Full Text of SB2936 100th General Assembly
SB2936sam002 100TH GENERAL ASSEMBLY | Sen. Chuck Weaver Filed: 4/19/2018
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| 1 | | AMENDMENT TO SENATE BILL 2936
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2936 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Firearm Owners Identification Card Act is | 5 | | amended by changing Section 1.1 as follows:
| 6 | | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
| 7 | | Sec. 1.1. For purposes of this Act:
| 8 | | "Addicted to narcotics" means a person who has been: | 9 | | (1) convicted of an offense involving the use or | 10 | | possession of cannabis, a controlled substance, or | 11 | | methamphetamine within the past year; or | 12 | | (2) determined by the Department of State Police to be | 13 | | addicted to narcotics based upon federal law or federal | 14 | | guidelines. | 15 | | "Addicted to narcotics" does not include possession or use | 16 | | of a prescribed controlled substance under the direction and |
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| 1 | | authority of a physician or other person authorized to | 2 | | prescribe the controlled substance when the controlled | 3 | | substance is used in the prescribed manner. | 4 | | "Adjudicated as a person with a mental disability" means | 5 | | the person is the subject of a determination by a court, board, | 6 | | commission or other lawful authority that the person, as a | 7 | | result of marked subnormal intelligence, or mental illness, | 8 | | mental impairment, incompetency, condition, or disease: | 9 | | (1) presents a clear and present danger to himself, | 10 | | herself, or to others; | 11 | | (2) lacks the mental capacity to manage his or her own | 12 | | affairs or is adjudicated a person with a disability as | 13 | | defined in Section 11a-2 of the Probate Act of 1975; | 14 | | (3) is not guilty in a criminal case by reason of | 15 | | insanity, mental disease or defect; | 16 | | (3.5) is guilty but mentally ill, as provided in | 17 | | Section 5-2-6 of the Unified Code of Corrections; | 18 | | (4) is incompetent to stand trial in a criminal case; | 19 | | (5) is not guilty by reason of lack of mental | 20 | | responsibility under Articles 50a and 72b of the Uniform | 21 | | Code of Military Justice, 10 U.S.C. 850a, 876b;
| 22 | | (6) is a sexually violent person under subsection (f) | 23 | | of Section 5 of the Sexually Violent Persons Commitment | 24 | | Act; | 25 | | (7) is a sexually dangerous person under the Sexually | 26 | | Dangerous Persons Act; |
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| 1 | | (8) is unfit to stand trial under the Juvenile Court | 2 | | Act of 1987; | 3 | | (9) is not guilty by reason of insanity under the | 4 | | Juvenile Court Act of 1987; | 5 | | (10) is subject to involuntary admission as an | 6 | | inpatient as defined in Section 1-119 of the Mental Health | 7 | | and Developmental Disabilities Code; | 8 | | (11) is subject to involuntary admission as an | 9 | | outpatient as defined in Section 1-119.1 of the Mental | 10 | | Health and Developmental Disabilities Code; | 11 | | (12) is subject to judicial admission as set forth in | 12 | | Section 4-500 of the Mental Health and Developmental | 13 | | Disabilities Code; or | 14 | | (13) is subject to the provisions of the Interstate | 15 | | Agreements on Sexually Dangerous Persons Act. | 16 | | "Clear and present danger" means a person who: | 17 | | (1) communicates a serious threat of physical violence | 18 | | against a reasonably identifiable victim or poses a clear | 19 | | and imminent risk of serious physical injury to himself, | 20 | | herself, or another person as determined by a physician, | 21 | | clinical psychologist, or qualified examiner; or | 22 | | (2) demonstrates threatening physical or verbal | 23 | | behavior, such as violent, suicidal, or assaultive | 24 | | threats, actions, or other behavior, as determined by a | 25 | | physician, clinical psychologist, qualified examiner, | 26 | | school administrator, or law enforcement official. |
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| 1 | | "Clinical psychologist" has the meaning provided in | 2 | | Section 1-103 of the Mental Health and Developmental | 3 | | Disabilities Code. | 4 | | "Controlled substance" means a controlled substance or | 5 | | controlled substance analog as defined in the Illinois | 6 | | Controlled Substances Act. | 7 | | "Counterfeit" means to copy or imitate, without legal | 8 | | authority, with
intent
to deceive. | 9 | | "Federally licensed firearm dealer" means a person who is | 10 | | licensed as a federal firearms dealer under Section 923 of the | 11 | | federal Gun Control Act of 1968 (18 U.S.C. 923).
| 12 | | "Firearm" means any device, by
whatever name known, which | 13 | | is designed to expel a projectile or projectiles
by the action | 14 | | of an explosion, expansion of gas or escape of gas; excluding,
| 15 | | however:
| 16 | | (1) any pneumatic gun, spring gun, paint ball gun, or | 17 | | B-B gun which
expels a single globular projectile not | 18 | | exceeding .18 inch in
diameter or which has a maximum | 19 | | muzzle velocity of less than 700 feet
per second;
| 20 | | (1.1) any pneumatic gun, spring gun, paint ball gun, or | 21 | | B-B gun which expels breakable paint balls containing | 22 | | washable marking colors; | 23 | | (1.2) any air bow that launches a single projectile | 24 | | arrow through the use of compressed air; | 25 | | (2) any device used exclusively for signalling or | 26 | | safety and required or
recommended by the United States |
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| 1 | | Coast Guard or the Interstate Commerce
Commission;
| 2 | | (3) any device used exclusively for the firing of stud | 3 | | cartridges,
explosive rivets or similar industrial | 4 | | ammunition; and
| 5 | | (4) an antique firearm (other than a machine-gun) | 6 | | which, although
designed as a weapon, the Department of | 7 | | State Police finds by reason of
the date of its | 8 | | manufacture, value, design, and other characteristics is
| 9 | | primarily a collector's item and is not likely to be used | 10 | | as a weapon.
