266	13 firearms restraining order, including an emergency firearms
267	267	14 restraining order, under the Firearms Restraining Order Act,
268	268	15 is issued against a licensee for the duration of the order, or
269	269	16 if the Illinois State Police is made aware of a similar order
270	270	17 issued against the licensee in any other jurisdiction. If an
271	271	18 order of protection is issued against a licensee, the licensee
272	272	19 shall surrender the license, as applicable, to the court at
273	273	20 the time the order is entered or to the law enforcement agency
274	274	21 or entity serving process at the time the licensee is served
275	275	22 the order. The court, law enforcement agency, or entity
276	276	23 responsible for serving the order of protection shall notify
277	277	24 the Illinois State Police within 7 days and transmit the
278	278	25 license to the Illinois State Police.
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289	289	1 (c) A license is invalid upon expiration of the license,
290	290	2 unless the licensee has submitted an application to renew the
291	291	3 license, and the applicant is otherwise eligible to possess a
292	292	4 license under this Act.
293	293	5 (d) A licensee shall not carry a concealed firearm while
294	294	6 under the influence of alcohol, other drug or drugs,
295	295	7 intoxicating compound or combination of compounds, or any
296	296	8 combination thereof, under the standards set forth in
297	297	9 subsection (a) of Section 11-501 of the Illinois Vehicle Code.
298	298	10 A licensee in violation of this subsection (d) shall be
299	299	11 guilty of a Class A misdemeanor for a first or second violation
300	300	12 and a Class 4 felony for a third violation. The Illinois State
301	301	13 Police may suspend a license for up to 6 months for a second
302	302	14 violation and shall permanently revoke a license for a third
303	303	15 violation.
304	304	16 (e) Except as otherwise provided, a licensee in violation
305	305	17 of this Act shall be guilty of a Class B misdemeanor. A second
306	306	18 or subsequent violation is a Class A misdemeanor. The Illinois
307	307	19 State Police may suspend a license for up to 6 months for a
308	308	20 second violation and shall permanently revoke a license for 3
309	309	21 or more violations of Section 65 of this Act. Any person
310	310	22 convicted of a violation under this Section shall pay a $150
311	311	23 fee to be deposited into the Mental Health Reporting Fund,
312	312	24 plus any applicable court costs or fees.
313	313	25 (f) A licensee convicted or found guilty of a violation of
314	314	26 this Act who has a valid license and is otherwise eligible to
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325	325	1 carry a concealed firearm shall only be subject to the
326	326	2 penalties under this Section and shall not be subject to the
327	327	3 penalties under Section 21-6, paragraph (4), (8), or (10) of
328	328	4 subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)
329	329	5 of paragraph (3) of subsection (a) of Section 24-1.6 of the
330	330	6 Criminal Code of 2012. Except as otherwise provided in this
331	331	7 subsection, nothing in this subsection prohibits the licensee
332	332	8 from being subjected to penalties for violations other than
333	333	9 those specified in this Act.
334	334	10 (g) A licensee whose license is revoked, suspended, or
335	335	11 denied shall, within 48 hours of receiving notice of the
336	336	12 revocation, suspension, or denial, surrender his or her
337	337	13 concealed carry license to the local law enforcement agency
338	338	14 where the person resides. The local law enforcement agency
339	339	15 shall provide the licensee a receipt and transmit the
340	340	16 concealed carry license to the Illinois State Police. If the
341	341	17 licensee whose concealed carry license has been revoked,
342	342	18 suspended, or denied fails to comply with the requirements of
343	343	19 this subsection, the law enforcement agency where the person
344	344	20 resides may petition the circuit court to issue a warrant to
345	345	21 search for and seize the concealed carry license in the
346	346	22 possession and under the custody or control of the licensee
347	347	23 whose concealed carry license has been revoked, suspended, or
348	348	24 denied. The observation of a concealed carry license in the
349	349	25 possession of a person whose license has been revoked,
350	350	26 suspended, or denied constitutes a sufficient basis for the
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361	361	1 arrest of that person for violation of this subsection. A
362	362	2 violation of this subsection is a Class A misdemeanor.
