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92_HB2315eng HB2315 Engrossed 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 projectilesArmor8Piercing Bullets. 9 (a) A person commits the offense of unlawful use of 10 firearm projectilesarmor piercing bulletswhen he or she 11 knowingly manufactures, sells, purchases, possesses, or 12 carries any armor piercing bullet, dragon's breath shotgun 13 shell, bolo shell, or flechette shell. 14 For the purposes of this Section:,15 "Armor piercing bullet" means any handgun bullet or 16 handgun ammunition with projectiles or projectile cores 17 constructed entirely (excluding the presence of traces of 18 other substances) from tungsten alloys, steel, iron, brass, 19 bronze, beryllium copper or depleted uranium, or fully 20 jacketed bullets larger than 22 caliber designed and intended 21 for use in a handgun and whose jacket has a weight of more 22 than 25% of the total weight of the projectile, and excluding 23 those handgun projectiles whose cores are composed of soft 24 materials such as lead or lead alloys, zinc or zinc alloys, 25 frangible projectiles designed primarily for sporting 26 purposes, and any other projectiles or projectile cores that 27 the U. S. Secretary of the Treasury finds to be primarily 28 intended to be used for sporting purposes or industrial 29 purposes or that otherwise does not constitute "armor 30 piercing ammunition" as that term is defined by federal law. 31 The definition contained herein shall not be construed to HB2315 Engrossed -2- LRB9204434ARsb 1 include shotgun shells. 2 "Dragon's breath shotgun shell" means any shotgun shell 3 that contains exothermic pyrophoric mesh metal as the 4 projectile and is designed for the purpose of throwing or 5 spewing a flame or fireball to simulate a flame-thrower. 6 "Bolo shell" means any shell that can be fired in a 7 firearm and expels as projectiles 2 or more metal balls 8 connected by solid metal wire. 9 "Flechette shell" means any shell that can be fired in a 10 firearm and expels 2 or more pieces of fire-stabilized solid 11 metal wire or 2 or more sold dart-type projectiles. 12 (b) Exemptions. This Section does not apply to or 13 affect any of the following: 14 (1) Peace officers. 15 (2) Wardens, superintendents and keepers of 16 prisons, penitentiaries, jails and other institutions for 17 the detention of persons accused or convicted of an 18 offense. 19 (3) Members of the Armed Services or Reserve Forces 20 of the United States or the Illinois National Guard while 21 in the performance of their official duties. 22 (4) Federal officials required to carry firearms, 23 while engaged in the performance of their official 24 duties. 25 (5) United States Marshals, while engaged in the 26 performance of their official duties. 27 (6) Persons licensed under federal law to 28 manufacture, import, or sell firearms and firearm 29 ammunition, and actually engaged in any such business, 30 but only with respect to activities which are within the 31 lawful scope of such business, such as the manufacture, 32 transportation, or testing of such bullets or ammunition. 33 This exemption does not authorize the general 34 private possession of any armor piercing bullet, dragon's HB2315 Engrossed -3- LRB9204434ARsb 1 breath shotgun shell, bolo shell, or flechette shell, but 2 only such possession and activities which are within the 3 lawful scope of a licensed business described in this 4 paragraph. 5 (7) Laboratories having a department of forensic 6 ballistics or specializing in the development of 7 ammunition or explosive ordnance. 8 (8) Manufacture, transportation, or sale of armor 9 piercing bullets, dragon's breath shotgun shells, bolo 10 shells, or flechette shells to persons specifically 11 authorized under paragraphs (1) through (7) of this 12 subsection to possess such bullets or shells. 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 piercing bullets shall be guilty of a Class 3 felony. 19 (Source: P.A. 90-172, eff. 1-1-98.) 20 (720 ILCS 5/24-2.2) (from Ch. 38, par. 24-2.2) 21 Sec. 24-2.2. Manufacture, sale or transfer of bullets or 22 shells represented to be armor piercing bullets, dragon's 23 breath shotgun shells, bolo shells, or flechette shells. 