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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3683
Introduced 2/5/2026, by Sen. Patrick J. Joyce
SYNOPSIS AS INTRODUCED:
720 ILCS 5/24-1
from Ch. 38, par. 24-1
Amends the Criminal Code of 2012. Exempts from the provisions of the
unlawful possession of weapons statute, the carrying or possession of
certain weapons by qualified retired law enforcement officers, as defined
in the federal Law Enforcement Officers Safety Act of 2004, as recognized
under Illinois law, in specified locations.
LRB104 17931 RLC 31368 b
A BILL FOR
SB3683
LRB104 17931 RLC 31368 b
1
AN ACT concerning criminal law.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Criminal Code of 2012 is amended by
5
changing Section 24-1 as follows:
6
(720 ILCS 5/24-1)
(from Ch. 38, par. 24-1)
7
Sec. 24-1.
Unlawful possession of weapons.
8
(a) A person commits the offense of unlawful possession of
9
weapons when he knowingly:
10
(1) Sells, manufactures, purchases, possesses or
11
carries any bludgeon, black-jack, slung-shot, sand-club,
12
sand-bag, metal knuckles or other knuckle weapon
13
regardless of its composition, throwing star, or any
14
knife, commonly referred to as a switchblade knife, which
15
has a blade that opens automatically by hand pressure
16
applied to a button, spring or other device in the handle
17
of the knife, or a ballistic knife, which is a device that
18
propels a knifelike blade as a projectile by means of a
19
coil spring, elastic material or compressed gas; or
20
(2) Carries or possesses with intent to use the same
21
unlawfully against another, a dagger, dirk, billy,
22
dangerous knife, razor, stiletto, broken bottle or other
23
piece of glass, stun gun or taser or any other dangerous or
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deadly weapon or instrument of like character; or
2
(2.5) Carries or possesses with intent to use the same
3
unlawfully against another, any firearm in a church,
4
synagogue, mosque, or other building, structure, or place
5
used for religious worship; or
6
(3) Carries on or about his person or in any vehicle, a
7
tear gas gun projector or bomb or any object containing
8
noxious liquid gas or substance, other than an object
9
containing a non-lethal noxious liquid gas or substance
10
designed solely for personal defense carried by a person
11
18 years of age or older; or
12
(4) Carries or possesses in any vehicle or concealed
13
on or about his person except when on his land or in his
14
own abode, legal dwelling, or fixed place of business, or
15
on the land or in the legal dwelling of another person as
16
an invitee with that person's permission, any pistol,
17
revolver, stun gun or taser or other firearm, except that
18
this subsection (a)(4) does not apply to or affect
19
transportation of weapons that meet one of the following
20
conditions:
21
(i) are broken down in a non-functioning state; or
22
(ii) are not immediately accessible; or
23
(iii) are unloaded and enclosed in a case, firearm
24
carrying box, shipping box, or other container by a
25
person who has been issued a currently valid Firearm
26
Owner's Identification Card; or
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1
(iv) are carried or possessed in accordance with
2
the Firearm Concealed Carry Act by a person who has
3
been issued a currently valid license under the
4
Firearm Concealed Carry Act; or
5
(5) Sets a spring gun; or
6
(6) Possesses any device or attachment of any kind
7
designed, used or intended for use in silencing the report
8
of any firearm; or
9
(7) Sells, manufactures, purchases, possesses or
10
carries:
11
(i) a machine gun, which shall be defined for the
12
purposes of this subsection as any weapon, which
13
shoots, is designed to shoot, or can be readily
14
restored to shoot, automatically more than one shot
15
without manually reloading by a single function of the
16
trigger, including the frame or receiver of any such
17
weapon, or sells, manufactures, purchases, possesses,
18
or carries any combination of parts designed or
19
intended for use in converting any weapon into a
20
machine gun, or any combination or parts from which a
21
machine gun can be assembled if such parts are in the
22
possession or under the control of a person;
23
(ii) any rifle having one or more barrels less
24
than 16 inches in length or a shotgun having one or
25
more barrels less than 18 inches in length or any
26
weapon made from a rifle or shotgun, whether by
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alteration, modification, or otherwise, if such a
2
weapon as modified has an overall length of less than
3
26 inches; or
4
(iii) any bomb, bomb-shell, grenade, bottle or
5
other container containing an explosive substance of
6
over one-quarter ounce for like purposes, such as, but
7
not limited to, black powder bombs and Molotov
8
cocktails or artillery projectiles; or
9
(8) Carries or possesses any firearm, stun gun or
10
taser or other deadly weapon in any place which is
11
licensed to sell intoxicating beverages, or at any public
12
gathering held pursuant to a license issued by any
13
governmental body or any public gathering at which an
14
admission is charged, excluding a place where a showing,
15
demonstration or lecture involving the exhibition of
16
unloaded firearms is conducted.
