[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A person commits the offense of unlawful use of weapons when
he knowingly:
A.
Sells, manufactures, purchases, possesses or carries any air gun,
spring-loaded gun, 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 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
B.
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
C.
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 nonlethal noxious liquid gas or
substance designed solely for personal defense carried by a person
18 years of age or older; or
D.
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 D does not apply to or affect transportation of weapons that meet one of the following conditions:
(1)
Are
broken down in a nonfunctioning state; or
(2)
Are
not immediately accessible; or
(3)
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
firearms owner’s identification card; or
(4)
Are
carried or possessed in accordance with the Firearm Concealed Carry
Act (430 ILCS 66/1 et seq.) by a person who has been issued a currently
valid license under the Firearm Concealed Carry Act; or
E.
Sets a spring gun; or
F.
Possesses any device or attachment of any kind designed, used or
intended for use in silencing the report of any firearm; or
G.
Sells, manufactures, purchases, possesses or carries:
(1)
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;
(2)
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
(3)
Any
bomb, bombshell, grenade, bottle or other container containing an
explosive substance of over 1/4 ounce for like purposes, such as,
but not limited to, black powder bombs and Molotov cocktails or artillery
projectiles; or
H.
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 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
I.
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
J.
Carries or possesses on or about his person, upon any public street, alley, or other public lands within the City, 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 J does not apply to or affect transportation of weapons that meet one of the following conditions:
(1)
Are
broken down in a nonfunctioning state; or
(2)
Are
not immediately accessible; or
(3)
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
(4)
Are
carried or possessed in accordance with the Firearm Concealed Carry
Act (430 ILCS 66/1 et seq.) by a person who has been issued a currently
valid license under the Firearm Concealed Carry Act;
K.
Sells, manufactures or purchases any explosive bullet. For purposes of this Subsection K, "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 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
L.
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 subsection, "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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
It shall be unlawful for any person to discharge any firearms
in the City; 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 any citizen from discharging a firearm
when lawfully defending his person or another person.
It shall be unlawful for any person to cast, throw or propel
any missile on any street, alley or public place.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A person commits the offense of unlawful sale of firearms when
he knowingly:
A.
Sells or gives any firearm of a size which may be concealed upon
the person to any person under 18 years of age;
B.
Sells or gives any firearm to a person under 21 years of age who
has been convicted of a misdemeanor other than a traffic offense or
adjudged delinquent;
C.
Sells or gives any firearm to any narcotic addict;
D.
Sells or gives any firearm to any person who has been convicted of
a felony under the laws of this or any other jurisdiction;
E.
Sells or gives any firearm to any person who has been a patient in
a mental hospital within the past five years;
F.
Sells or gives any firearm to any person who is a person with an
intellectual disability;
G.
Delivers any firearm of a size which may be concealed upon the person,
incidental to a sale, without withholding delivery of such firearm
for at least 72 hours after application for its purchase has been
made, or delivers any rifle, shotgun or other long gun, or a stun
gun or Taser, incidental to a sale, without withholding delivery of
such rifle, shotgun or other long gun, or a stun gun or Taser, for
at least 24 hours after application for its purchase has been made.
However, this subsection shall not apply to:
(1)
The sale of a firearm to a law enforcement officer if the seller
of the firearm knows that the person to whom he or she is selling
the firearm is a law enforcement officer or the sale of a firearm
to a person who desires to purchase a firearm for use in promoting
the public interest incident to his employment as a bank guard, armed
truck guard, or other similar employment; or
(2)
A mail order sale of a firearm from a federally licensed firearms
dealer to a nonresident of this state under which the firearm is mailed
to a federally licensed firearms dealer at a point outside the boundaries
of this state; or
(3)
The sale of a firearm to a nonresident of this state while at a firearm
showing or display recognized by the Illinois Department of State
Police; or
(4)
The sale of a firearm to a dealer licensed under Section 923 of the
federal Gun Control Act of 1968 (18 U.S.C. § 923);
H.
While holding any license as a dealer, importer, manufacturer or
pawnbroker under the federal Gun Control Act of 1968, manufactures,
sells or delivers to any unlicensed person a handgun having a barrel,
slide, frame or receiver which is a die casting of zinc alloy or any
other nonhomogeneous metal which will melt or deform at a temperature
of less than 800° F. For purposes of this subsection:
I.
Sells or gives a firearm of any size to any person under 18 years
of age who does not possess a valid firearm owner's identification
card;
J.
Sells or gives a firearm while engaged in the business of selling
firearms at wholesale or retail without being licensed as a federal
firearms dealer under Section 923 of the federal Gun Control Act of
1968;
K.