24 (a) Except as provided in subsection (b) of this 25 Section, it is unlawful for any person to knowingly 26 manufacture, sell, offer to sell, or transfer any bullet or 27 shell which is represented to be an armor piercing bullet, a 28 dragon's breath shotgun shell, a bolo shell, or a flechette 29 shellarmor piercingas defined in Section 24-2.1 of this 30 Code. 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 HB2315 Engrossed -4- LRB9204434ARsb 1 piercing bullet or any dragon's breath shotgun shell, bolo 2 shell, or flechette shell with respect to activities which 3 are within the lawful scope of the exemption therein granted. 4 (c) An information or indictment based upon a violation 5 of this Section need not negate any exemption herein 6 contained. The defendant shall have the burden of proving 7 such an exemption and that the activities forming the basis 8 of any criminal charge brought pursuant to this Section were 9 within the lawful scope of such exemption. 10 (d) Sentence. A violation of this SectionManufacture,11sale, or transfer of bullets represented to be armor piercing12bulletsis a Class 4 felony. 13 (Source: P.A. 90-172, eff. 1-1-98.) 14 (720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2) 15 Sec. 24-3.2. Unlawful discharge of firearm projectiles 16Armor Piercing Bullets. 17 (a) A person commits the offense of unlawful discharge 18 of firearm projectilesarmor piercing bulletswhen he or she 19 knowingly or recklessly uses an armor piercing bullet, 20 dragon's breath shotgun shell, bolo shell, or flechette shell 21 in violation of this Section. 22 For purposes of this Section:,23 "Armor piercing bullet" means any handgun bullet or 24 handgun ammunition with projectiles or projectile cores 25 constructed entirely (excluding the presence of traces of 26 other substances) from tungsten alloys, steel, iron, brass, 27 bronze, beryllium copper or depleted uranium, or fully 28 jacketed bullets larger than 22 caliber whose jacket has a 29 weight of more than 25% of the total weight of the 30 projectile, and excluding those handgun projectiles whose 31 cores are composed of soft materials such as lead or lead 32 alloys, zinc or zinc alloys, frangible projectiles designed 33 primarily for sporting purposes, and any other projectiles or HB2315 Engrossed -5- LRB9204434ARsb 1 projectile cores that the U. S. Secretary of the Treasury 2 finds to be primarily intended to be used for sporting 3 purposes or industrial purposes or that otherwise does not 4 constitute "armor piercing ammunition" as that term is 5 defined by federal law. 6 "Dragon's breath shotgun shell" means any shotgun shell 7 that contains exothermic pyrophoric mesh metal as the 8 projectile and is designed for the purpose of throwing or 9 spewing a flame or fireball to simulate a flame-thrower. 10 "Bolo shell" means any shell that can be fired in a 11 firearm and expels as projectiles 2 or more metal balls 12 connected by solid metal wire. 13 "Flechette shell" means any shell that can be fired in a 14 firearm and expels 2 or more pieces of fin-stabilized solid 15 metal wire or 2 or more sold dart-type projectiles. 16 (b) A person commits a Class X felony when he or she, 17 knowing that a firearm, as defined in Section 1.1 of the 18 Firearm Owners Identification Card Act, is loaded with an 19 armor piercing bullet, dragon's breath shotgun shell, bolo 20 shell, or flechette shell, intentionally or recklessly 21 discharges such firearm and such bullet or shell strikes any 22 other person. 23 (c) Any person who possesses, concealed on or about his 24 or her person, an armor piercing bullet, dragon's breath 25 shotgun shell, bolo shell, or flechette shell and a firearm 26 suitable for the discharge thereof is guilty of a Class 2 27 felony. 28 (d) This Section does not apply to or affect any of the 29 following: 30 (1) Peace officers; 31 (2) Wardens, superintendents and keepers of 32 prisons, penitentiaries, jails and other institutions for 33 the detention of persons accused or convicted of an 34 offense; HB2315 Engrossed -6- LRB9204434ARsb 1 (3) Members of the Armed Services or Reserve Forces 2 of the United States or the Illinois National Guard while 3 in the performance of their official duties; 4 (4) Federal officials required to carry firearms, 5 while engaged in the performance of their official 6 duties; 7 (5) United States Marshals, while engaged in the 8 performance of their official duties. 9 (Source: P.A. 90-172, eff. 1-1-98.)