17
This subsection (a)(8) does not apply to any auction
18
or raffle of a firearm held pursuant to a license or permit
19
issued by a governmental body, nor does it apply to
20
persons engaged in firearm safety training courses; or
21
(9) Carries or possesses in a vehicle or on or about
22
his or her person any pistol, revolver, stun gun or taser
23
or firearm or ballistic knife, when he or she is hooded,
24
robed or masked in such manner as to conceal his or her
25
identity; or
26
(10) Carries or possesses on or about his or her
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person, upon any public street, alley, or other public
2
lands within the corporate limits of a city, village, or
3
incorporated town, except when an invitee thereon or
4
therein, for the purpose of the display of such weapon or
5
the lawful commerce in weapons, or except when on his land
6
or in his or her own abode, legal dwelling, or fixed place
7
of business, or on the land or in the legal dwelling of
8
another person as an invitee with that person's
9
permission, any pistol, revolver, stun gun, or taser or
10
other firearm, except that this subsection (a)(10) does
11
not apply to or affect transportation of weapons that meet
12
one of the following conditions:
13
(i) are broken down in a non-functioning state; or
14
(ii) are not immediately accessible; or
15
(iii) are unloaded and enclosed in a case, firearm
16
carrying box, shipping box, or other container by a
17
person who has been issued a currently valid Firearm
18
Owner's Identification Card; or
19
(iv) are carried or possessed in accordance with
20
the Firearm Concealed Carry Act by a person who has
21
been issued a currently valid license under the
22
Firearm Concealed Carry Act.
23
A "stun gun or taser", as used in this paragraph (a)
24
means (i) any device which is powered by electrical
25
charging units, such as, batteries, and which fires one or
26
several barbs attached to a length of wire and which, upon
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hitting a human, can send out a current capable of
2
disrupting the person's nervous system in such a manner as
3
to render him incapable of normal functioning or (ii) any
4
device which is powered by electrical charging units, such
5
as batteries, and which, upon contact with a human or
6
clothing worn by a human, can send out current capable of
7
disrupting the person's nervous system in such a manner as
8
to render him incapable of normal functioning; or
9
(11) Sells, manufactures, delivers, imports,
10
possesses, or purchases any assault weapon attachment or
11
.50 caliber cartridge in violation of Section 24-1.9 or
12
any explosive bullet. For purposes of this paragraph (a)
13
"explosive bullet" means the projectile portion of an
14
ammunition cartridge which contains or carries an
15
explosive charge which will explode upon contact with the
16
flesh of a human or an animal. "Cartridge" means a tubular
17
metal case having a projectile affixed at the front
18
thereof and a cap or primer at the rear end thereof, with
19
the propellant contained in such tube between the
20
projectile and the cap; or
21
(12) (Blank); or
22
(13) Carries or possesses on or about his or her
23
person while in a building occupied by a unit of
24
government, a billy club, other weapon of like character,
25
or other instrument of like character intended for use as
26
a weapon. For the purposes of this Section, "billy club"
SB3683
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1
means a short stick or club commonly carried by police
2
officers which is either telescopic or constructed of a
3
solid piece of wood or other man-made material; or
4
(14) Manufactures, possesses, sells, or offers to
5
sell, purchase, manufacture, import, transfer, or use any
6
device, part, kit, tool, accessory, or combination of
7
parts that is designed to and functions to increase the
8
rate of fire of a semiautomatic firearm above the standard
9
rate of fire for semiautomatic firearms that is not
10
equipped with that device, part, or combination of parts;
11
or
12
(15) Carries or possesses any assault weapon or .50
13
caliber rifle in violation of Section 24-1.9; or
14
(16) Manufactures, sells, delivers, imports, or
15
purchases any assault weapon or .50 caliber rifle in
16
violation of Section 24-1.9.
