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2005 Illinois 720 ILCS 5/      Criminal Code of 1961. Article 24 - Deadly Weapons


      (720 ILCS 5/Art. 24 heading)
ARTICLE 24. DEADLY WEAPONS

    (720 ILCS 5/24‑1)(from Ch. 38, par. 24‑1)
    (Text of Section from P.A. 94‑72)
    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, 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
        (4) Carries or possesses in any vehicle or concealed
    
on or about his person except when on his land or in his own abode or fixed place of business 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 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 or fixed place of business, 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 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).
    (b) Sentence. A person convicted of a violation of subsection 24‑1(a)(1) through (5), subsection 24‑1(a)(10), or subsection 24‑1(a)(11) 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.
    (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, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, 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, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, 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, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, 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 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.
    (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. 94‑72, eff. 1‑1‑06.)
 
    (Text of Section from P.A. 94‑284)
    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, 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
        (4) Carries or possesses in any vehicle or concealed
    
on or about his person except when on his land or in his own abode or fixed place of business 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 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 or fixed place of business, 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 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).
    (b) Sentence. A person convicted of a violation of subsection 24‑1(a)(1) through (5), subsection 24‑1(a)(10), or subsection 24‑1(a)(11) 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, 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, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, 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.
        (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, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, 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, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, 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 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.
    (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. 94‑284, eff. 7‑21‑05.)

    (720 ILCS 5/24‑1.1)(from Ch. 38, par. 24‑1.1)
    (Text of Section from P.A. 94‑72)
    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, if sentenced to a term of imprisonment, 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 or the Cannabis Control 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, if sentenced to a term of imprisonment, 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 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.
(Source: P.A. 93‑906, eff. 8‑11‑04; 94‑72, eff. 1‑1‑06.)
 
    (Text of Section from P.A. 94‑284)
    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, if sentenced to a term of imprisonment, shall be sentenced to no less than 2 years and no more than 10 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 or the Cannabis Control Act is a Class 2 felony for which the person, if sentenced to a term of imprisonment, 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, if sentenced to a term of imprisonment, 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 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. 93‑906, eff. 8‑11‑04; 94‑284, eff. 7‑21‑05.)
 
    (Text of Section from P.A. 94‑556)
    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, if sentenced to a term of imprisonment, shall be sentenced to no less than 2 years and no more than 10 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, if sentenced to a term of imprisonment, 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, if sentenced to a term of imprisonment, 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 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.
(Source: P.A. 93‑906, eff. 8‑11‑04; 94‑556, eff. 9‑11‑05.)

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

    (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)
    (Text of Section from P.A. 94‑72)
    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 or fixed place of business 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 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 or fixed place of business, any pistol, revolver, stun gun or taser or other firearm; and
        (3) One of the following factors is present:
            (A) the firearm possessed was uncased, loaded
        
and immediately accessible at the time of the offense; or
            (B) the firearm possessed was uncased, unloaded
        
and the ammunition for the weapon was immediately accessible at the time of the offense; 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 or in a misdemeanor violation of the Illinois Controlled Substances Act; or
            (F) the person possessing the weapon is a member
        
of a street gang or is engaged in street gang related activity, as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act; or
            (G) the person possessing the weapon had a order
        
of protection issued against him or her within the previous 2 years; or
            (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 as defined in Section 24‑3, 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).
    (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. 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. 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. 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.
(Source: P.A. 93‑906, eff. 8‑11‑04; 94‑72, eff. 1‑1‑06.)
 
    (Text of Section from P.A. 94‑284)
    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 or fixed place of business 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 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 or fixed place of business, any pistol, revolver, stun gun or taser or other firearm; and
        (3) One of the following factors is present:
            (A) the firearm possessed was uncased, loaded
        
and immediately accessible at the time of the offense; or
            (B) the firearm possessed was uncased, unloaded
        
and the ammunition for the weapon was immediately accessible at the time of the offense; 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 or in a misdemeanor violation of the Illinois Controlled Substances Act; or
            (F) the person possessing the weapon is a member
        
of a street gang or is engaged in street gang related activity, as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act; or
            (G) the person possessing the weapon had a order
        
of protection issued against him or her within the previous 2 years; or
            (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 as defined in Section 24‑3, 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).
    (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. Aggravated unlawful use of a weapon is a Class 4 felony; a second or subsequent offense is a Class 2 felony. 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. 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. The possession of each firearm in violation of this Section constitutes a single and separate violation.
(Source: P.A. 93‑906, eff. 8‑11‑04; 94‑284, eff. 7‑21‑05.)
 
    (Text of Section from P.A. 94‑556)
    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 or fixed place of business 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 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 or fixed place of business, any pistol, revolver, stun gun or taser or other firearm; and
        (3) One of the following factors is present:
            (A) the firearm possessed was uncased, loaded
        
and immediately accessible at the time of the offense; or
            (B) the firearm possessed was uncased, unloaded
        
and the ammunition for the weapon was immediately accessible at the time of the offense; 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) the person possessing the weapon is a member
        
of a street gang or is engaged in street gang related activity, as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act; or
            (G) the person possessing the weapon had a order
        
of protection issued against him or her within the previous 2 years; or
            (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 as defined in Section 24‑3, 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).
    (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. Aggravated unlawful use of a weapon is a Class 4 felony; a second or subsequent offense is a Class 2 felony. 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. 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.
(Source: P.A. 93‑906, eff. 8‑11‑04; 94‑556, eff. 9‑11‑05.)

    (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; intimidation; aggravated intimidation; gunrunning; home invasion; or aggravated battery with a firearm; 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. 94‑398, eff. 8‑2‑05.)

    (720 ILCS 5/24‑2)(from Ch. 38, par. 24‑2)
    (Text of Section from P.A. 93‑438)
    Sec. 24‑2. Exemptions.
    (a) Subsections 24‑1(a)(3), 24‑1(a)(4) and 24‑1(a)(10) and Section 24‑1.6 do not apply to or affect any of the following:
        (1) Peace officers, and any person summoned by a
    
peace officer to assist in making arrests or preserving the peace, while actually engaged in assisting such officer.
        (2) 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 places of employment.
        (3) 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.
        (4) Special agents employed by a railroad or a
    
public utility to perform police functions, and guards of armored car companies, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment; and watchmen while actually engaged in the performance of the duties of their employment.
        (5) Persons licensed as private security
    
contractors, private detectives, or private alarm contractors, or employed by an agency certified by the Department of Professional Regulation, if their duties include the carrying of a weapon under the provisions of the Private Detective, Private Alarm, Private Security, and Locksmith Act of 2004, 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. Persons exempted under this subdivision (a)(5) shall be required to have completed a course of study in firearms handling and training approved and supervised by the Department of Professional Regulation as prescribed by Section 28 of the Private Detective, Private Alarm, Private Security, and Locksmith Act of 2004, prior to becoming eligible for this exemption. The Department of Professional Regulation shall provide suitable documentation demonstrating the successful completion of the prescribed firearms training. Such documentation shall be carried at all times when such persons are in possession of a concealable weapon.
        (6) Any person regularly employed in a commercial or
    
industrial operation as a security guard for the protection of persons employed and private property related to such commercial or industrial operation, while actually engaged in the performance of his or her duty or traveling between sites or properties belonging to the employer, and who, as a security guard, is a member of a security force of at least 5 persons registered with the Department of Professional Regulation; provided that such security guard has successfully completed a course of study, approved by and supervised by the Department of Professional Regulation, consisting of not less than 40 hours of training that includes the theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 20 hours of required firearm training, and has been issued a firearm authorization card by the Department of Professional Regulation. Conditions for the renewal of firearm authorization cards issued under the provisions of this Section shall be the same as for those cards issued under the provisions of the Private Detective, Private Alarm, Private Security, and Locksmith Act of 2004. Such firearm authorization card shall be carried by the security guard at all times when he or she is in possession of a concealable weapon.
        (7) Agents and investigators of the Illinois
    
