HB0937ham001 94TH GENERAL ASSEMBLY

Agriculture & Conservation Committee

Adopted in House Comm. on Feb 23, 2005

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AMENDMENT TO HOUSE BILL 937

AMENDMENT NO. ______. Amend House Bill 937 by replacing the title with the following:

"AN ACT concerning criminal law."; and

by replacing everything after the enacting clause with the following:

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

(720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)

Sec. 24-3.1. Unlawful possession of firearms and firearm ammunition.

(a) A person commits the offense of unlawful possession of firearms or firearm ammunition when:

(1) He is under 18 years of age and has in his possession any firearm of a size which may be concealed upon the person; or

(2) He is under 21 years of age, has been convicted of a misdemeanor other than a traffic offense or adjudged delinquent and has any firearms or firearm ammunition in his possession; or

(3) He is a narcotic addict and has any firearms or firearm ammunition in his possession; or

(4) He has been a patient in a mental hospital within the past 5 years and has any firearms or firearm ammunition in his possession; or

(5) He is mentally retarded and has any firearms or firearm ammunition in his possession; or

(6) He has in his possession any explosive bullet.

For purposes of this paragraph "explosive bullet" means the projectile portion of an ammunition cartridge which contains or carries an explosive charge which will explode upon contact with the flesh of a human or an animal. "Cartridge" means a tubular metal case having a projectile affixed at the front thereof and a cap or primer at the rear end thereof, with the propellant contained in such tube between the projectile and the cap; or

(b) Sentence.

Unlawful possession of firearms, other than handguns, and firearm ammunition is a Class A misdemeanor. Unlawful possession of handguns is a Class 4 felony.

(c) Nothing in paragraph (1) of subsection (a) of this Section prohibits a person under 18 years of age from participating in any lawful recreational activity with a firearm such as, but not limited to, practice shooting at targets upon established public or private target ranges or hunting, trapping, or fishing in accordance with the Wildlife Code or the Fish and Aquatic Life Code.

(d) The provisions of any ordinance or resolution adopted before, on, or after the effective date of this amendatory Act of the 94th General Assembly by any unit of local government that imposes restrictions or limitations on the acquisition, possession, transportation, storage, purchase, sale, or other dealing in any firearm legal to hunt with under the Wildlife Code and ammunition, components, accessories, and accoutrements of those same firearms in a manner other than those that are imposed by subsection (a) of this Section are invalid, except as authorized by this Code, and all those existing ordinances and resolutions are void.

(e) A unit of local government, including a home rule unit, may not regulate the acquisition, possession, transportation, storage, purchase, sale, or other dealing in firearms legal to hunt with under the Wildlife Code, and may not regulate ammunition, components, accessories, or accoutrements for those same firearms in a manner other than the manner provided in subsection (a). This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

(Source: P.A. 91-696, eff. 4-13-00; 92-839, eff. 8-22-02.)

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