(720 ILCS 5/24‑1) (from Ch. 38, par. 24‑1)
Sec. 24‑1. Unlawful Use of Weapons.
(a) A person commits the offense of unlawful use of weapons when he knowingly:
(1) Sells, manufactures, purchases, possesses or |
| carries any bludgeon, black‑jack, slung‑shot, sand‑club, sand‑bag, metal knuckles or other knuckle weapon regardless of its composition, throwing star, or any knife, commonly referred to as a switchblade knife, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or a ballistic knife, which is a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material or compressed gas; or |
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(2) Carries or possesses with intent to use the same |
| unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, stun gun or taser or any other dangerous or deadly weapon or instrument of like character; or |
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(3) Carries on or about his person or in any vehicle, |
| a tear gas gun projector or bomb or any object containing noxious liquid gas or substance, other than an object containing a non‑lethal noxious liquid gas or substance designed solely for personal defense carried by a person 18 years of age or older; or |
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(4) Carries or possesses in any vehicle or concealed |
| on or about his person except when on his land or in his 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 or taser or other firearm, except that this subsection (a) (4) does not apply to or affect transportation of weapons that meet one of the following conditions: |
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(i) are broken down in a non‑functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, |
| firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card; or |
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(5) Sets a spring gun; or
(6) Possesses any device or attachment of any kind |
| designed, used or intended for use in silencing the report of any firearm; or |
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(7) Sells, manufactures, purchases, possesses or |
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(i) a machine gun, which shall be defined for the |
| purposes of this subsection as any weapon, which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot without manually reloading by a single function of the trigger, including the frame or receiver of any such weapon, or sells, manufactures, purchases, possesses, or carries any combination of parts designed or intended for use in converting any weapon into a machine gun, or any combination or parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person; |
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(ii) any rifle having one or more barrels less |
| than 16 inches in length or a shotgun having one or more barrels less than 18 inches in length or any weapon made from a rifle or shotgun, whether by alteration, modification, or otherwise, if such a weapon as modified has an overall length of less than 26 inches; or |
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(iii) any bomb, bomb‑shell, grenade, bottle or |
| other container containing an explosive substance of over one‑quarter ounce for like purposes, such as, but not limited to, black powder bombs and Molotov cocktails or artillery projectiles; or |
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(8) Carries or possesses any firearm, stun gun or |
| taser or other deadly weapon in any place which is licensed to sell intoxicating beverages, or at any public gathering held pursuant to a license issued by any governmental body or any public gathering at which an admission is charged, excluding a place where a showing, demonstration or lecture involving the exhibition of unloaded firearms is conducted. |
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This subsection (a)(8) does not apply to any auction |
| or raffle of a firearm held pursuant to a license or permit issued by a governmental body, nor does it apply to persons engaged in firearm safety training courses; or |
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(9) Carries or possesses in a vehicle or on or about |
| his person any pistol, revolver, stun gun or taser or firearm or ballistic knife, when he is hooded, robed or masked in such manner as to conceal his identity; or |
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(10) Carries or possesses on or about his person, |
| upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his land or in his 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 or taser or other firearm, except that this subsection (a) (10) does not apply to or affect transportation of weapons that meet one of the following conditions: |
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(i) are broken down in a non‑functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, |
| firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card. |
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A "stun gun or taser", as used in this paragraph (a) |
| means (i) any device which is powered by electrical charging units, such as, batteries, and which fires one or several barbs attached to a length of wire and which, upon hitting a human, can send out a current capable of disrupting the person's nervous system in such a manner as to render him incapable of normal functioning or (ii) any device which is powered by electrical charging units, such as batteries, and which, upon contact with a human or clothing worn by a human, can send out current capable of disrupting the person's nervous system in such a manner as to render him incapable of normal functioning; or |
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(11) Sells, manufactures or purchases any explosive |
| bullet. For purposes of this paragraph (a) "explosive bullet" means the projectile portion of an ammunition cartridge which contains or carries an explosive charge which will explode upon contact with the flesh of a human or an animal. "Cartridge" means a tubular metal case having a projectile affixed at the front thereof and a cap or primer at the rear end thereof, with the propellant contained in such tube between the projectile and the cap; or |
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(12) (Blank); or
