Applicable IL Statutes

Applicable IL Statutes and Definitions

(720 ILCS 5/2-6) (from Ch. 38, par. 2-6)

Sec. 2-6.

“Dwelling”. (a) Except as otherwise provided in subsection (b) of

this Section, “dwelling” means a building or portion thereof, a tent, a vehicle, or

other enclosed space which is used or intended for use as a human habitation,

home or residence.

(b) For the purposes of Section 19-3 of this Code, “dwelling” means a house,

apartment, mobile home, trailer, or other living quarters in which at the time of the

alleged offense the owners or occupants actually reside or in their absence

intend within a reasonable period of time to reside.

(Source: P.A. 84-1289.)

(720 ILCS 5/2-8) (from Ch. 38, par. 2-8)

Sec. 2-8.

“Forcible felony”. “Forcible felony” means treason, first degree

murder, second degree murder, predatory criminal sexual assault of a child,

aggravated criminal sexual assault, criminal sexual assault, robbery, burglary,

residential burglary, aggravated arson, arson, aggravated kidnaping, kidnaping,

aggravated battery resulting in great bodily harm or permanent disability or

disfigurement and any other felony which involves the use or threat of physical

force or violence against any individual.

(Source: P.A. 88-277; 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)

(720 ILCS 5/7-1) (from Ch. 38, par. 7-1)

Sec. 7-1.

Use of force in defense of person.

(a) A person is justified in the use of force against another when and to the

extent that he reasonably believes that such conduct is necessary to defend

himself or another against such other’s imminent use of unlawful force. However,

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he is justified in the use of force which is intended or likely to cause death or

great bodily harm only if he reasonably believes that such force is necessary to

prevent imminent death or great bodily harm to himself or another, or the

commission of a forcible felony.

(b)

In no case shall any act involving the use of force justified under this

 

Section give rise to any claim or liability brought by or on behalf of any

 

person acting within the definition of “aggressor” set forth in Section 7-4

 

of

this Article, or the estate, spouse, or other family member of such a person,

against the person or estate of the person using such justified force, unless the

use of force involves willful or wanton misconduct.

(Source: P.A. 93-832, eff. 7-28-04.)

(720 ILCS 5/7-2) (from Ch. 38, par. 7-2)

Sec. 7-2.

Use of force in defense of dwelling.

(a) A person is justified in the use of force against another when and to the

extent that he reasonably believes that such conduct is necessary to prevent or

terminate such other’s unlawful entry into or attack upon a dwelling. However, he

is justified in the use of force which is intended or likely to cause death or great

bodily harm only if:

(1) The entry is made or attempted in a violent, riotous, or tumultuous

manner, and he reasonably believes that such force is necessary to prevent an

assault upon, or offer of personal violence to, him or another then in the dwelling,

or

(2) He reasonably believes that such force is necessary to prevent the

commission of a felony in the dwelling.

(b) In no case shall any act involving the use of force justified under this

Section give rise to any claim or liability brought by or on behalf of any person

acting within the definition of “aggressor” set forth in Section 7-4 of this Article, or

the estate, spouse, or other family member of such a person, against the person

or estate of the person using such justified force, unless the use of force involves

willful or wanton misconduct.

(Source: P.A. 93-832, eff. 7-28-04.)

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(720 ILCS 5/7-3) (from Ch. 38, par. 7-3)

Sec. 7-3.

Use of force in defense of other property.

(a) A person is justified in the use of force against another when and to the

extent that he reasonably believes that such conduct is necessary to prevent or

terminate such other’s trespass on or other tortious or criminal interference with

either real property (other than a dwelling) or personal property, lawfully in his

possession or in the possession of another who is a member of his immediate

family or household or of a person whose property he has a legal duty to protect.

However, he is justified in the use of force which is intended or likely to cause

death or great bodily harm only if he reasonably believes that such force is

necessary to prevent the commission of a forcible felony.

(b) In no case shall any act involving the use of force justified under this

Section give rise to any claim or liability brought by or on behalf of any person

acting within the definition of “aggressor” set forth in Section 7-4 of this Article, or

the estate, spouse, or other family member of such a person, against the person

or estate of the person using such justified force, unless the use of force involves

willful or wanton misconduct.

(Source: P.A. 93-832, eff. 7-28-04.)

(720 ILCS 5/7-4) (from Ch. 38, par. 7-4)

Sec. 7-4. Use of force by

aggressor.

