Full Text of HB1503 95th General Assembly
HB1503 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1503
Introduced 2/22/2007, by Rep. Milton Patterson SYNOPSIS AS INTRODUCED: |
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720 ILCS 535/Act title |
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720 ILCS 535/0.01 |
from Ch. 38, par. 82 |
720 ILCS 535/1 |
from Ch. 38, par. 82-1 |
720 ILCS 535/1.1 new |
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720 ILCS 535/2 |
from Ch. 38, par. 82-2 |
720 ILCS 535/3 |
from Ch. 38, par. 82-3 |
720 ILCS 535/4 |
from Ch. 38, par. 82-4 |
720 ILCS 535/5 |
from Ch. 38, par. 82-5 |
720 ILCS 535/6 |
from Ch. 38, par. 82-6 |
720 ILCS 535/7 |
from Ch. 38, par. 82-7 |
720 ILCS 535/8 |
from Ch. 38, par. 82-8 |
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Amends the Air Rifle Act. Changes the short title to the Air Gun Act. Retains existing regulation and penalties for paintball guns. Provides that a person may not sell, exhibit for sale, give away, transfer, possess, or discharge an air gun (with an exception for carnivals) and makes violation a Class B misdemeanor.
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A BILL FOR
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HB1503 |
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LRB095 10149 RLC 30363 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 Air Rifle Act is amended by changing the | 5 |
| title of the Act and Sections 0.01, 1, 2, 3, 4, 5, 6, 7, and 8 | 6 |
| and by adding Section 1.1 as follows:
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| (720 ILCS 535/Act title)
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| An Act concerning air guns
providing protection for the
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| public safety by regulating the sale, offering or exposing for | 10 |
| sale at
retail and the use of air rifles, defining air rifles, | 11 |
| and imposing duties
on the State Police, sheriffs and police | 12 |
| officers and providing penalties .
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| (720 ILCS 535/0.01) (from Ch. 38, par. 82)
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| Sec. 0.01. Short title. This Act may be cited as the
Air | 15 |
| Gun
Rifle Act.
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| (Source: P.A. 86-1324.)
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| (720 ILCS 535/1) (from Ch. 38, par. 82-1)
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| Sec. 1. As used in this Act:
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| (1) "Air gun
rifle " means and includes any air gun, air | 20 |
| pistol, air rifle, spring gun, spring pistol, BB gun, pellet | 21 |
| gun, or any other implement that a person could reasonably |
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HB1503 |
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LRB095 10149 RLC 30363 b |
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| perceive as an actual firearm but that is not a firearm, and | 2 |
| that is capable of firing or discharging a projectile | 3 |
| constructed of hard plastic, steel, lead, or other hard | 4 |
| materials with a force that reasonably is expected to cause | 5 |
| bodily harm
spring gun,
spring pistol, B-B gun, paint ball gun, | 6 |
| pellet gun or any implement
that is not a firearm which impels | 7 |
| a breakable paint ball containing
washable marking colors or, a | 8 |
| pellet constructed of hard plastic, steel,
lead or other hard | 9 |
| materials with a force that reasonably is expected to
cause | 10 |
| bodily harm .
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| "Paintball gun" means a barrelled implement designed to | 12 |
| expel a breakable ball containing
washable marking colors.
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| (2) "Municipalities" include cities, villages, | 14 |
| incorporated towns and
townships.
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| (3) "Dealer" means any person, copartnership, association | 16 |
| or corporation
engaged in the business of selling at retail or | 17 |
| renting any of the articles
included in the definition of "air | 18 |
| gun" or "paintball gun"
rifle" .
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| (Source: P.A. 86-349.)
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| (720 ILCS 535/1.1 new)
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| Sec. 1.1. Air guns. | 22 |
| (a) A person may not sell, exhibit for sale, give away, | 23 |
| transfer, possess, or discharge an air gun. | 24 |
| (b) Subsection (a) does not apply to the acquisition, | 25 |
| possession, and discharge of air guns that are in the |
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HB1503 |
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LRB095 10149 RLC 30363 b |
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| possession and control of a carnival and are offered for use to | 2 |
| carnival customers on a temporary basis. As used in this | 3 |
| Section, "carnival" has the meaning ascribed to that term in | 4 |
| the Carnival Regulation Act.
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| (720 ILCS 535/2) (from Ch. 38, par. 82-2)
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| Sec. 2. It is unlawful for any dealer to sell, lend, rent, | 7 |
| give or
otherwise transfer a paintball gun
an air rifle to any | 8 |
| person under the age of 13 years
where the dealer knows or has | 9 |
| cause to believe the person to be under 13
years of age or | 10 |
| where such dealer has failed to make reasonable inquiry
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| relative to the age of such person and such person is under 13 | 12 |
| years of
age.
