HB1503 95TH GENERAL ASSEMBLY

LRB095 10149 RLC 30363 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1503

Introduced 2/22/2007, by Rep. Milton Patterson

SYNOPSIS AS INTRODUCED:

720 ILCS 535/Act title
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
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

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.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Air Rifle Act is amended by changing the title of the Act and Sections 0.01, 1, 2, 3, 4, 5, 6, 7, and 8 and by adding Section 1.1 as follows:

(720 ILCS 535/Act title)

An Act concerning air guns providing protection for the public safety by regulating the sale, offering or exposing for sale at retail and the use of air rifles, defining air rifles, and imposing duties on the State Police, sheriffs and police officers and providing penalties.

(720 ILCS 535/0.01) (from Ch. 38, par. 82)

Sec. 0.01. Short title. This Act may be cited as the Air Gun Rifle Act.

(Source: P.A. 86-1324.)

(720 ILCS 535/1) (from Ch. 38, par. 82-1)

Sec. 1. As used in this Act:

(1) "Air gun rifle" means and includes any air gun, air pistol, air rifle, spring gun, spring pistol, BB gun, pellet gun, or any other implement that a person could reasonably perceive as an actual firearm but that is not a firearm, and that is capable of firing or discharging a projectile constructed of hard plastic, steel, lead, or other hard materials with a force that reasonably is expected to cause bodily harm spring gun, spring pistol, B-B gun, paint ball gun, pellet gun or any implement that is not a firearm which impels a breakable paint ball containing washable marking colors or, a pellet constructed of hard plastic, steel, lead or other hard materials with a force that reasonably is expected to cause bodily harm.

"Paintball gun" means a barrelled implement designed to expel a breakable ball containing washable marking colors.

(2) "Municipalities" include cities, villages, incorporated towns and townships.

(3) "Dealer" means any person, copartnership, association or corporation engaged in the business of selling at retail or renting any of the articles included in the definition of "air gun" or "paintball gun" rifle".

(Source: P.A. 86-349.)

(720 ILCS 535/1.1 new)

Sec. 1.1. Air guns.

(a) A person may not sell, exhibit for sale, give away, transfer, possess, or discharge an air gun.

(b) Subsection (a) does not apply to the acquisition, possession, and discharge of air guns that are in the possession and control of a carnival and are offered for use to carnival customers on a temporary basis. As used in this Section, "carnival" has the meaning ascribed to that term in the Carnival Regulation Act.

(720 ILCS 535/2) (from Ch. 38, par. 82-2)

Sec. 2. It is unlawful for any dealer to sell, lend, rent, give or otherwise transfer a paintball gun an air rifle to any person under the age of 13 years where the dealer knows or has cause to believe the person to be under 13 years of age or where such dealer has failed to make reasonable inquiry relative to the age of such person and such person is under 13 years of age.

It is unlawful for any person to sell, give, lend or otherwise transfer any paintball gun air rifle to any person under 13 years of age except where the relationship of parent and child, guardian and ward or adult instructor and pupil, exists between such person and the person under 13 years of age, or where such person stands in loco parentis to the person under 13 years of age.

(Source: Laws 1965, p. 2977.)

(720 ILCS 535/3) (from Ch. 38, par. 82-3)

Sec. 3. It is unlawful for any person under 13 years of age to carry any paintball gun air rifle on the public streets, roads, highways or public lands within this State, unless such person under 13 years of age carries such paintball gun rifle unloaded.

It is unlawful for any person to discharge any paintball gun air rifle from or across any street, sidewalk, road, highway or public land or any public place except on a safely constructed target range.

(Source: Laws 1965, p. 2977.)

(720 ILCS 535/4) (from Ch. 38, par. 82-4)

Sec. 4. Notwithstanding any provision of this Act, it is lawful for any person under 13 years of age to have in his possession any paintball gun air rifle if it is:

(1) Kept within his house of residence or other private enclosure;

(2) Used by the person under 13 years of age and he is a duly enrolled member of any club, team or society organized for educational purposes and maintaining as part of its facilities or having written permission to use an indoor or outdoor rifle range under the supervision, guidance and instruction of a responsible adult and then only if said paintball gun air rifle is actually being used in connection with the activities of said club team or society under the supervision of a responsible adult; or

(3) Used in or on any private grounds or residence under circumstances when such paintball gun air rifle is fired, discharged or operated in such a manner as not to endanger persons or property and then only if it is used in such manner as to prevent the projectile from passing over any grounds or space outside the limits of such grounds or residence.

(Source: Laws 1965, p. 2977.)

(720 ILCS 535/5) (from Ch. 38, par. 82-5)

Sec. 5. The provisions of this Act do not prohibit sales of air guns or paintball guns by rifles:

(1) By wholesale dealers or jobbers or to ;

(2) To be shipped out of the State. The provisions of this Act do not prohibit sales of paintball guns to ;

(3) To be used at a target range operated in accordance with Section 4 of this Act or by members of the Armed Services of the United States or Veterans' organizations.

(Source: Laws 1965, p. 2977.)

(720 ILCS 535/6) (from Ch. 38, par. 82-6)

Sec. 6.

The State Police or any sheriff or police officer shall seize, take, remove or cause to be removed at the expense of the owner, any air gun or paintball gun rifle sold or used in any manner in violation of this Act.

(Source: P.A. 77-577.)

(720 ILCS 535/7) (from Ch. 38, par. 82-7)

Sec. 7. Sentence.

Any person violating Section 1.1 of this Act commits a Class B misdemeanor.

Any dealer violating any provision of Section 2 of this Act commits a petty offense.

Any person violating any other provision of this Act commits a petty offense and shall pay a fine not to exceed $50.

(Source: P.A. 77-2815.)

(720 ILCS 535/8) (from Ch. 38, par. 82-8)

Sec. 8. The provisions of any ordinance enacted by any municipality which impose greater restrictions or limitations in respect to such sale and purchase, use or possession of air guns or paintball guns rifles as herein defined than are imposed by this Act, are not invalidated nor affected by this Act.

(Source: Laws 1965, p. 2977.)