The justification described in the preceding Sections of this Article is not

available to a person who:

(a) Is attempting to commit, committing, or escaping after the commission of, a

forcible felony; or

(b) Initially provokes the use of force against himself, with the intent to use

such force as an excuse to inflict bodily harm upon the assailant; or

(c) Otherwise initially provokes the use of force against himself, unless:

(1) Such force is so great that he reasonably believes that he is in imminent

danger of death or great bodily harm, and that he has exhausted every

reasonable means to escape such danger other than the use of force which is

likely to cause death or great bodily harm to the assailant; or

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(2) In good faith, he withdraws from physical contact with the assailant and

indicates clearly to the assailant that he desires to withdraw and terminate the

use of force, but the assailant continues or resumes the use of force.

(Source: Laws 1961, p. 1983.)

(720 ILCS 5/24 10)

Sec. 24 10.

Municipal ordinance regulating firearms; affirmative defense to

a violation. It is an affirmative defense to a violation of a municipal ordinance that

prohibits, regulates, or restricts the private ownership of firearms if the individual

who is charged with the violation used the firearm in an act of self defense or

defense of another as defined in Sections 7 1 and 7 2 of this Code when on his

or her land or in his or her abode or fixed place of business.

(Source: P.A. 93 1048, eff. 11 16 04.)

(720 ILCS 5/24-1) (from Ch. 38, par. 24-1)

Sec. 24-1.

Unlawful Use of Weapons.

(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 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, 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

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(4) Carries 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, except that this subsection (a) (4) does not apply to or affect

transportation of weapons that meet one of the following conditions:

(i) are broken down in a non-functioning state; or

(ii) are not immediately accessible; or

(iii) 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:

(i) a machine gun, which shall be defined for the purposes of this

subsection 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;

(ii) 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

(iii) 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

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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 (a)(8) 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) Carries or possesses on or about his person, upon any public street,

alley, or other public lands within the corporate limits of a city, village or

incorporated town, 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, except that

this subsection (a) (10) does not apply to or affect transportation of weapons that

meet one of the following conditions:

(i) are broken down in a non-functioning state; or

(ii) are not immediately accessible; or

(iii) 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.

A “stun gun or taser”, as used in this paragraph (a) means (i) 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 (ii)

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; or

(11) Sells, manufactures or purchases any explosive bullet. For purposes of

this paragraph (a) “explosive bullet” means the projectile portion of an

ammunition cartridge which contains or carries an explosive charge which will

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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 such tube

between the projectile and the cap; or

(12) (Blank); or

(13) 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) Sentence. A person convicted of a violation of subsection 24-1(a)(1)

through (5), subsection 24-1(a)(10), subsection 24-1(a)(11), or subsection 24-

1(a)(13) commits a Class A misdemeanor. A person convicted of a violation of

subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a person convicted

of a violation of subsection 24-1(a)(6) or 24-1(a)(7)(ii) or (iii) commits a Class 3

felony. A person convicted of a violation of subsection 24-1(a)(7)(i) commits a

Class 2 felony and shall be sentenced to a term of imprisonment of not less than

3 years and not more than 7 years, unless the weapon is possessed in the

passenger compartment of a motor vehicle as defined in Section 1-146 of the

Illinois Vehicle Code, or on the person, while the weapon is loaded, in which case

it shall be a Class X felony. A person convicted of a second or subsequent

violation of subsection 24-1(a)(4), 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits

a Class 3 felony. The possession of each weapon in violation of this Section

constitutes a single and separate violation.

(c) Violations in specific places.

(1) A person who violates subsection 24-1(a)(6) or 24-1(a)(7) in any school,

regardless of the time of day or the time of year, in residential property owned,

operated or managed by a public housing agency or leased by a public housing

agency as part of a scattered site or mixed-income development, in a public park,

in a courthouse, on the real property comprising any school, regardless of the

time of day or the time of year, on residential property owned, operated or

managed by a public housing agency or leased by a public housing agency as

part of a scattered site or mixed-income development, on the real property

comprising any public park, on the real property comprising any courthouse, in

any conveyance owned, leased or contracted by a school to transport students to

or from school or a school related activity, in any conveyance owned, leased, or

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contracted by a public transportation agency, or on any public way within 1,000

feet of the real property comprising any school, public park, courthouse, public

transportation facility, or residential property owned, operated, or managed by a

public housing agency or leased by a public housing agency as part of a

scattered site or mixed-income development commits a Class 2 felony and shall

be sentenced to a term of imprisonment of not less than 3 years and not more

than 7 years.

