State of Illinois
90th General Assembly
Legislation

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[ Engrossed ][ House Amendment 001 ]

90_HB1194

      720 ILCS 5/24-3.1         from Ch. 38, par. 24-3.1
          Amends the Criminal Code  of  1961.   Provides  that  the
      possession  of  a  projectile  that is capable of penetrating
      body armor constitutes unlawful  possession  of  firearms  or
      firearm ammunition.
                                                     LRB9003938RCks
                                               LRB9003938RCks
 1        AN  ACT  to  amend  the Criminal Code of 1961 by changing
 2    Section 24-3.1.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Criminal  Code  of  1961 is amended by
 6    changing Section 24-3.1 as follows:
 7        (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
 8        Sec. 24-3.1.  Unlawful possession of firearms and firearm
 9    ammunition.
10        (a)  A person commits the offense of unlawful  possession
11    of firearms or firearm ammunition when:
12             (1)  He  or  she is under 18 years of age and has in
13        his or her possession any firearm of a size which may  be
14        concealed upon the person; or
15             (2)  He  or  she  is under 21 years of age, has been
16        convicted of a misdemeanor other than a  traffic  offense
17        or  adjudged  delinquent  and has any firearms or firearm
18        ammunition in his or her possession; or
19             (3)  He or she is a  narcotic  addict  and  has  any
20        firearms  or firearm ammunition in his or her possession;
21        or
22             (4)  He or she  has  been  a  patient  in  a  mental
23        hospital  within the past 5 years and has any firearms or
24        firearm ammunition in his or her possession; or
25             (5)  He or she is  mentally  retarded  and  has  any
26        firearms  or firearm ammunition in his or her possession;
27        or
28             (6)  He or she has in  his  or  her  possession  any
29        explosive bullet; or .
30             (7)  He  or  she  has  in  his or her possession any
31        projectile that is capable of penetrating body armor.
                            -2-                LRB9003938RCks
 1        For purposes of this  paragraph  (6)  "explosive  bullet"
 2    means the projectile portion of an ammunition cartridge which
 3    contains  or  carries  an explosive charge which will explode
 4    upon contact  with  the  flesh  of  a  human  or  an  animal.
 5    "Cartridge"  means  a  tubular metal case having a projectile
 6    affixed at the front thereof and a cap or primer at the  rear
 7    end  thereof,  with  the  propellant  contained  in such tube
 8    between the projectile and the cap; or
 9        (b)  Sentence.
10        Unlawful possession of firearms, other than handguns, and
11    firearm  ammunition  is  a  Class  A  misdemeanor.   Unlawful
12    possession of handguns is a Class 4 felony.
13    (Source: P.A. 88-680, eff. 1-1-95.)

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