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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0458
Introduced 2/8/2007, by Sen. John O. Jones 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. Invalidates local ordinances and resolutions that regulate firearms legal for hunting under the Wildlife Code inconsistently with the provisions of the Criminal Code of 1961. 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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SB0458 |
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LRB095 09830 RLC 30041 b |
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| AN ACT concerning 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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SB0458 |
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LRB095 09830 RLC 30041 b |
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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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| 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. The possession of |
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| each firearm or firearm ammunition in violation of this Section |
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| constitutes a single and separate violation.
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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 95th General Assembly by any unit of local government |
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SB0458 |
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LRB095 09830 RLC 30041 b |
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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 any firearm legal to hunt with under the Wildlife |
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| Code and ammunition, components, accessories, and |
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| accoutrements of those same firearms in a manner other than |
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| those that are imposed by subsection (a) of this Section are |
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| invalid, except as authorized by this Code, and all those |
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| 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 firearms legal to |
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| hunt with under the Wildlife Code, and may not regulate |
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| ammunition, components, accessories, or accoutrements for |
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| those same firearms in a manner other than the manner provided |
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| in subsection (a). This Section is a limitation under |
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| subsection (i) of Section 6 of Article VII of the Illinois |
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| Constitution on the concurrent exercise by home rule units of |
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| powers and functions exercised by the State.
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| (Source: P.A. 94-284, eff. 7-21-05; revised 8-23-05.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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