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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 2012 is amended by changing | ||||||||||||||||||||||||
5 | Sections 24-2, 24-4 and 24-5 and by adding Sections 24-0.05, | ||||||||||||||||||||||||
6 | 24-1.9, 24-1.10, 24-1.11, and 24-1.12 as follows: | ||||||||||||||||||||||||
7 | (720 ILCS 5/24-0.05 new) | ||||||||||||||||||||||||
8 | Sec. 24-0.05. Definitions. In this Article: | ||||||||||||||||||||||||
9 | "Department" means the Department of State Police. | ||||||||||||||||||||||||
10 | "Handgun ammunition" means ammunition principally for use | ||||||||||||||||||||||||
11 | in pistols, revolvers, and other firearms capable of being | ||||||||||||||||||||||||
12 | concealed upon the person, notwithstanding that the ammunition | ||||||||||||||||||||||||
13 | may also be used in some rifles. | ||||||||||||||||||||||||
14 | "Manufacturer", "ammunition
manufacturer", or "registered | ||||||||||||||||||||||||
15 | handgun ammunition
manufacturer" means any person that
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16 | manufactures handgun ammunition
within this State or | ||||||||||||||||||||||||
17 | manufactures handgun ammunition with the intent
to distribute | ||||||||||||||||||||||||
18 | that ammunition for purposes, within this State, of
sale, loan, | ||||||||||||||||||||||||
19 | or transfer. | ||||||||||||||||||||||||
20 | "Pistol", "revolver", and "firearm capable of being | ||||||||||||||||||||||||
21 | concealed upon the person" applies to and includes any device | ||||||||||||||||||||||||
22 | designed to be used as a weapon, from which is expelled a | ||||||||||||||||||||||||
23 | projectile by the force of any explosion, or other form of |
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| |||||||
1 | combustion, and that has a barrel less than 16 inches in | ||||||
2 | length. These terms also include any device that has a barrel | ||||||
3 | 16 inches or more in length which is designed to be | ||||||
4 | interchanged with a barrel less than 16 inches in length. | ||||||
5 | "Public place" means an
area open to the public and | ||||||
6 | includes, but is not limited to, streets, sidewalks, bridges,
| ||||||
7 | alleys, plazas, parks, driveways, front yards, parking lots,
| ||||||
8 | including motor vehicles in these areas, whether moving or not, | ||||||
9 | and buildings open to the general
public, including those that | ||||||
10 | serve food or drink, or provide
entertainment, and the doorways | ||||||
11 | and entrances to buildings or
dwellings. | ||||||
12 | "Retail mercantile establishment" has the meaning ascribed | ||||||
13 | to it in Section 16-0.1 of this Code. | ||||||
14 | "Serialized" means: | ||||||
15 | (1) the handgun ammunition has been identified in a | ||||||
16 | manner prescribed by
the Department of State Police so that | ||||||
17 | all assembled handgun ammunition contained
within a | ||||||
18 | package provided for retail sale, or as otherwise specified
| ||||||
19 | by the Department, is uniquely identified; | ||||||
20 | (2) bullets used for reloading or handloading | ||||||
21 | contained within a
package provided for retail sale, or as | ||||||
22 | otherwise specified by the
Department, are uniquely | ||||||
23 | identified; | ||||||
24 | (3) identification of the manufacturer of the items | ||||||
25 | described in
subdivisions (1) and (2) of this definition; | ||||||
26 | (4) identification on the exterior of the items |
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| |||||||
1 | described in
subdivisions (1) and (2) of this definition in | ||||||
2 | a manner that permits visual inspection for
the purpose of | ||||||
3 | determining if the assembled handgun ammunition or bullet
| ||||||
4 | is serialized; | ||||||
5 | (5) identification on the exterior of the items | ||||||
6 | described in
subdivisions (1) and (2) of this definition in | ||||||
7 | a manner that is maintained subsequent to
the discharge of | ||||||
8 | the handgun ammunition and subsequent to the impact of the
| ||||||
9 | bullet, based on standards prescribed by the Department; | ||||||
10 | and | ||||||
11 | (6) identification on the exterior of every package or | ||||||
12 | container
of serialized handgun ammunition, as prescribed | ||||||
13 | by the Department, with the
same unique identifiers used on | ||||||
14 | the assembled handgun ammunition or bullets
contained | ||||||
15 | within the packaging or container. A package or container
| ||||||
16 | shall not be labeled with the same unique identifiers as | ||||||
17 | any other
package or container by the same manufacturer. | ||||||
18 | "Serialized handgun
ammunition" means any of the | ||||||
19 | following, which are subject to
serialization under this | ||||||
20 | Article: | ||||||
21 | (1) handgun ammunition; | ||||||
22 | (2) .22 caliber rimfire ammunition; | ||||||
23 | (3) assembled handgun ammunition packaged for retail | ||||||
24 | sale; or | ||||||
25 | (4) bullets used for reloading or handloading handgun | ||||||
26 | ammunition
that are packaged for retail sale. |
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| |||||||
1 | "Serialized handgun ammunition" does not include blank
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2 | cartridges, shot-shells, or projectiles used in black powder
| ||||||
3 | handguns. | ||||||
4 | (720 ILCS 5/24-1.9 new) | ||||||
5 | Sec. 24-1.9. Serialization of handgun ammunition. | ||||||
6 | (a) The Department of State Police shall enforce the | ||||||
7 | requirements of
the handgun serialization program and other | ||||||
8 | provisions of Sections 24-1.9 through 24-1.12 of this
Code. The | ||||||
9 | Department may prescribe the manner
in which handgun ammunition | ||||||
10 | is serialized in order to comply with Section 24-1.10 of this | ||||||
11 | Code, including, but not limited to,
determining how handgun | ||||||
12 | ammunition that is loose, packaged, in lots, series,
or | ||||||
13 | otherwise aggregated for purposes of manufacture or sale shall | ||||||
14 | be
serialized with a unique identifier, under Section 24-1.10.