| 11 | | "Firearm ammunition" means any self-contained cartridge or | 12 | | shotgun
shell, by whatever name known, which is designed to be | 13 | | used or adaptable to
use in a firearm; excluding, however:
| 14 | | (1) any ammunition exclusively designed for use with a | 15 | | device used
exclusively for signalling or safety and | 16 | | required or recommended by the
United States Coast Guard or | 17 | | the Interstate Commerce Commission; and
| 18 | | (2) any ammunition designed exclusively for use with a | 19 | | stud or rivet
driver or other similar industrial | 20 | | ammunition. | 21 | | "Gun show" means an event or function: | 22 | | (1) at which the sale and transfer of firearms is the | 23 | | regular and normal course of business and where 50 or more | 24 | | firearms are displayed, offered, or exhibited for sale, | 25 | | transfer, or exchange; or | 26 | | (2) at which not less than 10 gun show vendors display, |
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| 1 | | offer, or exhibit for sale, sell, transfer, or exchange | 2 | | firearms.
| 3 | | "Gun show" includes the entire premises provided for an | 4 | | event or function, including parking areas for the event or | 5 | | function, that is sponsored to facilitate the purchase, sale, | 6 | | transfer, or exchange of firearms as described in this Section.
| 7 | | Nothing in this definition shall be construed to exclude a gun | 8 | | show held in conjunction with competitive shooting events at | 9 | | the World Shooting Complex sanctioned by a national governing | 10 | | body in which the sale or transfer of firearms is authorized | 11 | | under subparagraph (5) of paragraph (g) of subsection (A) of | 12 | | Section 24-3 of the Criminal Code of 2012. | 13 | | Unless otherwise expressly stated, "gun show" does not | 14 | | include training or safety classes, competitive shooting | 15 | | events, such as rifle, shotgun, or handgun matches, trap, | 16 | | skeet, or sporting clays shoots, dinners, banquets, raffles, or
| 17 | | any other event where the sale or transfer of firearms is not | 18 | | the primary course of business. | 19 | | "Gun show promoter" means a person who organizes or | 20 | | operates a gun show. | 21 | | "Gun show vendor" means a person who exhibits, sells, | 22 | | offers for sale, transfers, or exchanges any firearms at a gun | 23 | | show, regardless of whether the person arranges with a gun show | 24 | | promoter for a fixed location from which to exhibit, sell, | 25 | | offer for sale, transfer, or exchange any firearm. | 26 | | "Involuntarily admitted" has the meaning as prescribed in |
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| 1 | | Sections 1-119 and 1-119.1 of the Mental Health and | 2 | | Developmental Disabilities Code. | 3 | | "Mental health facility" means any licensed private | 4 | | hospital or hospital affiliate, institution, or facility, or | 5 | | part thereof, and any facility, or part thereof, operated by | 6 | | the State or a political subdivision thereof which provide | 7 | | treatment of persons with mental illness and includes all | 8 | | hospitals, institutions, clinics, evaluation facilities, | 9 | | mental health centers, colleges, universities, long-term care | 10 | | facilities, and nursing homes, or parts thereof, which provide | 11 | | treatment of persons with mental illness whether or not the | 12 | | primary purpose is to provide treatment of persons with mental | 13 | | illness. | 14 | | "National governing body" means a group of persons who | 15 | | adopt rules and formulate policy on behalf of a national | 16 | | firearm sporting organization. | 17 | | "Patient" means: | 18 | | (1) a person who voluntarily receives mental health | 19 | | treatment as an in-patient or resident of any public or | 20 | | private mental health facility, unless the treatment was | 21 | | solely for an alcohol abuse disorder and no other secondary | 22 | | substance abuse disorder or mental illness; or | 23 | | (2) a person who voluntarily receives mental health | 24 | | treatment as an out-patient or is provided services by a | 25 | | public or private mental health facility, and who poses a | 26 | | clear and present danger to himself, herself, or to others. |
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| 1 | | "Person with a developmental disability" means a person | 2 | | with a disability which is attributable to any other condition | 3 | | which results in impairment similar to that caused by an | 4 | | intellectual disability and which requires services similar to | 5 | | those required by persons with intellectual disabilities. The | 6 | | disability must originate before the age of 18
years, be | 7 | | expected to continue indefinitely, and constitute a | 8 | | substantial disability. This disability results, in the | 9 | | professional opinion of a physician, clinical psychologist, or | 10 | | qualified examiner, in significant functional limitations in 3 | 11 | | or more of the following areas of major life activity: | 12 | | (i) self-care; | 13 | | (ii) receptive and expressive language; | 14 | | (iii) learning; | 15 | | (iv) mobility; or | 16 | | (v) self-direction. | 17 | | "Person with an intellectual disability" means a person | 18 | | with a significantly subaverage general intellectual | 19 | | functioning which exists concurrently with impairment in | 20 | | adaptive behavior and which originates before the age of 18 | 21 | | years. | 22 | | "Physician" has the meaning as defined in Section 1-120 of | 23 | | the Mental Health and Developmental Disabilities Code. | 24 | | "Qualified examiner" has the meaning provided in Section | 25 | | 1-122 of the Mental Health and Developmental Disabilities Code. | 26 | | "Sanctioned competitive shooting event" means a shooting |
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| 1 | | contest officially recognized by a national or state shooting | 2 | | sport association, and includes any sight-in or practice | 3 | | conducted in conjunction with the event.