(1.5) A person who violates subsection 24-1(a)(4), 24-1(a)(9), or 24-1(a)(10)

in any school, regardless of the time of day or the time of year, in residential

property owned, operated, or managed by a public housing agency or leased by

a public housing agency as part of a scattered site or mixed-income

development, in a public park, in a courthouse, on the real property comprising

any school, regardless of the time of day or the time of year, on residential

property owned, operated, or managed by a public housing agency or leased by

a public housing agency as part of a scattered site or mixed-income

development, on the real property comprising any public park, on the real

property comprising any courthouse, in any conveyance owned, leased, or

contracted by a school to transport students to or from school or a school related

activity, in any conveyance owned, leased, or contracted by a public

transportation agency, or on any public way within 1,000 feet of the real property

comprising any school, public park, courthouse, public transportation facility, or

residential property owned, operated, or managed by a public housing agency or

leased by a public housing agency as part of a scattered site or mixed-income

development commits a Class 3 felony.

(2) A person who violates subsection 24-1(a)(1), 24-1(a)(2), or 24-1(a)(3) in

any school, regardless of the time of day or the time of year, in residential

property owned, operated or managed by a public housing agency or leased by a

public housing agency as part of a scattered site or mixed-income development,

in a public park, in a courthouse, on the real property comprising any school,

regardless of the time of day or the time of year, on residential property owned,

operated or managed by a public housing agency or leased by a public housing

agency as part of a scattered site or mixed-income development, on the real

property comprising any public park, on the real property comprising any

courthouse, in any conveyance owned, leased or contracted by a school to

transport students to or from school or a school related activity, in any

conveyance owned, leased, or contracted by a public transportation agency, or

on any public way within 1,000 feet of the real property comprising any school,

public park, courthouse, public transportation facility, or residential property

owned, operated, or managed by a public housing agency or leased by a public

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housing agency as part of a scattered site or mixed-income development

commits a Class 4 felony. “Courthouse” means any building that is used by the

Circuit, Appellate, or Supreme Court of this State for the conduct of official

business.

(3) Paragraphs (1), (1.5), and (2) of this subsection (c) shall not apply to law

enforcement officers or security officers of such school, college, or university or

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 enclosed in a

suitable case, box, or transportation package.

(4) For the purposes of this subsection (c), “school” means any public or

private elementary or secondary school, community college, college, or

university.

(5) For the purposes of this subsection (c), “public transportation agency”

means a public or private agency that provides for the transportation or

conveyance of persons by means available to the general public, except for

transportation by automobiles not used for conveyance of the general public as

passengers; and “public transportation facility” means a terminal or other place

where one may obtain public transportation.

(d) The presence in an automobile other than a public omnibus of any weapon,

instrument or substance referred to in subsection (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: (i) if such weapon, instrument or

instrumentality is found upon the person of one of the occupants therein; or (ii) 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.

(e) Exemptions. Crossbows, Common or Compound bows and Underwater

Spearguns are exempted from the definition of ballistic knife as defined in

paragraph (1) of subsection (a) of this Section.

(Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09; 95-885, eff. 1-1-09; 96-41,

eff. 1-1-10; 96-328, eff. 8-11-09; 96-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)

(720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)

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Sec. 24-1.1. Unlawful Use or Possession of Weapons by Felons or Persons in

the Custody of the Department of Corrections Facilities.

(a) It is unlawful for a person to knowingly possess on or about his person or

on his land or in his own abode or fixed place of business any weapon prohibited

under Section 24-1 of this Act or any firearm or any firearm ammunition if the

person has been convicted of a felony under the laws of this State or any other

jurisdiction. This Section shall not apply if the person has been granted relief by

the Director of the Department of State Police under Section 10 of the Firearm

Owners Identification Card Act.

(b) It is unlawful for any person confined in a penal institution, which is a facility

of the Illinois Department of Corrections, to possess any weapon prohibited

under Section 24-1 of this Code or any firearm or firearm ammunition, regardless

of the intent with which he possesses it.

(c) It shall be an affirmative defense to a violation of subsection (b), that such

possession was specifically authorized by rule, regulation, or directive of the

Illinois Department of Corrections or order issued pursuant thereto.

(d) The defense of necessity is not available to a person who is charged with a

violation of subsection (b) of this Section.

(e) Sentence. Violation of this Section by a person not confined in a penal

institution shall be a Class 3 felony for which the person shall be sentenced to no

less than 2 years and no more than 10 years and any second or subsequent

violation shall be a Class 2 felony for which the person shall be sentenced to a

term of imprisonment of not less than 3 years and not more than 14 years.

