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90_HB1194ham001
LRB9003938RCsbam
1 AMENDMENT TO HOUSE BILL 1194
2 AMENDMENT NO. . Amend House Bill 1194 by replacing
3 the title with the following:
4 "AN ACT to amend the Criminal Code of 1961 by changing
5 Sections 24-2.1, 24-2.2, and 24-3.2."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Criminal Code of 1961 is amended by
9 changing Sections 24-2.1, 24-2.2, and 24-3.2 as follows:
10 (720 ILCS 5/24-2.1) (from Ch. 38, par. 24-2.1)
11 Sec. 24-2.1. Unlawful Use of Armor Metal Piercing
12 Bullets. (a) A person commits the offense of unlawful use of
13 armor metal piercing bullets when he or she knowingly
14 manufactures, sells, purchases, possesses, or carries any
15 armor metal piercing bullet.
16 For the purposes of this Section, "armor metal piercing
17 bullet" means any handgun bullet or handgun ammunition with
18 projectiles or projectile cores constructed entirely
19 (excluding the presence of traces of other substances) from
20 tungsten alloys, steel, iron, brass, bronze, beryllium copper
21 or depleted uranium, or fully jacketed bullets larger than 22
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1 caliber designed and intended for use in a handgun and whose
2 jacket has a weight of more than 25% of the total weight of
3 the projectile, and excluding those handgun projectiles whose
4 cores are composed of soft materials such as lead or lead
5 alloys, zinc or zinc alloys, frangible projectiles designed
6 primarily for sporting purposes, and any other projectiles or
7 projectile cores that the U. S. Secretary of the Treasury
8 finds to be primarily intended to be used for sporting
9 purposes or industrial purposes or that otherwise does not
10 constitute "armor piercing ammunition" as that term is
11 defined by federal law polytetrafluoroethylene-coated
12 bullets; jacketed bullets with other than lead or lead alloy
13 cores; and ammunition of which the bullet itself is wholly
14 composed of a metal or metal alloy other than lead.
15 The definition contained herein shall not be construed to
16 include shotgun shells.
17 (b) Exemptions. This Section does not apply to or
18 affect any of the following:
19 (1) Peace officers.
20 (2) Wardens, superintendents and keepers of prisons,
21 penitentiaries, jails and other institutions for the
22 detention of persons accused or convicted of an offense.
23 (3) Members of the Armed Services or Reserve Forces of
24 the United States or the Illinois National Guard while in the
25 performance of their official duties.
26 (4) Federal officials required to carry firearms, while
27 engaged in the performance of their official duties.
28 (5) United States Marshals, while engaged in the
29 performance of their official duties.
30 (6) Persons licensed under federal law to manufacture,
31 import, or sell firearms and firearm ammunition, and actually
32 engaged in any such business, but only with respect to
33 activities which are within the lawful scope of such
34 business, such as the manufacture, transportation, or testing
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1 of such bullets or ammunition.
2 This exemption does not authorize the general private
3 possession of any metal or armor piercing bullet, but only
4 such possession and activities which are within the lawful
5 scope of a licensed business described in this paragraph.
6 (7) Laboratories having a department of forensic
7 ballistics or specializing in the development of ammunition
8 or explosive ordnance.
9 (8) Manufacture, transportation or sale of metal or
10 armor piercing bullets to persons specifically authorized
11 under paragraphs (1) through (7) of this subsection to
12 possess such bullets.
13 (c) An information or indictment based upon a violation
14 of this Section need not negate any exemption herein
15 contained. The defendant shall have the burden of proving
16 such an exemption.
17 (d) Sentence. A person convicted of unlawful use of
18 armor metal piercing bullets shall be guilty of a Class 3
19 felony.
20 (Source: P.A. 82-934.)