363	363	3 (h) Except as otherwise provided in subsection (h-5), a
364	364	4 license issued or renewed under this Act shall be revoked if,
365	365	5 at any time, the licensee is found ineligible for a Firearm
366	366	6 Owner's Identification Card, or the licensee no longer
367	367	7 possesses a valid Firearm Owner's Identification Card. If the
368	368	8 Firearm Owner's Identification Card is expired or suspended
369	369	9 rather than denied or revoked, the license may be suspended
370	370	10 for a period of up to one year to allow the licensee to
371	371	11 reinstate his or her Firearm Owner's Identification Card. The
372	372	12 Illinois State Police shall adopt rules to enforce this
373	373	13 subsection. A licensee whose license is revoked under this
374	374	14 subsection (h) shall surrender his or her concealed carry
375	375	15 license as provided for in subsection (g) of this Section.
376	376	16 This subsection shall not apply to a person who has filed
377	377	17 an application with the Illinois State Police for renewal of a
378	378	18 Firearm Owner's Identification Card and who is not otherwise
379	379	19 ineligible to obtain a Firearm Owner's Identification Card.
380	380	20 (h-5) If the Firearm Owner's Identification Card of a
381	381	21 licensee under this Act expires during the term of the license
382	382	22 issued under this Act, the license and the Firearm Owner's
383	383	23 Identification Card remain valid, and the Illinois State
384	384	24 Police may automatically renew the licensee's Firearm Owner's
385	385	25 Identification Card as provided in subsection (c) of Section 5
386	386	26 of the Firearm Owners Identification Card Act.
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397	397	1 (i) A certified firearms instructor who knowingly provides
398	398	2 or offers to provide a false certification that an applicant
399	399	3 has completed firearms training as required under this Act is
400	400	4 guilty of a Class A misdemeanor. A person guilty of a violation
401	401	5 of this subsection (i) is not eligible for court supervision.
402	402	6 The Illinois State Police shall permanently revoke the
403	403	7 firearms instructor certification of a person convicted under
404	404	8 this subsection (i).
405	405	9 (j) When leaving his or her vehicle unattended, a licensee
406	406	10 shall store his or her loaded or unloaded firearm out of plain
407	407	11 view in a safe or other secure container which, when locked, is
408	408	12 incapable of being opened without the key, keypad,
409	409	13 combination, or other unlocking mechanism and is capable of
410	410	14 preventing an unauthorized person from obtaining access to and
411	411	15 possession of the weapon contained therein and shall be fire,
412	412	16 impact, and tamper resistant. For the purposes of this
413	413	17 subsection, a glove compartment, glove box, or center console
414	414	18 is not considered an appropriate safe or secure storage
415	415	19 container. A licensee in violation of this subsection (j) is
416	416	20 guilty of a Class A misdemeanor for a first or second violation
417	417	21 and a Class 4 felony for a third violation. The Illinois State
418	418	22 Police may suspend a license for up to 6 months for a second
419	419	23 violation and shall permanently revoke a license for a third
420	420	24 violation.
421	421	25 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
422	422	26 102-813, eff. 5-13-22.)
423	423
424	424
425	425
426	426
427	427
428	428	SB1458 - 11 - LRB104 02899 RLC 12909 b
429	429
430	430
431	431	SB1458- 12 -LRB104 02899 RLC 12909 b SB1458 - 12 - LRB104 02899 RLC 12909 b
432	432	SB1458 - 12 - LRB104 02899 RLC 12909 b
433	433	1 Section 10. The Criminal Code of 2012 is amended by
434	434	2 changing Section 24-1.6 as follows:
435	435	3 (720 ILCS 5/24-1.6)
436	436	4 (Text of Section before amendment by P.A. 103-822)
437	437	5 Sec. 24-1.6. Aggravated unlawful use of a weapon.