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| It is unlawful for any person to sell, give, lend or | 14 |
| otherwise transfer
any paintball gun
air rifle to any person | 15 |
| under 13 years of age except where the
relationship of parent | 16 |
| and child, guardian and ward or adult instructor and
pupil, | 17 |
| exists between such person and the person under 13 years of | 18 |
| age, or
where such person stands in loco parentis to the person | 19 |
| under 13 years of
age.
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| (Source: Laws 1965, p. 2977.)
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| (720 ILCS 535/3) (from Ch. 38, par. 82-3)
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| Sec. 3. It is unlawful for any person under 13 years of age | 23 |
| to carry any
paintball gun
air rifle on the public streets, | 24 |
| roads, highways or public lands within
this State, unless such |
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HB1503 |
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LRB095 10149 RLC 30363 b |
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| person under 13 years of age carries such paintball gun
rifle
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| unloaded.
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| It is unlawful for any person to discharge any paintball | 4 |
| gun
air rifle from or across
any street, sidewalk, road, | 5 |
| highway or public land or any public place
except on a safely | 6 |
| constructed target range.
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| (Source: Laws 1965, p. 2977.)
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| (720 ILCS 535/4) (from Ch. 38, par. 82-4)
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| Sec. 4. Notwithstanding any provision of this Act, it is | 10 |
| lawful for any
person under 13 years of age to have in his | 11 |
| possession any paintball gun
air rifle if it
is:
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| (1) Kept within his house of residence or other private | 13 |
| enclosure;
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| (2) Used by the person under 13 years of age and he is a | 15 |
| duly enrolled
member of any club, team or society organized for | 16 |
| educational purposes and
maintaining as part of its facilities | 17 |
| or having written permission to use
an indoor or outdoor rifle | 18 |
| range under the supervision , guidance and
instruction of a | 19 |
| responsible adult and then only if said paintball gun
air rifle | 20 |
| is
actually being used in connection with the activities of | 21 |
| said club team or
society under the supervision of a | 22 |
| responsible adult; or
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| (3) Used in or on any private grounds or residence under | 24 |
| circumstances
when such paintball gun
air rifle is fired, | 25 |
| discharged or operated in such a manner as
not to endanger |
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HB1503 |
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| persons or property and then only if it is used in such
manner | 2 |
| as to prevent the projectile from passing over any grounds or | 3 |
| space
outside the limits of such grounds or residence.
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| (Source: Laws 1965, p. 2977.)
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| (720 ILCS 535/5) (from Ch. 38, par. 82-5)
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| Sec. 5. The provisions of this Act do not prohibit sales of | 7 |
| air guns or paintball guns by
rifles:
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| (1) By wholesale dealers or jobbers or to ;
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| (2) To be shipped out of the State . The provisions of this | 10 |
| Act do not prohibit sales of paintball guns to ;
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| (3) To be used at a target range operated in accordance | 12 |
| with Section 4
of this Act or by members of the Armed Services | 13 |
| of the United States or
Veterans' organizations.
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| (Source: Laws 1965, p. 2977.)
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| (720 ILCS 535/6) (from Ch. 38, par. 82-6)
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| Sec. 6.
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| The State Police or any sheriff or police officer shall | 18 |
| seize, take,
remove or cause to be removed at the expense of | 19 |
| the owner, any air gun or paintball gun
rifle
sold or used in | 20 |
| any manner in violation of this Act.
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| (Source: P.A. 77-577.)
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| (720 ILCS 535/7) (from Ch. 38, par. 82-7)
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| Sec. 7. Sentence. |
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LRB095 10149 RLC 30363 b |
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| Any person violating Section 1.1 of this Act commits a | 2 |
| Class B misdemeanor.
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| Any dealer violating any provision of Section 2 of this Act | 4 |
| commits a
petty offense.
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| Any person violating any other provision of this Act | 6 |
| commits a petty
offense and shall pay a fine not to exceed $50.
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| (Source: P.A. 77-2815.)
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| (720 ILCS 535/8) (from Ch. 38, par. 82-8)
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| Sec. 8. The provisions of any ordinance enacted by any | 10 |
| municipality which
impose greater restrictions or limitations | 11 |
| in respect to such sale and
purchase, use or possession of air | 12 |
| guns or paintball guns
rifles as herein defined than are
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| imposed by this Act, are not invalidated nor affected by this | 14 |
| Act.
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| (Source: Laws 1965, p. 2977.)
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