Sells or transfers ownership of a firearm to a person who does not
display to the seller or transferor of the firearm either: 1) a currently
valid firearm owner's identification card that has previously been
issued in the transferee's name by the Department of State Police
under the provisions of the Firearm Owners Identification Card Act
(430 ILCS 65/1 et seq.); or 2) a currently valid license to carry
a concealed firearm that has previously been issued in the transferee's
name by the Department of State Police under the Firearm Concealed
Carry Act (430 ILCS 66/1 et seq.).
(1)
This Subsection K does not apply to the transfer of a firearm to a person who is exempt from the requirement of possessing a firearm owner's identification card under Section 2 of the Firearm Owners Identification Card Act (430 ILCS 65/2).
(2)
For
the purposes of this subsection, a currently valid firearm owner's
identification card means:
L.
Not being entitled to the possession of a firearm, delivers the firearm,
knowing it to have been stolen or converted. It may be inferred that
a person who possesses a firearm with knowledge that its serial number
has been removed or altered has knowledge that the firearm is stolen
or converted.
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; or
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; or
C.
He has been convicted of a felony under the laws of this or any other
jurisdiction within five years from release from the penitentiary
or within five years of conviction if a penitentiary sentence has
not been imposed, and has any firearms or firearm ammunition in his
possession; or
D.
He is a narcotic addict and has any firearms or firearm ammunition
in his possession; or
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 has an intellectual disability and has any firearms or firearm
ammunition in his possession.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 shall be deemed guilty of a misdemeanor.
B.
Possession of any firearm upon which any such importer's or manufacturer's
serial number shall have been changed, altered, removed or obliterated
shall be a misdemeanor.
C.
Nothing in this section shall prevent a person from making repairs,
replacement of parts, or other changes to a firearm if those repairs,
replacement of parts, or changes cause the removal of the name of
the maker, model, or other marks of identification other than the
serial number on the firearm's frame or receiver.
A.
Upon conviction of a violation of this article, 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 Department of 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
AIR RIFLE
DEALER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any air gun, air pistol, spring gun, spring pistol, BB gun,
paint ball gun, pellet gun or any implement that is not a firearm
which impels a breakable paint ball containing washable marking colors
or a pellet constructed of hard plastic, steel, lead or other hard
material with a force that reasonably is expected to cause bodily
harm.
Any person, copartnership, association or corporation engaged
in the business of selling at retail or renting any of the articles
included in the definition of "air rifle."
B.
Selling, renting or transferring to children.
(1)
It is unlawful for any dealer to sell, lend, rent, give or otherwise
transfer an air rifle to any person under the age of 13 years where
the dealer knows or has cause to believe the person to be under 13
years of age or where such dealer has failed to make reasonable inquiry
relative to the age of such person and such person is under 13 years
of age.
(2)
It is unlawful for any person to sell, give, lend or otherwise transfer
any air rifle to any person under 13 years of age except where the
relationship of parent and child, guardian and ward or adult instructor
and pupil, exists between such person and the person under 13 years
of age, or where such person stands in loco parentis to the person
under 13 years of age.
C.
Carrying or discharging on public streets.
(1)
It is unlawful for any person under 13 years of age to carry any
air rifle on the public streets, roads, highways or public lands within
this City, unless such person under 13 years of age carries such rifle
unloaded.
(2)
It is unlawful for any person to discharge any air rifle from or
across any street, sidewalk, road, highway or public land or any public
place except on a safely constructed target range.
D.
Permissive possession. Notwithstanding any provision of this section,
it is lawful for any person under 13 years of age to have in his possession
any air rifle if it is:
(1)
Kept within his house of residence or other private enclosure;
(2)
Used by the person under 13 years of age and he is a duly enrolled
member of any club, team or society organized for educational purposes
and maintaining as part of its facilities or having written permission
to use an indoor or outdoor rifle range under the supervision, guidance
and instruction of a responsible adult and then only if said air rifle
is actually being used in connection with the activities of said club,
team or society under the supervision of a responsible adult; or
(3)
Used in or on any private grounds or residence under circumstances
when such air rifle is fired, discharged or operated in such a manner
as not to endanger persons or property and then only if it is used
in such manner as to prevent the projectile from passing over any
grounds or space outside the limits of such grounds or residence.
E.
Permissive sales. The provisions of this section do not prohibit
sales of air rifles:
F.
Seizure and removal. Any police officer shall seize, take, remove
or cause to be removed at the expense of the owner any air rifle sold
or used in any manner in violation of this section.
