A. Unlawful Use Of Weapons: A person commits the offense of unlawful use of weapons when he knowingly:
1. Sells, manufactures, purchases, possesses or carries any bludgeon, blackjack, slingshot, sand club, sandbag, metal knuckles 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
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, 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; or (Ord. 77-6-2, 6-22-1977)
4. Reserved. (Ord. 2013-07-02, 7-24-2013)
5. Sets a spring gun; or
6. Possesses any device or any 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 any weapon from which more than eight (8) shots or bullets may be discharged by a single function of the firing device, any shotgun with a barrel less than eighteen inches (18") in length, or any bomb, bombshell, grenade, bottle or other container containing an explosive substance such as, but not limited to, black powder bombs and Molotov cocktails; or
8. Carries or possesses any firearm 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; or
9. Carries or possesses in a vehicle or on or about his person any pistol, revolver, or firearm, when he is hooded, robed or masked in such a manner as to conceal his identity.
B. Prima Facie Evidence: The presence in an automobile other than a public omnibus of any weapon, instrument or substance referred to in subsection A7 of this section 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:
If such weapon, instrument or instrumentality is found upon the person of one of the occupants therein; or
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, and then presumption shall not apply to the driver.
C. Exemption:
1. Subsection A3 of this section does not apply to or affect any of the following:
Peace officers or any person summoned by any such officers to assist in making arrests or preserving the peace while he is actually engaged in assisting such officer.
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 place of employment.
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.
Special agents employed by a railroad to perform police functions while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment; watchmen while actually engaged in the performance of the duties of their employment; security guards while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment, provided that such commuting is accomplished within one hour from departure from home or place of employment, as the case may be. For purposes of this section, "security guards" mean persons employed by a licensed detective agency as defined by "an act to provide for licensing and regulating detectives and detective agencies", approved June 26, 1933, as amended, who are so employed for any of the purposes enumerated in section 1(b) of such act 1 .
Agents and investigators of the Illinois crime investigating commission authorized by the commission to carry the weapons specified in subsection A3 of this section, while on duty in the course of any investigation for the commission.
Manufacture, transportation or sale of weapons to persons authorized under this subsection to possess those weapons. (Ord. 77-6-2, 6-22-1977)
2. Subsection A7 of this section does not apply to or affect any of the following:
Peace officers;
Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense;
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;
Manufacture, transportation or sale of machine guns to persons authorized above to possess machine guns, if the machine guns are broken down in a nonfunctioning state or not immediately accessible.
3. Subsection A1 of this section does not apply to the purchase, possession or carrying of a blackjack or slingshot by a peace officer.
4. Subsection A8 of this section does not apply to any owner, manager or authorized employee of any place specified in subsection A8 of this section nor to any law enforcement officer.
5. Any complaint based upon a violation of any subsection of this section need not negate any exemptions contained in this section. The defendant shall have the burden of proving such an exemption. (Ord. 77-6-2, 6-22-1977; amd. Ord. 2013-07-02, 7-24-2013)
D. Discharge Of Firearms: It shall be unlawful to discharge any firearms within the corporate limits of the village; provided, that this section shall not be construed to prohibit any officer of the law from discharging a firearm in the performance of his duty, nor prohibit any citizen from discharging a firearm when lawfully defending his person or property. (Ord. 80-1-4, 1-23-1980)
Notes
| 1 | 1. 225 ILCS 445/1 et seq. |
| 2 | 1. See title 4, chapter 5 of this code for waterfowl blind regulations. |