(13) Carries or possesses on or about his or her |
| person while in a building occupied by a unit of government, a billy club, other weapon of like character, or other instrument of like character intended for use as a weapon. For the purposes of this Section, "billy club" means a short stick or club commonly carried by police officers which is either telescopic or constructed of a solid piece of wood or other man‑made material. |
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(b) Sentence. A person convicted of a violation of subsection 24‑1(a)(1) through (5), subsection 24‑1(a)(10), subsection 24‑1(a)(11), or subsection 24‑1(a)(13) commits a Class A misdemeanor. A person convicted of a violation of subsection 24‑1(a)(8) or 24‑1(a)(9) commits a Class 4 felony; a person convicted of a violation of subsection 24‑1(a)(6) or 24‑1(a)(7)(ii) or (iii) commits a Class 3 felony. A person convicted of a violation of subsection 24‑1(a)(7)(i) commits a Class 2 felony and shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years, unless the weapon is possessed in the passenger compartment of a motor vehicle as defined in Section 1‑146 of the Illinois Vehicle Code, or on the person, while the weapon is loaded, in which case it shall be a Class X felony. A person convicted of a second or subsequent violation of subsection 24‑1(a)(4), 24‑1(a)(8), 24‑1(a)(9), or 24‑1(a)(10) commits a Class 3 felony. The possession of each weapon in violation of this Section constitutes a single and separate violation.
(c) Violations in specific places.
(1) A person who violates subsection 24‑1(a)(6) or |
| 24‑1(a)(7) in any school, regardless of the time of day or the time of year, in residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development, in a public park, in a courthouse, on the real property comprising any school, regardless of the time of day or the time of year, on residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development, on the real property comprising any public park, on the real property comprising any courthouse, in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, in any conveyance owned, leased, or contracted by a public transportation agency, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, public transportation facility, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development commits a Class 2 felony and shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years. |
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(1.5) A person who violates subsection 24‑1(a)(4), |
| 24‑1(a)(9), or 24‑1(a)(10) in any school, regardless of the time of day or the time of year, in residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development, in a public park, in a courthouse, on the real property comprising any school, regardless of the time of day or the time of year, on residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development, on the real property comprising any public park, on the real property comprising any courthouse, in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity, in any conveyance owned, leased, or contracted by a public transportation agency, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, public transportation facility, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development commits a Class 3 felony. |
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(2) A person who violates subsection 24‑1(a)(1), |
| 24‑1(a)(2), or 24‑1(a)(3) in any school, regardless of the time of day or the time of year, in residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development, in a public park, in a courthouse, on the real property comprising any school, regardless of the time of day or the time of year, on residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development, on the real property comprising any public park, on the real property comprising any courthouse, in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, in any conveyance owned, leased, or contracted by a public transportation agency, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, public transportation facility, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development commits a Class 4 felony. "Courthouse" means any building that is used by the Circuit, Appellate, or Supreme Court of this State for the conduct of official business. |
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(3) Paragraphs (1), (1.5), and (2) of this subsection |
| (c) shall not apply to law enforcement officers or security officers of such school, college, or university or to students carrying or possessing firearms for use in training courses, parades, hunting, target shooting on school ranges, or otherwise with the consent of school authorities and which firearms are transported unloaded enclosed in a suitable case, box, or transportation package. |
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(4) For the purposes of this subsection (c), "school" |
| means any public or private elementary or secondary school, community college, college, or university. |
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(5) For the purposes of this subsection (c), |
| "public transportation agency" means a public or private agency that provides for the transportation or conveyance of persons by means available to the general public, except for transportation by automobiles not used for conveyance of the general public as passengers; and "public transportation facility" means a terminal or other place where one may obtain public transportation. |
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(d) The presence in an automobile other than a public omnibus of any weapon, instrument or substance referred to in subsection (a)(7) is prima facie evidence that it is in the possession of, and is being carried by, all persons occupying such automobile at the time such weapon, instrument or substance is found, except under the following circumstances: (i) if such weapon, instrument or instrumentality is found upon the person of one of the occupants therein; or (ii) if such weapon, instrument or substance is found in an automobile operated for hire by a duly licensed driver in the due, lawful and proper pursuit of his trade, then such presumption shall not apply to the driver.