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15 | The Department shall adopt rules implementing this Section no
| ||||||
16 | later than January 1, 2020. | ||||||
17 | (b) The Department may: | ||||||
18 | (1) adopt rules relating to the assessment and | ||||||
19 | collection of
end-user fees in an amount not to exceed | ||||||
20 | $0.005 per round of handgun ammunition or per bullet, in | ||||||
21 | which the accumulated
fee amount may not exceed the cost to | ||||||
22 | pay for the infrastructure,
implementation, operational, | ||||||
23 | enforcement, and future development
costs of Sections | ||||||
24 | 24-1.9 through 24-1.12; | ||||||
25 | (2) adopt rules relating to the implementation and
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| |||||||
1 | furtherance of a retail handgun ammunition vendor's | ||||||
2 | registry and the
assessment and collection of fees | ||||||
3 | associated with the registration
program in an amount not | ||||||
4 | to exceed $50 per year per
retail location, adjusted | ||||||
5 | annually for inflation based upon the
Consumer Price Index | ||||||
6 | for the North Central Region as published by the United | ||||||
7 | States Department of Labor, Bureau of Labor Statistics for | ||||||
8 | the immediately preceding calendar year, in which the | ||||||
9 | accumulated fee amount may not
exceed the cost to pay for | ||||||
10 | the infrastructure, implementation,
operational, | ||||||
11 | enforcement, and future development costs of Sections | ||||||
12 | 24-1.9 through 24-1.12; or | ||||||
13 | (3) adopt or amend rules relating to this Section in an
| ||||||
14 | effort to incorporate new technologies as they become | ||||||
15 | available. | ||||||
16 | (720 ILCS 5/24-1.10 new) | ||||||
17 | Sec. 24-1.10. Unlawful manufacture, sale, or transfer of | ||||||
18 | non-serialized handgun ammunition; unlawful possession of | ||||||
19 | non-serialized handgun ammunition; penalties. | ||||||
20 | (a) Beginning January 1, 2020, and except as provided in | ||||||
21 | subsection
(g-15) of Section 24-2, a person commits unlawful | ||||||
22 | manufacture, sale, or transfer of non-serialized handgun | ||||||
23 | ammunition when he or she knowingly manufactures, causes to be | ||||||
24 | manufactured, imports
into this State for sale or personal use, | ||||||
25 | keeps for sale, offers or
exposes for sale, or gives or lends |
| |||||||
| |||||||
1 | any handgun ammunition that
is not serialized. A violation of | ||||||
2 | this subsection (a) is a Class A misdemeanor. | ||||||
3 | (b) Beginning January 1, 2020, and except as provided in | ||||||
4 | subsection
(g-15) of Section 24-2, a person commits unlawful | ||||||
5 | possession of non-serialized handgun ammunition when he or she | ||||||
6 | knowingly possesses in any public place any handgun
ammunition | ||||||
7 | that is not serialized. A violation of this subsection is a | ||||||
8 | Class C misdemeanor. | ||||||
9 | (c) Beginning January 1, 2020, and except as provided in | ||||||
10 | subsection
(g-15) of Section 24-2, a person commits unlawful | ||||||
11 | possession of non-serialized handgun ammunition when he or she | ||||||
12 | knowingly possesses non-serialized ammunition for a rifle | ||||||
13 | having one or more barrels less
than 16 inches in length or a | ||||||
14 | shotgun having one or more barrels less than 18 inches in | ||||||
15 | length or any weapon made from a rifle or shotgun, whether by | ||||||
16 | alteration, modification, or otherwise, if the weapon as | ||||||
17 | modified has an overall length of less than 26 inches. A | ||||||
18 | violation of this subsection is a Class C misdemeanor. | ||||||
19 | (d) For purposes of Sections 24-1.9 through 24-1.12, the | ||||||
20 | possession of each round of non-serialized handgun ammunition | ||||||
21 | or bullets
constitutes a separate and distinct offense. | ||||||
22 | (720 ILCS 5/24-1.11 new) | ||||||
23 | Sec. 24-1.11. Unlawful retail sale of handgun ammunition. | ||||||
24 | (a)(1) Beginning January 1, 2020, a
person commits unlawful | ||||||
25 | retail sale of handgun ammunition if he or she knowingly |
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| |||||||
1 | engages in the retail sale of handgun ammunition and
sells, | ||||||
2 | leases, or transfers serialized handgun ammunition
without | ||||||
3 | being a registered handgun ammunition vendor
as described in | ||||||
4 | paragraph (2) of this subsection (a). A violation of this | ||||||
5 | paragraph (1) is a Class A misdemeanor. | ||||||
6 | (2) As used in this Section, "vendor", "ammunition vendor", | ||||||
7 | or
"registered handgun ammunition vendor" means any person who | ||||||
8 | is engaged in the retail sale of
handgun ammunition and has all | ||||||
9 | of the
following: | ||||||
10 | (A) any regulatory or business license, or licenses, | ||||||
11 | required by
a unit of local government; | ||||||
12 | (B) a valid Retailers Occupation Tax Registration | ||||||
13 | Number issued by the Department of Revenue; and | ||||||
14 | (C) is recorded in the centralized handgun ammunition | ||||||
15 | vendor's
registry specified in subsection (b) of this | ||||||
16 | Section. | ||||||
17 | (b) The Department of State Police shall maintain a | ||||||
18 | centralized registry of
all persons under subparagraphs (A) | ||||||
19 | through (C), inclusive, of
paragraph (2) of subsection (a) of | ||||||
20 | this Section. The Department may remove from this
registry any | ||||||
21 | person who violates this Article.
