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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB2568
Introduced 02/18/05, by Rep. Brandon W. Phelps SYNOPSIS AS INTRODUCED:
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720 ILCS 5/24-3.1 |
from Ch. 38, par. 24-3.1 |
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Amends the Criminal Code
of 1961. Provides that the provisions of any ordinance or
resolution of a unit of local government that impose restrictions or
limitations on the acquisition, possession, transportation, storage, purchase,
sale, or
other dealing in rifles and shotguns, and ammunition, components, accessories,
and accoutrements of rifles and shotguns other than those imposed by the
statute concerning the unlawful possession of firearms and firearm ammunition
are void. Exempts municipalities of over 2,000,000 inhabitants. Preempts home rule. Effective immediately.
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| HOME RULE NOTE ACT MAY APPLY | |
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A BILL FOR
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HB2568 |
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LRB094 09745 RLC 40001 b |
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| AN ACT in relation to criminal law.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing |
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| Section 24-3.1
as follows:
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| (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
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| Sec. 24-3.1. Unlawful possession of firearms and firearm |
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| ammunition.
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| (a) A person commits the offense of unlawful possession of |
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| firearms
or firearm ammunition when:
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| (1) He is under 18 years of age and has in his |
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| possession any firearm of
a size which may be concealed |
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| upon the person; or
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| (2) He is under 21 years of age, has been convicted of |
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| a misdemeanor
other than a traffic offense or adjudged |
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| delinquent and has any firearms or
firearm ammunition in |
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| his possession; or
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| (3) He is a narcotic addict and has any firearms or |
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| firearm ammunition
in his possession; or
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| (4) He has been a patient in a mental hospital within |
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| the past 5 years
and has any firearms or firearm ammunition |
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| in his possession; or
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| (5) He is mentally retarded and has any firearms or |
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| firearm ammunition
in his possession; or
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| (6) He has in his possession any explosive bullet.
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| For purposes of this paragraph "explosive bullet" means the |
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| projectile
portion of an ammunition cartridge which contains or |
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| carries an explosive
charge which will explode upon contact |
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| with the flesh of a human or an animal.
"Cartridge" means a |
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| tubular metal case having a projectile affixed at the
front |
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| thereof and a cap or primer at the rear end thereof, with the |
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| propellant
contained in such tube between the projectile and |
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HB2568 |
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LRB094 09745 RLC 40001 b |
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| the cap; or
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| (b) Sentence.
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| Unlawful possession of firearms, other than handguns, and |
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| firearm
ammunition is a Class A misdemeanor. Unlawful |
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| possession of handguns is a
Class 4 felony.
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| (c) Nothing in paragraph (1) of subsection (a) of this |
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| Section prohibits
a person under 18 years of age from |
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| participating in any lawful recreational
activity with a |
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| firearm such as, but not limited to, practice shooting at
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| targets upon established public or private target ranges or |
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| hunting, trapping,
or fishing in accordance with the Wildlife |
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| Code or the Fish and Aquatic Life
Code.
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| (d) The provisions of any ordinance or resolution adopted |
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| before, on, or
after the effective date of this amendatory Act |
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| of the 94th General Assembly by
any unit of local government |
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| that imposes restrictions or limitations on the
acquisition, |
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| possession, transportation, storage, purchase, sale, or other
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| dealing in rifles and shotguns and ammunition, components, |
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| accessories, and
accoutrements of rifles and shotguns in a |
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| manner other than those that are
imposed by subsection (a) of |
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| this Section are invalid, except as authorized by
this Code, |
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| and all those existing ordinances and resolutions are void.
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| (e) A unit of local government, including a home rule unit, |
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| may not regulate
the acquisition, possession, transportation, |
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| storage, purchase, sale, or
other dealing in rifles and |
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| shotguns, and may not regulate ammunition,
components, |
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| accessories, or accoutrements for rifles and shotguns in a |
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| manner
other than the manner provided in subsection (a). This |
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| Section is
limitation
under subsection (i) of Section 6 of |
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| Article VII of the Illinois
Constitution on the concurrent |
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| exercise by home rule units of powers and
functions exercised |
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| by the State. |
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| (f) The provisions of subsections (d) and (e) do not apply |
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| to municipalities of over 2,000,000 inhabitants.
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| (Source: P.A. 91-696, eff. 4-13-00; 92-839, eff. 8-22-02.)
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