093_HB1518eng HB1518 Engrossed LRB093 09150 BDD 09382 b 1 AN ACT concerning 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 HB1518 Engrossed -2- LRB093 09150 BDD 09382 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); except that a unit of local government may 32 establish zoning and security requirements for the retail 33 sale of firearms by federally licensed firearms dealers. 34 This Section is a limitation under subsection (i) of Section HB1518 Engrossed -3- LRB093 09150 BDD 09382 b 1 6 of Article VII of the Illinois Constitution on the 2 concurrent exercise by home rule units of powers and 3 functions exercised by the State. 4 (Source: P.A. 91-696, eff. 4-13-00; 92-839, eff. 8-22-02.) 5 Section 99. Effective date. This Act takes effect upon 6 becoming law.