Upon removal of a vendor from | ||||||
22 | this registry, notification shall be
provided to local law | ||||||
23 | enforcement and licensing authorities in the
jurisdiction | ||||||
24 | where the vendor's business is located. | ||||||
25 | (c) The Department of State Police may inspect handgun | ||||||
26 | ammunition vendors to
ensure compliance with this Article. |
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| |||||||
1 | Nothing in this Section prohibits any unit of local government | ||||||
2 | from adopting one or more ordinances
relating to the inspection | ||||||
3 | of handgun ammunition vendors. | ||||||
4 | (d) Any vendor, agent, or employee of the vendor who sells | ||||||
5 | or
otherwise transfers ownership of any serialized handgun | ||||||
6 | ammunition
shall record the following information in a format | ||||||
7 | prescribed by the
Department of State Police: | ||||||
8 | (1) the date of the transaction; | ||||||
9 | (2) the name of the transferee; | ||||||
10 | (3) the transferee's driver's
license number or other | ||||||
11 | government issued identification card number
and the | ||||||
12 | governmental agency that issued the identification; | ||||||
13 | (4) in order to validate a transferee's age and ensure | ||||||
14 | compliance
with paragraphs (a) and (b) of subsection (A) of | ||||||
15 | Section 24-3, the date of birth of the transferee; | ||||||
16 | (5) the unique identifier, as described in Section | ||||||
17 | 24-0.05, of all
serialized handgun ammunition or bullets | ||||||
18 | transferred; and | ||||||
19 | (6) all other information prescribed by the | ||||||
20 | Department. | ||||||
21 | (e) On the date the vendor delivers the handgun ammunition | ||||||
22 | to the
transferee, he or she shall report the information | ||||||
23 | required in
subsection (d) to the Department of State Police in | ||||||
24 | a manner prescribed
by the Department. A copy of the records | ||||||
25 | required by this Section shall be
maintained on the premises of | ||||||
26 | the vendor for a period of not less
than 3 years from the date |
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| |||||||
1 | of the recorded transfer. The records shall be subject to | ||||||
2 | inspection at any time during
normal business hours by any | ||||||
3 | peace officer, or by any authorized
employee of the Department, | ||||||
4 | if the inspection relates to
an investigation in which access | ||||||
5 | to those records is or may be relevant
to that investigation, | ||||||
6 | is seeking information about persons
prohibited from owning a | ||||||
7 | firearm or handgun ammunition, or is engaged in
ensuring | ||||||
8 | compliance with this Article, the Firearm Owners | ||||||
9 | Identification Card Act, the Firearm Concealed Carry Act, or | ||||||
10 | any other laws pertaining to firearms. | ||||||
11 | (f) Any vendor or employee or agent of a vendor who | ||||||
12 | knowingly
fails to comply with, or falsifies the records | ||||||
13 | required to be kept
by subsection (e) is guilty of a Class A | ||||||
14 | misdemeanor. | ||||||
15 | (g) Proof that a vendor or his or her agent or employee | ||||||
16 | demanded,
was shown, and acted in reliance upon, bona fide | ||||||
17 | evidence of identity
shall be a defense to any criminal | ||||||
18 | prosecution under this
Section if reliance upon the proof of | ||||||
19 | identity was
reasonable. | ||||||
20 | (h) Any person who presents false identification to a | ||||||
21 | vendor with
the intent to avoid the recording requirements of | ||||||
22 | this Section is guilty of a Class A misdemeanor. | ||||||
23 | (i) Any vendor who refuses to permit a person authorized | ||||||
24 | under
subsection (e) to examine any record prepared in
| ||||||
25 | accordance with this Section during any inspection conducted | ||||||
26 | under this Section is guilty of a Class A misdemeanor. |
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| |||||||
1 | (j) Persons engaged in the non-commercial reloading of | ||||||
2 | ammunition may adopt voluntary personal serialization | ||||||
3 | protocols. | ||||||
4 | (720 ILCS 5/24-1.12 new) | ||||||
5 | Sec. 24-1.12. Unlawful commercial manufacture of | ||||||
6 | serialized handgun ammunition. | ||||||
7 | (a)
Beginning January 1, 2020, a person commits unlawful | ||||||
8 | commercial manufacture of serialized handgun ammunition when | ||||||
9 | he or she knowingly engages in
the commercial manufacture of | ||||||
10 | serialized handgun ammunition and
sells, loans, or transfers | ||||||
11 | serialized handgun ammunition within this State,
without being | ||||||
12 | a registered handgun ammunition
manufacturer. A violation of | ||||||
13 | this subsection (a) is a
Class A misdemeanor. | ||||||
14 | (b) Manufacturers shall: | ||||||
15 | (1) register with the Department of State Police in a | ||||||
16 | manner prescribed
by the Department; | ||||||
17 | (2) maintain records on the business premises for a | ||||||
18 | period of
7 years concerning all sales, loans, and | ||||||
19 | transfers of handgun ammunition,
to, from, or within this | ||||||
20 | State; and | ||||||
21 | (3) comply with all other rules concerning handgun | ||||||
22 | ammunition
manufacture and sale adopted by the Department. | ||||||
23 | (c) Any manufacturer who knowingly fails to comply with the | ||||||
24 | provisions of
this Section is liable for a civil fine payable | ||||||
25 | to the Department of State Police of not more than $1,000 for a |
| |||||||
| |||||||
1 | first violation, not more than $5,000 for a second violation, | ||||||
2 | and not more than
$10,000 for a third and subsequent violation.
| ||||||
3 | A civil action to enforce this Section may be brought by a | ||||||
4 | municipal attorney, State's Attorney, or the Attorney General. | ||||||
5 | This
subsection (c) does not preclude any other remedy | ||||||
6 | available under
State law. | ||||||
7 | (d) The Department may inspect handgun ammunition | ||||||
8 | manufacturers to ensure
compliance with this Section.
| ||||||
9 | (720 ILCS 5/24-2)
| ||||||
10 | Sec. 24-2. Exemptions.