| 4 | | "School administrator" means the person required to report | 5 | | under the School Administrator Reporting of Mental Health Clear | 6 | | and Present Danger Determinations Law. | 7 | | "Stun gun or taser" has the meaning ascribed to it in | 8 | | Section 24-1 of the Criminal Code of 2012. | 9 | | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143, | 10 | | eff. 7-27-15; 99-642, eff. 7-28-16.) | 11 | | Section 10. The Wildlife Code is amended by changing | 12 | | Section 2.25, 2.26, 2.33, 3.1-9, and 3.40 and by adding Section | 13 | | 1.2a-1 as follows: | 14 | | (520 ILCS 5/1.2a-1 new) | 15 | | Sec. 1.2a-1. Air bow. "Air bow" means a device that | 16 | | launches a single projectile arrow through the use of | 17 | | compressed air at a minimum of 400 feet per second.
| 18 | | (520 ILCS 5/2.25) (from Ch. 61, par. 2.25)
| 19 | | Sec. 2.25. It shall be unlawful for any person to take deer | 20 | | except (i) with
a shotgun, handgun, or muzzleloading rifle or | 21 | | (ii) as provided by
administrative rule,
with a bow and arrow | 22 | | or air bow , during the open season of not more than 14 days | 23 | | which will
be set annually by the Director between the dates of
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| 1 | | November 1st and December 31st, both inclusive, or a special | 2 | | 3-day, youth-only season between the dates of September 1 and | 3 | | October 31.
For the purposes of this Section, legal handguns | 4 | | include any centerfire
handguns of .30
caliber or larger with a | 5 | | minimum barrel length of 4 inches. The only legal
ammunition
| 6 | | for a centerfire handgun is a cartridge of .30 caliber or | 7 | | larger with a
capability of at least
500 foot pounds of energy | 8 | | at the muzzle. Full metal jacket bullets may not be
used to
| 9 | | harvest deer.
| 10 | | The Department shall make administrative rules concerning | 11 | | management
restrictions applicable to the firearm and bow and | 12 | | arrow season.
| 13 | | It shall be unlawful for any person to take deer except | 14 | | with a bow and
arrow or air bow during the open season for bow | 15 | | and arrow set annually by the Director
between the dates of | 16 | | September 1st and January 31st, both inclusive.
| 17 | | It shall be unlawful for any person to take deer except | 18 | | with (i) a
muzzleloading rifle or (ii) bow and arrow or air bow | 19 | | during the open season for
muzzleloading rifles set annually by | 20 | | the Director.
| 21 | | The Director shall cause an administrative rule setting | 22 | | forth the
prescribed rules and regulations, including bag and | 23 | | possession limits and
those counties of the State where open | 24 | | seasons are established, to be
published in accordance with | 25 | | Sections 1.3 and 1.13 of this Act.
| 26 | | The Department may establish separate harvest periods for |
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| 1 | | the purpose of
managing or eradicating disease that has been | 2 | | found in the deer herd. This
season shall be restricted to gun | 3 | | or bow and arrow hunting only. The Department
shall publicly | 4 | | announce, via statewide news release, the season dates and
| 5 | | shooting hours, the counties and sites open to hunting, permit | 6 | | requirements,
application dates, hunting rules, legal weapons, | 7 | | and reporting requirements.
| 8 | | The Department is authorized to establish a separate | 9 | | harvest period at
specific sites within the State for the | 10 | | purpose of harvesting
surplus deer that cannot be taken during | 11 | | the regular season provided for
the taking of deer. This season | 12 | | shall be restricted to gun or bow and
arrow hunting only and | 13 | | shall be established during the period of September 1st
to | 14 | | February 15th, both inclusive. The Department shall publish | 15 | | suitable
prescribed rules and regulations established by | 16 | | administrative rule pertaining
to management restrictions | 17 | | applicable to this special harvest program. The Department | 18 | | shall allow unused gun deer permits that are left over from a | 19 | | regular season for the taking of deer to be rolled over and | 20 | | used during any separate harvest period held within 6 months of | 21 | | the season for which those tags were issued at no additional | 22 | | cost to the permit holder subject to the management | 23 | | restrictions applicable to the special harvest program.
| 24 | | (Source: P.A. 97-907, eff. 8-7-12; 98-368, eff. 8-16-13.)
| 25 | | (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
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| 1 | | Sec. 2.26. Deer hunting permits. Any person attempting to | 2 | | take deer shall first obtain a "Deer
Hunting Permit" issued by | 3 | | the Department in accordance with its administrative rules.
