State of Illinois
92^nd General Assembly
Legislation

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92_HB2315enr

 
HB2315 Enrolled                                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 2.  The Firearm Owners Identification Card Act is
 5    amended by adding Section 3.2 as follows:

 6        (430 ILCS 65/3.2 new)
 7        Sec. 3.2.  List  of  prohibited  projectiles;  notice  to
 8    dealers.   Prior  to January 1, 2002, the Department of State
 9    Police shall list on the Department's World Wide Web site all
10    firearm  projectiles  that  are  prohibited  under   Sections
11    24-2.1,  24-2.2,  and  24-3.2  of  the Criminal Code of 1961,
12    together with a statement setting forth the sentence that may
13    be imposed for violating those Sections.  The  Department  of
14    State  Police shall, prior to January 1, 2002, send a list of
15    all firearm projectiles that are  prohibited  under  Sections
16    24-2.1,  24-2.2,  and  24-3.2 of the Criminal Code of 1961 to
17    each federally licensed firearm dealer in Illinois registered
18    with the Department.

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

21        (720 ILCS 5/24-2.1) (from Ch. 38, par. 24-2.1)
22        Sec.  24-2.1.   Unlawful use of firearm projectiles Armor
23    Piercing Bullets.
24        (a)  A person commits the  offense  of  unlawful  use  of
25    firearm  projectiles  armor  piercing  bullets when he or she
26    knowingly  manufactures,  sells,  purchases,  possesses,   or
27    carries  any  armor  piercing bullet, dragon's breath shotgun
28    shell, bolo shell, or flechette shell.
29        For the purposes of this Section:,
 
HB2315 Enrolled            -2-                 LRB9204434ARsb
 1        "Armor piercing  bullet"  means  any  handgun  bullet  or
 2    handgun  ammunition  with  projectiles  or  projectile  cores
 3    constructed  entirely  (excluding  the  presence of traces of
 4    other substances) from tungsten alloys, steel,  iron,  brass,
 5    bronze,  beryllium  copper  or  depleted  uranium,  or  fully
 6    jacketed bullets larger than 22 caliber designed and intended
 7    for  use  in  a handgun and whose jacket has a weight of more
 8    than 25% of the total weight of the projectile, and excluding
 9    those handgun projectiles whose cores are  composed  of  soft
10    materials  such  as lead or lead alloys, zinc or zinc alloys,
11    frangible  projectiles  designed   primarily   for   sporting
12    purposes,  and any other projectiles or projectile cores that
13    the U. S. Secretary of the Treasury  finds  to  be  primarily
14    intended  to  be  used  for  sporting  purposes or industrial
15    purposes  or  that  otherwise  does  not  constitute   "armor
16    piercing ammunition" as that term is defined by federal law.
17        The definition contained herein shall not be construed to
18    include shotgun shells.
19        "Dragon's  breath  shotgun shell" means any shotgun shell
20    that  contains  exothermic  pyrophoric  mesh  metal  as   the
21    projectile  and  is  designed  for the purpose of throwing or
22    spewing a flame or fireball to simulate a flame-thrower.
23        "Bolo shell" means any shell  that  can  be  fired  in  a
24    firearm  and  expels  as  projectiles  2  or more metal balls
25    connected by solid metal wire.
26        "Flechette shell" means any shell that can be fired in  a
27    firearm  and  expels 2 or more pieces of fin-stabilized solid
28    metal wire or 2 or more solid dart-type projectiles.
29        (b)  Exemptions.  This  Section  does  not  apply  to  or
30    affect any of the following:
31             (1)  Peace officers.
32             (2)  Wardens,   superintendents   and   keepers   of
33        prisons, penitentiaries, jails and other institutions for
34        the  detention  of  persons  accused  or  convicted of an
 
HB2315 Enrolled            -3-                 LRB9204434ARsb
 1        offense.
 2             (3)  Members of the Armed Services or Reserve Forces
 3        of the United States or the Illinois National Guard while
 4        in the performance of their official duties.
 5             (4)  Federal officials required to  carry  firearms,
 6        while  engaged  in  the  performance  of  their  official
 7        duties.
 8             (5)  United  States  Marshals,  while engaged in the
 9        performance of their official duties.
10             (6)  Persons   licensed   under   federal   law   to
11        manufacture,  import,  or  sell  firearms   and   firearm
12        ammunition,  and  actually  engaged in any such business,
13        but only with respect to activities which are within  the
14        lawful  scope  of such business, such as the manufacture,
15        transportation, or testing of such bullets or ammunition.
16             This  exemption  does  not  authorize  the   general
17        private possession of any armor piercing bullet, dragon's
18        breath shotgun shell, bolo shell, or flechette shell, but
19        only  such possession and activities which are within the
20        lawful scope of a licensed  business  described  in  this
21        paragraph.
22             (7)  Laboratories  having  a  department of forensic
23        ballistics  or  specializing  in   the   development   of
24        ammunition or explosive ordnance.
25             (8)  Manufacture,  transportation,  or sale of armor
26        piercing bullets, dragon's breath  shotgun  shells,  bolo
27        shells,  or  flechette  shells  to  persons  specifically
28        authorized  under  paragraphs  (1)  through  (7)  of this
29        subsection to possess such bullets or shells.
30        (c)  An information or indictment based upon a  violation
31    of   this  Section  need  not  negate  any  exemption  herein
32    contained.  The defendant shall have the  burden  of  proving
33    such an exemption.
34        (d)  Sentence.   A  person  convicted  of unlawful use of
 