| ||||||
11 | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | ||||||
12 | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | ||||||
13 | the following:
| ||||||
14 | (1) Peace officers, and any person summoned by a peace | ||||||
15 | officer to
assist in making arrests or preserving the | ||||||
16 | peace, while actually engaged in
assisting such officer.
| ||||||
17 | (2) Wardens, superintendents and keepers of prisons,
| ||||||
18 | penitentiaries, jails and other institutions for the | ||||||
19 | detention of persons
accused or convicted of an offense, | ||||||
20 | while in the performance of their
official duty, or while | ||||||
21 | commuting between their homes and places of employment.
| ||||||
22 | (3) Members of the Armed Services or Reserve Forces of | ||||||
23 | the United States
or the Illinois National Guard or the | ||||||
24 | Reserve Officers Training Corps,
while in the performance | ||||||
25 | of their official duty.
|
| |||||||
| |||||||
1 | (4) Special agents employed by a railroad or a public | ||||||
2 | utility to
perform police functions, and guards of armored | ||||||
3 | car companies, while
actually engaged in the performance of | ||||||
4 | the duties of their employment or
commuting between their | ||||||
5 | homes and places of employment; and watchmen
while actually | ||||||
6 | engaged in the performance of the duties of their | ||||||
7 | employment.
| ||||||
8 | (5) Persons licensed as private security contractors, | ||||||
9 | private
detectives, or private alarm contractors, or | ||||||
10 | employed by a private security contractor, private | ||||||
11 | detective, or private alarm contractor agency licensed
by | ||||||
12 | the Department of Financial and Professional Regulation, | ||||||
13 | if their duties
include the carrying of a weapon under the | ||||||
14 | provisions of the Private
Detective, Private Alarm,
| ||||||
15 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
16 | 2004,
while actually
engaged in the performance of the | ||||||
17 | duties of their employment or commuting
between their homes | ||||||
18 | and places of employment. A person shall be considered | ||||||
19 | eligible for this
exemption if he or she has completed the | ||||||
20 | required 20
hours of training for a private security | ||||||
21 | contractor, private
detective, or private alarm | ||||||
22 | contractor, or employee of a licensed private security | ||||||
23 | contractor, private detective, or private alarm contractor | ||||||
24 | agency and 20 hours of required firearm
training, and has | ||||||
25 | been issued a firearm control card by
the Department of | ||||||
26 | Financial and Professional Regulation. Conditions for the |
| |||||||
| |||||||
1 | renewal of
firearm control cards issued under the | ||||||
2 | provisions of this Section
shall be the same as for those | ||||||
3 | cards issued under the provisions of the
Private Detective, | ||||||
4 | Private Alarm,
Private Security, Fingerprint Vendor, and | ||||||
5 | Locksmith Act of 2004. The
firearm control card shall be | ||||||
6 | carried by the private security contractor, private
| ||||||
7 | detective, or private alarm contractor, or employee of the | ||||||
8 | licensed private security contractor, private detective, | ||||||
9 | or private alarm contractor agency at all
times when he or | ||||||
10 | she is in possession of a concealable weapon permitted by | ||||||
11 | his or her firearm control card.
| ||||||
12 | (6) Any person regularly employed in a commercial or | ||||||
13 | industrial
operation as a security guard for the protection | ||||||
14 | of persons employed
and private property related to such | ||||||
15 | commercial or industrial
operation, while actually engaged | ||||||
16 | in the performance of his or her
duty or traveling between | ||||||
17 | sites or properties belonging to the
employer, and who, as | ||||||
18 | a security guard, is a member of a security force | ||||||
19 | registered with the Department of Financial and | ||||||
20 | Professional
Regulation; provided that such security guard | ||||||
21 | has successfully completed a
course of study, approved by | ||||||
22 | and supervised by the Department of
Financial and | ||||||
23 | Professional Regulation, consisting of not less than 40 | ||||||
24 | hours of training
that includes the theory of law | ||||||
25 | enforcement, liability for acts, and the
handling of | ||||||
26 | weapons. A person shall be considered eligible for this
|
| |||||||
| |||||||
1 | exemption if he or she has completed the required 20
hours | ||||||
2 | of training for a security officer and 20 hours of required | ||||||
3 | firearm
training, and has been issued a firearm control | ||||||
4 | card by
the Department of Financial and Professional | ||||||
5 | Regulation. Conditions for the renewal of
firearm control | ||||||
6 | cards issued under the provisions of this Section
shall be | ||||||
7 | the same as for those cards issued under the provisions of | ||||||
8 | the
Private Detective, Private Alarm,
Private Security, | ||||||
9 | Fingerprint Vendor, and Locksmith Act of 2004. The
firearm | ||||||
10 | control card shall be carried by the security guard at all
| ||||||
11 | times when he or she is in possession of a concealable | ||||||
12 | weapon permitted by his or her firearm control card.
| ||||||
13 | (7) Agents and investigators of the Illinois | ||||||
14 | Legislative Investigating
Commission authorized by the | ||||||
15 | Commission to carry the weapons specified in
subsections | ||||||
16 | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| ||||||
17 | any investigation for the Commission.
| ||||||
18 | (8) Persons employed by a financial institution as a | ||||||
19 | security guard for the protection of
other employees and | ||||||
20 | property related to such financial institution, while
| ||||||
21 | actually engaged in the performance of their duties, | ||||||
22 | commuting between
their homes and places of employment, or | ||||||
23 | traveling between sites or
properties owned or operated by | ||||||
24 | such financial institution, and who, as a security guard, | ||||||
25 | is a member of a security force registered with the | ||||||
26 | Department; provided that
any person so employed has |
| |||||||
| |||||||
1 | successfully completed a course of study,
approved by and | ||||||
2 | supervised by the Department of Financial and Professional | ||||||
3 | Regulation,
consisting of not less than 40 hours of | ||||||
4 | training which includes theory of
law enforcement, | ||||||
5 | liability for acts, and the handling of weapons.
