Section
Deadly Weapons
137.01 Unlawful use of weapons
137.02 Exemptions
137.03 Unlawful possession of firearms and firearm ammunition
137.04 Defacing identification marks of firearms
137.05 Confiscation and disposition of weapons
Statutory reference:
Firearm owners identification card, ILCS Ch. 430, Act 65, §§ 1 through 16.3
DEADLY WEAPONS
(A) No person shall knowingly:
(1) Sell, manufacture, purchase, possess, or carry any bludgeon, black-jack, sling-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;
(2) Carry or possess 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;
(3) Carry 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;
(4) Carry or possess 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) Broken down in a non-functioning state, or
(b) Not immediately accessible, or
(c) 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;
(5) Set a spring gun;
(6) Carry or possess 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;
(7) Carry or possess 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:
(a) Broken down in a non-functioning state,
(b) Not immediately accessible, or
(c) 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
(8) Sell, manufacture, or purchase any explosive bullet.
EXPLOSIVE BULLET
shall mean 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.
(9) Carry or possess 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.
(10) Fire, discharge, set off, or use within the limits of the city any air gun, "bean shooter," slingshot, bow or any other instrument or machine from which a missile is discharged or hurled.
(B) A
STUN GUN
or
TASER
, as used in division (A), means:
(1) 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
(2) 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 a current capable of disrupting the person's nervous system in such a manner as to render him incapable of normal functioning.
(Am. Ord. 2859, passed 10-25-93) Penalty, see § 130.99
Statutory reference:
Unlawful use of weapons, ILCS Ch. 720, Act 5, § 24-1
(A) Divisions (A)(3), (A)(4), (A)(10), and (A)(13) of this section and 720 ILCS 5/24-1.6 do not apply to or affect any of the following:
(1) Peace officers, and any person summoned by a peace officer to assist in making arrests or preserving the peace, while actually engaged in assisting such officer.
(2) Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense, while in the performance of their official duty, or while commuting between their homes and places of employment.
(3) Members of the armed services or reserve forces of the United States or the Illinois National Guard or the Reserve Officers Training Corps, while in the performance of their official duty.
(4) Special agents employed by a railroad or a public utility to perform police functions, and guards of armored car companies, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment; and watchmen while actually engaged in the performance of the duties of their employment.
(5) Persons licensed as private security contractors, private detectives, or private alarm contractors, or employed by a private security contractor, private detective, or private alarm contractor agency licensed by the Department of Financial and Professional Regulation, if their duties include the carrying of a weapon under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment. A person shall be considered eligible for this exemption if he or she has completed the required 20 hours of training for a private security contractor, private detective, or private alarm contractor, or employee of a licensed private security contractor, private detective, or private alarm contractor agency and 28 hours of required firearm training, and has been issued a firearm control card by the Department of Financial and Professional Regulation. Conditions for the renewal of firearm control cards issued under the provisions of this section shall be the same as for those cards issued under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. The firearm control card shall be carried by the private security contractor, private detective, or private alarm contractor, or employee of the licensed private security contractor, private detective, or private alarm contractor agency at all times when he or she is in possession of a concealable weapon permitted by his or her firearm control card.
(6) Any person regularly employed in a commercial or industrial operation as a security guard for the protection of persons employed and private property related to such commercial or industrial operation, while actually engaged in the performance of his or her duty or traveling between sites or properties belonging to the employer, and who, as a security guard, is a member of a security force registered with the Department of Financial and Professional Regulation; provided that such security guard has successfully completed a course of study, approved by and supervised by the Department of Financial and Professional Regulation, consisting of not less than 48 hours of training that includes the theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 28 hours of required firearm training, and has been issued a firearm control card by the Department of Financial and Professional Regulation. Conditions for the renewal of firearm control cards issued under the provisions of this Section shall be the same as for those cards issued under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. The firearm control card shall be carried by the security guard at all times when he or she is in possession of a concealable weapon permitted by his or her firearm control card.
(7) Agents and investigators of the Illinois Legislative Investigating Commission authorized by the Commission to carry the weapons specified in divisions (A)(3) and (A)(4) of this section, while on duty in the course of any investigation for the Commission.
