94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2790

 

Introduced 1/20/2006, by Sen. John O. Jones

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-3.1   from Ch. 38, par. 24-3.1

    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.


LRB094 18503 RLC 53829 b

HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2790 LRB094 18503 RLC 53829 b

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 changing
5 Section 24-3.1 as follows:
 
6     (720 ILCS 5/24-3.1)  (from Ch. 38, par. 24-3.1)
7     Sec. 24-3.1. Unlawful possession of firearms and firearm
8 ammunition.
9     (a) A person commits the offense of unlawful possession of
10 firearms or firearm ammunition when:
11         (1) He is under 18 years of age and has in his
12     possession any firearm of a size which may be concealed
13     upon the person; or
14         (2) He is under 21 years of age, has been convicted of
15     a misdemeanor other than a traffic offense or adjudged
16     delinquent and has any firearms or firearm ammunition in
17     his possession; or
18         (3) He is a narcotic addict and has any firearms or
19     firearm ammunition in his possession; or
20         (4) He has been a patient in a mental hospital within
21     the past 5 years and has any firearms or firearm ammunition
22     in his possession; or
23         (5) He is mentally retarded and has any firearms or
24     firearm ammunition in his possession; or
25         (6) He has in his possession any explosive bullet.
26     For purposes of this paragraph "explosive bullet" means the
27 projectile portion of an ammunition cartridge which contains or
28 carries an explosive charge which will explode upon contact
29 with the flesh of a human or an animal. "Cartridge" means a
30 tubular metal case having a projectile affixed at the front
31 thereof and a cap or primer at the rear end thereof, with the
32 propellant contained in such tube between the projectile and

 

 

SB2790 - 2 - LRB094 18503 RLC 53829 b

1 the cap. ; or
2     (b) Sentence.
3     Unlawful possession of firearms, other than handguns, and
4 firearm ammunition is a Class A misdemeanor. Unlawful
5 possession of handguns is a Class 4 felony. The possession of
6 each firearm or firearm ammunition in violation of this Section
7 constitutes a single and separate violation.
8     (c) Nothing in paragraph (1) of subsection (a) of this
9 Section prohibits a person under 18 years of age from
10 participating in any lawful recreational activity with a
11 firearm such as, but not limited to, practice shooting at
12 targets upon established public or private target ranges or
13 hunting, trapping, or fishing in accordance with the Wildlife
14 Code or the Fish and Aquatic Life Code.
15     (d) The provisions of any ordinance or resolution adopted
16 before, on, or after the effective date of this amendatory Act
17 of the 94th General Assembly by any unit of local government
18 that imposes restrictions or limitations on the acquisition,
19 possession, transportation, storage, purchase, sale, or other
20 dealing in any firearm legal to hunt with under the Wildlife
21 Code and ammunition, components, accessories, and
22 accoutrements of those same firearms in a manner other than
23 those that are imposed by subsection (a) of this Section are
24 invalid, except as authorized by this Code, and all those
25 existing ordinances and resolutions are void.
26     (e) A unit of local government, including a home rule unit,
27 may not regulate the acquisition, possession, transportation,
28 storage, purchase, sale, or other dealing in firearms legal to
29 hunt with under the Wildlife Code, and may not regulate
30 ammunition, components, accessories, or accoutrements for
31 those same firearms in a manner other than the manner provided
32 in subsection (a). This Section is a limitation under
33 subsection (i) of Section 6 of Article VII of the Illinois
34 Constitution on the concurrent exercise by home rule units of
35 powers and functions exercised by the State.
36 (Source: P.A. 94-284, eff. 7-21-05; revised 8-23-05.)
 

 

 

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1     Section 99. Effective date. This Act takes effect upon
2 becoming law.