A person | ||||||
6 | shall be considered to be eligible for this exemption if he | ||||||
7 | or
she has completed the required 20 hours of training for | ||||||
8 | a security officer
and 20 hours of required firearm | ||||||
9 | training, and has been issued a
firearm control card by the | ||||||
10 | Department of Financial and Professional Regulation.
| ||||||
11 | Conditions for renewal of firearm control cards issued | ||||||
12 | under the
provisions of this Section shall be the same as | ||||||
13 | for those issued under the
provisions of the Private | ||||||
14 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
15 | Vendor, and Locksmith Act of 2004. The
firearm control card | ||||||
16 | shall be carried by the security guard at all times when he | ||||||
17 | or she is in possession of a concealable
weapon permitted | ||||||
18 | by his or her firearm control card. For purposes of this | ||||||
19 | subsection, "financial institution" means a
bank, savings | ||||||
20 | and loan association, credit union or company providing
| ||||||
21 | armored car services.
| ||||||
22 | (9) Any person employed by an armored car company to | ||||||
23 | drive an armored
car, while actually engaged in the | ||||||
24 | performance of his duties.
| ||||||
25 | (10) Persons who have been classified as peace officers | ||||||
26 | pursuant
to the Peace Officer Fire Investigation Act.
|
| |||||||
| |||||||
1 | (11) Investigators of the Office of the State's | ||||||
2 | Attorneys Appellate
Prosecutor authorized by the board of | ||||||
3 | governors of the Office of the
State's Attorneys Appellate | ||||||
4 | Prosecutor to carry weapons pursuant to
Section 7.06 of the | ||||||
5 | State's Attorneys Appellate Prosecutor's Act.
| ||||||
6 | (12) Special investigators appointed by a State's | ||||||
7 | Attorney under
Section 3-9005 of the Counties Code.
| ||||||
8 | (12.5) Probation officers while in the performance of | ||||||
9 | their duties, or
while commuting between their homes, | ||||||
10 | places of employment or specific locations
that are part of | ||||||
11 | their assigned duties, with the consent of the chief judge | ||||||
12 | of
the circuit for which they are employed, if they have | ||||||
13 | received weapons training according
to requirements of the | ||||||
14 | Peace Officer and Probation Officer Firearm Training Act.
| ||||||
15 | (13) Court Security Officers while in the performance | ||||||
16 | of their official
duties, or while commuting between their | ||||||
17 | homes and places of employment, with
the
consent of the | ||||||
18 | Sheriff.
| ||||||
19 | (13.5) A person employed as an armed security guard at | ||||||
20 | a nuclear energy,
storage, weapons or development site or | ||||||
21 | facility regulated by the Nuclear
Regulatory Commission | ||||||
22 | who has completed the background screening and training
| ||||||
23 | mandated by the rules and regulations of the Nuclear | ||||||
24 | Regulatory Commission.
| ||||||
25 | (14) Manufacture, transportation, or sale of weapons | ||||||
26 | to
persons
authorized under subdivisions (1) through |
| |||||||
| |||||||
1 | (13.5) of this
subsection
to
possess those weapons.
| ||||||
2 | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
3 | to
or affect any person carrying a concealed pistol, revolver, | ||||||
4 | or handgun and the person has been issued a currently valid | ||||||
5 | license under the Firearm Concealed Carry Act at the time of | ||||||
6 | the commission of the offense. | ||||||
7 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
8 | 24-1.6 do not
apply to or affect
any of the following:
| ||||||
9 | (1) Members of any club or organization organized for | ||||||
10 | the purpose of
practicing shooting at targets upon | ||||||
11 | established target ranges, whether
public or private, and | ||||||
12 | patrons of such ranges, while such members
or patrons are | ||||||
13 | using their firearms on those target ranges.
| ||||||
14 | (2) Duly authorized military or civil organizations | ||||||
15 | while parading,
with the special permission of the | ||||||
16 | Governor.
| ||||||
17 | (3) Hunters, trappers or fishermen with a license or
| ||||||
18 | permit while engaged in hunting,
trapping or fishing.
| ||||||
19 | (4) Transportation of weapons that are broken down in a
| ||||||
20 | non-functioning state or are not immediately accessible.
| ||||||
21 | (5) Carrying or possessing any pistol, revolver, stun | ||||||
22 | gun or taser or other firearm on the land or in the legal | ||||||
23 | dwelling of another person as an invitee with that person's | ||||||
24 | permission. | ||||||
25 | (c) Subsection 24-1(a)(7) does not apply to or affect any | ||||||
26 | of the
following:
|
| |||||||
| |||||||
1 | (1) Peace officers while in performance of their | ||||||
2 | official duties.
| ||||||
3 | (2) Wardens, superintendents and keepers of prisons, | ||||||
4 | penitentiaries,
jails and other institutions for the | ||||||
5 | detention of persons accused or
convicted of an offense.
| ||||||
6 | (3) Members of the Armed Services or Reserve Forces of | ||||||
7 | the United States
or the Illinois National Guard, while in | ||||||
8 | the performance of their official
duty.
| ||||||
9 | (4) Manufacture, transportation, or sale of machine | ||||||
10 | guns to persons
authorized under subdivisions (1) through | ||||||
11 | (3) of this subsection to
possess machine guns, if the | ||||||
12 | machine guns are broken down in a
non-functioning state or | ||||||
13 | are not immediately accessible.
| ||||||
14 | (5) Persons licensed under federal law to manufacture | ||||||
15 | any weapon from
which 8 or more shots or bullets can be | ||||||
16 | discharged by a
single function of the firing device, or | ||||||
17 | ammunition for such weapons, and
actually engaged in the | ||||||
18 | business of manufacturing such weapons or
ammunition, but | ||||||
19 | only with respect to activities which are within the lawful
| ||||||
20 | scope of such business, such as the manufacture, | ||||||
21 | transportation, or testing
of such weapons or ammunition. | ||||||
22 | This exemption does not authorize the
general private | ||||||
23 | possession of any weapon from which 8 or more
shots or | ||||||
24 | bullets can be discharged by a single function of the | ||||||
25 | firing
device, but only such possession and activities as | ||||||
26 | are within the lawful
scope of a licensed manufacturing |
| |||||||
| |||||||
1 | business described in this paragraph.
