Illinois General Assembly - Illinois Compiled Statutes

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720 ILCS 5/24-2.1

    (720 ILCS 5/24-2.1) (from Ch. 38, par. 24-2.1)
    (Text of Section before amendment by P.A. 103-822)
    Sec. 24-2.1. Unlawful use of firearm projectiles.

(a) A person commits the offense of unlawful use of firearm projectiles
when he or she knowingly manufactures, sells, purchases, possesses, or carries
any armor piercing bullet, dragon's breath shotgun shell,
bolo shell, or flechette shell.

For the purposes of this Section:

"Armor piercing bullet" means
any handgun bullet or handgun ammunition with projectiles or projectile cores
constructed entirely (excluding the presence of traces of other substances)
from
tungsten alloys, steel, iron, brass, bronze, beryllium copper
or depleted uranium, or fully jacketed bullets larger than
22 caliber designed and intended for use in a handgun and whose jacket has a
weight of more than 25% of the total weight of the projectile, and excluding
those handgun
projectiles whose cores are composed of soft materials such as lead or lead
alloys, zinc or zinc alloys, frangible projectiles designed primarily for
sporting purposes, and any
other projectiles or projectile cores that the U. S. Secretary of the Treasury
finds to be primarily intended to be used for sporting purposes or industrial
purposes or that otherwise does not constitute "armor piercing ammunition" as
that term is defined by federal law.

The definition contained herein shall not be construed to include shotgun
shells.

"Dragon's breath shotgun shell" means any shotgun shell that contains
exothermic pyrophoric mesh metal as the projectile and is designed for the
purpose of throwing or spewing a flame or fireball to simulate a flame-thrower.

"Bolo shell" means any shell that can be fired in a firearm and expels as
projectiles 2 or more metal balls connected by solid metal wire.

"Flechette shell" means any shell that can be fired in a firearm and expels
2 or more pieces of fin-stabilized solid metal wire or 2 or more solid
dart-type projectiles.

(b) Exemptions.  This Section does not apply to or affect any of the
following:

(1) Peace officers.
(2) Wardens, superintendents and keepers of prisons,

penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense.

(3) Members of the Armed Services or Reserve Forces

of the United States or the Illinois National Guard while in the performance of their official duties.

(4) Federal officials required to carry firearms,

while engaged in the performance of their official duties.

(5) United States Marshals, while engaged in the

performance of their official duties.

(6) Persons licensed under federal law to

manufacture, import, or sell firearms and firearm ammunition, and actually engaged in any such business, but only with respect to activities which are within the lawful scope of such business, such as the manufacture, transportation, or testing of such bullets or ammunition.

This exemption does not authorize the general private

possession of any armor piercing bullet, dragon's breath shotgun shell, bolo shell, or flechette shell, but only such possession and activities which are within the lawful scope of a licensed business described in this paragraph.

(7) Laboratories having a department of forensic

ballistics or specializing in the development of ammunition or explosive ordnance.

(8) Manufacture, transportation, or sale of armor

piercing bullets, dragon's breath shotgun shells, bolo shells, or flechette shells to persons specifically authorized under paragraphs (1) through (7) of this subsection to possess such bullets or shells.

(c) An information or indictment based upon a violation of this Section
need not negate any exemption herein contained.  The defendant shall have
the burden of proving such an exemption.

(d) Sentence.  A person convicted of unlawful use of armor
piercing bullets
shall be guilty of a Class 3 felony.

(Source: P.A. 92-423, eff. 1-1-02.)

    (Text of Section after amendment by P.A. 103-822)
    Sec. 24-2.1. Unlawful possession of firearm projectiles.

(a) A person commits the offense of unlawful possession of firearm projectiles when he or she knowingly manufactures, sells, purchases, possesses, or carries any armor piercing bullet, dragon's breath shotgun shell, bolo shell, or flechette shell.