(e) Exemptions. Crossbows, Common or Compound bows and Underwater Spearguns are exempted from the definition of ballistic knife as defined in paragraph (1) of subsection (a) of this Section.
(Source: P.A. 95‑331, eff. 8‑21‑07; 95‑809, eff. 1‑1‑09; 95‑885, eff. 1‑1‑09; 96‑41, eff. 1‑1‑10; 96‑328, eff. 8‑11‑09; 96‑742, eff. 8‑25‑09; 96‑1000, eff. 7‑2‑10.) |
(720 ILCS 5/24‑1.2) (from Ch. 38, par. 24‑1.2)
Sec. 24‑1.2. Aggravated discharge of a firearm.
(a) A person commits aggravated discharge of a firearm when he or she knowingly or intentionally:
(1) Discharges a firearm at or into a building he or
| she knows or reasonably should know to be occupied and the firearm is discharged from a place or position outside that building; | |
(2) Discharges a firearm in the direction of another |
| person or in the direction of a vehicle he or she knows or reasonably should know to be occupied by a person; | |
(3) Discharges a firearm in the direction of a person |
| he or she knows to be a peace officer, a community policing volunteer, a correctional institution employee, or a fireman while the officer, volunteer, employee or fireman is engaged in the execution of any of his or her official duties, or to prevent the officer, volunteer, employee or fireman from performing his or her official duties, or in retaliation for the officer, volunteer, employee or fireman performing his or her official duties; | |
(4) Discharges a firearm in the direction of a |
| vehicle he or she knows to be occupied by a peace officer, a person summoned or directed by a peace officer, a correctional institution employee or a fireman while the officer, employee or fireman is engaged in the execution of any of his or her official duties, or to prevent the officer, employee or fireman from performing his or her official duties, or in retaliation for the officer, employee or fireman performing his or her official duties; | |
(5) Discharges a firearm in the direction of a person |
| he or she knows to be an emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel, employed by a municipality or other governmental unit, while the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel is engaged in the execution of any of his or her official duties, or to prevent the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel from performing his or her official duties, or in retaliation for the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel performing his or her official duties; | |
(6) Discharges a firearm in the direction of a |
| vehicle he or she knows to be occupied by an emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel, employed by a municipality or other governmental unit, while the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel is engaged in the execution of any of his or her official duties, or to prevent the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel from performing his or her official duties, or in retaliation for the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel performing his or her official duties; | |
(7) Discharges a firearm in the direction of a person |
| he or she knows to be a teacher or other person employed in any school and the teacher or other employee is upon the grounds of a school or grounds adjacent to a school, or is in any part of a building used for school purposes; | |
(8) Discharges a firearm in the direction of a person |
| he or she knows to be an emergency management worker while the emergency management worker is engaged in the execution of any of his or her official duties, or to prevent the emergency management worker from performing his or her official duties, or in retaliation for the emergency management worker performing his or her official duties; or | |
(9) Discharges a firearm in the direction of a |
| vehicle he or she knows to be occupied by an emergency management worker while the emergency management worker is engaged in the execution of any of his or her official duties, or to prevent the emergency management worker from performing his or her official duties, or in retaliation for the emergency management worker performing his or her official duties. | |
(b) A violation of subsection (a)(1) or subsection (a)(2) of this Section is a Class 1 felony. A violation of subsection (a)(1) or (a)(2) of this Section committed in a school, on the real property comprising a school, within 1,000 feet of the real property comprising a school, at a school related activity or on or within 1,000 feet of any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity, regardless of the time of day or time of year that the offense was committed is a Class X felony. A violation of subsection (a)(3), (a)(4), (a)(5), (a)(6), (a)(7), (a)(8), or (a)(9) of this Section is a Class X felony for which the sentence shall be a term of imprisonment of no less than 10 years and not more than 45 years.