Violation of this Section by a person not confined in a penal institution who has

been convicted of a forcible felony, a felony violation of Article 24 of this Code or

of the Firearm Owners Identification Card Act, stalking or aggravated stalking, or

a Class 2 or greater felony under the Illinois Controlled Substances Act, the

Cannabis Control Act, or the Methamphetamine Control and Community

Protection Act is a Class 2 felony for which the person shall be sentenced to not

less than 3 years and not more than 14 years. Violation of this Section by a

person who is on parole or mandatory supervised release is a Class 2 felony for

which the person shall be sentenced to not less than 3 years and not more than

14 years. Violation of this Section by a person not confined in a penal institution

is a Class X felony when the firearm possessed is a machine gun. Any person

who violates this Section while confined in a penal institution, which is a facility of

the Illinois Department of Corrections, is guilty of a Class 1 felony, if he

possesses any weapon prohibited under Section 24-1 of this Code regardless of

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the intent with which he possesses it, a Class X felony if he possesses any

firearm, firearm ammunition or explosive, and a Class X felony for which the

offender shall be sentenced to not less than 12 years and not more than 50 years

when the firearm possessed is a machine gun. A violation of this Section while

wearing or in possession of body armor as defined in Section 33F-1 is a Class X

felony punishable by a term of imprisonment of not less than 10 years and not

more than 40 years. The possession of each firearm or firearm ammunition in

violation of this Section constitutes a single and separate violation.

(Source: P.A. 97-237, eff. 1-1-12.)

(720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)

Sec. 24-1.2. Aggravated discharge of a firearm.

(a) A person commits aggravated discharge of a firearm when he or she

knowingly or intentionally:

(1) Discharges a firearm at or into a building he or she knows or reasonably

should know to be occupied and the firearm is discharged from a place or

position outside that building;

(2) Discharges a firearm in the direction of another person or in the direction

of a vehicle he or she knows or reasonably should know to be occupied by a

person;

(3) Discharges a firearm in the direction of a person he or she knows to be a

peace officer, a community policing volunteer, a correctional institution employee,

or a fireman while the officer, volunteer, employee or fireman is engaged in the

execution of any of his or her official duties, or to prevent the officer, volunteer,

employee or fireman from performing his or her official duties, or in retaliation for

the officer, volunteer, employee or fireman performing his or her official duties;

(4) Discharges a firearm in the direction of a vehicle he or she knows to be

occupied by a peace officer, a person summoned or directed by a peace officer,

a correctional institution employee or a fireman while the officer, employee or

fireman is engaged in the execution of any of his or her official duties, or to

prevent the officer, employee or fireman from performing his or her official duties,

or in retaliation for the officer, employee or fireman performing his or her official

duties;

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(5) Discharges a firearm in the direction of a person he or she knows to be

an emergency medical technician – ambulance, emergency medical technician –

intermediate, emergency medical technician – paramedic, ambulance driver, or

other medical assistance or first aid personnel, employed by a municipality or

other governmental unit, while the emergency medical technician – ambulance,

emergency medical technician – intermediate, emergency medical technician –

paramedic, ambulance driver, or other medical assistance or first aid personnel is

engaged in the execution of any of his or her official duties, or to prevent the

emergency medical technician – ambulance, emergency medical technician –

intermediate, emergency medical technician – paramedic, ambulance driver, or

other medical assistance or first aid personnel from performing his or her official

duties, or in retaliation for the emergency medical technician – ambulance,

emergency medical technician – intermediate, emergency medical technician –

paramedic, ambulance driver, or other medical assistance or first aid personnel

performing his or her official duties;

(6) Discharges a firearm in the direction of a vehicle he or she knows to be

occupied by an emergency medical technician – ambulance, emergency medical

technician – intermediate, emergency medical technician – paramedic, ambulance

driver, or other medical assistance or first aid personnel, employed by a

municipality or other governmental unit, while the emergency medical technician

– ambulance, emergency medical technician – intermediate, emergency medical

technician – paramedic, ambulance driver, or other medical assistance or first aid

personnel is engaged in the execution of any of his or her official duties, or to

prevent the emergency medical technician – ambulance, emergency medical

technician – intermediate, emergency medical technician – paramedic, ambulance

driver, or other medical assistance or first aid personnel from performing his or

her official duties, or in retaliation for the emergency medical technician –

ambulance, emergency medical technician – intermediate, emergency medical

technician – paramedic, ambulance driver, or other medical assistance or first aid

personnel performing his or her official duties;

(7) Discharges a firearm in the direction of a person he or she knows to be a

teacher or other person employed in any school and the teacher or other

employee is upon the grounds of a school or grounds adjacent to a school, or is

in any part of a building used for school purposes;

(8) Discharges a firearm in the direction of a person he or she knows to be

an emergency management worker while the emergency management worker is

engaged in the execution of any of his or her official duties, or to prevent the

emergency management worker from performing his or her official duties, or in

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retaliation for the emergency management worker performing his or her official

duties; or

(9) Discharges a firearm in the direction of a vehicle he or she knows to be

occupied by an emergency management worker while the emergency

management worker is engaged in the execution of any of his or her official

duties, or to prevent the emergency management worker from performing his or

her official duties, or in retaliation for the emergency management worker

performing his or her official duties.