Legislative Investigating Commission authorized by the Commission to carry the weapons specified in subsections 24‑1(a)(3) and 24‑1(a)(4), while on duty in the course of any investigation for the Commission.
        (8) Persons employed by a financial institution for
    
the protection of other employees and property related to such financial institution, while actually engaged in the performance of their duties, commuting between their homes and places of employment, or traveling between sites or properties owned or operated by such financial institution, provided that any person so employed has successfully completed a course of study, approved by and supervised by the Department of Professional Regulation, consisting of not less than 40 hours of training which includes theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered to be eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 20 hours of required firearm training, and has been issued a firearm authorization card by the Department of Professional Regulation. Conditions for renewal of firearm authorization cards issued under the provisions of this Section shall be the same as for those issued under the provisions of the Private Detective, Private Alarm, Private Security, and Locksmith Act of 2004. Such firearm authorization card shall be carried by the person so trained at all times when such person is in possession of a concealable weapon. For purposes of this subsection, "financial institution" means a bank, savings and loan association, credit union or company providing armored car services.
        (9) Any person employed by an armored car company to
    
drive an armored car, while actually engaged in the performance of his duties.
        (10) Persons who have been classified as peace
    
officers pursuant to the Peace Officer Fire Investigation Act.
        (11) Investigators of the Office of the State's
    
Attorneys Appellate Prosecutor authorized by the board of governors of the Office of the State's Attorneys Appellate Prosecutor to carry weapons pursuant to Section 7.06 of the State's Attorneys Appellate Prosecutor's Act.
        (12) Special investigators appointed by a State's
    
Attorney under Section 3‑9005 of the Counties Code.
        (13) Court Security Officers while in the
    
performance of their official duties, or while commuting between their homes and places of employment, with the consent of the Sheriff.
        (13.5) A person employed as an armed security guard
    
at a nuclear energy, storage, weapons or development site or facility regulated by the Nuclear Regulatory Commission who has completed the background screening and training mandated by the rules and regulations of the Nuclear Regulatory Commission.
        (14) Manufacture, transportation, or sale of weapons
    
to persons authorized under subdivisions (1) through (13.5) of this subsection to possess those weapons.
    (b) Subsections 24‑1(a)(4) and 24‑1(a)(10) and Section 24‑1.6 do not apply to or affect any of the following:
        (1) Members of any club or organization organized
    
for the purpose of practicing shooting at targets upon established target ranges, whether public or private, and patrons of such ranges, while such members or patrons are using their firearms on those target ranges.
        (2) Duly authorized military or civil organizations
    
while parading, with the special permission of the Governor.
        (3) Hunters, trappers or fishermen with a license or
    
permit while engaged in hunting, trapping or fishing.
        (4) Transportation of weapons that are broken down
    
in a non‑functioning state or are not immediately accessible.
    (c) Subsection 24‑1(a)(7) does not apply to or affect any of the following:
        (1) Peace officers while in performance of their
    
official duties.
        (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 Forces
    
of the United States or the Illinois National Guard, while in the performance of their official duty.
        (4) Manufacture, transportation, or sale of machine
    
guns to persons authorized under subdivisions (1) through (3) of this subsection to possess machine guns, if the machine guns are broken down in a non‑functioning state or are not immediately accessible.
        (5) Persons licensed under federal law to
    
manufacture any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, or ammunition for such weapons, and actually engaged in the business of manufacturing such weapons or ammunition, but only with respect to activities which are within the lawful scope of such business, such as the manufacture, transportation, or testing of such weapons or ammunition. This exemption does not authorize the general private possession of any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, but only such possession and activities as are within the lawful scope of a licensed manufacturing business described in this paragraph.
        During transportation, such weapons shall be broken
    
down in a non‑functioning state or not immediately accessible.
        (6) The manufacture, transport, testing, delivery,
    
transfer or sale, and all lawful commercial or experimental activities necessary thereto, of rifles, shotguns, and weapons made from rifles or shotguns, or ammunition for such rifles, shotguns or weapons, where engaged in by a person operating as a contractor or subcontractor pursuant to a contract or subcontract for the development and supply of such rifles, shotguns, weapons or ammunition to the United States government or any branch of the Armed Forces of the United States, when such activities are necessary and incident to fulfilling the terms of such contract.
        The exemption granted under this subdivision (c)(6)
    
shall also apply to any authorized agent of any such contractor or subcontractor who is operating within the scope of his employment, where such activities involving such weapon, weapons or ammunition are necessary and incident to fulfilling the terms of such contract.
        During transportation, any such weapon shall be
    
broken down in a non‑functioning state, or not immediately accessible.
    (d) Subsection 24‑1(a)(1) does not apply to the purchase, possession or carrying of a black‑jack or slung‑shot by a peace officer.
    (e) Subsection 24‑1(a)(8) does not apply to any owner, manager or authorized employee of any place specified in that subsection nor to any law enforcement officer.
    (f) Subsection 24‑1(a)(4) and subsection 24‑1(a)(10) and Section 24‑1.6 do not apply to members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while using their firearms on those target ranges.
    (g) Subsections 24‑1(a)(11) and 24‑3.1(a)(6) do not apply to:
        (1) 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.
        (2) Bonafide collectors of antique or surplus
    
military ordinance.
        (3) Laboratories having a department of forensic
    
ballistics, or specializing in the development of ammunition or explosive ordinance.
        (4) Commerce, preparation, assembly or possession of
    
explosive bullets by manufacturers of ammunition licensed by the federal government, in connection with the supply of those organizations and persons exempted by subdivision (g)(1) of this Section, or like organizations and persons outside this State, or the transportation of explosive bullets to any organization or person exempted in this Section by a common carrier or by a vehicle owned or leased by an exempted manufacturer.
    (h) An information or indictment based upon a violation of any subsection of this Article need not negative any exemptions contained in this Article. The defendant shall have the burden of proving such an exemption.
    (i) Nothing in this Article shall prohibit, apply to, or affect the transportation, carrying, or possession, of any pistol or revolver, stun gun, taser, or other firearm consigned to a common carrier operating under license of the State of Illinois or the federal government, where such transportation, carrying, or possession is incident to the lawful transportation in which such common carrier is engaged; and nothing in this Article shall prohibit, apply to, or affect the transportation, carrying, or possession of any pistol, revolver, stun gun, taser, or other firearm, not the subject of and regulated by subsection 24‑1(a)(7) or subsection 24‑2(c) of this Article, which is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container, by the possessor of a valid Firearm Owners Identification Card.
(Source: P.A. 91‑287, eff. 1‑1‑00; 91‑690, eff. 4‑13‑00; 92‑325, eff. 8‑9‑01; 93‑438, eff. 8‑5‑03.)
 
    (Text of Section from P.A. 93‑439)
    Sec. 24‑2. Exemptions.
    (a) Subsections 24‑1(a)(3), 24‑1(a)(4) and 24‑1(a)(10) and Section 24‑1.6 do not apply to or affect any of the following:
        (1) Peace officers, and any person summoned by a
    
peace officer to assist in making arrests or preserving the peace, while actually engaged in assisting such officer.
        (2) 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 places of employment.
        (3) 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.
        (4) Special agents employed by a railroad or a
    
public utility to perform police functions, and guards of armored car companies, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment; and watchmen while actually engaged in the performance of the duties of their employment.
        (5) Persons licensed as private security
    
contractors, private detectives, or private alarm contractors, or employed by an agency certified by the Department of Professional Regulation, if their duties include the carrying of a weapon under the provisions of the Private Detective, Private Alarm, and Private Security Act of 1983, 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. Persons exempted under this subdivision (a)(5) shall be required to have completed a course of study in firearms handling and training approved and supervised by the Department of Professional Regulation as prescribed by Section 28 of the Private Detective, Private Alarm, and Private Security Act of 1983, prior to becoming eligible for this exemption. The Department of Professional Regulation shall provide suitable documentation demonstrating the successful completion of the prescribed firearms training. Such documentation shall be carried at all times when such persons are in possession of a concealable weapon.
        (6) Any person regularly employed in a commercial or
    
industrial operation as a security guard for the protection of persons employed and private property related to such commercial or industrial operation, while actually engaged in the performance of his or her duty or traveling between sites or properties belonging to the employer, and who, as a security guard, is a member of a security force of at least 5 persons registered with the Department of Professional Regulation; provided that such security guard has successfully completed a course of study, approved by and supervised by the Department of Professional Regulation, consisting of not less than 40 hours of training that includes the theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 20 hours of required firearm training, and has been issued a firearm authorization card by the Department of Professional Regulation. Conditions for the renewal of firearm authorization cards issued under the provisions of this Section shall be the same as for those cards issued under the provisions of the Private Detective, Private Alarm and Private Security Act of 1983. Such firearm authorization card shall be carried by the security guard at all times when he or she is in possession of a concealable weapon.
        (7) Agents and investigators of the Illinois
    
