(A) It shall be unlawful for any person, firm, or corporation to own, purchase, acquire, carry, or possess any fully automatic firearms, sawed-off shotguns, or any weapon from which eight or more shots or bullets may be discharged by a single function of the firing device; any shotgun having one or more barrels less than 18 inches in length, or any weapon made from a shotgun, if such weapon has an overall length of less than 26 inches or a barrel length of less than 18 inches, or any bomb, bombshell, grenade, bottle, or other container containing an explosive substance of over one-quarter ounce for like substances, such as, but not limited to: black powder bombs, Molotov cocktails, or artillery projectiles.
(B) The provisions of this section do not apply to or affect any of the following:
(1) Peace officers;
(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 Force of the United States, or the Illinois National Guard, while in the performance of their official duties;
(4) The manufacture, transportation, or sale of machine guns to persons authorized under divisions (B)(1) through (B)(3) above to possess machine guns if the machine guns are broken down in a nonfunctioning state or not immediately accessible.
(C) The presence in an automobile other than a public omnibus of any weapon, intrument, or substance referred to in 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:
(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) Any complaint based upon a violation of this section need not negative any exemptions contained in this section. The defendant shall have the burden of proving such an exemption.
(Ord. 82-0-003, passed 1-5-82) Penalty, see § 133.99