100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5888
 
Introduced , by Rep. David S. Olsen
 
SYNOPSIS AS INTRODUCED:



  
720 ILCS 5/24-1 from Ch. 38, par. 24-1

 Amends the Criminal Code of 2012. Provides that it is an unlawful use of weapons violation for a person to knowingly sell, manufacture, purchase, possess, or carry, beginning 90 days after the effective date of the amendatory Act, a bump stock or trigger crank. Establishes penalties. Defines "bump stock" and "trigger crank". Effective immediately.



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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 


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1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 10-20. The Criminal Code of 2012 is amended by 
5changing Section 24-1 as follows:




6 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)


7 Sec. 24-1. Unlawful use of weapons. 

8 (a) A person commits the offense of unlawful use of weapons 
9when
he knowingly:

10  (1) Sells, manufactures, purchases, possesses or 
11 carries any bludgeon,
black-jack, slung-shot, sand-club, 
12 sand-bag, metal knuckles or other knuckle weapon 
13 regardless of its composition, throwing star,
or any knife, 
14 commonly referred to as a switchblade knife, which has a

15 blade that opens automatically by hand pressure applied to 
16 a button,
spring or other device in the handle of the 
17 knife, or a ballistic knife,
which is a device that propels 
18 a knifelike blade as a projectile by means
of a coil 
19 spring, elastic material or compressed gas; or

20  (2) Carries or possesses with intent to use the same 
21 unlawfully
against another, a dagger, dirk, billy, 
22 dangerous knife, razor,
stiletto, broken bottle or other 
23 piece of glass, stun gun or taser or
any other dangerous or 
 
 
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1 deadly weapon or instrument of like character; or

2  (3) Carries on or about his person or in any vehicle, a 
3 tear gas gun
projector or bomb or any object containing 
4 noxious liquid gas or
substance, other than an object 
5 containing a non-lethal noxious liquid gas
or substance 
6 designed solely for personal defense carried by a person 18

7 years of age or older; or

8  (4) Carries or possesses in any vehicle or concealed on 
9 or about his
person except when on his land or in his own 
10 abode, legal dwelling, or fixed place of
business, or on 
11 the land or in the legal dwelling of another person as an 
12 invitee with that person's permission, any pistol, 
13 revolver, stun gun or taser or other firearm, except
that

14 this subsection (a) (4) does not apply to or affect 
15 transportation of weapons
that meet one of the following 
16 conditions:

17   (i) are broken down in a non-functioning state; or

18   (ii) are not immediately accessible; or

19   (iii) are unloaded and enclosed in a case, firearm 
20 carrying box,
shipping box, or other container by a 
21 person who has been issued a currently
valid Firearm 
22 Owner's
Identification Card; or
23   (iv) are carried or possessed in accordance with 
24 the Firearm Concealed Carry Act by a person who has 
25 been issued a currently valid license under the Firearm 
26 Concealed Carry Act; or 

 
 
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1  (5) Sets a spring gun; or

2  (6) Possesses any device or attachment of any kind 
3 designed, used or
intended for use in silencing the report 
4 of any firearm; or

5  (7) Sells, manufactures, purchases, possesses or 
6 carries:

7   (i) a machine gun, which shall be defined for the 
8 purposes of this
subsection as any weapon,
which 
9 shoots, is designed to shoot, or can be readily 
10 restored to shoot,
automatically more than one shot 
11 without manually reloading by a single
function of the 
12 trigger, including the frame or receiver
of any such 
13 weapon, or sells, manufactures, purchases, possesses, 
14 or
carries any combination of parts designed or 
15 intended for
use in converting any weapon into a 
16 machine gun, or any combination or
parts from which a 
17 machine gun can be assembled if such parts are in the

18 possession or under the control of a person;
19   (i-5) beginning 90 days after the effective date of 
20 this amendatory Act of the 100th General Assembly, a 
21 bump stock or trigger crank. As used in this clause 
22 (i-5):
23   "Bump stock" means any device for a weapon that 
24 increases the rate of fire achievable with the weapon 
25 by using energy from the recoil of the weapon to 
26 generate a reciprocating action that facilitates 
 