Legislative Investigating Commission authorized by the Commission to carry the weapons specified in subsections 24‑1(a)(3) and 24‑1(a)(4), while on duty in the course of any investigation for the Commission.
        (8) Persons employed by a financial institution for
    
the protection of other employees and property related to such financial institution, while actually engaged in the performance of their duties, commuting between their homes and places of employment, or traveling between sites or properties owned or operated by such financial institution, provided that any person so employed has successfully completed a course of study, approved by and supervised by the Department of Professional Regulation, consisting of not less than 40 hours of training which includes theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered to be eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 20 hours of required firearm training, and has been issued a firearm authorization card by the Department of Professional Regulation. Conditions for renewal of firearm authorization cards issued under the provisions of this Section shall be the same as for those issued under the provisions of the Private Detective, Private Alarm and Private Security Act of 1983. Such firearm authorization card shall be carried by the person so trained at all times when such person is in possession of a concealable weapon. For purposes of this subsection, "financial institution" means a bank, savings and loan association, credit union or company providing armored car services.
        (9) Any person employed by an armored car company to
    
drive an armored car, while actually engaged in the performance of his duties.
        (10) Persons who have been classified as peace
    
officers pursuant to the Peace Officer Fire Investigation Act.
        (11) Investigators of the Office of the State's
    
Attorneys Appellate Prosecutor authorized by the board of governors of the Office of the State's Attorneys Appellate Prosecutor to carry weapons pursuant to Section 7.06 of the State's Attorneys Appellate Prosecutor's Act.
        (12) Special investigators appointed by a State's
    
Attorney under Section 3‑9005 of the Counties Code.
        (13) Court Security Officers while in the
    
performance of their official duties, or while commuting between their homes and places of employment, with the consent of the Sheriff.
        (13.5) A person employed as an armed security guard
    
at a nuclear energy, storage, weapons or development site or facility regulated by the Nuclear Regulatory Commission who has completed the background screening and training mandated by the rules and regulations of the Nuclear Regulatory Commission.
        (14) Manufacture, transportation, or sale of weapons
    
to persons authorized under subdivisions (1) through (13.5) of this subsection to possess those weapons.
    (b) Subsections 24‑1(a)(4) and 24‑1(a)(10) and Section 24‑1.6 do not apply to or affect any of the following:
        (1) Members of any club or organization organized
    
for the purpose of practicing shooting at targets upon established target ranges, whether public or private, and patrons of such ranges, while such members or patrons are using their firearms on those target ranges.
        (2) Duly authorized military or civil organizations
    
while parading, with the special permission of the Governor.
        (3) Hunters, trappers or fishermen with a license or
    
permit while engaged in hunting, trapping or fishing.
        (4) Transportation of weapons that are broken down
    
in a non‑functioning state or are not immediately accessible.
    (c) Subsection 24‑1(a)(7) does not apply to or affect any of the following:
        (1) Peace officers while in performance of their
    
official duties.
        (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 Forces
    
of the United States or the Illinois National Guard, while in the performance of their official duty.
        (4) Manufacture, transportation, or sale of machine
    
guns to persons authorized under subdivisions (1) through (3) of this subsection to possess machine guns, if the machine guns are broken down in a non‑functioning state or are not immediately accessible.
        (5) Persons licensed under federal law to
    
manufacture any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, or ammunition for such weapons, and actually engaged in the business of manufacturing such weapons or ammunition, but only with respect to activities which are within the lawful scope of such business, such as the manufacture, transportation, or testing of such weapons or ammunition. This exemption does not authorize the general private possession of any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, but only such possession and activities as are within the lawful scope of a licensed manufacturing business described in this paragraph.
        During transportation, such weapons shall be broken
    
down in a non‑functioning state or not immediately accessible.
        (6) The manufacture, transport, testing, delivery,
    
transfer or sale, and all lawful commercial or experimental activities necessary thereto, of rifles, shotguns, and weapons made from rifles or shotguns, or ammunition for such rifles, shotguns or weapons, where engaged in by a person operating as a contractor or subcontractor pursuant to a contract or subcontract for the development and supply of such rifles, shotguns, weapons or ammunition to the United States government or any branch of the Armed Forces of the United States, when such activities are necessary and incident to fulfilling the terms of such contract.
        The exemption granted under this subdivision (c)(6)
    
shall also apply to any authorized agent of any such contractor or subcontractor who is operating within the scope of his employment, where such activities involving such weapon, weapons or ammunition are necessary and incident to fulfilling the terms of such contract.
        During transportation, any such weapon shall be
    
broken down in a non‑functioning state, or not immediately accessible.
    (d) Subsection 24‑1(a)(1) does not apply to the purchase, possession or carrying of a black‑jack or slung‑shot by a peace officer.
    (e) Subsection 24‑1(a)(8) does not apply to any owner, manager or authorized employee of any place specified in that subsection nor to any law enforcement officer.
    (f) Subsection 24‑1(a)(4) and subsection 24‑1(a)(10) and Section 24‑1.6 do not apply to members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while using their firearms on those target ranges.
    (g) Subsections 24‑1(a)(11) and 24‑3.1(a)(6) do not apply to:
        (1) 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.
        (2) Bonafide collectors of antique or surplus
    
military ordinance.
        (3) Laboratories having a department of forensic
    
ballistics, or specializing in the development of ammunition or explosive ordinance.
        (4) Commerce, preparation, assembly or possession of
    
explosive bullets by manufacturers of ammunition licensed by the federal government, in connection with the supply of those organizations and persons exempted by subdivision (g)(1) of this Section, or like organizations and persons outside this State, or the transportation of explosive bullets to any organization or person exempted in this Section by a common carrier or by a vehicle owned or leased by an exempted manufacturer.
    (g‑5) Subsection 24‑1(a)(6) does not apply to or affect persons licensed under federal law to manufacture any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm, firearms, or ammunition for those firearms equipped with those devices, and actually engaged in the business of manufacturing those devices, firearms, or ammunition, but only with respect to activities that are within the lawful scope of that business, such as the manufacture, transportation, or testing of those devices, firearms, or ammunition. This exemption does not authorize the general private possession of any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm, but only such possession and activities as are within the lawful scope of a licensed manufacturing business described in this subsection (g‑5). During transportation, those devices shall be detached from any weapon or not immediately accessible.
    (h) An information or indictment based upon a violation of any subsection of this Article need not negative any exemptions contained in this Article. The defendant shall have the burden of proving such an exemption.
    (i) Nothing in this Article shall prohibit, apply to, or affect the transportation, carrying, or possession, of any pistol or revolver, stun gun, taser, or other firearm consigned to a common carrier operating under license of the State of Illinois or the federal government, where such transportation, carrying, or possession is incident to the lawful transportation in which such common carrier is engaged; and nothing in this Article shall prohibit, apply to, or affect the transportation, carrying, or possession of any pistol, revolver, stun gun, taser, or other firearm, not the subject of and regulated by subsection 24‑1(a)(7) or subsection 24‑2(c) of this Article, which is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container, by the possessor of a valid Firearm Owners Identification Card.
(Source: P.A. 91‑287, eff. 1‑1‑00; 91‑690, eff. 4‑13‑00; 92‑325, eff. 8‑9‑01; 93‑439, eff. 8‑5‑03.)
 
    (Text of Section from P.A. 93‑576)
    Sec. 24‑2. Exemptions.
    (a) Subsections 24‑1(a)(3), 24‑1(a)(4) and 24‑1(a)(10) and Section 24‑1.6 do not apply to or affect any of the following:
        (1) Peace officers, and any person summoned by a
    
peace officer to assist in making arrests or preserving the peace, while actually engaged in assisting such officer.
        (2) 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 places of employment.
        (3) 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.
        (4) Special agents employed by a railroad or a
    
public utility to perform police functions, and guards of armored car companies, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment; and watchmen while actually engaged in the performance of the duties of their employment.
        (5) Persons licensed as private security
    
contractors, private detectives, or private alarm contractors, or employed by an agency certified by the Department of Professional Regulation, if their duties include the carrying of a weapon under the provisions of the Private Detective, Private Alarm, and Private Security Act of 1983, 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. Persons exempted under this subdivision (a)(5) shall be required to have completed a course of study in firearms handling and training approved and supervised by the Department of Professional Regulation as prescribed by Section 28 of the Private Detective, Private Alarm, and Private Security Act of 1983, prior to becoming eligible for this exemption. The Department of Professional Regulation shall provide suitable documentation demonstrating the successful completion of the prescribed firearms training. Such documentation shall be carried at all times when such persons are in possession of a concealable weapon.
        (6) Any person regularly employed in a commercial or
    
industrial operation as a security guard for the protection of persons employed and private property related to such commercial or industrial operation, while actually engaged in the performance of his or her duty or traveling between sites or properties belonging to the employer, and who, as a security guard, is a member of a security force of at least 5 persons registered with the Department of Professional Regulation; provided that such security guard has successfully completed a course of study, approved by and supervised by the Department of Professional Regulation, consisting of not less than 40 hours of training that includes the theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 20 hours of required firearm training, and has been issued a firearm authorization card by the Department of Professional Regulation. Conditions for the renewal of firearm authorization cards issued under the provisions of this Section shall be the same as for those cards issued under the provisions of the Private Detective, Private Alarm and Private Security Act of 1983. Such firearm authorization card shall be carried by the security guard at all times when he or she is in possession of a concealable weapon.
        (7) Agents and investigators of the Illinois
    
Legislative Investigating Commission authorized by the Commission to carry the weapons specified in subsections 24‑1(a)(3) and 24‑1(a)(4), while on duty in the course of any investigation for the Commission.
        (8) Persons employed by a financial institution for
    
the protection of other employees and property related to such financial institution, while actually engaged in the performance of their duties, commuting between their homes and places of employment, or traveling between sites or properties owned or operated by such financial institution, provided that any person so employed has successfully completed a course of study, approved by and supervised by the Department of Professional Regulation, consisting of not less than 40 hours of training which includes theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered to be eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 20 hours of required firearm training, and has been issued a firearm authorization card by the Department of Professional Regulation. Conditions for renewal of firearm authorization cards issued under the provisions of this Section shall be the same as for those issued under the provisions of the Private Detective, Private Alarm and Private Security Act of 1983. Such firearm authorization card shall be carried by the person so trained at all times when such person is in possession of a concealable weapon. For purposes of this subsection, "financial institution" means a bank, savings and loan association, credit union or company providing armored car services.
        (9) Any person employed by an armored car company to
    
drive an armored car, while actually engaged in the performance of his duties.
        (10) Persons who have been classified as peace
    
officers pursuant to the Peace Officer Fire Investigation Act.
        (11) Investigators of the Office of the State's
    
Attorneys Appellate Prosecutor authorized by the board of governors of the Office of the State's Attorneys Appellate Prosecutor to carry weapons pursuant to Section 7.06 of the State's Attorneys Appellate Prosecutor's Act.
        (12) Special investigators appointed by a State's
    
Attorney under Section 3‑9005 of the Counties Code.
        (12.5) Probation officers while in the performance
    
of their duties, or while commuting between their homes, places of employment or specific locations that are part of their assigned duties, with the consent of the chief judge of the circuit for which they are employed.
        (13) Court Security Officers while in the
    
performance of their official duties, or while commuting between their homes and places of employment, with the consent of the Sheriff.
        (13.5) A person employed as an armed security guard
    
at a nuclear energy, storage, weapons or development site or facility regulated by the Nuclear Regulatory Commission who has completed the background screening and training mandated by the rules and regulations of the Nuclear Regulatory Commission.
        (14) Manufacture, transportation, or sale of weapons
    
to persons authorized under subdivisions (1) through (13.5) of this subsection to possess those weapons.
    (b) Subsections 24‑1(a)(4) and 24‑1(a)(10) and Section 24‑1.6 do not apply to or affect any of the following:
        (1) Members of any club or organization organized
    
for the purpose of practicing shooting at targets upon established target ranges, whether public or private, and patrons of such ranges, while such members or patrons are using their firearms on those target ranges.
        (2) Duly authorized military or civil organizations
    
while parading, with the special permission of the Governor.
        (3) Hunters, trappers or fishermen with a license or
    
permit while engaged in hunting, trapping or fishing.
        (4) Transportation of weapons that are broken down
    
in a non‑functioning state or are not immediately accessible.
    (c) Subsection 24‑1(a)(7) does not apply to or affect any of the following:
        (1) Peace officers while in performance of their
    
official duties.
        (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 Forces
    
of the United States or the Illinois National Guard, while in the performance of their official duty.
        (4) Manufacture, transportation, or sale of machine
    
guns to persons authorized under subdivisions (1) through (3) of this subsection to possess machine guns, if the machine guns are broken down in a non‑functioning state or are not immediately accessible.
        (5) Persons licensed under federal law to
    
manufacture any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, or ammunition for such weapons, and actually engaged in the business of manufacturing such weapons or ammunition, but only with respect to activities which are within the lawful scope of such business, such as the manufacture, transportation, or testing of such weapons or ammunition. This exemption does not authorize the general private possession of any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, but only such possession and activities as are within the lawful scope of a licensed manufacturing business described in this paragraph.
        During transportation, such weapons shall be broken
    
down in a non‑functioning state or not immediately accessible.
        (6) The manufacture, transport, testing, delivery,
    
transfer or sale, and all lawful commercial or experimental activities necessary thereto, of rifles, shotguns, and weapons made from rifles or shotguns, or ammunition for such rifles, shotguns or weapons, where engaged in by a person operating as a contractor or subcontractor pursuant to a contract or subcontract for the development and supply of such rifles, shotguns, weapons or ammunition to the United States government or any branch of the Armed Forces of the United States, when such activities are necessary and incident to fulfilling the terms of such contract.
        The exemption granted under this subdivision (c)(6)
    
shall also apply to any authorized agent of any such contractor or subcontractor who is operating within the scope of his employment, where such activities involving such weapon, weapons or ammunition are necessary and incident to fulfilling the terms of such contract.
        During transportation, any such weapon shall be
    
broken down in a non‑functioning state, or not immediately accessible.
    (d) Subsection 24‑1(a)(1) does not apply to the purchase, possession or carrying of a black‑jack or slung‑shot by a peace officer.
    (e) Subsection 24‑1(a)(8) does not apply to any owner, manager or authorized employee of any place specified in that subsection nor to any law enforcement officer.
    (f) Subsection 24‑1(a)(4) and subsection 24‑1(a)(10) and Section 24‑1.6 do not apply to members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while using their firearms on those target ranges.
    (g) Subsections 24‑1(a)(11) and 24‑3.1(a)(6) do not apply to:
        (1) 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.
        (2) Bonafide collectors of antique or surplus
    
military ordinance.
        (3) Laboratories having a department of forensic
    
ballistics, or specializing in the development of ammunition or explosive ordinance.
        (4) Commerce, preparation, assembly or possession of
    
explosive bullets by manufacturers of ammunition licensed by the federal government, in connection with the supply of those organizations and persons exempted by subdivision (g)(1) of this Section, or like organizations and persons outside this State, or the transportation of explosive bullets to any organization or person exempted in this Section by a common carrier or by a vehicle owned or leased by an exempted manufacturer.
    (h) An information or indictment based upon a violation of any subsection of this Article need not negative any exemptions contained in this Article. The defendant shall have the burden of proving such an exemption.
    (i) Nothing in this Article shall prohibit, apply to, or affect the transportation, carrying, or possession, of any pistol or revolver, stun gun, taser, or other firearm consigned to a common carrier operating under license of the State of Illinois or the federal government, where such transportation, carrying, or possession is incident to the lawful transportation in which such common carrier is engaged; and nothing in this Article shall prohibit, apply to, or affect the transportation, carrying, or possession of any pistol, revolver, stun gun, taser, or other firearm, not the subject of and regulated by subsection 24‑1(a)(7) or subsection 24‑2(c) of this Article, which is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container, by the possessor of a valid Firearm Owners Identification Card.
(Source: P.A. 91‑287, eff. 1‑1‑00; 91‑690, eff. 4‑13‑00; 92‑325, eff. 8‑9‑01; 93‑576, eff. 1‑1‑04.)