| 4 | | Those rules must provide for the issuance of the following | 5 | | types of resident deer archery permits: (i) a combination | 6 | | permit, consisting of one either-sex permit and one | 7 | | antlerless-only permit, (ii) a single antlerless-only permit, | 8 | | and (iii) a single either-sex permit. The fee for a Deer | 9 | | Hunting Permit to take deer with either bow and arrow , air bow, | 10 | | or gun
shall not exceed $25.00 for residents of the State. The | 11 | | Department may by
administrative rule provide for non-resident | 12 | | deer hunting permits for which the
fee will not exceed $300 in | 13 | | 2005, $350 in 2006, and $400 in 2007 and thereafter except as | 14 | | provided below for non-resident landowners
and non-resident | 15 | | archery hunters. The Department may by
administrative rule | 16 | | provide for a non-resident archery deer permit consisting
of | 17 | | not more than 2 harvest tags at a total cost not to exceed $325 | 18 | | in 2005, $375 in 2006, and $425 in 2007 and thereafter.
| 19 | | The standards and specifications for use of guns , air bows, | 20 | | and bow and arrow for
deer hunting shall be established by | 21 | | administrative rule.
| 22 | | No person may have in his possession any firearm not | 23 | | authorized by
administrative rule for a specific hunting season | 24 | | when taking deer.
| 25 | | Persons having a firearm deer hunting permit shall be | 26 | | permitted to
take deer only during the period from 1/2 hour |
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| 1 | | before sunrise to
1/2 hour after sunset, and only during those | 2 | | days for which an open season is
established for the taking of | 3 | | deer by use of shotgun, handgun, or muzzle
loading
rifle. | 4 | | Persons having an air bow deer hunting permit shall be | 5 | | permitted to
take deer only during the period from 1/2 hour | 6 | | before sunrise to 1/2 hour
after sunset, and only during those | 7 | | days for which an open season is
established for the taking of | 8 | | deer by use of air bow.
| 9 | | Persons having an archery deer hunting permit shall be | 10 | | permitted to
take deer only during the period from 1/2 hour | 11 | | before sunrise to 1/2 hour
after sunset, and only during those | 12 | | days for which an open season is
established for the taking of | 13 | | deer by use of bow and arrow.
| 14 | | It shall be unlawful for any person to take deer by use of | 15 | | dogs,
horses, automobiles, aircraft or other vehicles, or by | 16 | | the use
or aid of bait or baiting of any kind. For the purposes | 17 | | of this Section, "bait" means any material, whether liquid or | 18 | | solid, including food, salt, minerals, and other products, | 19 | | except pure water, that can be ingested, placed, or scattered | 20 | | in such a manner as to attract or lure white-tailed deer. | 21 | | "Baiting" means the placement or scattering of bait to attract | 22 | | deer. An area is considered as baited during the presence
of | 23 | | and for 10 consecutive days following the removal of bait. | 24 | | Nothing in this Section shall prohibit the use of a dog to | 25 | | track wounded deer. Any person using a dog for tracking wounded | 26 | | deer must maintain physical control of the dog at all times by |
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| 1 | | means of a maximum 50 foot lead attached to the dog's collar or | 2 | | harness. Tracking wounded deer is permissible at night, but at | 3 | | no time outside of legal deer hunting hours or seasons shall | 4 | | any person handling or accompanying a dog being used for | 5 | | tracking wounded deer be in possession of any firearm or | 6 | | archery device. Persons tracking wounded deer with a dog during | 7 | | the firearm deer seasons shall wear blaze orange as required. | 8 | | Dog handlers tracking wounded deer with a dog are exempt from | 9 | | hunting license and deer permit requirements so long as they | 10 | | are accompanied by the licensed deer hunter who wounded the | 11 | | deer.
| 12 | | It shall be unlawful to possess or transport any wild deer | 13 | | which has
been injured or killed in any manner upon a public | 14 | | highway or public
right-of-way of this State unless exempted by | 15 | | administrative rule.
| 16 | | Persons hunting deer must have their gun unloaded and no | 17 | | bow and arrow
device or air bow shall be carried with the arrow | 18 | | in the nocked or loaded position during
hours when deer hunting | 19 | | is unlawful.
| 20 | | It shall be unlawful for any person, having taken the legal | 21 | | limit of
deer by gun, to further participate with gun in any | 22 | | deer hunting party.
| 23 | | It shall be unlawful for any person, having taken the legal | 24 | | limit
of deer by bow and arrow, to further participate with bow | 25 | | and arrow in any
deer hunting party.
| 26 | | It shall be unlawful for any person, having taken the legal |
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| 1 | | limit of deer by air bow, to further participate with air bow | 2 | | in any deer hunting party. | 3 | | The Department may prohibit upland game hunting during the | 4 | | gun deer
season by administrative rule.
| 5 | | The Department shall not limit the number of non-resident, | 6 | | either-sex archery deer hunting permits to less than 20,000.
| 7 | | Any person who violates any of the provisions of this | 8 | | Section,
including administrative rules, shall be guilty of a | 9 | | Class B misdemeanor.
| 10 | | For the purposes of calculating acreage under this Section, | 11 | | the Department shall, after determining the total acreage of | 12 | | the applicable tract or tracts of land, round remaining | 13 | | fractional portions of an acre greater than or equal to half of | 14 | | an acre up to the next whole acre. | 15 | | For the purposes of taking white-tailed deer, nothing in | 16 | | this Section shall be construed to prevent the manipulation, | 17 | | including mowing or cutting, of standing crops as a normal | 18 | | agricultural or soil stabilization practice, food plots, or | 19 | | normal agricultural practices, including planting, harvesting, | 20 | | and maintenance such as cultivating or the use of products | 21 | | designed for scent only and not capable of ingestion, solid or | 22 | | liquid, placed or scattered, in such a manner as to attract or | 23 | | lure deer. Such manipulation for the purpose of taking | 24 | | white-tailed deer may be further modified by administrative | 25 | | rule. | 26 | | (Source: P.A. 98-180, eff. 8-5-13; 99-642, eff. 7-28-16; |
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| 1 | | 99-869, eff. 1-1-17 .)