| ||||||
2 | During transportation, such weapons shall be broken | ||||||
3 | down in a
non-functioning state or not immediately | ||||||
4 | accessible.
| ||||||
5 | (6) The manufacture, transport, testing, delivery, | ||||||
6 | transfer or sale,
and all lawful commercial or experimental | ||||||
7 | activities necessary thereto, of
rifles, shotguns, and | ||||||
8 | weapons made from rifles or shotguns,
or ammunition for | ||||||
9 | such rifles, shotguns or weapons, where engaged in
by a | ||||||
10 | person operating as a contractor or subcontractor pursuant | ||||||
11 | to a
contract or subcontract for the development and supply | ||||||
12 | of such rifles,
shotguns, weapons or ammunition to the | ||||||
13 | United States government or any
branch of the Armed Forces | ||||||
14 | of the United States, when such activities are
necessary | ||||||
15 | and incident to fulfilling the terms of such contract.
| ||||||
16 | The exemption granted under this subdivision (c)(6)
| ||||||
17 | shall also apply to any authorized agent of any such | ||||||
18 | contractor or
subcontractor who is operating within the | ||||||
19 | scope of his employment, where
such activities involving | ||||||
20 | such weapon, weapons or ammunition are necessary
and | ||||||
21 | incident to fulfilling the terms of such contract.
| ||||||
22 | (7) A person possessing a rifle with a barrel or | ||||||
23 | barrels less than 16 inches in length if: (A) the person | ||||||
24 | has been issued a Curios and Relics license from the U.S. | ||||||
25 | Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) | ||||||
26 | the person is an active member of a bona fide, nationally |
| |||||||
| |||||||
1 | recognized military re-enacting group and the modification | ||||||
2 | is required and necessary to accurately portray the weapon | ||||||
3 | for historical re-enactment purposes; the re-enactor is in | ||||||
4 | possession of a valid and current re-enacting group | ||||||
5 | membership credential; and the overall length of the weapon | ||||||
6 | as modified is not less than 26 inches. | ||||||
7 | (d) Subsection 24-1(a)(1) does not apply to the purchase, | ||||||
8 | possession
or carrying of a black-jack or slung-shot by a peace | ||||||
9 | officer.
| ||||||
10 | (e) Subsection 24-1(a)(8) does not apply to any owner, | ||||||
11 | manager or
authorized employee of any place specified in that | ||||||
12 | subsection nor to any
law enforcement officer.
| ||||||
13 | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | ||||||
14 | Section 24-1.6
do not apply
to members of any club or | ||||||
15 | organization organized for the purpose of practicing
shooting | ||||||
16 | at targets upon established target ranges, whether public or | ||||||
17 | private,
while using their firearms on those target ranges.
| ||||||
18 | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | ||||||
19 | to:
| ||||||
20 | (1) Members of the Armed Services or Reserve Forces of | ||||||
21 | the United
States or the Illinois National Guard, while in | ||||||
22 | the performance of their
official duty.
| ||||||
23 | (2) Bonafide collectors of antique or surplus military | ||||||
24 | ordnance.
| ||||||
25 | (3) Laboratories having a department of forensic | ||||||
26 | ballistics, or
specializing in the development of |
| |||||||
| |||||||
1 | ammunition or explosive ordnance.
| ||||||
2 | (4) Commerce, preparation, assembly or possession of | ||||||
3 | explosive
bullets by manufacturers of ammunition licensed | ||||||
4 | by the federal government,
in connection with the supply of | ||||||
5 | those organizations and persons exempted
by subdivision | ||||||
6 | (g)(1) of this Section, or like organizations and persons
| ||||||
7 | outside this State, or the transportation of explosive | ||||||
8 | bullets to any
organization or person exempted in this | ||||||
9 | Section by a common carrier or by a
vehicle owned or leased | ||||||
10 | by an exempted manufacturer.
| ||||||
11 | (g-5) Subsection 24-1(a)(6) does not apply to or affect | ||||||
12 | persons licensed
under federal law to manufacture any device or | ||||||
13 | attachment of any kind designed,
used, or intended for use in | ||||||
14 | silencing the report of any firearm, firearms, or
ammunition
| ||||||
15 | for those firearms equipped with those devices, and actually | ||||||
16 | engaged in the
business of manufacturing those devices, | ||||||
17 | firearms, or ammunition, but only with
respect to
activities | ||||||
18 | that are within the lawful scope of that business, such as the
| ||||||
19 | manufacture, transportation, or testing of those devices, | ||||||
20 | firearms, or
ammunition. This
exemption does not authorize the | ||||||
21 | general private possession of any device or
attachment of any | ||||||
22 | kind designed, used, or intended for use in silencing the
| ||||||
23 | report of any firearm, but only such possession and activities | ||||||
24 | as are within
the
lawful scope of a licensed manufacturing | ||||||
25 | business described in this subsection
(g-5). During | ||||||
26 | transportation, these devices shall be detached from any weapon
|
| |||||||
| |||||||
1 | or
not immediately accessible.