(8) Persons employed by a financial institution as a security guard for the protection of other employees and property related to such financial institution, while actually engaged in the performance
of their duties, commuting between their homes and places of employment, or traveling between sites or properties owned or operated by such financial institution, and who, as a security guard, is a member of a security force registered with the Department; provided that any person so employed has successfully completed a course of study, approved by and supervised by the Department of Financial and Professional Regulation, consisting of not less than 48 hours of training which includes theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered to be eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 28 hours of required firearm training, and has been issued a firearm control card by the Department of Financial and Professional Regulation. Conditions for renewal of firearm control cards issued under the provisions of this section shall be the same as for those issued under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. The firearm control card shall be carried by the security guard at all times when he or she is in possession of a concealable weapon permitted by his or her firearm control card. For purposes of this division, FINANCIAL INSTITUTION means a bank, savings and loan association, credit union or company providing armored car services.
(9) Any person employed by an armored car company to drive an armored car, while actually engaged in the performance of his duties.
(10) Persons who have been classified as peace officers pursuant to the Peace Officer Fire Investigation Act.
(11) Investigators of the Office of the State's Attorneys Appellate Prosecutor authorized by the Board of Governors of the Office of the State's Attorneys Appellate Prosecutor to carry weapons pursuant to Section 7.06 of the State's Attorneys Appellate Prosecutor's Act.
(12) Special investigators appointed by a State's Attorney under Section 3-9005 of the Counties Code.
(12.5) Probation officers while in the performance of their duties, or while commuting between their homes, places of employment or specific locations that are part of their assigned duties, with the consent of the chief judge of the circuit for which they are employed, if they have received weapons training according to requirements of the Peace Officer and Probation Officer Firearm Training Act.
(13) Court security officers while in the performance of their official duties, or while commuting between their homes and places of employment, with the consent of the Sheriff.
(13.5) A person employed as an armed security guard at a nuclear energy, storage, weapons or development site or facility regulated by the Nuclear Regulatory Commission who has completed the background screening and training mandated by the rules and regulations of the Nuclear Regulatory Commission.
(14) Manufacture, transportation, or sale of weapons to persons authorized under division (A)(1) through (A)(13.5) of this section to possess those weapons.
(A-5) Divisions (A)(4) and (A)(10) of this section do not apply to or affect any person carrying a concealed pistol, revolver, or handgun and the person has been issued a currently valid license under the Firearm Concealed Carry Act at the time of the commission of the offense.
(A-6) Divisions (A)(4) and (A)(10) of this section do not apply to or affect a qualified current or retired law enforcement officer or a current or retired deputy, county correctional officer, or correctional officer of the Department of Corrections qualified under the laws of this state or under the federal Law Enforcement Officers Safety Act.
(B) Divisions (A)(4) and (A)(10) of this section and 720 ILCS 5/24-1.6 do not apply to or affect any of the following:
(1) Members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, and patrons of such ranges, while such members or patrons are using their firearms on those target ranges.
(2) Duly authorized military or civil organizations while parading, with the special permission of the Governor.
(3) Hunters, trappers or fishermen with a license or permit while engaged in hunting, trapping or fishing.
(4) Transportation of weapons that are broken down in a non-functioning state or are not immediately accessible.
(5) Carrying or possessing any pistol, revolver, stun gun or taser or other firearm on the land or in the legal dwelling of another person as an invitee with that person's permission.
(C) Division (A)(7) of this section does not apply to or affect any of the following:
(1) Peace officers while in performance of their official duties.
(2) Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense.
(3) Members of the armed services or reserve forces of the United States or the Illinois National Guard, while in the performance of their official duty.
(4) Manufacture, transportation, or sale of machine guns to persons authorized under divisions (C)(1) through (C)(3) of this section to possess machine guns, if the machine guns are broken down in a non-functioning state or are not immediately accessible.