(b) A violation of subsection (a)(1) or subsection (a)(2) of this Section is a

Class 1 felony. A violation of subsection (a)(1) or (a)(2) of this Section committed

in a school, on the real property comprising a school, within 1,000 feet of the real

property comprising a school, at a school related activity or on or within 1,000

feet of any conveyance owned, leased, or contracted by a school to transport

students to or from school or a school related activity, regardless of the time of

day or time of year that the offense was committed is a Class X felony. A

violation of subsection (a)(3), (a)(4), (a)(5), (a)(6), (a)(7), (a)(8), or (a)(9) of this

Section is a Class X felony for which the sentence shall be a term of

imprisonment of no less than 10 years and not more than 45 years.

(c) For purposes of this Section:

“School” means a public or private elementary or secondary school,

community college, college, or university.

“School related activity” means any sporting, social, academic, or other activity

for which students’ attendance or participation is sponsored, organized, or funded

in whole or in part by a school or school district.

(Source: P.A. 94-243, eff. 1-1-06.)

(720 ILCS 5/24-1.2-5)

Sec. 24-1.2-5. Aggravated discharge of a machine gun or a firearm equipped

with a device designed or used for silencing the report of a firearm.

(a) A person commits aggravated discharge of a machine gun or a firearm

equipped with a device designed or used for silencing the report of a firearm

when he or she knowingly or intentionally:

(1) Discharges a machine gun or a firearm equipped with a device designed

or used for silencing the report of a firearm at or into a building he or she knows

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to be occupied and the machine gun or the firearm equipped with a device

designed or used for silencing the report of a firearm is discharged from a place

or position outside that building;

(2) Discharges a machine gun or a firearm equipped with a device designed

or used for silencing the report of a firearm in the direction of another person or in

the direction of a vehicle he or she knows to be occupied;

(3) Discharges a machine gun or a firearm equipped with a device designed

or used for silencing the report of a firearm in the direction of a person he or she

knows to be a peace officer, a person summoned or directed by a peace officer,

a correctional institution employee, or a fireman while the officer, employee or

fireman is engaged in the execution of any of his or her official duties, or to

prevent the officer, employee or fireman from performing his or her official duties,

or in retaliation for the officer, employee or fireman performing his or her official

duties;

(4) Discharges a machine gun or a firearm equipped with a device designed

or used for silencing the report of a firearm in the direction of a vehicle he or she

knows to be occupied by a peace officer, a person summoned or directed by a

peace officer, a correctional institution employee or a fireman while the officer,

employee or fireman is engaged in the execution of any of his or her official

duties, or to prevent the officer, employee or fireman from performing his or her

official duties, or in retaliation for the officer, employee or fireman performing his

or her official duties;

(5) Discharges a machine gun or a firearm equipped with a device designed

or used for silencing the report of a firearm in the direction of a person he or she

knows to be an emergency medical technician – ambulance, emergency medical

technician – intermediate, emergency medical technician – paramedic, ambulance

driver, or other medical assistance or first aid personnel, employed by a

municipality or other governmental unit, while the emergency medical technician

– ambulance, emergency medical technician – intermediate, emergency medical

technician – paramedic, ambulance driver, or other medical assistance or first aid

personnel is engaged in the execution of any of his or her official duties, or to

prevent the emergency medical technician – ambulance, emergency medical

technician – intermediate, emergency medical technician – paramedic, ambulance

driver, or other medical assistance or first aid personnel from performing his or

her official duties, or in retaliation for the emergency medical technician –

ambulance, emergency medical technician – intermediate, emergency medical

technician – paramedic, ambulance driver, or other medical assistance or first aid

personnel performing his or her official duties;