| ||||||
2 | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| ||||||
3 | 24-1.6 do not apply to
or affect any parole agent or parole | ||||||
4 | supervisor who meets the qualifications and conditions | ||||||
5 | prescribed in Section 3-14-1.5 of the Unified Code of | ||||||
6 | Corrections. | ||||||
7 | (g-7) Subsection 24-1(a)(6) does not apply to a peace | ||||||
8 | officer while serving as a member of a tactical response team | ||||||
9 | or special operations team. A peace officer may not personally | ||||||
10 | own or apply for ownership of a device or attachment of any | ||||||
11 | kind designed, used, or intended for use in silencing the | ||||||
12 | report of any firearm. These devices shall be owned and | ||||||
13 | maintained by lawfully recognized units of government whose | ||||||
14 | duties include the investigation of criminal acts. | ||||||
15 | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and | ||||||
16 | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | ||||||
17 | athlete's possession, transport on official Olympic and | ||||||
18 | Paralympic transit systems established for athletes, or use of | ||||||
19 | competition firearms sanctioned by the International Olympic | ||||||
20 | Committee, the International Paralympic Committee, the | ||||||
21 | International Shooting Sport Federation, or USA Shooting in | ||||||
22 | connection with such athlete's training for and participation | ||||||
23 | in shooting competitions at the 2016 Olympic and Paralympic | ||||||
24 | Games and sanctioned test events leading up to the 2016 Olympic | ||||||
25 | and Paralympic Games. | ||||||
26 | (g-15) Subsections 24-1.10 (a) and 24-1.10 (b) do not apply |
| |||||||
| |||||||
1 | to or affect any of the following: | ||||||
2 | (1) Possession, for purposes of investigation or | ||||||
3 | disposition
of any non-serialized handgun ammunition, by a | ||||||
4 | forensic laboratory or
any authorized agent or employee of | ||||||
5 | that laboratory in the course and scope of
his or her | ||||||
6 | authorized activities. | ||||||
7 | (2) Possession, for purposes of investigation, | ||||||
8 | evidence, or
disposition, of any non-serialized handgun | ||||||
9 | ammunition by any State or unit of local government agency | ||||||
10 | charged with law enforcement
or by the Department of State | ||||||
11 | Police or by any authorized agent or
employee of the | ||||||
12 | agency, within the course and scope of his or her official
| ||||||
13 | duties. | ||||||
14 | (3) Possession, for purposes of disposal, or the | ||||||
15 | disposal, of
non-serialized handgun ammunition by an | ||||||
16 | executor or administrator of
an estate if all of the | ||||||
17 | following are met: | ||||||
18 | (A) the non-serialized handgun ammunition was | ||||||
19 | lawfully possessed, included
within the estate, and | ||||||
20 | the executor or administrator possesses or
disposes of | ||||||
21 | the non-serialized handgun ammunition in a manner
| ||||||
22 | consistent with this Article. | ||||||
23 | (B) the disposition is to a person or entity that | ||||||
24 | may possess the
non-serialized handgun ammunition in a | ||||||
25 | manner consistent with this
Article and possession is | ||||||
26 | otherwise lawful; and |
| |||||||
| |||||||
1 | (C) the disposition transfers the non-serialized | ||||||
2 | handgun ammunition
out of this State or to a law | ||||||
3 | enforcement agency for disposition. | ||||||
4 | (4) Possession of non-serialized handgun ammunition | ||||||
5 | for purposes of
transporting it to a law enforcement agency | ||||||
6 | for disposition, if
possession is otherwise lawful, and if | ||||||
7 | the law enforcement agency has
been notified prior to | ||||||
8 | delivery of the handgun ammunition. | ||||||
9 | (5) Possession of non-serialized handgun ammunition by | ||||||
10 | peace officers from other states during the
discharge of | ||||||
11 | their official duties in this State. | ||||||
12 | (6) Possession of non-serialized handgun ammunition by | ||||||
13 | members of the Armed Services or Reserve Forces of the | ||||||
14 | United States
or the Illinois National Guard or the Reserve | ||||||
15 | Officers Training Corps,
while in the performance of their | ||||||
16 | official duties. | ||||||
17 | (7) Possession or exhibition of non-serialized handgun | ||||||
18 | ammunition by a museum or collector, in a fixed or mobile | ||||||
19 | exhibit or for educational purposes. | ||||||
20 | (8) Transportation of non-serialized handgun | ||||||
21 | ammunition by those permitted to be in possession of that | ||||||
22 | ammunition and firearms for that ammunition from their | ||||||
23 | residence to public and private shooting events and ranges | ||||||
24 | for a period of 10 years after the effective date of this | ||||||
25 | amendatory act of the 101st General Assembly. | ||||||
26 | (9) Transfer of non-serialized handgun ammunition from |
| |||||||
| |||||||
1 | a retail mercantile establishment in this state to another | ||||||
2 | retail mercantile establishment outside of this State. | ||||||
3 | (10) Possession of non-serialized handgun ammunition | ||||||
4 | inventory by a retail mercantile establishment | ||||||
5 | manufactured before January 1, 2020 and possessed by the | ||||||
6 | retail mercantile establishment until that inventory is | ||||||
7 | sold or exhausted in compliance with this Article. | ||||||
8 | (11) Possession of non-serialized handgun ammunition | ||||||
9 | by a person issued a concealed carry license by the | ||||||
10 | Department of State Police under the Firearm Concealed | ||||||
11 | Carry Act or issued a Firearm Owner's Identification Card | ||||||
12 | by the Department under the Firearm Owners Identification | ||||||
13 | Card Act on his or her person, in a firearm, or in a | ||||||
14 | vehicle for 15 years after the effective date of this | ||||||
15 | amendatory Act of the 101st General Assembly. | ||||||
16 | (12) Possession of non-serialized handgun ammunition | ||||||
17 | by persons engaged in the development of new calibers, new | ||||||
18 | rifles, new handguns, and ammunition that is used in those | ||||||
19 | rifles and handguns or modifications to existing rifles or | ||||||
20 | handguns. Possession of non-serialized handgun ammunition | ||||||
21 | under this paragraph (12) must be in compliance with this | ||||||
22 | Article, the number of rounds must not exceed 15,000, must | ||||||
23 | be used solely for development purposes, and must be | ||||||
24 | transported with the firearms for which they are used. | ||||||
25 | (13) Possession of non-serialized handgun ammunition | ||||||
26 | by persons engaged in the non-commercial reloading of |
| |||||||
| |||||||
1 | ammunition. | ||||||
2 | (14) Possession and storage of non-serialized handgun | ||||||
3 | ammunition in the owner's dwelling, farm, or farm | ||||||
4 | outbuilding, or while at a public or private firearm range. | ||||||
5 | (15) Possession of non-serialized handgun ammunition | ||||||
6 | by persons involved in the protection of dignitaries from | ||||||
7 | domestic or foreign governments under the direction and | ||||||
8 | authorization of the Department of State Police, which may | ||||||
9 | charge a fee for use of that ammunition which shall not | ||||||
10 | exceed the cost of that ammunition to the Department. | ||||||
11 | (16) Ammunition used in black powder firearms | ||||||
12 | regardless of the date of manufacture of the firearms. | ||||||
13 | (17) Projectiles that are determined by the Department | ||||||
14 | of State Police to be less than lethal that may be fired | ||||||
15 | from devices that are in possession of persons lawfully | ||||||
16 | able to possess those devices. | ||||||
17 | (g-16) The Department of State Police shall annually review | ||||||
18 | the exemptions contained in subsection (g-15) of this Section | ||||||
19 | and make recommendations to the Governor and General Assembly | ||||||
20 | for changes in exemptions permitted by subsection (g-15). | ||||||
21 | (h) An information or indictment based upon a violation of | ||||||
22 | any
subsection of this Article need not negative any exemptions | ||||||
23 | contained in
this Article. The defendant shall have the burden | ||||||
24 | of proving such an
exemption.