    (720 ILCS 5/24‑2.1) (from Ch. 38, par. 24‑2.1)
    Sec. 24‑2.1. Unlawful use of firearm projectiles.
    (a) A person commits the offense of unlawful use of firearm projectiles when he or she knowingly manufactures, sells, purchases, possesses, or carries any armor piercing bullet, dragon's breath shotgun shell, bolo shell, or flechette shell.
    For the purposes of this Section:
    "Armor piercing bullet" means any handgun bullet or handgun ammunition with projectiles or projectile cores constructed entirely (excluding the presence of traces of other substances) from tungsten alloys, steel, iron, brass, bronze, beryllium copper or depleted uranium, or fully jacketed bullets larger than 22 caliber designed and intended for use in a handgun and whose jacket has a weight of more than 25% of the total weight of the projectile, and excluding those handgun projectiles whose cores are composed of soft materials such as lead or lead alloys, zinc or zinc alloys, frangible projectiles designed primarily for sporting purposes, and any other projectiles or projectile cores that the U. S. Secretary of the Treasury finds to be primarily intended to be used for sporting purposes or industrial purposes or that otherwise does not constitute "armor piercing ammunition" as that term is defined by federal law.
    The definition contained herein shall not be construed to include shotgun shells.
    "Dragon's breath shotgun shell" means any shotgun shell that contains exothermic pyrophoric mesh metal as the projectile and is designed for the purpose of throwing or spewing a flame or fireball to simulate a flame‑thrower.
    "Bolo shell" means any shell that can be fired in a firearm and expels as projectiles 2 or more metal balls connected by solid metal wire.
    "Flechette shell" means any shell that can be fired in a firearm and expels 2 or more pieces of fin‑stabilized solid metal wire or 2 or more solid dart‑type projectiles.
    (b) Exemptions. This Section does 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 Forces
    
of the United States or the Illinois National Guard while in the performance of their official duties.
        (4) Federal officials required to carry firearms,
    
while engaged in the performance of their official duties.
        (5) United States Marshals, while engaged in the
    
performance of their official duties.
        (6) Persons licensed under federal law to
    
manufacture, import, or sell firearms and firearm ammunition, and actually engaged in any such business, but only with respect to activities which are within the lawful scope of such business, such as the manufacture, transportation, or testing of such bullets or ammunition.
        This exemption does not authorize the general
    
private possession of any armor piercing bullet, dragon's breath shotgun shell, bolo shell, or flechette shell, but only such possession and activities which are within the lawful scope of a licensed business described in this paragraph.
        (7) Laboratories having a department of forensic
    
ballistics or specializing in the development of ammunition or explosive ordnance.
        (8) Manufacture, transportation, or sale of armor
    
piercing bullets, dragon's breath shotgun shells, bolo shells, or flechette shells to persons specifically authorized under paragraphs (1) through (7) of this subsection to possess such bullets or shells.
    (c) An information or indictment based upon a violation of this Section need not negate any exemption herein contained. The defendant shall have the burden of proving such an exemption.
    (d) Sentence. A person convicted of unlawful use of armor piercing bullets shall be guilty of a Class 3 felony.
(Source: P.A. 92‑423, eff. 1‑1‑02.)

    (720 ILCS 5/24‑2.2) (from Ch. 38, par. 24‑2.2)
    Sec. 24‑2.2. Manufacture, sale or transfer of bullets or shells represented to be armor piercing bullets, dragon's breath shotgun shells, bolo shells, or flechette shells.
    (a) Except as provided in subsection (b) of this Section, it is unlawful for any person to knowingly manufacture, sell, offer to sell, or transfer any bullet or shell which is represented to be an armor piercing bullet, a dragon's breath shotgun shell, a bolo shell, or a flechette shell as defined in Section 24‑2.1 of this Code.
    (b) Exemptions. This Section does not apply to or affect any person authorized under Section 24‑2.1 to manufacture, sell, purchase, possess, or carry any armor piercing bullet or any dragon's breath shotgun shell, bolo shell, or flechette shell with respect to activities which are within the lawful scope of the exemption therein granted.
    (c) An information or indictment based upon a violation of this Section need not negate any exemption herein contained. The defendant shall have the burden of proving such an exemption and that the activities forming the basis of any criminal charge brought pursuant to this Section were within the lawful scope of such exemption.
    (d) Sentence. A violation of this Section is a Class 4 felony.
(Source: P.A. 92‑423, eff. 1‑1‑02.)

    (720 ILCS 5/24‑3)(from Ch. 38, par. 24‑3)
    (Text of Section from P.A. 94‑6)
    Sec. 24‑3. Unlawful Sale of Firearms.
    (A) A person commits the offense of unlawful sale of firearms when he or she knowingly does any of the following:
        (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 5 years.
        (f) Sells or gives any firearms to any person who is
    
mentally retarded.
        (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 paragraph (g) does not apply to: (1) the sale of a firearm to a law enforcement officer or a person who desires to purchase a firearm for use in promoting the public interest incident to his or her employment as a bank guard, armed truck guard, or other similar employment; (2) a mail order sale of a firearm to a nonresident of Illinois under which the firearm is mailed to a point outside the boundaries of Illinois; (3) the sale of a firearm to a nonresident of Illinois 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 as a federal firearms dealer 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 degrees Fahrenheit. For purposes of this paragraph, (1) "firearm" is defined as in the Firearm Owners Identification Card Act; and (2) "handgun" is defined as a firearm designed to be held and fired by the use of a single hand, and includes a combination of parts from which such a firearm can be assembled.
        (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 (18 U.S.C. 923). In this paragraph (j):
        A person "engaged in the business" means a person
    
who devotes time, attention, and labor to engaging in the activity as a regular course of trade or business with the principal objective of livelihood and profit, but does not include a person who makes occasional repairs of firearms or who occasionally fits special barrels, stocks, or trigger mechanisms to firearms.
        "With the principal objective of livelihood and
    
profit" means that the intent underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms collection; however, proof of profit shall not be required as to a person who engages in the regular and repetitive purchase and disposition of firearms for criminal purposes or terrorism.
        (k) Sells or transfers ownership of a firearm to a
    
person who does not display to the seller or transferor of the firearm 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. This paragraph (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. For the purposes of this Section, a currently valid Firearm Owner's Identification Card means (i) a Firearm Owner's Identification Card that has not expired or (ii) if the transferor is licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923), an approval number issued in accordance with Section 3.1 of the Firearm Owners Identification Card Act shall be proof that the Firearm Owner's Identification Card was valid.
    (B) Paragraph (h) of subsection (A) does not include firearms sold within 6 months after enactment of Public Act 78‑355 (approved August 21, 1973, effective October 1, 1973), nor is any firearm legally owned or possessed by any citizen or purchased by any citizen within 6 months after the enactment of Public Act 78‑355 subject to confiscation or seizure under the provisions of that Public Act. Nothing in Public Act 78‑355 shall be construed to prohibit the gift or trade of any firearm if that firearm was legally held or acquired within 6 months after the enactment of that Public Act.
    (C) Sentence.
        (1) Any person convicted of unlawful sale of
    
firearms in violation of any of paragraphs (c) through (h) of subsection (A) commits a Class 4 felony.
        (2) Any person convicted of unlawful sale of
    
firearms in violation of paragraph (b) or (i) of subsection (A) commits a Class 3 felony.
        (3) Any person convicted of unlawful sale of
    
