Public Act 90-0172 of the 90th General Assembly
Public Act 90-0172
SB107 Enrolled LRB9001520RCks
AN ACT to amend the Criminal Code of 1961 by changing
Sections 24-2.1, 24-2.2, and 24-3.2.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by
changing Sections 24-2.1, 24-2.2, and 24-3.2 as follows:
(720 ILCS 5/24-2.1) (from Ch. 38, par. 24-2.1)
Sec. 24-2.1. Unlawful Use of Armor Metal Piercing
Bullets. (a) A person commits the offense of unlawful use of
armor metal piercing bullets when he or she knowingly
manufactures, sells, purchases, possesses, or carries any
armor metal piercing bullet.
For the purposes of this Section, "armor metal piercing
bullet" means any handgun bullet or handgun ammunition with
projectiles or projectile cores constructed entirely
(excluding the presence of traces of other substances) from
tungsten alloys, steel, iron, brass, bronze, beryllium copper
or depleted uranium, or fully jacketed bullets larger than 22
caliber designed and intended for use in a handgun and whose
jacket has a weight of more than 25% of the total weight of
the projectile, and excluding those handgun projectiles whose
cores are composed of soft materials such as lead or lead
alloys, zinc or zinc alloys, frangible projectiles designed
primarily for sporting purposes, and any other projectiles or
projectile cores that the U. S. Secretary of the Treasury
finds to be primarily intended to be used for sporting
purposes or industrial purposes or that otherwise does not
constitute "armor piercing ammunition" as that term is
defined by federal law polytetrafluoroethylene-coated
bullets; jacketed bullets with other than lead or lead alloy
cores; and ammunition of which the bullet itself is wholly
composed of a metal or metal alloy other than lead.
The definition contained herein shall not be construed to
include shotgun shells.
(b) Exemptions. This Section does not apply to or
affect any of the following:
(1) Peace officers.
(2) Wardens, superintendents and keepers of prisons,
penitentiaries, jails and other institutions for the
detention of persons accused or convicted of an offense.
(3) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard while in the
performance of their official duties.
(4) Federal officials required to carry firearms, while
engaged in the performance of their official duties.
(5) United States Marshals, while engaged in the
performance of their official duties.
(6) Persons licensed under federal law to manufacture,
import, or sell firearms and firearm ammunition, and actually
engaged in any such business, but only with respect to
activities which are within the lawful scope of such
business, such as the manufacture, transportation, or testing
of such bullets or ammunition.
This exemption does not authorize the general private
possession of any metal or armor piercing bullet, but only
such possession and activities which are within the lawful
scope of a licensed business described in this paragraph.
(7) Laboratories having a department of forensic
ballistics or specializing in the development of ammunition
or explosive ordnance.
(8) Manufacture, transportation or sale of metal or
armor piercing bullets to persons specifically authorized
under paragraphs (1) through (7) of this subsection to
possess such bullets.
(c) An information or indictment based upon a violation
of this Section need not negate any exemption herein
contained. The defendant shall have the burden of proving
such an exemption.
(d) Sentence. A person convicted of unlawful use of
armor metal piercing bullets shall be guilty of a Class 3
felony.
(Source: P.A. 82-934.)
(720 ILCS 5/24-2.2) (from Ch. 38, par. 24-2.2)
Sec. 24-2.2. Manufacture, sale or transfer of bullets
represented to be armor metal piercing bullets. (a) Except
as provided in subsection (b) of this Section, it is unlawful
for any person to knowingly manufacture, sell, offer to sell,
or transfer any bullet which is represented to be metal or
armor piercing as defined in Section 24-2.1 of this Code; to
be polytetrafluoroethylene coated; to be jacketed and have a
core other than lead or lead alloy; or to be wholly composed
of a metal or metal alloy other than lead.
(b) Exemptions. This Section does not apply to or
affect any person authorized under Section 24-2.1 to
manufacture, sell, purchase, possess, or carry any armor
metal piercing bullet with respect to activities which are
within the lawful scope of the exemption therein granted.
(c) An information or indictment based upon a violation
of this Section need not negate any exemption herein
contained. The defendant shall have the burden of proving
such an exemption and that the activities forming the basis
of any criminal charge brought pursuant to this Section were
within the lawful scope of such exemption.
(d) Sentence. Manufacture, sale, or transfer of bullets
represented to be armor metal piercing bullets is a Class 4
felony.
(Source: P.A. 82-934.)
(720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)
Sec. 24-3.2. Unlawful Discharge of Armor Metal Piercing
Bullets. (a) A person commits the offense of unlawful
discharge of armor metal piercing bullets when he or she
knowingly or recklessly uses an armor a metal piercing bullet
in violation of this Section. For purposes of this Section,
"armor metal piercing bullet" means any handgun bullet or
handgun ammunition with projectiles or projectile cores
constructed entirely (excluding the presence of traces of
other substances) from tungsten alloys, steel, iron, brass,
bronze, beryllium copper or depleted uranium, or fully
jacketed bullets larger than 22 caliber whose jacket has a
weight of more than 25% of the total weight of the
projectile, and excluding those handgun projectiles whose
cores are composed of soft materials such as lead or lead
alloys, zinc or zinc alloys, frangible projectiles designed
primarily for sporting purposes, and any other projectiles or
projectile cores that the U. S. Secretary of the Treasury
finds to be primarily intended to be used for sporting
purposes or industrial purposes or that otherwise does not
constitute "armor piercing ammunition" as that term is
defined by federal law polytetrafluoroethylene-coated
bullets; jacketed bullets with other than lead or lead alloy
cores; and ammunition of which the bullet itself is wholly
composed of a metal or metal alloy other than lead. The
definition contained herein shall not be construed to include
shotgun shells.
(b) A person commits a Class X felony when he or she,
knowing that a firearm, as defined in Section 1.1 of "the
Firearm Owners Identification Card Act An Act relating to the
acquisition, possession and transfer of firearms and firearm
ammunition, to provide a penalty for the violation thereof
and to make an appropriation in connection therewith",
approved August 3, 1967, as amended", is loaded with an armor
a metal piercing bullet, intentionally or recklessly
discharges such firearm and such bullet strikes any other
person.
(c) Any person who possesses, concealed on or about his
or her person, an armor a metal piercing bullet and a firearm
suitable for the discharge thereof is guilty of a Class 2
felony.
(d) This Section does not apply to or affect any of the
following:
(1) Peace officers;
(2) Wardens, superintendents and keepers of prisons,
penitentiaries, jails and other institutions for the
detention of persons accused or convicted of an offense;
(3) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard while in the
performance of their official duties;
(4) Federal officials required to carry firearms, while
engaged in the performance of their official duties;
(5) United States Marshals, while engaged in the
performance of their official duties.
(Source: P.A. 82-1026.)