SB2886 99TH GENERAL ASSEMBLY

LRB099 18913 RLC 43300 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2886

Introduced 2/18/2016, by Sen. Ira I. Silverstein

SYNOPSIS AS INTRODUCED:

720 ILCS 5/Art. 24.9 heading new
720 ILCS 5/24.9-0.1 new
720 ILCS 5/24.9-1 new

Amends the Criminal Code of 2012. Adds an Imitation Firearms Article to the Code. Prohibits the sale of an imitation firearm in the State and of a BB device that is an airsoft gun that expels a projectile, such as a BB or pellet, that is 6mm or 8mm caliber which does not meet certain criteria. Provides that the criteria includes, if the airsoft gun is configured as a handgun, a blaze orange ring on the barrel required by federal law, a trigger guard that has fluorescent coloration over the entire guard, and a 2 centimeter wide adhesive band around the circumference of the protruding pistol grip that has fluorescent coloration. Adds certain additional criteria if the airsoft gun is configured as a rifle or long gun. Provides that a person who sells an imitation firearm in the State is guilty of a Class A misdemeanor. Provides that a person who sells a BB device that does not meet the criteria specified in the Imitation Firearms Article is guilty of a Class A misdemeanor. Provides exemptions. Defines "imitation firearm" as any BB device, toy gun, replica of a firearm, or other device that is so substantially similar in coloration and overall appearance to an existing firearm as to lead a reasonable person to perceive that the device is a firearm.

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 Criminal Code of 2012 is amended by adding Article 24.9 as follows:

(720 ILCS 5/Art. 24.9 heading new)

ARTICLE 24.9. IMITATION FIREARMS

(720 ILCS 5/24.9-0.1 new)

Sec. 24.9-0.1. Definition. As used in this Article, "imitation firearm" means any BB device, toy gun, replica of a firearm, or other device that is so substantially similar in coloration and overall appearance to an existing firearm as to lead a reasonable person to perceive that the device is a firearm. "Imitation firearm" does not include any of the following:

(1) a nonfiring collector's replica that is historically significant, and is offered for sale in conjunction with a wall plaque or presentation case;

(2) a spot marker gun which expels a projectile that is greater than 10mm caliber;

(3) a BB device that expels a projectile, such as a BB or pellet, that is other than 6mm or 8mm caliber;

(4) a BB device that is an airsoft gun that expels a projectile, such as a BB or pellet, that is 6mm or 8mm caliber which meets the following criteria:

(A) if the airsoft gun is configured as a handgun, in addition to the blaze orange ring on the barrel required by federal law, the airsoft gun has a trigger guard that has fluorescent coloration over the entire guard, and there is a 2 centimeter wide adhesive band around the circumference of the protruding pistol grip that has fluorescent coloration; or

(B) if the airsoft gun is configured as a rifle or long gun, in addition to the blaze orange ring on the barrel required by federal law, the airsoft gun has a trigger guard that has fluorescent coloration over the entire guard, and there is a 2 centimeter wide adhesive band with fluorescent coloring around the circumference of any 2 of the following:

(i) the protruding pistol grip;

(ii) the buttstock;

(iii) a protruding ammunition magazine or clip; or

(5) a device in which the entire exterior surface of the device is white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink, or bright purple, either singly or as the predominant color in combination with other colors in any pattern, or the entire device is constructed of transparent or translucent materials which permits unmistakable observation of the device's complete contents.

The adhesive bands described in paragraph (4) of this Section shall be applied in a manner not intended for removal, and shall be in place on the airsoft gun prior to sale to a customer.

(720 ILCS 5/24.9-1 new)

Sec. 24.9-1. BB device that meets certain criteria; sale.

(a) An imitation firearm may not be sold in this State.

(b) A BB device that is an airsoft gun that expels a projectile, such as a BB or pellet, that is 6mm or 8mm caliber must meet the criteria specified in paragraph (4) of Section 24.9-0.1 of this Article before it may be sold to a customer in this State.

(c) Sentence. A person who sells an imitation firearm in this State is guilty of a Class A misdemeanor. A person who sells a BB device that does not meet the criteria specified in paragraph (4) of Section 24.9-0.1 of this Article is guilty of a Class A misdemeanor.