§ 70-281. Unlawful use of weapons.

(a)

A person commits the offense of unlawful use of weapons, except in those instances and circumstances when a violation is declared to be a felony under 720 ILCS 5/24-1, when he knowingly:

(1)

Sells, manufactures, purchases, possesses or carries any bludgeon, blackjack, slungshot, sandclub, sandbag, 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;

(2)

Carries or possesses, with intent to use such 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;

(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 nonlethal noxious liquid gas or substance designed solely for personal defense carried by a person 18 years of age or older;

(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 does not apply to or affect transportation of weapons that meets one of the following conditions:

a.

Are broken down in a nonfunctioning state;

b.

Are not immediately accessible; or

c.

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;

(5)

Sets a spring gun;

(6)

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 does not apply to or affect transportation of weapons that meets one of the following conditions:

a.

Are broken down in a nonfunctioning state;

b.

Are not immediately accessible; or

c.

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 subsection 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

(7)

Sells, manufactures or purchases any explosive bullet. For purposes of this subsection, the term "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. The term "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.

(b)

The presence in an automobile other than a public omnibus of any weapon, instrument or substance referred to in subsection (a)(7) of this section is prima facie evidence that it is in the possession of, and is being carried by, all persons occupying such automobile at the time such weapon, instrument or substance is found, except under the following circumstances: (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.

(c)

Crossbows, common or compound bows and underwater spearguns are exempted from the definition of ballistic knife as defined in subsection (a)(1) of this section.

(Code 1996, § 131.01)

State law reference

Similar provisions, 720 ILCS 5/24-1.