21 (720 ILCS 5/24-2.2) (from Ch. 38, par. 24-2.2)
22 Sec. 24-2.2. Manufacture, sale or transfer of bullets
23 represented to be armor metal piercing bullets. (a) Except
24 as provided in subsection (b) of this Section, it is unlawful
25 for any person to knowingly manufacture, sell, offer to sell,
26 or transfer any bullet which is represented to be metal or
27 armor piercing as defined in Section 24-2.1 of this Code; to
28 be polytetrafluoroethylene coated; to be jacketed and have a
29 core other than lead or lead alloy; or to be wholly composed
30 of a metal or metal alloy other than lead.
31 (b) Exemptions. This Section does not apply to or
32 affect any person authorized under Section 24-2.1 to
33 manufacture, sell, purchase, possess, or carry any armor
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1 metal piercing bullet with respect to activities which are
2 within the lawful scope of the exemption therein granted.
3 (c) An information or indictment based upon a violation
4 of this Section need not negate any exemption herein
5 contained. The defendant shall have the burden of proving
6 such an exemption and that the activities forming the basis
7 of any criminal charge brought pursuant to this Section were
8 within the lawful scope of such exemption.
9 (d) Sentence. Manufacture, sale, or transfer of bullets
10 represented to be armor metal piercing bullets is a Class 4
11 felony.
12 (Source: P.A. 82-934.)
13 (720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)
14 Sec. 24-3.2. Unlawful Discharge of Armor Metal Piercing
15 Bullets. (a) A person commits the offense of unlawful
16 discharge of armor metal piercing bullets when he or she
17 knowingly or recklessly uses an armor a metal piercing bullet
18 in violation of this Section. For purposes of this Section,
19 "armor metal piercing bullet" means any handgun bullet or
20 handgun ammunition with projectiles or projectile cores
21 constructed entirely (excluding the presence of traces of
22 other substances) from tungsten alloys, steel, iron, brass,
23 bronze, beryllium copper or depleted uranium, or fully
24 jacketed bullets larger than 22 caliber whose jacket has a
25 weight of more than 25% of the total weight of the
26 projectile, and excluding those handgun projectiles whose
27 cores are composed of soft materials such as lead or lead
28 alloys, zinc or zinc alloys, frangible projectiles designed
29 primarily for sporting purposes, and any other projectiles or
30 projectile cores that the U. S. Secretary of the Treasury
31 finds to be primarily intended to be used for sporting
32 purposes or industrial purposes or that otherwise does not
33 constitute "armor piercing ammunition" as that term is
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1 defined by federal law polytetrafluoroethylene-coated
2 bullets; jacketed bullets with other than lead or lead alloy
3 cores; and ammunition of which the bullet itself is wholly
4 composed of a metal or metal alloy other than lead. The
5 definition contained herein shall not be construed to include
6 shotgun shells.
7 (b) A person commits a Class X felony when he or she,
8 knowing that a firearm, as defined in Section 1.1 of "the
9 Firearm Owners Identification Card Act An Act relating to the
10 acquisition, possession and transfer of firearms and firearm
11 ammunition, to provide a penalty for the violation thereof
12 and to make an appropriation in connection therewith",
13 approved August 3, 1967, as amended", is loaded with an armor
14 a metal piercing bullet, intentionally or recklessly
15 discharges such firearm and such bullet strikes any other
16 person.
17 (c) Any person who possesses, concealed on or about his
18 or her person, an armor a metal piercing bullet and a firearm
19 suitable for the discharge thereof is guilty of a Class 2
20 felony.
21 (d) This Section does not apply to or affect any of the
22 following:
23 (1) Peace officers;
24 (2) Wardens, superintendents and keepers of prisons,
25 penitentiaries, jails and other institutions for the
26 detention of persons accused or convicted of an offense;
27 (3) Members of the Armed Services or Reserve Forces of
28 the United States or the Illinois National Guard while in the
29 performance of their official duties;
30 (4) Federal officials required to carry firearms, while
31 engaged in the performance of their official duties;
32 (5) United States Marshals, while engaged in the
33 performance of their official duties.
34 (Source: P.A. 82-1026.)".