| 2 | | (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
| 3 | | Sec. 2.33. Prohibitions.
| 4 | | (a) It is unlawful to carry or possess any gun in any
State | 5 | | refuge unless otherwise permitted by administrative rule.
| 6 | | (b) It is unlawful to use or possess any snare or | 7 | | snare-like device,
deadfall, net, or pit trap to take any | 8 | | species, except that snares not
powered by springs or other | 9 | | mechanical devices may be used to trap
fur-bearing mammals, in | 10 | | water sets only, if at least one-half of the snare
noose is | 11 | | located underwater at all times.
| 12 | | (c) It is unlawful for any person at any time to take a | 13 | | wild mammal
protected by this Act from its den by means of any | 14 | | mechanical device,
spade, or digging device or to use smoke or | 15 | | other gases to dislodge or
remove such mammal except as | 16 | | provided in Section 2.37.
| 17 | | (d) It is unlawful to use a ferret or any other small | 18 | | mammal which is
used in the same or similar manner for which | 19 | | ferrets are used for the
purpose of frightening or driving any | 20 | | mammals from their dens or hiding places.
| 21 | | (e) (Blank).
| 22 | | (f) It is unlawful to use spears, gigs, hooks or any like | 23 | | device to
take any species protected by this Act.
| 24 | | (g) It is unlawful to use poisons, chemicals or explosives | 25 | | for the
purpose of taking any species protected by this Act.
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| 1 | | (h) It is unlawful to hunt adjacent to or near any peat, | 2 | | grass,
brush or other inflammable substance when it is burning.
| 3 | | (i) It is unlawful to take, pursue or intentionally harass | 4 | | or disturb
in any manner any wild birds or mammals by use or | 5 | | aid of any vehicle or
conveyance, except as permitted by the | 6 | | Code of Federal Regulations for the
taking of waterfowl. It is | 7 | | also unlawful to use the lights of any vehicle
or conveyance or | 8 | | any light from or any light connected to the
vehicle or | 9 | | conveyance in any area where wildlife may be found except in
| 10 | | accordance with Section 2.37 of this Act; however, nothing in | 11 | | this
Section shall prohibit the normal use of headlamps for the | 12 | | purpose of driving
upon a roadway. Striped skunk, opossum, red | 13 | | fox, gray
fox, raccoon, bobcat, and coyote may be taken during | 14 | | the open season by use of a small
light which is worn on the | 15 | | body or hand-held by a person on foot and not in any
vehicle.
| 16 | | (j) It is unlawful to use any shotgun larger than 10 gauge | 17 | | while
taking or attempting to take any of the species protected | 18 | | by this Act.
| 19 | | (k) It is unlawful to use or possess in the field any | 20 | | shotgun shell loaded
with a shot size larger than lead BB or | 21 | | steel T (.20 diameter) when taking or
attempting to take any | 22 | | species of wild game mammals (excluding white-tailed
deer), | 23 | | wild game birds, migratory waterfowl or migratory game birds | 24 | | protected
by this Act, except white-tailed deer as provided for | 25 | | in Section 2.26 and other
species as provided for by subsection | 26 | | (l) or administrative rule.
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| 1 | | (l) It is unlawful to take any species of wild game, except
| 2 | | white-tailed deer and fur-bearing mammals, with a shotgun | 3 | | loaded with slugs unless otherwise
provided for by | 4 | | administrative rule.
| 5 | | (m) It is unlawful to use any shotgun capable of holding | 6 | | more than 3
shells in the magazine or chamber combined, except | 7 | | on game breeding and
hunting preserve areas licensed under | 8 | | Section 3.27 and except as permitted by
the Code of Federal | 9 | | Regulations for the taking of waterfowl. If the shotgun
is | 10 | | capable of holding more than 3 shells, it shall, while being | 11 | | used on an
area other than a game breeding and shooting | 12 | | preserve area licensed
pursuant to Section 3.27, be fitted with | 13 | | a one piece plug that is
irremovable without dismantling the | 14 | | shotgun or otherwise altered to
render it incapable of holding | 15 | | more than 3 shells in the magazine and
chamber, combined.
| 16 | | (n) It is unlawful for any person, except persons who | 17 | | possess a permit to
hunt from a vehicle as provided in this | 18 | | Section and persons otherwise permitted
by law, to have or | 19 | | carry any gun in or on any vehicle, conveyance or aircraft,
| 20 | | unless the such gun is unloaded and enclosed in a case, except | 21 | | that at field trials
authorized by Section 2.34 of this Act, | 22 | | unloaded guns or guns loaded with blank
cartridges only, may be | 23 | | carried on horseback while not contained in a case, any air bow | 24 | | in or on any vehicle unless the air bow is unloaded and | 25 | | enclosed in a case, or otherwise made inoperable, or
to have or | 26 | | carry any bow or arrow device in or on any vehicle unless the |
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| 1 | | such bow
or arrow device is unstrung or enclosed in a case, or | 2 | | otherwise made
inoperable.