438	438	6 (a) A person commits the offense of aggravated unlawful
439	439	7 use of a weapon when he or she knowingly:
440	440	8 (1) Carries on or about his or her person or in any
441	441	9 vehicle or concealed on or about his or her person except
442	442	10 when on his or her land or in his or her abode, legal
443	443	11 dwelling, or fixed place of business, or on the land or in
444	444	12 the legal dwelling of another person as an invitee with
445	445	13 that person's permission, any pistol, revolver, stun gun
446	446	14 or taser or other firearm; or
447	447	15 (2) Carries or possesses on or about his or her
448	448	16 person, upon any public street, alley, or other public
449	449	17 lands within the corporate limits of a city, village or
450	450	18 incorporated town, except when an invitee thereon or
451	451	19 therein, for the purpose of the display of such weapon or
452	452	20 the lawful commerce in weapons, or except when on his or
453	453	21 her own land or in his or her own abode, legal dwelling, or
454	454	22 fixed place of business, or on the land or in the legal
455	455	23 dwelling of another person as an invitee with that
456	456	24 person's permission, any pistol, revolver, stun gun or
457	457
458	458
459	459
460	460
461	461
462	462	SB1458 - 12 - LRB104 02899 RLC 12909 b
463	463
464	464
465	465	SB1458- 13 -LRB104 02899 RLC 12909 b SB1458 - 13 - LRB104 02899 RLC 12909 b
466	466	SB1458 - 13 - LRB104 02899 RLC 12909 b
467	467	1 taser or other firearm; and
468	468	2 (3) One of the following factors is present:
469	469	3 (A) the firearm, other than a pistol, revolver, or
470	470	4 handgun, possessed was uncased, loaded, and
471	471	5 immediately accessible at the time of the offense; or
472	472	6 (A-5) the pistol, revolver, or handgun possessed
473	473	7 was uncased, loaded, and immediately accessible at the
474	474	8 time of the offense and the person possessing the
475	475	9 pistol, revolver, or handgun has not been issued a
476	476	10 currently valid license under the Firearm Concealed
477	477	11 Carry Act; or
478	478	12 (B) the firearm, other than a pistol, revolver, or
479	479	13 handgun, possessed was uncased, unloaded, and the
480	480	14 ammunition for the weapon was immediately accessible
481	481	15 at the time of the offense; or
482	482	16 (B-5) the pistol, revolver, or handgun possessed
483	483	17 was uncased, unloaded, and the ammunition for the
484	484	18 weapon was immediately accessible at the time of the
485	485	19 offense and the person possessing the pistol,
486	486	20 revolver, or handgun has not been issued a currently
487	487	21 valid license under the Firearm Concealed Carry Act;
488	488	22 or
489	489	23 (C) the person possessing the firearm has not been
490	490	24 issued a currently valid Firearm Owner's
491	491	25 Identification Card; or
492	492	26 (D) the person possessing the weapon was
493	493
494	494
495	495
496	496
497	497
498	498	SB1458 - 13 - LRB104 02899 RLC 12909 b
499	499
500	500
501	501	SB1458- 14 -LRB104 02899 RLC 12909 b SB1458 - 14 - LRB104 02899 RLC 12909 b
502	502	SB1458 - 14 - LRB104 02899 RLC 12909 b
503	503	1 previously adjudicated a delinquent minor under the
504	504	2 Juvenile Court Act of 1987 for an act that if committed
505	505	3 by an adult would be a felony; or
506	506	4 (E) the person possessing the weapon was engaged
507	507	5 in a misdemeanor violation of the Cannabis Control
508	508	6 Act, in a misdemeanor violation of the Illinois
509	509	7 Controlled Substances Act, or in a misdemeanor
510	510	8 violation of the Methamphetamine Control and Community
511	511	9 Protection Act; or
512	512	10 (F) (blank); or
513	513	11 (G) the person possessing the weapon had an order
514	514	12 of protection issued against him or her within the
515	515	13 previous 2 years; or
516	516	14 (H) the person possessing the weapon was engaged
517	517	15 in the commission or attempted commission of a
518	518	16 misdemeanor involving the use or threat of violence
519	519	17 against the person or property of another; or
520	520	18 (I) the person possessing the weapon was under 21
521	521	19 years of age and in possession of a handgun, unless the
522	522	20 person under 21 is engaged in lawful activities under
523	523	21 the Wildlife Code or described in subsection
524	524	22 24-2(b)(1), (b)(3), or 24-2(f).
