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Public Act 92-0423
HB2315 Enrolled LRB9204434ARsb
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 2. The Firearm Owners Identification Card Act is
amended by adding Section 3.2 as follows:
(430 ILCS 65/3.2 new)
Sec. 3.2. List of prohibited projectiles; notice to
dealers. Prior to January 1, 2002, the Department of State
Police shall list on the Department's World Wide Web site all
firearm projectiles that are prohibited under Sections
24-2.1, 24-2.2, and 24-3.2 of the Criminal Code of 1961,
together with a statement setting forth the sentence that may
be imposed for violating those Sections. The Department of
State Police shall, prior to January 1, 2002, send a list of
all firearm projectiles that are prohibited under Sections
24-2.1, 24-2.2, and 24-3.2 of the Criminal Code of 1961 to
each federally licensed firearm dealer in Illinois registered
with the Department.
Section 5. The Criminal Code of 1961 is amended by
changing Sections 24-2.1, 24-2.2, and 24-3.2 as follows:
(720 ILCS 5/24-2.1) (from Ch. 38, par. 24-2.1)
Sec. 24-2.1. Unlawful use of firearm projectiles Armor
Piercing Bullets.
(a) A person commits the offense of unlawful use of
firearm projectiles armor piercing bullets 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. 90-172, eff. 1-1-98.)
(720 ILCS 5/24-2.2) (from Ch. 38, par. 24-2.2)
Sec. 24-2.2. Manufacture, sale or transfer of bullets or
shells represented to be armor piercing bullets, dragon's
breath shotgun shells, bolo shells, or flechette shells.
(a) Except as provided in subsection (b) of this
Section, it is unlawful for any person to knowingly
manufacture, sell, offer to sell, or transfer any bullet or
shell which is represented to be an armor piercing bullet, a
dragon's breath shotgun shell, a bolo shell, or a flechette
shell armor piercing as defined in Section 24-2.1 of this
Code.
(b) Exemptions. This Section does not apply to or
affect any person authorized under Section 24-2.1 to
manufacture, sell, purchase, possess, or carry any armor
piercing bullet or any dragon's breath shotgun shell, bolo
shell, or flechette shell with respect to activities which
are within the lawful scope of the exemption therein granted.
(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 and that the activities forming the basis
of any criminal charge brought pursuant to this Section were
within the lawful scope of such exemption.
(d) Sentence. A violation of this Section Manufacture,
sale, or transfer of bullets represented to be armor piercing
bullets is a Class 4 felony.
(Source: P.A. 90-172, eff. 1-1-98.)
(720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)
Sec. 24-3.2. Unlawful discharge of firearm projectiles
Armor Piercing Bullets.
(a) A person commits the offense of unlawful discharge
of firearm projectiles armor piercing bullets when he or she
knowingly or recklessly uses an armor piercing bullet,
dragon's breath shotgun shell, bolo shell, or flechette shell
in violation of this Section.
For 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 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.
"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) A person commits a Class X felony when he or she,
knowing that a firearm, as defined in Section 1.1 of the
Firearm Owners Identification Card Act, is loaded with an
armor piercing bullet, dragon's breath shotgun shell, bolo
shell, or flechette shell, intentionally or recklessly
discharges such firearm and such bullet or shell strikes any
other person.
(c) Any person who possesses, concealed on or about his
or her person, an armor piercing bullet, dragon's breath
shotgun shell, bolo shell, or flechette shell and a firearm
suitable for the discharge thereof is guilty of a Class 2
felony.
(d) 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.
(Source: P.A. 90-172, eff. 1-1-98.)
Section 99. Effective date. This Act takes effect on
January 1, 2002.
Passed in the General Assembly May 22, 2001.
Approved August 17, 2001.
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