firearms in violation of paragraph (a) of subsection (A) commits a Class 2 felony.
        (4) Any person convicted of unlawful sale of
    
firearms in violation of paragraph (a), (b), or (i) of subsection (A) in any 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 or school district to transport students to or from school or a school related activity, regardless of the time of day or time of year at which the offense was committed, commits a Class 1 felony. Any person convicted of a second or subsequent violation of unlawful sale of firearms in violation of paragraph (a), (b), or (i) of subsection (A) in any 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 or school district to transport students to or from school or a school related activity, regardless of the time of day or time of year at which the offense was committed, commits a Class 1 felony for which the sentence shall be a term of imprisonment of no less than 5 years and no more than 15 years.
        (5) Any person convicted of unlawful sale of
    
firearms in violation of paragraph (a) or (i) of subsection (A) 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 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, or on any public way within 1,000 feet of the real property comprising any public park, courthouse, 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.
        (6) Any person convicted of unlawful sale of
    
firearms in violation of paragraph (j) of subsection (A) commits a Class A misdemeanor. A second or subsequent violation is a Class 4 felony.
        (7) Any person convicted of unlawful sale of firearms
    
in violation of paragraph (k) of subsection (A) commits a Class 4 felony. A third or subsequent conviction for a violation of paragraph (k) of subsection (A) is a Class 1 felony.
    (D) 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.
    (E) A prosecution for a violation of paragraph (k) of subsection (A) of this Section may be commenced within 6 years after the commission of the offense. A prosecution for a violation of this Section other than paragraph (g) of subsection (A) of this Section may be commenced within 5 years after the commission of the offense defined in the particular paragraph.
(Source: P.A. 93‑162, eff. 7‑10‑03; 93‑906, eff. 8‑11‑04; 94‑6, eff. 1‑1‑06.)
 
    (Text of Section from P.A. 94‑284)
    Sec. 24‑3. Unlawful Sale of Firearms.
    (A) A person commits the offense of unlawful sale of firearms when he or she knowingly does any of the following:
        (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 5 years.
        (f) Sells or gives any firearms to any person who is
    
mentally retarded.
        (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, incidental to a sale, without withholding delivery of such rifle, shotgun or other long gun for at least 24 hours after application for its purchase has been made. However, this paragraph (g) does 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 or her employment as a bank guard, armed truck guard, or other similar employment; (2) a mail order sale of a firearm to a nonresident of Illinois under which the firearm is mailed to a point outside the boundaries of Illinois; (3) the sale of a firearm to a nonresident of Illinois 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 as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923). For purposes of this paragraph (g), "application" means when the buyer and seller reach an agreement to purchase a firearm.
        (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 degrees Fahrenheit. For purposes of this paragraph, (1) "firearm" is defined as in the Firearm Owners Identification Card Act; and (2) "handgun" is defined as a firearm designed to be held and fired by the use of a single hand, and includes a combination of parts from which such a firearm can be assembled.
        (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 (18 U.S.C. 923). In this paragraph (j):
        A person "engaged in the business" means a person
    
who devotes time, attention, and labor to engaging in the activity as a regular course of trade or business with the principal objective of livelihood and profit, but does not include a person who makes occasional repairs of firearms or who occasionally fits special barrels, stocks, or trigger mechanisms to firearms.
        "With the principal objective of livelihood and
    
profit" means that the intent underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms collection; however, proof of profit shall not be required as to a person who engages in the regular and repetitive purchase and disposition of firearms for criminal purposes or terrorism.
        (k) Sells or transfers ownership of a firearm to a
    
person who does not display to the seller or transferor of the firearm 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. This paragraph (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. For the purposes of this Section, a currently valid Firearm Owner's Identification Card means (i) a Firearm Owner's Identification Card that has not expired or (ii) if the transferor is licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923), an approval number issued in accordance with Section 3.1 of the Firearm Owners Identification Card Act shall be proof that the Firearm Owner's Identification Card was valid.
    (B) Paragraph (h) of subsection (A) does not include firearms sold within 6 months after enactment of Public Act 78‑355 (approved August 21, 1973, effective October 1, 1973), nor is any firearm legally owned or possessed by any citizen or purchased by any citizen within 6 months after the enactment of Public Act 78‑355 subject to confiscation or seizure under the provisions of that Public Act. Nothing in Public Act 78‑355 shall be construed to prohibit the gift or trade of any firearm if that firearm was legally held or acquired within 6 months after the enactment of that Public Act.
    (C) Sentence.
        (1) Any person convicted of unlawful sale of
    
firearms in violation of any of paragraphs (c) through (h) of subsection (A) commits a Class 4 felony.
        (2) Any person convicted of unlawful sale of
    
firearms in violation of paragraph (b) or (i) of subsection (A) commits a Class 3 felony.
        (3) Any person convicted of unlawful sale of
    
firearms in violation of paragraph (a) of subsection (A) commits a Class 2 felony.
        (4) Any person convicted of unlawful sale of
    
firearms in violation of paragraph (a), (b), or (i) of subsection (A) in any 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 or school district to transport students to or from school or a school related activity, regardless of the time of day or time of year at which the offense was committed, commits a Class 1 felony. Any person convicted of a second or subsequent violation of unlawful sale of firearms in violation of paragraph (a), (b), or (i) of subsection (A) in any 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 or school district to transport students to or from school or a school related activity, regardless of the time of day or time of year at which the offense was committed, commits a Class 1 felony for which the sentence shall be a term of imprisonment of no less than 5 years and no more than 15 years.
        (5) Any person convicted of unlawful sale of
    
firearms in violation of paragraph (a) or (i) of subsection (A) 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 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, or on any public way within 1,000 feet of the real property comprising any public park, courthouse, 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.
        (6) Any person convicted of unlawful sale of
    
firearms in violation of paragraph (j) of subsection (A) commits a Class A misdemeanor. A second or subsequent violation is a Class 4 felony.
        (7) Any person convicted of unlawful sale of firearms
    
in violation of paragraph (k) of subsection (A) commits a Class 4 felony. A third or subsequent conviction for a violation of paragraph (k) of subsection (A) is a Class 1 felony.
    (D) 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.
    (E) A prosecution for a violation of paragraph (k) of subsection (A) of this Section may be commenced within 6 years after the commission of the offense. A prosecution for a violation of this Section other than paragraph (g) of subsection (A) of this Section may be commenced within 5 years after the commission of the offense defined in the particular paragraph.
(Source: P.A. 93‑162, eff. 7‑10‑03; 93‑906, eff. 8‑11‑04; 94‑284, eff. 7‑21‑05.)

    (720 ILCS 5/24‑3A)
    Sec. 24‑3A. Gunrunning.
    (a) A person commits gunrunning when he or she transfers 3 or more firearms in violation of any of the paragraphs of Section 24‑3 of this Code.
    (b) Sentence. A person who commits gunrunning:
        (1) is guilty of a Class 1 felony;
        (2) is guilty of a Class X felony for which the
    
sentence shall be a term of imprisonment of not less than 8 years and not more than 40 years if the transfer is of not less than 11 firearms and not more than 20 firearms;
        (3) is guilty of a Class X felony for which the
    
sentence shall be a term of imprisonment of not less than 10 years and not more than 50 years if the transfer is of more than 20 firearms.
A person who commits gunrunning by transferring firearms to a person who, at the time of the commission of the offense, is under 18 years of age is guilty of a Class X felony.
(Source: P.A. 93‑906, eff. 8‑11‑04.)

    (720 ILCS 5/24‑3.1)(from Ch. 38, par. 24‑3.1)
    Sec. 24‑3.1. Unlawful possession of firearms and firearm ammunition.
    (a) A person commits the offense of unlawful possession of firearms or firearm ammunition when:
        (1) 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
        (2) 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
        (3) He is a narcotic addict and has any firearms or
    
firearm ammunition in his possession; or
        (4) He has been a patient in a mental hospital
    
within the past 5 years and has any firearms or firearm ammunition in his possession; or
        (5) He is mentally retarded and has any firearms or
    
firearm ammunition in his possession; or
        (6) He has in his possession any explosive bullet.
    For purposes of this paragraph "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
    (b) Sentence.
    Unlawful possession of firearms, other than handguns, and firearm ammunition is a Class A misdemeanor. Unlawful possession of handguns is a Class 4 felony. The possession of each firearm or firearm ammunition in violation of this Section constitutes a single and separate violation.
    (c) Nothing in paragraph (1) of subsection (a) of this Section prohibits a person under 18 years of age from participating in any lawful recreational activity with a firearm such as, but not limited to, practice shooting at targets upon established public or private target ranges or hunting, trapping, or fishing in accordance with the Wildlife Code or the Fish and Aquatic Life Code.
(Source: P.A. 94‑284, eff. 7‑21‑05.)