525	525	23 (a-5) "Handgun" as used in this Section has the meaning
526	526	24 given to it in Section 5 of the Firearm Concealed Carry Act.
527	527	25 (b) "Stun gun or taser" as used in this Section has the
528	528	26 same definition given to it in Section 24-1 of this Code.
529	529
530	530
531	531
532	532
533	533
534	534	SB1458 - 14 - LRB104 02899 RLC 12909 b
535	535
536	536
537	537	SB1458- 15 -LRB104 02899 RLC 12909 b SB1458 - 15 - LRB104 02899 RLC 12909 b
538	538	SB1458 - 15 - LRB104 02899 RLC 12909 b
539	539	1 (c) This Section does not apply to or affect the
540	540	2 transportation or possession of weapons that:
541	541	3 (i) are broken down in a non-functioning state; or
542	542	4 (ii) are not immediately accessible; or
543	543	5 (iii) are unloaded and enclosed in a case, firearm
544	544	6 carrying box, shipping box, or other container by a person
545	545	7 who has been issued a currently valid Firearm Owner's
546	546	8 Identification Card.
547	547	9 (d) Sentence.
548	548	10 (1) Aggravated unlawful use of a weapon is a Class 4
549	549	11 felony; a second or subsequent offense is a Class 2 felony
550	550	12 for which the person shall be sentenced to a term of
551	551	13 imprisonment of not less than 3 years and not more than 7
552	552	14 years, except as provided for in Section 5-4.5-110 of the
553	553	15 Unified Code of Corrections.
554	554	16 (2) Except as otherwise provided in paragraphs (3) and
555	555	17 (4) of this subsection (d), a first offense of aggravated
556	556	18 unlawful use of a weapon committed with a firearm by a
557	557	19 person 18 years of age or older where the factors listed in
558	558	20 both items (A) and (C) or both items (A-5) and (C) of
559	559	21 paragraph (3) of subsection (a) are present is a Class 4
560	560	22 felony, for which the person shall be sentenced to a term
561	561	23 of imprisonment of not less than one year and not more than
562	562	24 3 years.
563	563	25 (3) Aggravated unlawful use of a weapon by a person
564	564	26 who has been previously convicted of a felony in this
565	565
566	566
567	567
568	568
569	569
570	570	SB1458 - 15 - LRB104 02899 RLC 12909 b
571	571
572	572
573	573	SB1458- 16 -LRB104 02899 RLC 12909 b SB1458 - 16 - LRB104 02899 RLC 12909 b
574	574	SB1458 - 16 - LRB104 02899 RLC 12909 b
575	575	1 State or another jurisdiction is a Class 2 felony for
576	576	2 which the person shall be sentenced to a term of
577	577	3 imprisonment of not less than 3 years and not more than 7
578	578	4 years, except as provided for in Section 5-4.5-110 of the
579	579	5 Unified Code of Corrections.
580	580	6 (4) Aggravated unlawful use of a weapon while wearing
581	581	7 or in possession of body armor as defined in Section 33F-1
582	582	8 by a person who has not been issued a valid Firearms
583	583	9 Owner's Identification Card in accordance with Section 5
584	584	10 of the Firearm Owners Identification Card Act is a Class X
585	585	11 felony.
586	586	12 (e) The possession of each firearm in violation of this
587	587	13 Section constitutes a single and separate violation.
588	588	14 (Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)
589	589	15 (Text of Section after amendment by P.A. 103-822)
590	590	16 Sec. 24-1.6. Aggravated unlawful possession of a weapon.
