(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, 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
(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
(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
(4) Carries or possesses in any vehicle or concealed on or about his person, except when on his land or in his own abode or fixed place of business, any pistol, revolver, stun gun, taser or other firearm, except that this subsection does not apply to or affect transportation of weapons that meet one of the following conditions:
(a) Are broken down in a non- functioning state;
(b) Are not immediately accessible; or
(c) 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
(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
(7) Sells, manufactures, purchases, possesses or carries a machine gun, which shall be defined for the purposes of this division 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, or 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 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
(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. (This subsection 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
(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
(10) (a) Carries or possesses on or about his person on any public street, alley, or other public lands within this city, except when an invitee thereon or therein for the purpose of display of the weapon or the lawful commerce in weapons, or except when on his land or in his own abode or fixed place of business, any pistol, revolver, stun gun or taser or other firearm, except that this subsection does not apply to or affect transportation of weapons that meet one of the following conditions:
1. Are broken down in a non-functioning state;
2. Are not immediately accessible; or
3. 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.
(b) A "STUN GUN OR TASER", as used in this section, means 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 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.
(11) Sells, manufactures, or purchases any explosive bullet. For purposes of this division "EXPLOSIVEBULLET" 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 the tube between the projectile and the cap.
(12) Shoots any animal or bird regulated by the State of Illinois Wildlife Code or in any way engages in the act of hunting within the city limits.
(B) It shall be unlawful for any person to fire or discharge any gun, pistol, or other firearm within the city or any of its parks unless otherwise allowed by law. This division shall not apply to members of any skeet or trapshooting club using guns to fire at targets on an established range of a skeet or trapshooting club for which a license has been issued.
(C) The presence in an automobile other than a public omnibus of any weapon, instrument or substance referred to in division (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:
(1) If such weapon, instrument or instrumentality is found upon the person of one of the occupants therein; or
(2) 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.
(D) Crossbows, common or compound bows and underwater spearguns are exempted from the definition of ballistic knife as defined in division (A)(l) above.
(Ord. 6994, passed 7-19-83; amend. Ord. 7208, passed 9-23-86; amend. Ord. 7217, passed 12-30-86; amend. Ord. 8256, passed 7-2-02; Am. Ord. 8437, passed 7-5-05) Penalty, see § 130.99
Statutory reference:
Similar state law, see ILCS Ch. 720, Act 5, § 24-1