17
(b) Sentence. A person convicted of a violation of
18
subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
19
subsection 24-1(a)(11), subsection 24-1(a)(13), or 24-1(a)(15)
20
commits a Class A misdemeanor. A person convicted of a
21
violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a
22
Class 4 felony; a person convicted of a violation of
23
subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or
24
24-1(a)(16) commits a Class 3 felony. A person convicted of a
25
violation of subsection 24-1(a)(7)(i) commits a Class 2 felony
26
and shall be sentenced to a term of imprisonment of not less
SB3683
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1
than 3 years and not more than 7 years, unless the weapon is
2
possessed in the passenger compartment of a motor vehicle as
3
defined in Section 1-146 of the Illinois Vehicle Code, or on
4
the person, while the weapon is loaded, in which case it shall
5
be a Class X felony. A person convicted of a second or
6
subsequent violation of subsection 24-1(a)(4), 24-1(a)(8),
7
24-1(a)(9), 24-1(a)(10), or 24-1(a)(15) commits a Class 3
8
felony. A person convicted of a violation of subsection
9
24-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The
10
possession of each weapon or device in violation of this
11
Section constitutes a single and separate violation.
12
(c) Violations in specific places.
13
(1) A person who violates subsection 24-1(a)(6) or
14
24-1(a)(7) in any school, regardless of the time of day or
15
the time of year, in residential property owned, operated
16
or managed by a public housing agency or leased by a public
17
housing agency as part of a scattered site or mixed-income
18
development, in a public park, in a courthouse, on the
19
real property comprising any school, regardless of the
20
time of day or the time of year, on residential property
21
owned, operated or managed by a public housing agency or
22
leased by a public housing agency as part of a scattered
23
site or mixed-income development, on the real property
24
comprising any public park, on the real property
25
comprising any courthouse, in any conveyance owned, leased
26
or contracted by a school to transport students to or from
SB3683
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LRB104 17931 RLC 31368 b
1
school or a school related activity, in any conveyance
2
owned, leased, or contracted by a public transportation
3
agency, or on any public way within 1,000 feet of the real
4
property comprising any school, public park, courthouse,
5
public transportation facility, or residential property
6
owned, operated, or managed by a public housing agency or
7
leased by a public housing agency as part of a scattered
8
site or mixed-income development commits a Class 2 felony
9
and shall be sentenced to a term of imprisonment of not
10
less than 3 years and not more than 7 years.
11
(1.5) A person who violates subsection 24-1(a)(4),
12
24-1(a)(9), or 24-1(a)(10) in any school, regardless of
13
the time of day or the time of year, in residential
14
property owned, operated, or managed by a public housing
15
agency or leased by a public housing agency as part of a
16
scattered site or mixed-income development, in a public
17
park, in a courthouse, on the real property comprising any
18
school, regardless of the time of day or the time of year,
19
on residential property owned, operated, or managed by a
20
public housing agency or leased by a public housing agency
21
as part of a scattered site or mixed-income development,
22
on the real property comprising any public park, on the
23
real property comprising any courthouse, in any conveyance
24
owned, leased, or contracted by a school to transport
25
students to or from school or a school related activity,
26
in any conveyance owned, leased, or contracted by a public
SB3683
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1
transportation agency, or on any public way within 1,000
2
feet of the real property comprising any school, public
3
park, courthouse, public transportation facility, or
4
residential property owned, operated, or managed by a
5
public housing agency or leased by a public housing agency
6
as part of a scattered site or mixed-income development
7
commits a Class 3 felony.