591	591	17 (a) A person commits the offense of aggravated unlawful
592	592	18 possession of a weapon when he or she knowingly:
593	593	19 (1) Carries on or about his or her person or in any
594	594	20 vehicle or concealed on or about his or her person except
595	595	21 when on his or her land or in his or her abode, legal
596	596	22 dwelling, or fixed place of business, or on the land or in
597	597	23 the legal dwelling of another person as an invitee with
598	598	24 that person's permission, any pistol, revolver, stun gun
599	599	25 or taser or other firearm; or
600	600
601	601
602	602
603	603
604	604
605	605	SB1458 - 16 - LRB104 02899 RLC 12909 b
606	606
607	607
608	608	SB1458- 17 -LRB104 02899 RLC 12909 b SB1458 - 17 - LRB104 02899 RLC 12909 b
609	609	SB1458 - 17 - LRB104 02899 RLC 12909 b
610	610	1 (2) Carries or possesses on or about his or her
611	611	2 person, upon any public street, alley, or other public
612	612	3 lands within the corporate limits of a city, village or
613	613	4 incorporated town, except when an invitee thereon or
614	614	5 therein, for the purpose of the display of such weapon or
615	615	6 the lawful commerce in weapons, or except when on his or
616	616	7 her own land or in his or her own abode, legal dwelling, or
617	617	8 fixed place of business, or on the land or in the legal
618	618	9 dwelling of another person as an invitee with that
619	619	10 person's permission, any pistol, revolver, stun gun or
620	620	11 taser or other firearm; and
621	621	12 (3) One of the following factors is present:
622	622	13 (A) the firearm, other than a pistol, revolver, or
623	623	14 handgun, possessed was uncased, loaded, and
624	624	15 immediately accessible at the time of the offense; or
625	625	16 (A-5) the pistol, revolver, or handgun possessed
626	626	17 was uncased, loaded, and immediately accessible at the
627	627	18 time of the offense and the person possessing the
628	628	19 pistol, revolver, or handgun has not been issued a
629	629	20 currently valid license under the Firearm Concealed
630	630	21 Carry Act; or
631	631	22 (B) the firearm, other than a pistol, revolver, or
632	632	23 handgun, possessed was uncased, unloaded, and the
633	633	24 ammunition for the weapon was immediately accessible
634	634	25 at the time of the offense; or
635	635	26 (B-5) the pistol, revolver, or handgun possessed
636	636
637	637
638	638
639	639
640	640
641	641	SB1458 - 17 - LRB104 02899 RLC 12909 b
642	642
643	643
644	644	SB1458- 18 -LRB104 02899 RLC 12909 b SB1458 - 18 - LRB104 02899 RLC 12909 b
645	645	SB1458 - 18 - LRB104 02899 RLC 12909 b
646	646	1 was uncased, unloaded, and the ammunition for the
647	647	2 weapon was immediately accessible at the time of the
648	648	3 offense and the person possessing the pistol,
649	649	4 revolver, or handgun has not been issued a currently
650	650	5 valid license under the Firearm Concealed Carry Act;
651	651	6 or
652	652	7 (C) the person possessing the firearm has not been
653	653	8 issued a currently valid Firearm Owner's
654	654	9 Identification Card; or
655	655	10 (D) the person possessing the weapon was
656	656	11 previously adjudicated a delinquent minor under the
657	657	12 Juvenile Court Act of 1987 for an act that if committed
658	658	13 by an adult would be a felony; or
659	659	14 (E) the person possessing the weapon was engaged
660	660	15 in a misdemeanor violation of the Cannabis Control
661	661	16 Act, in a misdemeanor violation of the Illinois
662	662	17 Controlled Substances Act, or in a misdemeanor
663	663	18 violation of the Methamphetamine Control and Community
664	664	19 Protection Act; or
665	665	20 (F) (blank); or
666	666	21 (G) the person possessing the weapon had an order
667	667	22 of protection issued against him or her within the
668	668	23 previous 2 years; or
669	669	24 (H) the person possessing the weapon was engaged
670	670	25 in the commission or attempted commission of a
671	671	26 misdemeanor involving the use or threat of violence
672	672
673	673
674	674
675	675
676	676
677	677	SB1458 - 18 - LRB104 02899 RLC 12909 b
678	678
679	679
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681	681	SB1458 - 19 - LRB104 02899 RLC 12909 b
682	682	1 against the person or property of another; or
683	683	2 (I) the person possessing the weapon was under 21
684	684	3 years of age and in possession of a handgun, unless the
685	685	4 person under 21 is engaged in lawful activities under
686	686	5 the Wildlife Code or described in subsection
687	687	6 24-2(b)(1), (b)(3), or 24-2(f).