 
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1 repeated activation of the trigger of the weapon.
2   "Trigger crank" means any device to be attached to 
3 a weapon that repeatedly activates the trigger of the 
4 weapon through the use of a lever or other part that is 
5 turned in a circular motion; 

6   (ii) any rifle having one or
more barrels less than 
7 16 inches in length or a shotgun having one or more

8 barrels less than 18 inches in length or any weapon 
9 made from a rifle or
shotgun, whether by alteration, 
10 modification, or otherwise, if such a weapon
as 
11 modified has an overall length of less than 26 inches; 
12 or

13   (iii) any
bomb, bomb-shell, grenade, bottle or 
14 other container containing an
explosive substance of 
15 over one-quarter ounce for like purposes, such
as, but 
16 not limited to, black powder bombs and Molotov 
17 cocktails or
artillery projectiles; or

18  (8) Carries or possesses any firearm, stun gun or taser 
19 or other
deadly weapon in any place which is licensed to 
20 sell intoxicating
beverages, or at any public gathering 
21 held pursuant to a license issued
by any governmental body 
22 or any public gathering at which an admission
is charged, 
23 excluding a place where a showing, demonstration or lecture

24 involving the exhibition of unloaded firearms is 
25 conducted.

26  This subsection (a)(8) does not apply to any auction or 
 
 
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1 raffle of a firearm
held pursuant to
a license or permit 
2 issued by a governmental body, nor does it apply to persons

3 engaged
in firearm safety training courses; or

4  (9) Carries or possesses in a vehicle or on or about 
5 his person any
pistol, revolver, stun gun or taser or 
6 firearm or ballistic knife, when
he is hooded, robed or 
7 masked in such manner as to conceal his identity; or

8  (10) Carries or possesses on or about his person, upon 
9 any public street,
alley, or other public lands within the 
10 corporate limits of a city, village
or incorporated town, 
11 except when an invitee thereon or therein, for the
purpose 
12 of the display of such weapon or the lawful commerce in 
13 weapons, or
except when on his land or in his own abode, 
14 legal dwelling, or fixed place of business, or on the land 
15 or in the legal dwelling of another person as an invitee 
16 with that person's permission, any
pistol, revolver, stun 
17 gun or taser or other firearm, except that this
subsection 
18 (a) (10) does not apply to or affect transportation of 
19 weapons that
meet one of the following conditions:

20   (i) are broken down in a non-functioning state; or

21   (ii) are not immediately accessible; or

22   (iii) are unloaded and enclosed in a case, firearm 
23 carrying box,
shipping box, or other container by a 
24 person who has been issued a currently
valid Firearm 
25 Owner's
Identification Card; or

26   (iv) are carried or possessed in accordance with 
 
 
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1 the Firearm Concealed Carry Act by a person who has 
2 been issued a currently valid license under the Firearm 
3 Concealed Carry Act. 
4  A "stun gun or taser", as used in this paragraph (a) 
5 means (i) any device
which is powered by electrical 
6 charging units, such as, batteries, and
which fires one or 
7 several barbs attached to a length of wire and
which, upon 
8 hitting a human, can send out a current capable of 
9 disrupting
the person's nervous system in such a manner as 
10 to render him incapable of
normal functioning or (ii) any 
11 device which is powered by electrical
charging units, such 
12 as batteries, and which, upon contact with a human or

13 clothing worn by a human, can send out current capable of 
14 disrupting
the person's nervous system in such a manner as 
15 to render him incapable
of normal functioning; or

16  (11) Sells, manufactures or purchases any explosive 
17 bullet. For purposes
of this paragraph (a) "explosive 
18 bullet" means the projectile portion of
an ammunition 
19 cartridge which contains or carries an explosive charge 
20 which
will explode upon contact with the flesh of a human 
21 or an animal.
"Cartridge" means a tubular metal case having 
22 a projectile affixed at the
front thereof and a cap or 
23 primer at the rear end thereof, with the
propellant 
24 contained in such tube between the projectile and the cap; 
25 or