| 3 | | (o) (Blank).
| 4 | | (p) It is unlawful to take game birds, migratory game birds | 5 | | or
migratory waterfowl with a rifle, pistol, revolver or | 6 | | airgun.
| 7 | | (q) It is unlawful to fire a rifle, pistol, revolver or | 8 | | airgun on,
over or into any waters of this State, including | 9 | | frozen waters.
| 10 | | (r) It is unlawful to discharge any gun , air bow, or bow | 11 | | and arrow device
along, upon, across, or from any public | 12 | | right-of-way or highway in this State.
| 13 | | (s) It is unlawful to use a silencer or other device to | 14 | | muffle or
mute the sound of the explosion or report resulting | 15 | | from the firing of
any gun.
| 16 | | (t) It is unlawful for any person to take or attempt to | 17 | | take any species of wildlife or parts thereof, intentionally or | 18 | | wantonly allow a dog to
hunt, within or upon the land of | 19 | | another, or upon waters flowing over or
standing on the land of | 20 | | another, or to knowingly shoot a gun , air bow, or bow and arrow | 21 | | device at any wildlife physically on or flying over the | 22 | | property of another without first obtaining permission from
the | 23 | | owner or the owner's designee. For the purposes of this | 24 | | Section, the owner's designee means anyone who the owner | 25 | | designates in a written authorization and the authorization | 26 | | must contain (i) the legal or common description of property |
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| 1 | | for such authority is given, (ii) the extent that the owner's | 2 | | designee is authorized to make decisions regarding who is | 3 | | allowed to take or attempt to take any species of wildlife or | 4 | | parts thereof, and (iii) the owner's notarized signature. | 5 | | Before enforcing this
Section the law enforcement officer must | 6 | | have received notice from the
owner or the owner's designee of | 7 | | a violation of this Section. Statements made to the
law | 8 | | enforcement officer regarding this notice shall not be rendered
| 9 | | inadmissible by the hearsay rule when offered for the purpose | 10 | | of showing the
required notice.
| 11 | | (u) It is unlawful for any person to discharge any firearm | 12 | | for the purpose
of taking any of the species protected by this | 13 | | Act, or hunt with gun or
dog, or intentionally or wantonly | 14 | | allow a dog to hunt, within 300 yards of an inhabited dwelling | 15 | | without
first obtaining permission from the owner or tenant, | 16 | | except that while
trapping, hunting with bow and arrow or air | 17 | | bow , hunting with dog and shotgun using shot
shells only, or | 18 | | hunting with shotgun using shot shells only, or providing | 19 | | outfitting services under a waterfowl outfitter permit, or
on | 20 | | licensed game breeding and hunting preserve areas, as defined | 21 | | in Section
3.27, on
federally owned and managed lands and on | 22 | | Department owned, managed, leased, or
controlled lands, a 100 | 23 | | yard restriction shall apply.
| 24 | | (v) It is unlawful for any person to remove fur-bearing | 25 | | mammals from, or
to move or disturb in any manner, the traps | 26 | | owned by another person without
written authorization of the |
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| 1 | | owner to do so.
| 2 | | (w) It is unlawful for any owner of a dog to knowingly or | 3 | | wantonly allow
his or her dog to pursue, harass or kill deer, | 4 | | except that nothing in this Section shall prohibit the tracking | 5 | | of wounded deer with a dog in accordance with the provisions of | 6 | | Section 2.26 of this Code.
| 7 | | (x) It is unlawful for any person to wantonly or carelessly | 8 | | injure
or destroy, in any manner whatsoever, any real or | 9 | | personal property on
the land of another while engaged in | 10 | | hunting or trapping thereon.
| 11 | | (y) It is unlawful to hunt wild game protected by this Act | 12 | | between one
half hour after sunset and one half hour before | 13 | | sunrise, except that
hunting hours between one half hour after | 14 | | sunset and one half hour
before sunrise may be established by | 15 | | administrative rule for fur-bearing
mammals.
| 16 | | (z) It is unlawful to take any game bird (excluding wild | 17 | | turkeys and
crippled pheasants not capable of normal flight and | 18 | | otherwise irretrievable)
protected by this Act when not flying. | 19 | | Nothing in this Section shall prohibit
a person from carrying | 20 | | an uncased, unloaded shotgun in a boat, while in pursuit
of a | 21 | | crippled migratory waterfowl that is incapable of normal | 22 | | flight, for the
purpose of attempting to reduce the migratory | 23 | | waterfowl to possession, provided
that the attempt is made | 24 | | immediately upon downing the migratory waterfowl and
is done | 25 | | within 400 yards of the blind from which the migratory | 26 | | waterfowl was
downed. This exception shall apply only to |
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| 1 | | migratory game birds that are not
capable of normal flight. | 2 | | Migratory waterfowl that are crippled may be taken
only with a | 3 | | shotgun as regulated by subsection (j) of this Section using
| 4 | | shotgun shells as regulated in subsection (k) of this Section.
| 5 | | (aa) It is unlawful to use or possess any device that may | 6 | | be used for
tree climbing or cutting, while hunting fur-bearing | 7 | | mammals, excluding coyotes.
| 8 | | (bb) It is unlawful for any person, except licensed game | 9 | | breeders,
pursuant to Section 2.29 to import, carry into, or | 10 | | possess alive in this
State any species of wildlife taken | 11 | | outside of this State, without
obtaining permission to do so | 12 | | from the Director.
