HB1095 93rd General Assembly

093_HB1095

 
                                     LRB093 03867 RLC 03902 b

 1        AN ACT in relation to 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  1961  is  amended  by
 5    changing Section 24-3.1 as follows:

 6        (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
 7        Sec. 24-3.1.  Unlawful possession of firearms and firearm
 8    ammunition.
 9        (a)  A  person commits the offense of unlawful possession
10    of firearms or firearm ammunition when:
11             (1)  He is under 18 years of  age  and  has  in  his
12        possession  any  firearm of a size which may be concealed
13        upon the person; or
14             (2)  He is under 21 years of age, has been convicted
15        of a misdemeanor other than a traffic offense or adjudged
16        delinquent and has any firearms or firearm ammunition  in
17        his possession; or
18             (3)  He is a narcotic addict and has any firearms or
19        firearm ammunition in his possession; or
20             (4)  He  has  been  a  patient  in a mental hospital
21        within the past 5 years and has any firearms  or  firearm
22        ammunition in his possession; or
23             (5)  He is mentally retarded and has any firearms or
24        firearm ammunition in his possession; or
25             (6)  He has in his possession any explosive bullet.
26        For  purposes  of this paragraph "explosive bullet" means
27    the projectile  portion  of  an  ammunition  cartridge  which
28    contains  or  carries  an explosive charge which will explode
29    upon contact  with  the  flesh  of  a  human  or  an  animal.
30    "Cartridge"  means  a  tubular metal case having a projectile
31    affixed at the front thereof and a cap or primer at the  rear
 
                            -2-      LRB093 03867 RLC 03902 b
 1    end  thereof,  with  the  propellant  contained  in such tube
 2    between the projectile and the cap; or
 3        (b)  Sentence.
 4        Unlawful possession of firearms, other than handguns, and
 5    firearm  ammunition  is  a  Class  A  misdemeanor.   Unlawful
 6    possession of handguns is a Class 4 felony.
 7        (c)  Nothing in paragraph (1) of subsection (a)  of  this
 8    Section  prohibits  a  person  under  18  years  of  age from
 9    participating in any  lawful  recreational  activity  with  a
10    firearm  such  as,  but  not limited to, practice shooting at
11    targets upon established public or private target  ranges  or
12    hunting, trapping, or fishing in accordance with the Wildlife
13    Code or the Fish and Aquatic Life Code.
14        (d)  The   provisions  of  any  ordinance  or  resolution
15    adopted before, on, or  after  the  effective  date  of  this
16    amendatory  Act  of  the 93rd General Assembly by any unit of
17    local government that imposes restrictions or limitations  on
18    the   acquisition,   possession,   transportation,   storage,
19    purchase,  sale,  or other dealing in rifles and shotguns and
20    ammunition, components,  accessories,  and  accoutrements  of
21    rifles  and  shotguns  in  a manner other than those that are
22    imposed by subsection (a) of this Section are invalid, except
23    as authorized by this Code, and all those existing ordinances
24    and resolutions are void.
25        (e)  A unit of local government, including  a  home  rule
26    unit,   may   not   regulate   the  acquisition,  possession,
27    transportation, storage, purchase, sale, or other dealing  in
28    rifles   and  shotguns,  and  may  not  regulate  ammunition,
29    components, accessories,  or  accoutrements  for  rifles  and
30    shotguns  in  a  manner  other  than  the  manner provided in
31    subsection (a).  This Section is limitation under  subsection
32    (i)  of Section 6 of Article VII of the Illinois Constitution
33    on the concurrent exercise by home rule units of  powers  and
34    functions exercised by the State.
 
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 1    (Source: P.A. 91-696, eff. 4-13-00; 92-839, eff. 8-22-02.)

 2        Section  99.  Effective date.  This Act takes effect upon
 3    becoming law.