State of Illinois
92nd General Assembly
Legislation

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92_HB2315

 
                                               LRB9204434ARsb

 1        AN ACT concerning criminal law.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Criminal  Code  of  1961  is  amended  by
 5    changing Sections 24-2.1, 24-2.2, and 24-3.2 as follows:

 6        (720 ILCS 5/24-2.1) (from Ch. 38, par. 24-2.1)
 7        Sec.  24-2.1.   Unlawful use of firearm projectiles Armor
 8    Piercing Bullets.
 9        (a)  A person commits the  offense  of  unlawful  use  of
10    firearm  projectiles  armor  piercing  bullets when he or she
11    knowingly  manufactures,  sells,  purchases,  possesses,   or
12    carries   any  armor  piercing  bullet,  50  caliber  bullet,
13    dragon's breath  shotgun  shell,  bolo  shell,  or  flechette
14    shell.
15        For the purposes of this Section:,
16        "Armor  piercing  bullet"  means  any  handgun  bullet or
17    handgun  ammunition  with  projectiles  or  projectile  cores
18    constructed entirely (excluding the  presence  of  traces  of
19    other  substances)  from tungsten alloys, steel, iron, brass,
20    bronze,  beryllium  copper  or  depleted  uranium,  or  fully
21    jacketed bullets larger than 22 caliber designed and intended
22    for use in a handgun and whose jacket has a  weight  of  more
23    than 25% of the total weight of the projectile, and excluding
24    those  handgun  projectiles  whose cores are composed of soft
25    materials such as lead or lead alloys, zinc or  zinc  alloys,
26    frangible   projectiles   designed   primarily  for  sporting
27    purposes, and any other projectiles or projectile cores  that
28    the  U.  S.  Secretary  of the Treasury finds to be primarily
29    intended to be  used  for  sporting  purposes  or  industrial
30    purposes   or  that  otherwise  does  not  constitute  "armor
31    piercing ammunition" as that term is defined by federal law.
 
                            -2-                LRB9204434ARsb
 1        The definition contained herein shall not be construed to
 2    include shotgun shells.
 3        "Dragon's breath shotgun shell" means any  shotgun  shell
 4    that   contains  exothermic  pyrophoric  mesh  metal  as  the
 5    projectile and is designed for the  purpose  of  throwing  or
 6    spewing a flame or fireball to simulate a flame-thrower.
 7        "Bolo  shell"  means  any  shell  that  can be fired in a
 8    firearm and expels as  projectiles  2  or  more  metal  balls
 9    connected by solid metal wire.
10        "Flechette  shell" means any shell that can be fired in a
11    firearm and expels 2 or more pieces of fire-stabilized  solid
12    metal wire or 2 or more sold dart-type projectiles.
13        (b)  Exemptions.   This  Section  does  not  apply  to or
14    affect any of the following:
15             (1)  Peace officers.
16             (2)  Wardens,   superintendents   and   keepers   of
17        prisons, penitentiaries, jails and other institutions for
18        the detention of  persons  accused  or  convicted  of  an
19        offense.
20             (3)  Members of the Armed Services or Reserve Forces
21        of the United States or the Illinois National Guard while
22        in the performance of their official duties.
23             (4)  Federal  officials  required to carry firearms,
24        while  engaged  in  the  performance  of  their  official
25        duties.
26             (5)  United States Marshals, while  engaged  in  the
27        performance of their official duties.
28             (6)  Persons   licensed   under   federal   law   to
29        manufacture,   import,   or  sell  firearms  and  firearm
30        ammunition, and actually engaged in  any  such  business,
31        but  only with respect to activities which are within the
32        lawful scope of such business, such as  the  manufacture,
33        transportation, or testing of such bullets or ammunition.
34             This   exemption  does  not  authorize  the  general
 
                            -3-                LRB9204434ARsb
 1        private possession  of  any  armor  piercing  bullet,  50
 2        caliber  bullet,  dragon's  breath  shotgun  shell,  bolo
 3        shell,  or  flechette shell, but only such possession and
 4        activities  which  are  within  the  lawful  scope  of  a
 5        licensed business described in this paragraph.
 6             (7)  Laboratories having a  department  of  forensic
 7        ballistics   or   specializing   in  the  development  of
 8        ammunition or explosive ordnance.
 9             (8)  Manufacture, transportation, or sale  of  armor
10        piercing  bullets,  50  caliber  bullets, dragon's breath
11        shotgun shells,  bolo  shells,  or  flechette  shells  to
12        persons  specifically  authorized  under  paragraphs  (1)
13        through (7) of this subsection to possess such bullets or
14        shells.
15        (c)  An  information or indictment based upon a violation
16    of  this  Section  need  not  negate  any  exemption   herein
17    contained.   The  defendant  shall have the burden of proving
18    such an exemption.
19        (d)  Sentence.  A person convicted  of  unlawful  use  of
20    armor piercing bullets shall be guilty of a Class 3 felony.
21    (Source: P.A. 90-172, eff. 1-1-98.)