| 13 | | (cc) It is unlawful for any person to have in his or her
| 14 | | possession any freshly killed species protected by this Act | 15 | | during the season
closed for taking.
| 16 | | (dd) It is unlawful to take any species protected by this | 17 | | Act and retain
it alive except as provided by administrative | 18 | | rule.
| 19 | | (ee) It is unlawful to possess any rifle while in the field | 20 | | during gun
deer season except as provided in Section 2.26 and | 21 | | administrative rules.
| 22 | | (ff) It is unlawful for any person to take any species | 23 | | protected by
this Act, except migratory waterfowl, during the | 24 | | gun deer hunting season in
those counties open to gun deer | 25 | | hunting, unless he or she wears, when in
the field, a cap and | 26 | | upper outer garment of a solid blaze orange color, with
such |
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| 1 | | articles of clothing displaying a minimum of 400 square inches | 2 | | of
blaze orange material.
| 3 | | (gg) It is unlawful during the upland game season for any | 4 | | person to take
upland game with a firearm unless he or she | 5 | | wears, while in the field, a
cap of solid blaze orange color. | 6 | | For purposes of this Act, upland game is
defined as Bobwhite | 7 | | Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
| 8 | | Cottontail and Swamp Rabbit.
| 9 | | (hh) It shall be unlawful to kill or cripple any species | 10 | | protected by
this Act for which there is a bag limit without | 11 | | making a reasonable
effort to retrieve such species and include | 12 | | such in the bag limit. It shall be unlawful for any person | 13 | | having control over harvested game mammals, game birds, or | 14 | | migratory game birds for which there is a bag limit to wantonly | 15 | | waste or destroy the usable meat of the game, except this shall | 16 | | not apply to wildlife taken under Sections 2.37 or 3.22 of this | 17 | | Code. For purposes of this subsection, "usable meat" means the | 18 | | breast meat of a game bird or migratory game bird and the hind | 19 | | ham and front shoulders of a game mammal. It shall be unlawful | 20 | | for any person to place, leave, dump, or abandon a wildlife | 21 | | carcass or parts of it along or upon a public right-of-way or | 22 | | highway or on public or private property, including a waterway | 23 | | or stream, without the permission of the owner or tenant. It | 24 | | shall not be unlawful to discard game meat that is determined | 25 | | to be unfit for human consumption.
| 26 | | (ii) This Section shall apply only to those species |
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| 1 | | protected by this
Act taken within the State. Any species or | 2 | | any parts thereof, legally taken
in and transported from other | 3 | | states or countries, may be possessed
within the State, except | 4 | | as provided in this Section and Sections 2.35, 2.36
and 3.21.
| 5 | | (jj) (Blank).
| 6 | | (kk) Nothing contained in this Section shall prohibit the | 7 | | Director
from issuing permits to paraplegics or to other | 8 | | persons with disabilities who meet the
requirements set forth | 9 | | in administrative rule to shoot or hunt from a vehicle
as | 10 | | provided by that rule, provided that such is otherwise in | 11 | | accord with this
Act.
| 12 | | (ll) Nothing contained in this Act shall prohibit the | 13 | | taking of aquatic
life protected by the Fish and Aquatic Life | 14 | | Code or birds and mammals
protected by this Act, except deer | 15 | | and fur-bearing mammals, from a boat not
camouflaged or | 16 | | disguised to alter its identity or to further provide a place
| 17 | | of concealment and not propelled by sail or mechanical power. | 18 | | However, only
shotguns not larger than 10 gauge nor smaller | 19 | | than .410 bore loaded with not
more than 3 shells of a shot | 20 | | size no larger than lead BB or steel T (.20
diameter) may be | 21 | | used to take species protected by this Act.
| 22 | | (mm) Nothing contained in this Act shall prohibit the use | 23 | | of a shotgun,
not larger than 10 gauge nor smaller than a 20 | 24 | | gauge, with a rifled barrel.
| 25 | | (nn) It shall be unlawful to possess any species of | 26 | | wildlife or wildlife parts taken unlawfully in Illinois, any |
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| 1 | | other state, or any other country, whether or not the wildlife | 2 | | or wildlife parts is indigenous to Illinois. For the purposes | 3 | | of this subsection, the statute of limitations for unlawful | 4 | | possession of wildlife or wildlife parts shall not cease until | 5 | | 2 years after the possession has permanently ended. | 6 | | (Source: P.A. 99-33, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642, | 7 | | eff. 7-28-16; 100-489, eff. 9-8-17.)