HB2315 Enrolled            -4-                 LRB9204434ARsb
 1    armor piercing bullets shall be guilty of a Class 3 felony.
 2    (Source: P.A. 90-172, eff. 1-1-98.)

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

30        (720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)
31        Sec.  24-3.2.   Unlawful discharge of firearm projectiles
32    Armor Piercing Bullets.
 
HB2315 Enrolled            -5-                 LRB9204434ARsb
 1        (a)  A person commits the offense of  unlawful  discharge
 2    of  firearm projectiles armor piercing bullets when he or she
 3    knowingly  or  recklessly  uses  an  armor  piercing  bullet,
 4    dragon's breath shotgun shell, bolo shell, or flechette shell
 5    in violation of this Section.
 6        For purposes of this Section:,
 7        "Armor piercing  bullet"  means  any  handgun  bullet  or
 8    handgun  ammunition  with  projectiles  or  projectile  cores
 9    constructed  entirely  (excluding  the  presence of traces of
10    other substances) from tungsten alloys, steel,  iron,  brass,
11    bronze,  beryllium  copper  or  depleted  uranium,  or  fully
12    jacketed  bullets  larger  than 22 caliber whose jacket has a
13    weight  of  more  than  25%  of  the  total  weight  of   the
14    projectile,  and  excluding  those  handgun projectiles whose
15    cores are composed of soft materials such  as  lead  or  lead
16    alloys,  zinc  or zinc alloys, frangible projectiles designed
17    primarily for sporting purposes, and any other projectiles or
18    projectile cores that the U. S.  Secretary  of  the  Treasury
19    finds  to  be  primarily  intended  to  be  used for sporting
20    purposes or industrial purposes or that  otherwise  does  not
21    constitute  "armor  piercing  ammunition"  as  that  term  is
22    defined by federal law.
23        "Dragon's  breath  shotgun shell" means any shotgun shell
24    that  contains  exothermic  pyrophoric  mesh  metal  as   the
25    projectile  and  is  designed  for the purpose of throwing or
26    spewing a flame or fireball to simulate a flame-thrower.
27        "Bolo shell" means any shell  that  can  be  fired  in  a
28    firearm  and  expels  as  projectiles  2  or more metal balls
29    connected by solid metal wire.
30        "Flechette shell" means any shell that can be fired in  a
31    firearm  and  expels 2 or more pieces of fin-stabilized solid
32    metal wire or 2 or more solid dart-type projectiles.
33        (b)  A person commits a Class X felony when  he  or  she,
34    knowing  that  a  firearm,  as  defined in Section 1.1 of the
 
HB2315 Enrolled            -6-                 LRB9204434ARsb
 1    Firearm Owners Identification Card Act,  is  loaded  with  an
 2    armor  piercing  bullet,  dragon's breath shotgun shell, bolo
 3    shell,  or  flechette  shell,  intentionally  or   recklessly
 4    discharges  such firearm and such bullet or shell strikes any
 5    other person.
 6        (c)  Any person who possesses, concealed on or about  his
 7    or  her  person,  an  armor  piercing bullet, dragon's breath
 8    shotgun shell, bolo shell, or flechette shell and  a  firearm
 9    suitable  for  the  discharge  thereof is guilty of a Class 2
10    felony.
11        (d)  This Section does not apply to or affect any of  the
12    following:
13             (1)  Peace officers;
14             (2)  Wardens,   superintendents   and   keepers   of
15        prisons, penitentiaries, jails and other institutions for
16        the  detention  of  persons  accused  or  convicted of an
17        offense;
18             (3)  Members of the Armed Services or Reserve Forces
19        of the United States or the Illinois National Guard while
20        in the performance of their official duties;
21             (4)  Federal officials required to  carry  firearms,
22        while  engaged  in  the  performance  of  their  official
23        duties;
24             (5)  United  States  Marshals,  while engaged in the
25        performance of their official duties.
26    (Source: P.A. 90-172, eff. 1-1-98.)

27        Section 99.  Effective date.  This Act  takes  effect  on
28    January 1, 2002.

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