(c) For purposes of this Section:
"School" means a public or private elementary or secondary school, community college, college, or university.
"School related activity" means any sporting, social, academic, or other activity for which students' attendance or participation is sponsored, organized, or funded in whole or in part by a school or school district.
(Source: P.A. 94‑243, eff. 1‑1‑06.) |
(720 ILCS 5/24‑1.2‑5)
Sec. 24‑1.2‑5. Aggravated discharge of a machine gun or a firearm equipped with a device designed or used for silencing the report of a firearm.
(a) A person commits aggravated discharge of a machine gun or a firearm equipped with a device designed or used for silencing the report of a firearm when he or she knowingly or intentionally:
(1) Discharges a machine gun or a firearm equipped
| with a device designed or used for silencing the report of a firearm at or into a building he or she knows to be occupied and the machine gun or the firearm equipped with a device designed or used for silencing the report of a firearm is discharged from a place or position outside that building; | |
(2) Discharges a machine gun or a firearm equipped |
| with a device designed or used for silencing the report of a firearm in the direction of another person or in the direction of a vehicle he or she knows to be occupied; | |
(3) Discharges a machine gun or a firearm equipped |
| with a device designed or used for silencing the report of a firearm in the direction of a person he or she knows to be a peace officer, a person summoned or directed by a peace officer, a correctional institution employee, or a fireman while the officer, employee or fireman is engaged in the execution of any of his or her official duties, or to prevent the officer, employee or fireman from performing his or her official duties, or in retaliation for the officer, employee or fireman performing his or her official duties; | |
(4) Discharges a machine gun or a firearm equipped |
| with a device designed or used for silencing the report of a firearm in the direction of a vehicle he or she knows to be occupied by a peace officer, a person summoned or directed by a peace officer, a correctional institution employee or a fireman while the officer, employee or fireman is engaged in the execution of any of his or her official duties, or to prevent the officer, employee or fireman from performing his or her official duties, or in retaliation for the officer, employee or fireman performing his or her official duties; | |
(5) Discharges a machine gun or a firearm equipped |
| with a device designed or used for silencing the report of a firearm in the direction of a person he or she knows to be an emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel, employed by a municipality or other governmental unit, while the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel is engaged in the execution of any of his or her official duties, or to prevent the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel from performing his or her official duties, or in retaliation for the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel performing his or her official duties; | |
(6) Discharges a machine gun or a firearm equipped |
| with a device designed or used for silencing the report of a firearm in the direction of a vehicle he or she knows to be occupied by an emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel, employed by a municipality or other governmental unit, while the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel is engaged in the execution of any of his or her official duties, or to prevent the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel from performing his or her official duties, or in retaliation for the emergency medical technician ‑ ambulance, emergency medical technician ‑ intermediate, emergency medical technician ‑ paramedic, ambulance driver, or other medical assistance or first aid personnel performing his or her official duties; | |
(7) Discharges a machine gun or a firearm equipped |
| with a device designed or used for silencing the report of a firearm in the direction of a person he or she knows to be an emergency management worker while the emergency management worker is engaged in the execution of any of his or her official duties, or to prevent the emergency management worker from performing his or her official duties, or in retaliation for the emergency management worker performing his or her official duties; or | |
(8) Discharges a machine gun or a firearm equipped |
| with a device designed or used for silencing the report of a firearm in the direction of a vehicle he or she knows to be occupied by an emergency management worker while the emergency management worker is engaged in the execution of any of his or her official duties, or to prevent the emergency management worker from performing his or her official duties, or in retaliation for the emergency management worker performing his or her official duties. | |
(b) A violation of subsection (a) (1) or subsection (a) (2) of this Section is a Class X felony. A violation of subsection (a) (3), (a) (4), (a) (5), (a) (6), (a) (7), or (a) (8) of this Section is a Class X felony for which the sentence shall be a term of imprisonment of no less than 12 years and no more than 50 years.
(c) For the purpose of this Section, "machine gun" has the meaning ascribed to it in clause (i) of paragraph (7) of subsection (a) of Section 24‑1 of this Code.
(Source: P.A. 94‑243, eff. 1‑1‑06.) |