22        (720 ILCS 5/24-2.2) (from Ch. 38, par. 24-2.2)
23        Sec. 24-2.2.  Manufacture, sale or transfer of bullets or
24    shells  represented  to be armor piercing bullets, 50 caliber
25    bullets, dragon's breath  shotgun  shells,  bolo  shells,  or
26    flechette shells.
27        (a)  Except   as  provided  in  subsection  (b)  of  this
28    Section,  it  is  unlawful  for  any  person   to   knowingly
29    manufacture,  sell,  offer to sell, or transfer any bullet or
30    shell which is represented to be armor piercing as defined in
31    Section 24-2.1 of this Code.
32        (b)  Exemptions.  This  Section  does  not  apply  to  or
33    affect   any   person  authorized  under  Section  24-2.1  to
 
                            -4-                LRB9204434ARsb
 1    manufacture, sell, purchase, possess, or carry any 50 caliber
 2    or armor piercing  bullet  or  any  dragon's  breath  shotgun
 3    shell,  bolo  shell,  or  flechette  shell  with  respect  to
 4    activities which are within the lawful scope of the exemption
 5    therein granted.
 6        (c)  An  information or indictment based upon a violation
 7    of  this  Section  need  not  negate  any  exemption   herein
 8    contained.   The  defendant  shall have the burden of proving
 9    such an exemption and that the activities forming  the  basis
10    of  any criminal charge brought pursuant to this Section were
11    within the lawful scope of such exemption.
12        (d)  Sentence.  A violation of this Section  Manufacture,
13    sale, or transfer of bullets represented to be armor piercing
14    bullets is a Class 4 felony.
15    (Source: P.A. 90-172, eff. 1-1-98.)

16        (720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)
17        Sec. 24-3.2.  Unlawful discharge of  firearm  projectiles
18    Armor Piercing Bullets.
19        (a)  A  person  commits the offense of unlawful discharge
20    of firearm projectiles armor piercing bullets when he or  she
21    knowingly  or  recklessly  uses  an armor piercing bullet, 50
22    caliber bullet, dragon's breath shotgun shell, bolo shell, or
23    flechette shell in violation of this Section.
24        For purposes of this Section:,
25        "Armor piercing  bullet"  means  any  handgun  bullet  or
26    handgun  ammunition  with  projectiles  or  projectile  cores
27    constructed  entirely  (excluding  the  presence of traces of
28    other substances) from tungsten alloys, steel,  iron,  brass,
29    bronze,  beryllium  copper  or  depleted  uranium,  or  fully
30    jacketed  bullets  larger  than 22 caliber whose jacket has a
31    weight  of  more  than  25%  of  the  total  weight  of   the
32    projectile,  and  excluding  those  handgun projectiles whose
33    cores are composed of soft materials such  as  lead  or  lead
 
                            -5-                LRB9204434ARsb
 1    alloys,  zinc  or zinc alloys, frangible projectiles designed
 2    primarily for sporting purposes, and any other projectiles or
 3    projectile cores that the U. S.  Secretary  of  the  Treasury
 4    finds  to  be  primarily  intended  to  be  used for sporting
 5    purposes or industrial purposes or that  otherwise  does  not
 6    constitute  "armor  piercing  ammunition"  as  that  term  is
 7    defined by federal law.
 8        "Dragon's  breath  shotgun shell" means any shotgun shell
 9    that  contains  exothermic  pyrophoric  mesh  metal  as   the
10    projectile  and  is  designed  for the purpose of throwing or
11    spewing a flame or fireball to simulate a flame-thrower.
12        "Bolo shell" means any shell  that  can  be  fired  in  a
13    firearm  and  expels  as  projectiles  2  or more metal balls
14    connected by solid metal wire.
15        "Flechette shell" means any shell that can be fired in  a
16    firearm  and expels 2 or more pieces of fire-stabilized solid
17    metal wire or 2 or more sold dart-type projectiles.
18        (b)  A person commits a Class X felony when  he  or  she,
19    knowing  that  a  firearm,  as  defined in Section 1.1 of the
20    Firearm Owners Identification Card Act,  is  loaded  with  an
21    armor  piercing  bullet,  50  caliber bullet, dragon's breath
22    shotgun shell, bolo shell, or flechette shell,  intentionally
23    or  recklessly  discharges  such  firearm  and such bullet or
24    shell strikes any other person.
25        (c)  Any person who possesses, concealed on or about  his
26    or  her  person, an armor piercing bullet, 50 caliber bullet,
27    dragon's breath shotgun shell, bolo shell, or flechette shell
28    and a firearm suitable for the discharge thereof is guilty of
29    a Class 2 felony.
30        (d)  This Section does not apply to or affect any of  the
31    following:
32             (1)  Peace officers;
33             (2)  Wardens,   superintendents   and   keepers   of
34        prisons, penitentiaries, jails and other institutions for
 
                            -6-                LRB9204434ARsb
 1        the  detention  of  persons  accused  or  convicted of an
 2        offense;
 3             (3)  Members of the Armed Services or Reserve Forces
 4        of the United States or the Illinois National Guard while
 5        in the performance of their official duties;
 6             (4)  Federal officials required to  carry  firearms,
 7        while  engaged  in  the  performance  of  their  official
 8        duties;
 9             (5)  United  States  Marshals,  while engaged in the
10        performance of their official duties.
11    (Source: P.A. 90-172, eff. 1-1-98.)

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