(A) Sales/possession. A person commits the offense of unlawful use of weapons when he knowingly:
(1) Sells, manufactures, purchases, possesses or carries 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 refereed 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;
(2) Carriers 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, 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;
(2.5) Carries or possesses with intent to use the same unlawfully against another, any firearm in a church, synagogue, mosque, or other building, structure, or place used for religious worship;
(3) CaCarries 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;
(4) Sets a spring gun;
(5) Possesses any device or attachment of any kind designed, used or intended for use in silencing the report of any firearm;
(6) Sells, manufacturers, purchases, possesses or carries:
(a) A machine gun, which shall be defined for the purposes of this subdivision 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, manufacturers, 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;
(b) 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
(c) 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;
(7) 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 of 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;
(8) 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;
(9) Carries or possesses on or about his person, upon any public street, alley, or other public lands within the corporate limits of the village, 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. A "STUN GUN" or "TASER", as used in this division 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 a currant capable of disrupting the person's nervous system in such a manner as to render him incapable of normal functioning;
(10) Sells, manufactures or purchases any explosive bullet, irregardless of whether such bullet is capable of penetrating any garment worn by a person. For purposes of this division "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, or with any garment worn by any person. "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;
(11) Carries or possesses on or about his person any bludgeon, black-jack, sling-shot, sand-club, sand-bag, metal knuckles, switchblade knife, ballistic knife, tear gas gun projector bomb or any object containing noxious liquid gas, pistol or revolver or other firearm, bomb, grenade, bottle or other container containing an explosive substance of over one-quarter ounce, or cartridge while in the building or on the grounds of any elementary or secondary school, community college, college or university. This subdivision shall not apply to law enforcement officers or security officers of such school, college or university, nor 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 and enclosed in a suitable case, box or transportation package; or
(12) 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.
(B) 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 and is not found upon the person of such driver, then such presumption shall not apply to the driver.
(C) Violations on school property, or in a public park or any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, or residential property owned, operated and managed by a public housing agency.
(1) A person who violates division (A)(6) or (A)(7) in any school, regardless of the time of day or the time of year or residential property owned, operated and managed by a public housing agency, or in a public park or on the real property comprising any school, regardless of the time of day or the time of year or residential property owned, operated and managed by a public housing agency or on the real property comprising any public park, or any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity or on any public way within 1,000 feet of the real property comprising any school or public park or any residential property operated, and managed by a public housing agency shall be prosecuted under state law.
(2) A person who violates division (A)(9) in any school, regardless of the time of day or the time of year or residential property owned, operated and managed by a public housing agency or in a public park or on the real property comprising any school, regardless of the time of day or the time of year or residential property owned, operated and managed by a public housing agency or on the real property comprising any public park or any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity or on any public way within 1,000 feet of the real property comprising any school or public park or residential property owned, operated, and managed by a public housing agency shall be prosecuted under state law. School is defined as any public or private elementary or secondary school, community college, college or university.
(D) Exemptions. Crossbows, common or compound bows and underwater spearguns are exempted from the definition of ballistic knife as defined in division (A)(1) of this section.
(E) Penalty. Any person who violates division (A)(1) through (5), (8), (10), or (11) of this section shall be guilty of a misdemeanor. Any person who violates division (A)(6), (7), (9), or (12), or of a second or subsequent violation of division (A)(4) of this section shall be prosecuted under state law. The possession of each firearm or firearm ammunition in violation of this section constitutes a single and separate violation.
(ILCS Ch. 720, Act 5, § 24-1) (Ord. 1065-88, passed 11-9-88; Am. Ord. 2051-90, passed 2-21-90; Am. Ord. 2305-95, passed 1-18-94) Penalty, see § 130.99