8
(2) A person who violates subsection 24-1(a)(1),
9
24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
10
time of day or the time of year, in residential property
11
owned, operated or managed by a public housing agency or
12
leased by a public housing agency as part of a scattered
13
site or mixed-income development, in a public park, in a
14
courthouse, on the real property comprising any school,
15
regardless of the time of day or the time of year, on
16
residential property owned, operated or managed by a
17
public housing agency or leased by a public housing agency
18
as part of a scattered site or mixed-income development,
19
on the real property comprising any public park, on the
20
real property comprising any courthouse, in any conveyance
21
owned, leased or contracted by a school to transport
22
students to or from school or a school related activity,
23
in any conveyance owned, leased, or contracted by a public
24
transportation agency, or on any public way within 1,000
25
feet of the real property comprising any school, public
26
park, courthouse, public transportation facility, or
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1
residential property owned, operated, or managed by a
2
public housing agency or leased by a public housing agency
3
as part of a scattered site or mixed-income development
4
commits a Class 4 felony. "Courthouse" means any building
5
that is used by the Circuit, Appellate, or Supreme Court
6
of this State for the conduct of official business.
7
(3) Paragraphs (1), (1.5), and (2) of this subsection
8
(c) shall not apply to law enforcement officers
, qualified
9
retired law enforcement officers, as defined in the
10
federal Law Enforcement Officers Safety Act of 2004 (18
11
U.S.C. 926B and 926C), as recognized under Illinois law,
12
or security officers of such school, college, or
13
university or to students carrying or possessing firearms
14
for use in training courses, parades, hunting, target
15
shooting on school ranges, or otherwise with the consent
16
of school authorities and which firearms are transported
17
unloaded enclosed in a suitable case, box, or
18
transportation package.
19
(4) For the purposes of this subsection (c), "school"
20
means any public or private elementary or secondary
21
school, community college, college, or university.
22
(5) For the purposes of this subsection (c), "public
23
transportation agency" means a public or private agency
24
that provides for the transportation or conveyance of
25
persons by means available to the general public, except
26
for transportation by automobiles not used for conveyance
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LRB104 17931 RLC 31368 b
1
of the general public as passengers; and "public
2
transportation facility" means a terminal or other place
3
where one may obtain public transportation.
4
(d) The presence in an automobile other than a public
5
omnibus of any weapon, instrument or substance referred to in
6
subsection (a)(7) is prima facie evidence that it is in the
7
possession of, and is being carried by, all persons occupying
8
such automobile at the time such weapon, instrument or
9
substance is found, except under the following circumstances:
10
(i) if such weapon, instrument or instrumentality is found
11
upon the person of one of the occupants therein; or (ii) if
12
such weapon, instrument or substance is found in an automobile
13
operated for hire by a duly licensed driver in the due, lawful
14
and proper pursuit of his or her trade, then such presumption
15
shall not apply to the driver.
16
(e) Exemptions.
17
(1) Crossbows, Common or Compound bows and Underwater
18
Spearguns are exempted from the definition of ballistic
19
knife as defined in paragraph (1) of subsection (a) of
20
this Section.
21
(2) The provision of paragraph (1) of subsection (a)
22
of this Section prohibiting the sale, manufacture,
23
purchase, possession, or carrying of any knife, commonly
24
referred to as a switchblade knife, which has a blade that
25
opens automatically by hand pressure applied to a button,
26
spring or other device in the handle of the knife, does not
SB3683
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LRB104 17931 RLC 31368 b
1
apply to a person who possesses a currently valid Firearm
2
Owner's Identification Card previously issued in his or
3
her name by the Illinois State Police or to a person or an
4
entity engaged in the business of selling or manufacturing
5
switchblade knives.
6
(Source: P.A. 102-538, eff. 8-20-21; 102-1116, eff. 1-10-23;
7
103-822, eff. 1-1-25
.)
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