Unlawful Use Or Carrying Of Weapons – Defined

A person commits the offense of unlawful use of weapons when he knowingly:

  • Sells, manufactures, purchases, possesses or carries any bludgeon, blackjack, 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;
  • 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;
  • 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;
  • Carries or possesses in any vehicle or concealed on or about his person expect when on his land or in his own abode or fixed place of business any pistol, revolver, stun gun or taser or other firearm;
  • Sets a spring gun;
  • Possesses any device or attachment of any kind designed, used or intended for use in silencing the report of any firearm;
  • Sells, manufactures, purchases, possesses or carries a machine gun, which shall be defined for the purpose 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 of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person, or 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 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;
  • Carries or possesses any firearm, 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;
  • Carries or possesses in a vehicle or on or about his person any pistol, revolver or firearm, when he is hooded, robed or masked in such a manner as to conceal his identity;
  • Carries or possesses the following weapons:
    • Nun-chuks, being two (2) pieces of wood, metal, plastic or rubber, joined together by chain, tape or wire.
    • Three-section staff, being three (3) pieces of wood, metal, plastic or rubber, joined together by chain, tape or wire.
    • Sias-Sis, being a metal, wood or plastic pole with a handle and two (2) smaller side arms pointing in the manner of a trident.
    • Sherikens, being pieces of metal with pointed, sharpened ends and points.
    • Studded wrist bands or wrist guards, being leather wrist bands of various widths having metal pointed prongs.

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:

  • If such weapon, instrument or instrumentality is found upon the person of one of the occupants therein; or
  • 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. (Code 1953, § 26-309; Ord. No. 82-0-61, § 1, 9-21-82)

State Law Reference

Similar provisions, Ill. Rev. Stats., Ch.38, § 24-1.

Same – Exceptions

Subsections 28-1 (a) (3) and (a) (4) shall not apply to or affect any of the following:

  • Peace officers or any person summoned by any such officers to assist in making arrests or preserving the peace while he is actually engaged in assisting such officer.
  • 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.
  • 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.
  • Special agents employed by a railroad to perform police functions while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment; watchmen while actually engaged in the performance of the duties of their employment.
  • Manufacture, transportation, or sale of weapons to persons authorized under (1) through (4) of this subsection to possess such.

Adopted 08/28/01

See also: