HB1518eng 93rd General Assembly


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 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

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 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
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 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.