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(6) Discharges a machine gun or a firearm equipped with a device designed

or used for silencing the report of a firearm in the direction of a vehicle he or she

knows to be occupied by an emergency medical technician – ambulance,

emergency medical technician – intermediate, emergency medical technician –

paramedic, ambulance driver, or other medical assistance or first aid personnel,

employed by a municipality or other governmental unit, while the emergency

medical technician – ambulance, emergency medical technician – intermediate,

emergency medical technician – paramedic, ambulance driver, or other medical

assistance or first aid personnel is engaged in the execution of any of his or her

official duties, or to prevent the emergency medical technician – ambulance,

emergency medical technician – intermediate, emergency medical technician –

paramedic, ambulance driver, or other medical assistance or first aid personnel

from performing his or her official duties, or in retaliation for the emergency

medical technician – ambulance, emergency medical technician – intermediate,

emergency medical technician – paramedic, ambulance driver, or other medical

assistance or first aid personnel performing his or her official duties;

(7) Discharges a machine gun or a firearm equipped with a device designed

or used for silencing the report of a firearm in the direction of a person he or she

knows to be an emergency management worker while the emergency

management worker is engaged in the execution of any of his or her official

duties, or to prevent the emergency management worker from performing his or

her official duties, or in retaliation for the emergency management worker

performing his or her official duties; or

(8) Discharges a machine gun or a firearm equipped with a device designed

or used for silencing the report of a firearm in the direction of a vehicle he or she

knows to be occupied by an emergency management worker while the

emergency management worker is engaged in the execution of any of his or her

official duties, or to prevent the emergency management worker from performing

his or her official duties, or in retaliation for the emergency management worker

performing his or her official duties.

(b) A violation of subsection (a) (1) or subsection (a) (2) of this Section is a

Class X felony. A violation of subsection (a) (3), (a) (4), (a) (5), (a) (6), (a) (7), or

(a) (8) of this Section is a Class X felony for which the sentence shall be a term

of imprisonment of no less than 12 years and no more than 50 years.

(c) For the purpose of this Section, “machine gun” has the meaning ascribed

to it in clause (i) of paragraph (7) of subsection (a) of Section 24-1 of this Code.

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(d) 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.

(Source: P.A. 97-676, eff. 6-1-12.)

(720 ILCS 5/24-1.5)

Sec. 24-1.5. Reckless discharge of a firearm.

(a) A person commits reckless discharge of a firearm by discharging a firearm

in a reckless manner which endangers the bodily safety of an individual.

(b) If the conduct described in subsection (a) is committed by a passenger of a

moving motor vehicle with the knowledge and consent of the driver of the motor

vehicle the driver is accountable for such conduct.

(c) Reckless discharge of a firearm is a Class 4 felony.

(d) This Section does not apply to a peace officer while in the performance of

his or her official duties.

(Source: P.A. 88-217.)

(720 ILCS 5/24-1.6)

Sec. 24-1.6. Aggravated unlawful use of a weapon.

(a) A person commits the offense of aggravated unlawful use of a weapon

when he or she knowingly:

(1) Carries on or about his or her person or in any vehicle or concealed on

or about his or her person except when on his or her land or in his or her 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; or

(2) Carries or possesses on or about his or her person, upon any public

street, alley, or other public lands within the corporate limits of a city, village or

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incorporated town, 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 or her own land or in his or her 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; and

(3) One of the following factors is present:

(A) the firearm, other than a pistol, revolver, or handgun, possessed was

uncased, loaded, and immediately accessible at the time of the offense; or

(A-5) the pistol, revolver, or handgun possessed was uncased, loaded,

and immediately accessible at the time of the offense and the person possessing

the pistol, revolver, or handgun has not been issued a currently valid license

under the Firearm Concealed Carry Act; or

(B) the firearm, other than a pistol, revolver, or handgun, possessed was

uncased, unloaded, and the ammunition for the weapon was immediately

accessible at the time of the offense; or

(B-5) the pistol, revolver, or handgun possessed was uncased, unloaded,

and the ammunition for the weapon was immediately accessible at the time of

the offense and the person possessing the pistol, revolver, or handgun has not

been issued a currently valid license under the Firearm Concealed Carry Act; or

(C) the person possessing the firearm has not been issued a currently

valid Firearm Owner’s Identification Card; or

(D) the person possessing the weapon was previously adjudicated a

delinquent minor under the Juvenile Court Act of 1987 for an act that if committed

by an adult would be a felony; or

(E) the person possessing the weapon was engaged in a misdemeanor

violation of the Cannabis Control Act, in a misdemeanor violation of the Illinois

Controlled Substances Act, or in a misdemeanor violation of the

Methamphetamine Control and Community Protection Act; or

(F) (blank); or

(G) the person possessing the weapon had a order of protection issued

against him or her within the previous 2 years; or

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(H) the person possessing the weapon was engaged in the commission

or attempted commission of a misdemeanor involving the use or threat of

violence against the person or property of another; or

(I) the person possessing the weapon was under 21 years of age and in

possession of a handgun, unless the person under 21 is engaged in lawful

activities under the Wildlife Code or described in subsection 24-2(b)(1), (b)(3), or

24-2(f).