    (720 ILCS 5/24‑3.2) (from Ch. 38, par. 24‑3.2)
    Sec. 24‑3.2. Unlawful discharge of firearm projectiles.
    (a) A person commits the offense of unlawful discharge of firearm projectiles when he or she knowingly or recklessly uses an armor piercing bullet, dragon's breath shotgun shell, bolo shell, or flechette shell in violation of this Section.
    For purposes of this Section:
    "Armor piercing bullet" means any handgun bullet or handgun ammunition with projectiles or projectile cores constructed entirely (excluding the presence of traces of other substances) from tungsten alloys, steel, iron, brass, bronze, beryllium copper or depleted uranium, or fully jacketed bullets larger than 22 caliber whose jacket has a weight of more than 25% of the total weight of the projectile, and excluding those handgun projectiles whose cores are composed of soft materials such as lead or lead alloys, zinc or zinc alloys, frangible projectiles designed primarily for sporting purposes, and any other projectiles or projectile cores that the U. S. Secretary of the Treasury finds to be primarily intended to be used for sporting purposes or industrial purposes or that otherwise does not constitute "armor piercing ammunition" as that term is defined by federal law.
    "Dragon's breath shotgun shell" means any shotgun shell that contains exothermic pyrophoric mesh metal as the projectile and is designed for the purpose of throwing or spewing a flame or fireball to simulate a flame‑thrower.
    "Bolo shell" means any shell that can be fired in a firearm and expels as projectiles 2 or more metal balls connected by solid metal wire.
    "Flechette shell" means any shell that can be fired in a firearm and expels 2 or more pieces of fin‑stabilized solid metal wire or 2 or more solid dart‑type projectiles.
    (b) A person commits a Class X felony when he or she, knowing that a firearm, as defined in Section 1.1 of the Firearm Owners Identification Card Act, is loaded with an armor piercing bullet, dragon's breath shotgun shell, bolo shell, or flechette shell, intentionally or recklessly discharges such firearm and such bullet or shell strikes any other person.
    (c) Any person who possesses, concealed on or about his or her person, an armor piercing bullet, dragon's breath shotgun shell, bolo shell, or flechette shell and a firearm suitable for the discharge thereof is guilty of a Class 2 felony.
    (d) This Section does 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 Forces
    
of the United States or the Illinois National Guard while in the performance of their official duties;
        (4) Federal officials required to carry firearms,
    
while engaged in the performance of their official duties;
        (5) United States Marshals, while engaged in the
    
performance of their official duties.
(Source: P.A. 92‑423, eff. 1‑1‑02.)

    (720 ILCS 5/24‑3.3) (from Ch. 38, par. 24‑3.3)
    Sec. 24‑3.3. Unlawful Sale or Delivery of Firearms on the Premises of Any School, regardless of the time of day or the time of year, 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 or managed by a public housing agency. Any person 18 years of age or older who sells, gives or delivers any firearm to any person under 18 years of age in any school, regardless of the time of day or the time of year 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, on the real property comprising any school, regardless of the time of day or the time of year 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. School is defined, for the purposes of this Section, as any public or private elementary or secondary school, community college, college or university. This does not apply to peace officers or to students carrying or possessing firearms for use in school training courses, parades, 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.
(Source: P.A. 91‑673, eff. 12‑22‑99.)

    (720 ILCS 5/24‑3.4) (from Ch. 38, par. 24‑3.4)
    Sec. 24‑3.4. Unlawful sale of firearms by liquor licensee.
    (a) It shall be unlawful for any person who holds a license to sell at retail any alcoholic liquor issued by the Illinois Liquor Control Commission or local liquor control commissioner under the Liquor Control Act of 1934 or an agent or employee of the licensee to sell or deliver to any other person a firearm in or on the real property of the establishment where the licensee is licensed to sell alcoholic liquors unless the sale or delivery of the firearm is otherwise lawful under this Article and under the Firearm Owners Identification Card Act.
    (b) Sentence. A violation of subsection (a) of this Section is a Class 4 felony.
(Source: P.A. 87‑591.)

    (720 ILCS 5/24‑3.5)
    Sec. 24‑3.5. Unlawful purchase of a firearm.
    (a) For purposes of this Section, "firearms transaction record form" means a form:
        (1) executed by a transferee of a firearm stating:
    
(i) the transferee's name and address (including county or similar political subdivision); (ii) whether the transferee is a citizen of the United States; (iii) the transferee's State of residence; and (iv) the date and place of birth, height, weight, and race of the transferee; and
        (2) on which the transferee certifies that he or she
    
is not prohibited by federal law from transporting or shipping a firearm in interstate or foreign commerce or receiving a firearm that has been shipped or transported in interstate or foreign commerce or possessing a firearm in or affecting commerce.
    (b) A person commits the offense of unlawful purchase of a firearm who knowingly purchases or attempts to purchase a firearm with the intent to deliver that firearm to another person who is prohibited by federal or State law from possessing a firearm.
    (c) A person commits the offense of unlawful purchase of a firearm when he or she, in purchasing or attempting to purchase a firearm, intentionally provides false or misleading information on a United States Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms firearms transaction record form.
    (d) Exemption. It is not a violation of subsection (b) of this Section for a person to make a gift or loan of a firearm to a person who is not prohibited by federal or State law from possessing a firearm if the transfer of the firearm is made in accordance with Section 3 of the Firearm Owners Identification Card Act.
    (e) Sentence.
        (1) A person who commits the offense of unlawful
    
purchase of a firearm:
            (A) is guilty of a Class 4 felony for purchasing
        
or attempting to purchase one firearm;
            (B) is guilty of a Class 3 felony for purchasing
        
or attempting to purchase not less than 2 firearms and not more than 5 firearms at the same time or within a one year period;
            (C) is guilty of a Class 2 felony for purchasing
        
or attempting to purchase not less than 6 firearms and not more than 10 firearms at the same time or within a 2 year period;
            (D) is guilty of a Class 1 felony for purchasing
        
or attempting to purchase not less than 11 firearms and not more than 20 firearms at the same time or within a 3 year period;
            (E) is guilty of a Class X felony for which the
        
person shall be sentenced to a term of imprisonment of not less than 6 years and not more than 30 years for purchasing or attempting to purchase not less than 21 firearms and not more than 30 firearms at the same time or within a 4 year period;
            (F) is guilty of a Class X felony for which the
        
person shall be sentenced to a term of imprisonment of not less than 6 years and not more than 40 years for purchasing or attempting to purchase not less than 31 firearms and not more than 40 firearms at the same time or within a 5 year period;
            (G) is guilty of a Class X felony for which the
        
person shall be sentenced to a term of imprisonment of not less than 6 years and not more than 50 years for purchasing or attempting to purchase more than 40 firearms at the same time or within a 6 year period.
        (2) In addition to any other penalty that may be
    
imposed for a violation of this Section, the court may sentence a person convicted of a violation of subsection (c) of this Section to a fine not to exceed $250,000 for each violation.
    (f) A prosecution for unlawful purchase of a firearm may be commenced within 6 years after the commission of the offense.
(Source: P.A. 93‑451, eff. 8‑7‑03; 93‑906, eff. 8‑11‑04.)