| 8 | | (520 ILCS 5/3.1-9) | 9 | | Sec. 3.1-9. Youth Hunting and Trapping Licenses. | 10 | | (a) Any resident youth age 18 and under may apply to the | 11 | | Department for a Youth Hunting License, which extends limited | 12 | | hunting privileges. The Youth Hunting License shall be a | 13 | | renewable license that shall expire on the March 31 following | 14 | | the date of issuance. | 15 | | For youth age 18 and under, the Youth Hunting License shall | 16 | | entitle the licensee to hunt while supervised by a parent, | 17 | | grandparent, or guardian who is 21 years of age or older and | 18 | | has a valid Illinois hunting license. Possession of a Youth | 19 | | Hunting License shall serve in lieu of a valid hunting license, | 20 | | but does not exempt the licensee from compliance with the | 21 | | requirements of this Code and any rules adopted under this | 22 | | Code. | 23 | | A youth licensed under this subsection (a) shall not hunt | 24 | | or carry a hunting device, including, but not limited to, a | 25 | | firearm, air bow, bow and arrow, or crossbow unless the youth |
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| 1 | | is accompanied by and under the close personal supervision of a | 2 | | parent, grandparent, or guardian who is 21 years of age or | 3 | | older and has a valid Illinois hunting license. | 4 | | At age 19 years or when the youth chooses to hunt by | 5 | | himself or herself, he or she is required to successfully | 6 | | complete a hunter safety course approved by the Department | 7 | | prior to being able to obtain a full hunting license and | 8 | | subsequently hunt by himself or herself. | 9 | | In order to be approved for the Youth Hunting License, the | 10 | | applicant must request a Youth Hunting License from the | 11 | | Department and submit a $7 fee, which shall be separate from | 12 | | and additional to any other stamp, permit, tag, or license fee | 13 | | that may be required for hunting under this Code. The | 14 | | Department shall adopt rules for the administration of the | 15 | | program, but shall not require any certificate of competency or | 16 | | other hunting education as a condition of the Youth Hunting | 17 | | License.
| 18 | | (b) Any resident youth age 18 and under may apply to the | 19 | | Department for a Youth Trapping License, which extends limited | 20 | | trapping privileges. The Youth Trapping License shall be a | 21 | | renewable license that shall expire on the March 31 following | 22 | | the date of issuance. | 23 | | For youth age 18 and under, the Youth Trapping License | 24 | | shall entitle the licensee to trap while supervised by a | 25 | | parent, grandparent, or guardian who is 21 years of age or | 26 | | older and has a valid Illinois trapping license. Possession of |
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| 1 | | a Youth Trapping License shall serve in lieu of a valid | 2 | | trapping license, but does not exempt the licensee from | 3 | | compliance with the requirements of this Code and any rules | 4 | | adopted under this Code. | 5 | | A youth licensed under this subsection (b) shall not trap | 6 | | or carry a hunting device, including, but not limited to, a | 7 | | firearm, air bow, bow and arrow, or crossbow unless the youth | 8 | | is accompanied by and under the close personal supervision of a | 9 | | parent, grandparent, or guardian who is 21 years of age or | 10 | | older and has a valid Illinois trapping license. | 11 | | At age 19 years or when the youth chooses to trap by | 12 | | himself or herself, he or she is required to successfully | 13 | | complete a trapper safety course approved by the Department | 14 | | prior to being able to obtain a full trapping license and | 15 | | subsequently trap by himself or herself. | 16 | | In order to be approved for the Youth Trapping License, the | 17 | | applicant must request a Youth Trapping License from the | 18 | | Department and submit a $7 fee, which shall be separate from | 19 | | and additional to any other stamp, permit, tag, or license fee | 20 | | that may be required for trapping under this Code. The | 21 | | Department shall adopt rules for the administration of the | 22 | | program, but shall not require any certificate of competency or | 23 | | other trapping education as a condition of the Youth Trapping | 24 | | License. | 25 | | (Source: P.A. 98-620, eff. 1-7-14; 99-78, eff. 7-20-15; 99-307, | 26 | | eff. 1-1-16; 99-868, eff. 1-1-17 .)
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| 1 | | (520 ILCS 5/3.40) (from Ch. 61, par. 3.40)
| 2 | | Sec. 3.40. Accidents; Reports - Transmittal of | 3 | | information. Accidents
involving serious personal injury | 4 | | resulting from any action of a person who
is directly involved | 5 | | in a hunting activity with a firearm , air bow, or bow and arrow
| 6 | | device or directly engaged in a trapping activity under the | 7 | | jurisdiction of
this Act shall be subject to the following:
| 8 | | (a) Any person involved in an accident, as stated above, so | 9 | | far as he
can do so without serious danger to himself and | 10 | | others, if any, shall
render to other persons affected by the | 11 | | accident such assistance as may be
practicable and as may be | 12 | | necessary in order to save them from or minimize
any danger | 13 | | caused by the accident, and also shall give his name and | 14 | | address
to any person injured and to the owner of any property | 15 | | upon which the accident occurred.
| 16 | | (b) In the case of an accident, each person involved, if | 17 | | the accident
results in death or injury to a person, shall file | 18 | | with the Department
a full description of the accident, | 19 | | including such information as the
Department may, by | 20 | | regulation, require. Reports of such accidents must be
filed | 21 | | with the Department on a Department Accident Report form within | 22 | | 5 days.
| 23 | | (c) All required accident reports and supplemental reports | 24 | | are without
prejudice to the individual so reporting, and are | 25 | | for the confidential use
of the Department, except that the |
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| 1 | | Department may disclose the identity of
a person involved in an | 2 | | accident when such identity is not otherwise known
or when such | 3 | | person denies his presence at such accident. No such report
may | 4 | | be used as evidence in any trial, civil or criminal, arising | 5 | | out of an
accident, except that the Department must furnish | 6 | | upon demand of any person
who claims to have made such a | 7 | | report, or upon demand of any court, a
certificate showing that | 8 | | a specified accident report has or has not been
made to the | 9 | | Department, solely to prove a compliance or a failure to comply
| 10 | | with the requirements that such a report be made to the | 11 | | Department.
| 12 | | (Source: P.A. 84-150.)".
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