688	688	7 (a-1) For purposes of subsection (a), "case" does not
689	689	8 include an unlocked glove compartment, glove box, or center
690	690	9 console of a vehicle.
691	691	10 (a-5) "Handgun" as used in this Section has the meaning
692	692	11 given to it in Section 5 of the Firearm Concealed Carry Act.
693	693	12 (b) "Stun gun or taser" as used in this Section has the
694	694	13 same definition given to it in Section 24-1 of this Code.
695	695	14 (c) This Section does not apply to or affect the
696	696	15 transportation or possession of weapons that:
697	697	16 (i) are broken down in a non-functioning state; or
698	698	17 (ii) are not immediately accessible; or
699	699	18 (iii) are unloaded and enclosed in a case, firearm
700	700	19 carrying box, shipping box, or other container by a person
701	701	20 who has been issued a currently valid Firearm Owner's
702	702	21 Identification Card.
703	703	22 (d) Sentence.
704	704	23 (1) Aggravated unlawful possession of a weapon is a
705	705	24 Class 4 felony; a second or subsequent offense is a Class 2
706	706	25 felony for which the person shall be sentenced to a term of
707	707	26 imprisonment of not less than 3 years and not more than 7
708	708
709	709
710	710
711	711
712	712
713	713	SB1458 - 19 - LRB104 02899 RLC 12909 b
714	714
715	715
716	716	SB1458- 20 -LRB104 02899 RLC 12909 b SB1458 - 20 - LRB104 02899 RLC 12909 b
717	717	SB1458 - 20 - LRB104 02899 RLC 12909 b
718	718	1 years, except as provided for in Section 5-4.5-110 of the
719	719	2 Unified Code of Corrections.
720	720	3 (2) Except as otherwise provided in paragraphs (3) and
721	721	4 (4) of this subsection (d), a first offense of aggravated
722	722	5 unlawful possession of a weapon committed with a firearm
723	723	6 by a person 18 years of age or older where the factors
724	724	7 listed in both items (A) and (C) or both items (A-5) and
725	725	8 (C) of paragraph (3) of subsection (a) are present is a
726	726	9 Class 4 felony, for which the person shall be sentenced to
727	727	10 a term of imprisonment of not less than one year and not
728	728	11 more than 3 years.
729	729	12 (3) Aggravated unlawful possession of a weapon by a
730	730	13 person who has been previously convicted of a felony in
731	731	14 this State or another jurisdiction is a Class 2 felony for
732	732	15 which the person shall be sentenced to a term of
733	733	16 imprisonment of not less than 3 years and not more than 7
734	734	17 years, except as provided for in Section 5-4.5-110 of the
735	735	18 Unified Code of Corrections.
736	736	19 (4) Aggravated unlawful possession of a weapon while
737	737	20 wearing or in possession of body armor as defined in
738	738	21 Section 33F-1 by a person who has not been issued a valid
739	739	22 Firearms Owner's Identification Card in accordance with
740	740	23 Section 5 of the Firearm Owners Identification Card Act is
741	741	24 a Class X felony.
742	742	25 (e) The possession of each firearm in violation of this
743	743	26 Section constitutes a single and separate violation.
744	744
745	745
746	746
747	747
748	748
749	749	SB1458 - 20 - LRB104 02899 RLC 12909 b
750	750
751	751
752	752	SB1458- 21 -LRB104 02899 RLC 12909 b SB1458 - 21 - LRB104 02899 RLC 12909 b
753	753	SB1458 - 21 - LRB104 02899 RLC 12909 b
754	754	1 (Source: P.A. 103-822, eff. 1-1-25.)
755	755
756	756
757	757
758	758
759	759
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