| ||||||
25 | (i) Nothing in this Article shall prohibit, apply to, or | ||||||
26 | affect
the transportation, carrying, or possession, of any |
| |||||||
| |||||||
1 | pistol or revolver,
stun gun, taser, or other firearm consigned | ||||||
2 | to a common carrier operating
under license of the State of | ||||||
3 | Illinois or the federal government, where
such transportation, | ||||||
4 | carrying, or possession is incident to the lawful
| ||||||
5 | transportation in which such common carrier is engaged; and | ||||||
6 | nothing in this
Article shall prohibit, apply to, or affect the | ||||||
7 | transportation, carrying,
or possession of any pistol, | ||||||
8 | revolver, stun gun, taser, or other firearm,
not the subject of | ||||||
9 | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | ||||||
10 | this Article, which is unloaded and enclosed in a case, firearm
| ||||||
11 | carrying box, shipping box, or other container, by the | ||||||
12 | possessor of a valid
Firearm Owners Identification Card.
| ||||||
13 | (Source: P.A. 99-174, eff. 7-29-15; 100-201, eff. 8-18-17.)
| ||||||
14 | (720 ILCS 5/24-4) (from Ch. 38, par. 24-4)
| ||||||
15 | Sec. 24-4.
Register
of sales by dealer.
| ||||||
16 | (a) Any seller of firearms of a size which may be concealed | ||||||
17 | upon the
person, other than a manufacturer selling to a bona | ||||||
18 | fide wholesaler or
retailer or a wholesaler selling to a bona | ||||||
19 | fide retailer, shall keep a
register of all firearms sold or | ||||||
20 | given away.
| ||||||
21 | (b) Such register shall contain the date of the sale or | ||||||
22 | gift, the name,
address, age and occupation of the person to | ||||||
23 | whom the weapon is sold or
given, the price of the weapon, the | ||||||
24 | kind, description and number of the
weapon, and the purpose for | ||||||
25 | which it is purchased and obtained.
|
| |||||||
| |||||||
1 | (c) Such seller on demand of a peace officer shall produce | ||||||
2 | for
inspection the register and allow such peace officer to | ||||||
3 | inspect such
register and all stock on hand.
| ||||||
4 | (c-5) Beginning January 1, 2020, the Department of State | ||||||
5 | Police shall
maintain a centralized registry of all reports of | ||||||
6 | handgun ammunition
transactions reported to the Department | ||||||
7 | under Section 24-1.11, in
a manner prescribed by the | ||||||
8 | Department. Information in the registry, upon proper | ||||||
9 | application for that information, shall be furnished to the | ||||||
10 | officers
listed in Section 24-1.11, or to the person listed in | ||||||
11 | the registry as
the owner of the particular handgun ammunition. | ||||||
12 | (d) Sentence.
| ||||||
13 | Violation of this Section is a Class B misdemeanor.
| ||||||
14 | (Source: P.A. 77-2638.)
| ||||||
15 | (720 ILCS 5/24-5) (from Ch. 38, par. 24-5)
| ||||||
16 | Sec. 24-5. Defacing
identification marks of firearms. | ||||||
17 | (a) Any person who shall knowingly or intentionally change, | ||||||
18 | alter,
remove or obliterate the name of
the importer's or | ||||||
19 | manufacturer's serial number of
any firearm commits a Class 2 | ||||||
20 | felony.
| ||||||
21 | (b) A person who possesses any firearm upon which any such | ||||||
22 | importer's or manufacturer's serial number has been
changed, | ||||||
23 | altered, removed or obliterated commits a Class 3 felony.
| ||||||
24 | (b-5) Beginning January 1, 2020, any
person who knowingly | ||||||
25 | destroys, obliterates, or otherwise renders
unreadable, the |
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | serialization required under Section 24-1.10, on
any bullet or | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | assembled handgun ammunition is guilty of a Class A | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | misdemeanor. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | (c) Nothing in this Section shall prevent a person from | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | making repairs, replacement of parts, or other changes to a | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | firearm if those repairs, replacement of parts, or changes | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | cause the removal of the name of the maker, model, or other | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | marks of identification other than the serial number on the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | firearm's frame or receiver. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | (d) A prosecution for a violation of this Section may be | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | commenced within 6 years after the commission of the offense.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | (Source: P.A. 93-906, eff. 8-11-04.)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | Section 99. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | becoming law.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||