26  (12) (Blank); or

 
 
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1  (13) Carries or possesses on or about his or her person 
2 while in a building occupied by a unit of government, a 
3 billy club, other weapon of like character, or other 
4 instrument of like character intended for use as a weapon. 
5 For the purposes of this Section, "billy club" means a 
6 short stick or club commonly carried by police officers 
7 which is either telescopic or constructed of a solid piece 
8 of wood or other man-made material. 
9 (b) Sentence. A person convicted of a violation of 
10subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),

11subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a 
12Class A
misdemeanor.
A person convicted of a violation of 
13subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a 
14person
convicted of a violation of subsection 24-1(a)(6) or 
1524-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person 
16convicted of a violation of subsection
24-1(a)(7)(i) or 
1724-1(a)(7)(i-5) commits a Class 2 felony and shall be sentenced 
18to a term of imprisonment of not less than 3 years and not more 
19than 7 years, unless the weapon or device is possessed in the

20passenger compartment of a motor vehicle as defined in Section 
211-146 of the
Illinois Vehicle Code, or on the person, while the 
22weapon is loaded or the device is attached to the loaded 
23weapon, in which
case it shall be a Class X felony. A person 
24convicted of a
second or subsequent violation of subsection 
2524-1(a)(4), 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a 
26Class 3 felony. The possession of each weapon or device in 
 
 
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1violation of this Section constitutes a single and separate 
2violation.

3 (c) Violations in specific places.

4  (1) A person who violates subsection 24-1(a)(6) or 
5 24-1(a)(7) in any
school, regardless of the time of day or 
6 the time of year, in residential
property owned, operated 
7 or managed by a public housing agency or
leased by
a public 
8 housing agency as part of a scattered site or mixed-income

9 development, in a
public park, in a courthouse, on the real 
10 property comprising any school,
regardless of the
time of 
11 day or the time of year, on residential property owned, 
12 operated
or
managed by a public housing agency
or leased by 
13 a public housing agency as part of a scattered site or

14 mixed-income development,
on the real property comprising 
15 any
public park, on the real property comprising any 
16 courthouse, in any conveyance
owned, leased or contracted 
17 by a school to
transport students to or from school or a 
18 school related activity, in any conveyance
owned, leased, 
19 or contracted by a public transportation agency, or on any

20 public way within 1,000 feet of the real property 
21 comprising any school,
public park, courthouse, public 
22 transportation facility, or residential property owned, 
23 operated, or managed
by a public housing agency
or leased 
24 by a public housing agency as part of a scattered site or

25 mixed-income development
commits a Class 2 felony and shall 
26 be sentenced to a term of imprisonment of not less than 3 
 
 
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1 years and not more than 7 years.

2  (1.5) A person who violates subsection 24-1(a)(4), 
3 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the 
4 time of day or the time of year,
in residential property 
5 owned, operated, or managed by a public
housing
agency
or 
6 leased by a public housing agency as part of a scattered 
7 site or
mixed-income development,
in
a public
park, in a 
8 courthouse, on the real property comprising any school, 
9 regardless
of the time of day or the time of year, on 
10 residential property owned,
operated, or managed by a 
11 public housing agency
or leased by a public housing agency 
12 as part of a scattered site or
mixed-income development,
on 
13 the real property
comprising any public park, on the real 
14 property comprising any courthouse, in
any conveyance 
15 owned, leased, or contracted by a school to transport 
16 students
to or from school or a school related activity, in 
17 any conveyance
owned, leased, or contracted by a public 
18 transportation agency, or on any public way within
1,000 
19 feet of the real property comprising any school, public 
20 park, courthouse,
public transportation facility, or 
21 residential property owned, operated, or managed by a 
22 public
housing agency
or leased by a public housing agency 
23 as part of a scattered site or
mixed-income development

24 commits a Class 3 felony.