(5) Persons licensed under federal law to manufacture any weapon from which eight or more shots or bullets can be discharged by a single function of the firing device, or ammunition for such weapons, and actually engaged in the business of manufacturing such weapons or ammunition, but only with respect to activities which are within the lawful scope of such business, such as the manufacture, transportation, or testing of such weapons or ammunition. This exemption does not authorize the general private possession of any weapon from which eight or more shots or bullets can be discharged by a single function of the firing device, but only such possession and activities as are within the lawful scope of a licensed manufacturing business described in this division. During transportation, such weapons shall be broken down in a non-functioning state or not immediately accessible.
(6) The manufacture, transport, testing, delivery, transfer or sale, and all lawful commercial or experimental activities necessary thereto, of rifles, shotguns, and weapons made from rifles or shotguns, or ammunition for such rifles, shotguns or weapons, where engaged in by a person operating as a contractor or subcontractor pursuant to a contract or subcontract for the development and supply of such rifles, shotguns, weapons or ammunition to the United States government or any branch of the armed forces of the United States, when such activities are necessary and incident to fulfilling the terms of such contract. The exemption granted under this division (C)(6) shall also apply to any authorized agent of any such contractor or subcontractor who is operating within the scope of his employment, where such activities involving such weapon, weapons or ammunition are necessary and incident to fulfilling the terms of such contract.
(7) A person possessing a rifle with a barrel or barrels less than 16 inches in length if:
(a) The person has been issued a curios and relics license from the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives; or
(b) The person is an active member of a bona fide, nationally recognized military re-enacting group and the modification is required and necessary to accurately portray the weapon for historical re-enactment purposes; the re-enactor is in possession of a valid and current re-enacting group membership credential; and the overall length of the weapon as modified is not less than 26 inches.
(D) Division (A)(1) of this section does not apply to the purchase, possession or carrying of a black-jack or slung-shot by a peace officer.
(E) Division (A)(8) of this section does not apply to any owner, manager or authorized employee of any place specified in that division nor to any law enforcement officer.
(F) Division (A)(4) and (A)(10) of this section and 720 ILCS 5/24-1.6 do not apply to members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while using their firearms on those target ranges.
(G) Divisions (A)(11) of this section and 720 ILCS 5/24-3.1(a)(6) do not apply to:
(1) Members of the armed services or reserve forces of the United States or the Illinois National Guard, while in the performance of their official duty.
(2) Bonafide collectors of antique or surplus military ordnance.
(3) Laboratories having a department of forensic ballistics, or specializing in the development of ammunition or explosive ordnance.
(4) Commerce, preparation, assembly or possession of explosive bullets by manufacturers of ammunition licensed by the federal government, in connection with the supply of those organizations and persons exempted by division (G)(1) of this section, or like organizations and persons outside this state, or the transportation of explosive bullets to any organization or person exempted in this section by a common carrier or by a vehicle owned or leased by an exempted manufacturer.
(G-5) Division (A)(6) of this section does not apply to or affect persons licensed under federal law to manufacture any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm, firearms, or ammunition for those firearms equipped with those devices, and actually engaged in the business of manufacturing those devices, firearms, or ammunition, but only with respect to activities that are within the lawful scope of that business, such as the manufacture, transportation, or testing of those devices, firearms, or ammunition. This exemption does not authorize the general private possession of any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm, but only such possession and activities as are within the lawful scope of a licensed manufacturing business described in this division (G-5). During transportation, these devices shall be detached from any weapon or not immediately accessible.
(G-6) Divisions (A)(4) and (A)(10) of this section and 720 ILCS 5/24-1.6 do not apply to or affect any parole agent or parole supervisor who meets the qualifications and conditions prescribed in Section 3-14-1.5 of the Unified Code of Corrections.
(G-7) Division (A)(6) of this section does not apply to a peace officer while serving as a member of a tactical response team or special operations team. A peace officer may not personally own or apply for ownership of a device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm. These devices shall be owned and maintained by lawfully recognized units of government whose duties include the investigation of criminal acts.
(H) Any information or indictment based upon a violation of any division of this section need not negate any exemptions contained in this section. The defendant shall have the burden of proving such an exemption.
