100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0258

 

Introduced , by Rep. Anthony DeLuca

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-11 new

    Amends the Criminal Code of 2012. Provides that it is a petty offense for which a fine of not less than $250 and not more than $750 for a first offense, $500 to $1,000 for a second offense, and $1,000 to $2,500 for a third or subsequent offense shall be imposed, for a person to purchase, possess, conceal, use, sell, give away, or otherwise transfer, or to engage in the business of selling or to exhibit for sale, a replica firearm in the State. Defines "replica firearm" as any mobile phone case made of plastic, wood, metal, or any other material, that a person could reasonably perceive as an actual firearm but that is incapable of being fired or discharged. Provides exceptions. Provides that each purchase, use, sale, gift, or transfer of any replica firearm in violation of this provision shall be deemed a separate and distinct offense, and each day a person unlawfully engages in the business of selling or exhibits for sale any replica firearm in violation of this provision is a separate and distinct offense. Effective June 1, 2017.


LRB100 04688 RLC 14694 b

 

 

A BILL FOR

 

HB0258LRB100 04688 RLC 14694 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by adding
5Section 24-11 as follows:
 
6    (720 ILCS 5/24-11 new)
7    Sec. 24-11. Phone case replica firearm.
8    (a) In this Section, "replica firearm" means any mobile
9phone case made of plastic, wood, metal, or any other material,
10that a person could reasonably perceive as an actual firearm
11but that is incapable of being fired or discharged.
12    (b) Except as provided in subsection (c) of this Section,
13it is unlawful for any person to purchase, possess, conceal,
14use, sell, give away, or otherwise transfer, or to engage in
15the business of selling or to exhibit for sale, a replica
16firearm in this State.
17    (c) The manufacture, marketing, distribution, sale, and
18possession of replica firearms are permitted if the devices are
19manufactured, marketed, distributed, sold, or held solely for
20subsequent transportation in interstate or foreign commerce.
21The devices shall not be displayed to the general public or
22sold for other use in this State.
23    (d) Sentence. A person who violates this Section is guilty

 

 

HB0258- 2 -LRB100 04688 RLC 14694 b

1of a petty offense for which a fine of not less than $250 and
2not more than $750 shall be imposed for a first offense, not
3less than $500 and not more than $1,000 shall be imposed for a
4second offense, and not less than $1,000 and not more than
5$2,500 shall be imposed for a third or subsequent offense. Each
6purchase, use, sale, gift, or transfer of any replica firearm
7in violation of this Section is a separate and distinct
8offense, and each day a person unlawfully engages in the
9business of selling or exhibits for sale any replica firearm in
10violation of this Section is a separate and distinct offense.
 
11    Section 99. Effective date. This Act takes effect June 1,
122017.