25  (2) A person who violates subsection 24-1(a)(1), 
26 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the 
 
 
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1 time of day or the time of year, in
residential property 
2 owned, operated or managed by a public housing
agency
or 
3 leased by a public housing agency as part of a scattered 
4 site or
mixed-income development,
in
a public park, in a 
5 courthouse, on the real property comprising any school,

6 regardless of the time of day or the time of year, on 
7 residential property
owned, operated or managed by a public 
8 housing agency
or leased by a public housing agency as part 
9 of a scattered site or
mixed-income development,
on the 
10 real property
comprising any public park, on the real 
11 property comprising any courthouse, in
any conveyance 
12 owned, leased or contracted by a school to transport 
13 students
to or from school or a school related activity, in 
14 any conveyance
owned, leased, or contracted by a public 
15 transportation agency, or on any public way within
1,000 
16 feet of the real property comprising any school, public 
17 park, courthouse,
public transportation facility, or 
18 residential property owned, operated, or managed by a 
19 public
housing agency or leased by a public housing agency 
20 as part of a scattered
site or mixed-income development 
21 commits a Class 4 felony. "Courthouse"
means any building 
22 that is used by the Circuit, Appellate, or Supreme Court of

23 this State for the conduct of official business.

24  (3) Paragraphs (1), (1.5), and (2) of this subsection 
25 (c) shall not
apply to law
enforcement officers or security 
26 officers of such school, college, or
university or to 
 
 
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1 students carrying or possessing firearms for use in 
2 training
courses, parades, hunting, target shooting on 
3 school ranges, or otherwise with
the consent of school 
4 authorities and which firearms are transported unloaded

5 enclosed in a suitable case, box, or transportation 
6 package.

7  (4) For the purposes of this subsection (c), "school" 
8 means any public or
private elementary or secondary school, 
9 community college, college, or
university.

10  (5) For the purposes of this subsection (c), "public 
11 transportation agency" means a public or private agency 
12 that provides for the transportation or conveyance of

13 persons by means available to the general public, except 
14 for transportation
by automobiles not used for conveyance 
15 of the general public as passengers; and "public 
16 transportation facility" means a terminal or other place

17 where one may obtain public transportation.

18 (d) The presence in an automobile other than a public 
19omnibus of any
weapon, instrument or substance referred to in 
20subsection (a)(7) is
prima facie evidence that it is in the 
21possession of, and is being
carried by, all persons occupying 
22such automobile at the time such
weapon, instrument or 
23substance is found, except under the following
circumstances: 
24(i) if such weapon, instrument or instrumentality is
found upon 
25the person of one of the occupants therein; or (ii) if such

26weapon, instrument or substance is found in an automobile 
 
 
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1operated for
hire by a duly licensed driver in the due, lawful 
2and proper pursuit of
his trade, then such presumption shall 
3not apply to the driver.

4 (e) Exemptions.
5  (1) Crossbows, Common or Compound bows and Underwater

6 Spearguns are exempted from the definition of ballistic 
7 knife as defined in
paragraph (1) of subsection (a) of this 
8 Section.
9  (2) The provision of paragraph (1) of subsection (a) of 
10 this Section prohibiting the sale, manufacture, purchase, 
11 possession, or carrying of any knife, commonly referred to 
12 as a switchblade knife, which has a
blade that opens 
13 automatically by hand pressure applied to a button,
spring 
14 or other device in the handle of the knife, does not apply 
15 to a person who possesses a currently valid Firearm Owner's 
16 Identification Card previously issued in his or her name by 
17 the Department of State Police or to a person or an entity 
18 engaged in the business of selling or manufacturing 
19 switchblade knives. 

20(Source: P.A. 99-29, eff. 7-10-15; 100-82, eff. 8-11-17.)



21 Section 99. Effective date. This Act takes effect upon 
22becoming law.