(I) Nothing in this section shall prohibit, apply to, or affect the transportation, carrying, or possession, of any pistol or revolver, stun gun, taser, or other firearm consigned to a common carrier operating under license of the State of Illinois or the federal government, where such transportation, carrying, or possession is incident to the lawful transportation in which such common carrier is engaged; and nothing in this chapter shall prohibit, apply to, or affect the transportation, carrying, or possession of any pistol, revolver, stun gun, taser, or other firearm, not the subject of and regulated by division (A)(7) or division (C) of this section, which is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container, by the possessor of a valid Firearm Owners Identification Card.
(ILCS Ch. 720, Act 5, § 24-2)
A person commits the offense of unlawful possession of firearms or firearm ammunition when:
(A) He is under 18 years of age and has in his possession any firearm of a size which may be concealed upon the person;
(B) He is under 21 years of age, has been convicted of a misdemeanor other than a traffic offense or adjudged delinquent, and has any firearms or firearm ammunition in his possession;
(C) He has been convicted of a felony under the laws of this or any other jurisdiction and has any firearms or firearm ammunition in his possession;
(D) He is a narcotic addict and has any firearms or firearm ammunition in his possession;
(E) He has been a patient in a mental hospital within the past five years and has any firearms or firearm ammunition in his possession; or
(F) He is a person with an intellectual disability and has any firearms or firearm ammunition in his possession.
(G) He has in his possession any explosive bullet. For the purposes of this section
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 fixed at the front thereof and a cap or primer at the rear end thereof with the propellent contained in the tube between the projectile and the cap.
(H) Nothing in this section prohibits a person under 18 years of age from participating in any lawful recreational activity with a firearm, such as, but not limited to, practice shooting at targets upon established public or private target ranges or hunting, trapping, or fishing in accordance with the Wildlife Code or the Fish and Aquatic Life Code.
(ILCS Ch. 720, Act 5, § 24-3.1) Penalty, see § 130.99
(A) Any person who shall knowingly or intentionally change, alter, remove, or obliterate the name of the importer's or manufacturer's serial number of any firearm commits a Class 2 felony.
(B) A person who possesses any firearm upon which any such importer's or manufacturer's serial number has been changed, altered, removed, or obliterated commits a Class 3 felony.
(ILCS Ch. 720, Act 5, § 24-5)
(A) Upon conviction of an offense in which a weapon was used or possessed by the offender, any weapon seized shall be confiscated by the trial court.
(B) Any stolen weapon so confiscated, when no longer needed for evidentiary purposes, shall be returned to the person entitled to possession, if known. After the disposition of a criminal case or in any criminal case where a final judgment in the case was not entered due to the death of the defendant, and when a confiscated weapon is no longer needed for evidentiary purposes, and when in due course no legitimate claim has been made for the weapon, the court may transfer the weapon to the sheriff of the county who may proceed to destroy it, or may in its discretion order the weapon preserved as property of the governmental body whose police agency seized the weapon, or may in its discretion order the weapon to be transferred to the Illinois State Police for use by the crime laboratory system, for training purposes, or for any other application as deemed appropriate by the Department. If, after the disposition of a criminal case, a need still exists for the use of the confiscated weapon for evidentiary purposes, the court may transfer the weapon to the custody of the State Department of Corrections for preservation. The court may not order the transfer of the weapon to any private individual or private organization other than to return a stolen weapon to its rightful owner. The provisions of this section shall not apply to violations of the Fish and Aquatic Life Code or the Wildlife Code. Confiscation of weapons for Fish and Aquatic Life Code and Wildlife Code violations shall be only as provided in those Codes.
(C) Any mental hospital that admits a person as an inpatient pursuant to any of the provisions of the Mental Health and Developmental Disabilities Code shall confiscate any firearms in the possession of that person at the time of admission, or at any time the firearms are discovered in the person's possession during the course of hospitalization. The hospital shall, as soon as possible following confiscation, transfer custody of the firearms to the appropriate law enforcement agency. The hospital shall give written notice to the person from whom the firearm was confiscated of the identity and address of the law enforcement agency to which it has given the firearm. The law enforcement agency shall maintain possession of any firearm it obtains pursuant to this division for a minimum of 90 days. Thereafter, the firearm may be disposed of pursuant to the provisions of division (B) of this section.
(ILCS Ch. 720, Act 5, § 24-6)