Full Text of HB0937 94th General Assembly
HB0937ham001 94TH GENERAL ASSEMBLY
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Agriculture & Conservation Committee
Adopted in House Comm. on Feb 23, 2005
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| AMENDMENT TO HOUSE BILL 937
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| AMENDMENT NO. ______. Amend House Bill 937 by replacing the | 3 |
| title with the following: | 4 |
| "AN ACT concerning criminal law."; and | 5 |
| by replacing everything after the enacting clause with the | 6 |
| following:
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| "Section 5. The Criminal Code of 1961 is amended by | 8 |
| changing Section 24-3.1 as follows:
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| (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
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| Sec. 24-3.1. Unlawful possession of firearms and firearm | 11 |
| ammunition.
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| (a) A person commits the offense of unlawful possession of | 13 |
| firearms
or firearm ammunition when:
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| (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
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| (2) He is under 21 years of age, has been convicted of | 18 |
| a misdemeanor
other than a traffic offense or adjudged | 19 |
| delinquent and has any firearms or
firearm ammunition in | 20 |
| his possession; or
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| (3) He is a narcotic addict and has any firearms or | 22 |
| firearm ammunition
in his possession; or
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| (4) He has been a patient in a mental hospital within |
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| the past 5 years
and has any firearms or firearm ammunition | 2 |
| in his possession; or
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| (5) He is mentally retarded and has any firearms or | 4 |
| firearm ammunition
in his possession; or
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| (6) He has in his possession any explosive bullet.
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| For purposes of this paragraph "explosive bullet" means the | 7 |
| projectile
portion of an ammunition cartridge which contains or | 8 |
| carries an explosive
charge which will explode upon contact | 9 |
| with the flesh of a human or an animal.
"Cartridge" means a | 10 |
| tubular metal case having a projectile affixed at the
front | 11 |
| thereof and a cap or primer at the rear end thereof, with the | 12 |
| propellant
contained in such tube between the projectile and | 13 |
| the cap; or
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| (b) Sentence.
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| Unlawful possession of firearms, other than handguns, and | 16 |
| firearm
ammunition is a Class A misdemeanor. Unlawful | 17 |
| possession of handguns is a
Class 4 felony.
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| (c) Nothing in paragraph (1) of subsection (a) of this | 19 |
| Section prohibits
a person under 18 years of age from | 20 |
| participating in any lawful recreational
activity with a | 21 |
| firearm such as, but not limited to, practice shooting at
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| targets upon established public or private target ranges or | 23 |
| hunting, trapping,
or fishing in accordance with the Wildlife | 24 |
| Code or the Fish and Aquatic Life
Code.
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| (d) The provisions of any ordinance or resolution adopted | 26 |
| before, on, or after the effective date of this amendatory Act | 27 |
| of the 94th General Assembly by any unit of local government | 28 |
| that imposes restrictions or limitations on the acquisition, | 29 |
| possession, transportation, storage, purchase, sale, or other | 30 |
| dealing in any firearm legal to hunt with under the Wildlife | 31 |
| Code and ammunition, components, accessories, and | 32 |
| accoutrements of those same firearms in a manner other than | 33 |
| those that are imposed by subsection (a) of this Section are | 34 |
| invalid, except as authorized by this Code, and all those |
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| existing ordinances and resolutions are void. | 2 |
| (e) A unit of local government, including a home rule unit, | 3 |
| may not regulate the acquisition, possession, transportation, | 4 |
| storage, purchase, sale, or other dealing in firearms legal to | 5 |
| hunt with under the Wildlife Code, and may not regulate | 6 |
| ammunition, components, accessories, or accoutrements for | 7 |
| those same firearms in a manner other than the manner provided | 8 |
| in subsection (a). This Section is a limitation under | 9 |
| subsection (i) of Section 6 of Article VII of the Illinois | 10 |
| Constitution on the concurrent exercise by home rule units of | 11 |
| powers and functions exercised by the State.
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| (Source: P.A. 91-696, eff. 4-13-00; 92-839, eff. 8-22-02.)
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| Section 99. Effective date. This Act takes effect upon | 14 |
| becoming law.".
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