    (720 ILCS 5/24‑3.6)
    Sec. 24‑3.6. Unlawful use of a firearm in the shape of a wireless telephone.
    (a) For the purposes of this Section, "wireless telephone" means a device that is capable of transmitting or receiving telephonic communications without a wire connecting the device to the telephone network.
    (b) A person commits the offense of unlawful use of a firearm in the shape of a wireless telephone when he or she manufactures, sells, transfers, purchases, possesses, or carries a firearm shaped or designed to appear as a wireless telephone.
    (c) This Section does not apply to or affect the sale to or possession of a firearm in the shape of a wireless telephone by a peace officer.
    (d) Sentence. Unlawful use of a firearm in the shape of a wireless telephone is a Class 4 felony.
(Source: P.A. 92‑155, eff. 1‑1‑02.)

    (720 ILCS 5/24‑4) (from Ch. 38, par. 24‑4)
    Sec. 24‑4. Register of sales by dealer.
    (a) Any seller of firearms of a size which may be concealed upon the person, other than a manufacturer selling to a bona fide wholesaler or retailer or a wholesaler selling to a bona fide retailer, shall keep a register of all firearms sold or given away.
    (b) Such register shall contain the date of the sale or gift, the name, address, age and occupation of the person to whom the weapon is sold or given, the price of the weapon, the kind, description and number of the weapon, and the purpose for which it is purchased and obtained.
    (c) Such seller on demand of a peace officer shall produce for inspection the register and allow such peace officer to inspect such register and all stock on hand.
    (d) Sentence.
    Violation of this Section is a Class B misdemeanor.
(Source: P. A. 77‑2638.)

    (720 ILCS 5/24‑5) (from Ch. 38, par. 24‑5)
    Sec. 24‑5. Defacing identification marks of firearms.
    (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 commits a Class 2 felony.
    (b) A person who possesses any firearm upon which any such importer's or manufacturer's serial number has been changed, altered, removed or obliterated commits a Class 3 felony.
    (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.
    (d) A prosecution for a violation of this Section may be commenced within 6 years after the commission of the offense.
(Source: P.A. 93‑906, eff. 8‑11‑04.)

    (720 ILCS 5/24‑6) (from Ch. 38, par. 24‑6)
    Sec. 24‑6. Confiscation and disposition of weapons.
    (a) Upon conviction of an offense in which a weapon was used or possessed by the offender, 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.
    The provisions of this Section shall not apply to violations of the Fish and Aquatic Life Code or the Wildlife Code. Confiscation of weapons for Fish and Aquatic Life Code and Wildlife Code violations shall be only as provided in those Codes.
    (c) Any mental hospital that admits a person as an inpatient pursuant to any of the provisions of the Mental Health and Developmental Disabilities Code shall confiscate any firearms in the possession of that person at the time of admission, or at any time the firearms are discovered in the person's possession during the course of hospitalization. The hospital shall, as soon as possible following confiscation, transfer custody of the firearms to the appropriate law enforcement agency. The hospital shall give written notice to the person from whom the firearm was confiscated of the identity and address of the law enforcement agency to which it has given the firearm.
    The law enforcement agency shall maintain possession of any firearm it obtains pursuant to this subsection for a minimum of 90 days. Thereafter, the firearm may be disposed of pursuant to the provisions of subsection (b) of this Section.
(Source: P.A. 91‑696, eff. 4‑13‑00.)

    (720 ILCS 5/24‑7)
    Sec. 24‑7. Weapons offenses; community service. In addition to any other sentence that may be imposed, a court shall order any person convicted of a violation of this Article to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed. In addition, whenever any person is placed on supervision for an alleged offense under this Article, the supervision shall be conditioned upon the performance of the community service.
    This Section does not apply when the court imposes a sentence of incarceration.
(Source: P.A. 88‑558, eff. 1‑1‑95; 89‑8, eff. 3‑21‑95.)

    (720 ILCS 5/24‑8)
    Sec. 24‑8. Firearm tracing.
    (a) Upon recovering a firearm from the possession of anyone who is not permitted by federal or State law to possess a firearm, a local law enforcement agency shall use the best available information, including a firearms trace when necessary, to determine how and from whom the person gained possession of the firearm. Upon recovering a firearm that was used in the commission of any offense classified as a felony or upon recovering a firearm that appears to have been lost, mislaid, stolen, or otherwise unclaimed, a local law enforcement agency shall use the best available information, including a firearms trace when necessary, to determine prior ownership of the firearm.
    (b) Local law enforcement shall, when appropriate, use the National Tracing Center of the Federal Bureau of Alcohol, Tobacco and Firearms in complying with subsection (a) of this Section.
    (c) Local law enforcement agencies shall use the Illinois Department of State Police Law Enforcement Agencies Data System (LEADS) Gun File to enter all stolen, seized, or recovered firearms as prescribed by LEADS regulations and policies.
(Source: P.A. 91‑364, eff. 1‑1‑00; 92‑300, eff. 1‑1‑02.)

    (720 ILCS 5/24‑9)
    Sec. 24‑9. Firearms; Child Protection.
    (a) Except as provided in subsection (c), it is unlawful for any person to store or leave, within premises under his or her control, a firearm if the person knows or has reason to believe that a minor under the age of 14 years who does not have a Firearm Owners Identification Card is likely to gain access to the firearm without the lawful permission of the minor's parent, guardian, or person having charge of the minor, and the minor causes death or great bodily harm with the firearm, unless the firearm is:
        (1) secured by a device or mechanism, other than the
    
firearm safety, designed to render a firearm temporarily inoperable; or
        (2) placed in a securely locked box or container; or
        (3) placed in some other location that a reasonable
    
person would believe to be secure from a minor under the age of 14 years.
    (b) Sentence. A person who violates this Section is guilty of a Class C misdemeanor and shall be fined not less than $1,000. A second or subsequent violation of this Section is a Class A misdemeanor.
    (c) Subsection (a) does not apply:
        (1) if the minor under 14 years of age gains access
    
to a firearm and uses it in a lawful act of self‑defense or defense of another; or
        (2) to any firearm obtained by a minor under the age
    
of 14 because of an unlawful entry of the premises by the minor or another person.
    (d) For the purposes of this Section, "firearm" has the meaning ascribed to it in Section 1.1 of the Firearm Owners Identification Card Act.
(Source: P.A. 91‑18, eff. 1‑1‑00.)

    (720 ILCS 5/24‑9.5)
    Sec. 24‑9.5. Handgun safety devices.
    (a) It is unlawful for a person licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923) to offer for sale, sell, or transfer a handgun to a person not licensed under that Act, unless he or she sells or includes with the handgun a device or mechanism, other than the firearm safety, designed to render the handgun temporarily inoperable or inaccessible. This includes but is not limited to:
        (1) An external device that is:
            (i) attached to the handgun with a key or
        
combination lock; and
            (ii) designed to prevent the handgun from being
        
discharged unless the device has been deactivated.
        (2) An integrated mechanical safety, disabling, or
    
locking device that is:
            (i) built into the handgun; and
            (ii) designed to prevent the handgun from being
        
discharged unless the device has been deactivated.
    (b) Sentence. A person who violates this Section is
    
guilty of a Class C misdemeanor and shall be fined not less than $1,000. A second or subsequent violation of this Section is a Class A misdemeanor.
    (c) For the purposes of this Section, "handgun" has the
    
meaning ascribed to it in clause (h)(2) of subsection (A) of Section 24‑3 of this Code.
    (d) This Section does not apply to:
        (1) the purchase, sale, or transportation of a
    
handgun to or by a federally licensed firearms dealer or manufacturer that provides or services a handgun for:
            (i) personnel of any unit of the federal
        
government;
            (ii) members of the armed forces of the United
        
States or the National Guard;
            (iii) law enforcement personnel of the State or
        
any local law enforcement agency in the State while acting within the scope of their official duties; and
            (iv) an organization that is required by federal
        
law governing its specific business or activity to maintain handguns and applicable ammunition;
        (2) a firearm modified to be permanently inoperative;
        (3) the sale or transfer of a handgun by a federally
    
licensed firearms dealer or manufacturer described in item (1) of this subsection (d);
        (4) the sale or transfer of a handgun by a federally
    
licensed firearms dealer or manufacturer to a lawful customer outside the State; or
        (5) an antique firearm.
(Source: P.A. 94‑390, eff. 1‑1‑06.)

    (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.)

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