(a-5) “Handgun” as used in this Section has the meaning given to it in Section

5 of the Firearm Concealed Carry Act.

(b) “Stun gun or taser” as used in this Section has the same definition given to

it in Section 24-1 of this Code.

(c) This Section does not apply to or affect the transportation or possession of

weapons that:

(i) are broken down in a non-functioning state; or

(ii) are not immediately accessible; or

(iii) 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.

(d) Sentence.

(1) Aggravated unlawful use of a weapon is a Class 4 felony; a second or

subsequent offense is a Class 2 felony for which the person shall be sentenced

to a term of imprisonment of not less than 3 years and not more than 7 years.

(2) Except as otherwise provided in paragraphs (3) and (4) of this

subsection (d), a first offense of aggravated unlawful use of a weapon committed

with a firearm by a person 18 years of age or older where the factors listed in

both items (A) and (C) or both items (A-5) and (C) of paragraph (3) of subsection

(a) are present is a Class 4 felony, for which the person shall be sentenced to a

term of imprisonment of not less than one year and not more than 3 years.

(3) Aggravated unlawful use of a weapon by a person who has been

previously convicted of a felony in this State or another jurisdiction is a Class 2

felony for which the person shall be sentenced to a term of imprisonment of not

less than 3 years and not more than 7 years.

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(4) Aggravated unlawful use of a weapon while wearing or in possession of

body armor as defined in Section 33F-1 by a person who has not been issued a

valid Firearms Owner’s Identification Card in accordance with Section 5 of the

Firearm Owners Identification Card Act is a Class X felony.

(e) The possession of each firearm in violation of this Section constitutes a

single and separate violation.

(Source: P.A. 98-63, eff. 7-9-13.)

(720 ILCS 5/24-1.7)

Sec. 24-1.7. Armed habitual criminal.

(a) A person commits the offense of being an armed habitual criminal if he or

she receives, sells, possesses, or transfers any firearm after having been

convicted a total of 2 or more times of any combination of the following offenses:

(1) a forcible felony as defined in Section 2-8 of this Code;

(2) unlawful use of a weapon by a felon; aggravated unlawful use of a

weapon; aggravated discharge of a firearm; vehicular hijacking; aggravated

vehicular hijacking; aggravated battery of a child as described in Section 12-4.3

or subdivision (b)(1) of Section 12-3.05; intimidation; aggravated intimidation;

gunrunning; home invasion; or aggravated battery with a firearm as described in

Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05; or

(3) any violation of the Illinois Controlled Substances Act or the Cannabis

Control Act that is punishable as a Class 3 felony or higher.

(b) Sentence. Being an armed habitual criminal is a Class X felony.

(Source: P.A. 96-1551, eff. 7-1-11.)

(720 ILCS 5/24-1.8)

Sec. 24-1.8. Unlawful possession of a firearm by a street gang member.

(a) A person commits unlawful possession of a firearm by a street gang

member when he or she knowingly:

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(1) possesses, carries, or conceals on or about his or her person a firearm

and firearm ammunition while on any street, road, alley, gangway, sidewalk, or

any other lands, except when inside his or her own abode or inside his or her

fixed place of business, and has not been issued a currently valid Firearm

Owner’s Identification Card and is a member of a street gang; or

(2) possesses or carries in any vehicle a firearm and firearm ammunition

which are both immediately accessible at the time of the offense while on any

street, road, alley, or any other lands, except when inside his or her own abode

or garage, and has not been issued a currently valid Firearm Owner’s

Identification Card and is a member of a street gang.

(b) Unlawful possession of a firearm by a street gang member is a Class 2

felony for which the person, if sentenced to a term of imprisonment, shall be

sentenced to no less than 3 years and no more than 10 years. A period of

probation, a term of periodic imprisonment or conditional discharge shall not be

imposed for the offense of unlawful possession of a firearm by a street gang

member when the firearm was loaded or contained firearm ammunition and the

court shall sentence the offender to not less than the minimum term of

imprisonment authorized for the Class 2 felony.

(c) For purposes of this Section:

“Street gang” or “gang” has the meaning ascribed to it in Section 10 of the

Illinois Streetgang Terrorism Omnibus Prevention Act.

