LRB093 09150 BDD 12789 a

 1                    AMENDMENT TO HOUSE BILL 1518

 2        AMENDMENT NO.     .  Amend House Bill 1518  by  replacing
 3    the title with the following:

 4        "AN ACT concerning criminal law"; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

 7        "Section 5.  The Criminal Code  of  1961  is  amended  by
 8    changing Section 24-3.1 as follows:

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

15        Section  99.  Effective date.  This Act takes effect upon
16    becoming law.".