“Street gang member” or “gang member” has the meaning ascribed to it in

Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.

(Source: P.A. 96-829, eff. 12-3-09.)

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Appendix B

Appendix B May be copied and handed out to

Students

Prohibited Places

1) Any building, real property, and parking area under the control of a public

or private elementary or secondary school.

2) Any building, real property, and parking area under the control of a

preschool or child care facility, including any room or portion of a building under

the control of a pre-school or child care facility. Nothing in this paragraph shall

prevent the operator of a child care facility in a family home from owning or

possessing a firearm in the home or license under this Act, if no child under child

care at the home is present in the home or the firearm in the home is stored in a

locked container when a child under child care at the home is present in the

home.

3) Any building, parking area, or portion of a building under the control of an

officer of the executive or legislative branch of government, provided that nothing

in this paragraph shall prohibit a licensee from carrying a concealed firearm onto

the real property, bikeway, or trail in a park regulated by the Department of

Natural Resources or any other designated public hunting area or building where

firearm possession is permitted as established by the Department of Natural

Resources under Section 1.8 of the Wildlife Code.

4) Any building designated for matters before a circuit court, appellate court,

or the Supreme Court, or any building or portion of a building under the control of

the Supreme Court.

5) Any building or portion of a building under the control of a unit of local

government.

6) Any building, real property, and parking area under the control of an adult

or juvenile detention or correctional institution, prison, or jail.

7) Any building, real property, and parking area under the control of a public

or private hospital or hospital affiliate, mental health facility, or nursing home.

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8) Any bus, train, or form of transportation paid for in whole or in part with

public funds, and any building, real property, and parking area under the control

of a public transportation facility paid for in whole or in part with public funds.

9) Any building, real property, and parking area under the control of an

establishment that serves alcohol on its premises, if more than 50% of the

establishment’s gross receipts within the prior 3 months is from the sale of

alcohol. The owner of an establishment who knowingly fails to prohibit concealed

firearms on its premises as provided in this paragraph or who knowingly makes a

false statement or record to avoid the prohibition on concealed firearms under

this paragraph is subject to the penalty under subsection (c-5) of Section 10-1 of

the Liquor Control Act of 1934.

10) Any public gathering or special event conducted on property open to the

public that requires the issuance of a permit from the unit of local government,

provided this prohibition shall not apply to a licensee who must walk through a

public gathering in order to access his or her residence, place of business, or

vehicle.

11) Any building or real property that has been issued Special Event

Retailer’s license as defined in Section 1-3.17.1 of the Liquor Control Act during

the time designated for the sale of alcohol by the Special Event Retailer’s license,

or a Special use permit license as defined in subsection (q) of Section 5-1 of the

Liquor Control Act during the time designated for the sale of alcohol by the

Special use permit license.

12) Any public playground.

13) Any public park, athletic area, or athletic facility under the control of a

municipality or park district, provided nothing in this Section shall prohibit a

licensee from carrying a concealed firearm while on a trail or bikeway if only a

portion of the trail or bikeway includes a public park.

14) Any real property under the control of the Cook County Forest Preserve

District.

15) Any building, classroom, laboratory, medical clinic, hospital, artistic

venue, athletic venue, entertainment venue, officially recognized universityrelated

organization property, whether owned or leased, and any real property,

including parking areas, sidewalks, and common areas under the control of a

public or private community college, college, or university.

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16) Any building, real property, or parking area under the control of a gaming

facility licensed under the Riverboat Gambling Act or the Illinois Horse Racing

Act of 1975, including an inter-track wagering location licensee.

17) Any stadium, arena, or the real property or parking area under the control

of a stadium, arena, or any collegiate or professional sporting event.

18) Any building, real property, or parking area under the control of a public

library.

19) Any building, real property, or parking area under the control of an airport.

20) Any building, real property, or parking area under the control of an

amusement park.

21) Any building, real property, or parking area under the control of a zoo or

museum.

22) Any street, driveway, parking area, property, building, or facility, owned,

leased, controlled, or used by a nuclear energy, storage, weapons, or

development site or facility regulated by the federal Nuclear Regulatory

Commission. The licensee shall not under any circumstance store a firearm or

ammunition in his or her vehicle or in a compartment or container within a vehicle

located anywhere in or on the street, driveway, parking area, property, building,

or facility described in this paragraph.

23) Any area where firearms are prohibited under federal law, such as, but

not limited to: Courthouses, Federal Buildings, Post Offices, and any other

Federally prohibited areas.