Full Text of HB6615 099th General Assembly
HB6615 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB6615 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED: |
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Amends the Criminal Code of 2012. Provides that beginning January
1, 2018, all handgun ammunition that is manufactured, imported into the State for sale or personal use, kept for sale, offered or exposed for
sale, sold, given, lent, or possessed shall be serialized. Provides that beginning January 1, 2018, any person who manufactures, causes to be manufactured, imports
into the State for sale or personal use, keeps for sale, offers or
exposes for sale, or who gives or lends any handgun ammunition that
is not serialized is guilty of a Class A misdemeanor. Provides that beginning January 1, 2018, any person who possesses in any public place any handgun
ammunition that is not serialized is guilty of a Class C misdemeanor. Provides exceptions. Provides that beginning January 1, 2018, the Department of State Police shall
maintain a centralized registry of all reports of handgun ammunition
transactions reported to the Department in
a manner prescribed by the Department. Provides that information in the registry, upon proper application for that information, shall be furnished to peace officers
and authorized employees of the Department of State Police or to the person listed in the registry as
the owner of the particular handgun ammunition. Provides that the Department of State Police shall adopt rules relating to the assessment and collection of
end-user fees in an amount not to exceed $0.005 per round of handgun ammunition or per bullet, in which the accumulated
fee amount may not exceed the cost to pay for the infrastructure,
implementation, operational, enforcement, and future development
costs of these provisions. Effective January 1, 2018, except some provisions effective immediately.
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| | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | | FISCAL NOTE ACT MAY APPLY |
| | A BILL FOR |
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| 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 2012 is amended by changing | 5 | | Sections 24-2, 24-4 and 24-5 and by adding Sections 24-0.05, | 6 | | 24-1.9, 24-1.10, 24-1.11, and 24-1.12 as follows: | 7 | | (720 ILCS 5/24-0.05 new) | 8 | | Sec. 24-0.05. Definitions. As used in this Article: | 9 | | "Department" means the Department of State Police. | 10 | | "Handgun ammunition" means ammunition principally for use | 11 | | in pistols, revolvers, and other firearms capable of being | 12 | | concealed upon the person, notwithstanding that the ammunition | 13 | | may also be used in some rifles. | 14 | | "Manufacturer", "ammunition
manufacturer", or "registered | 15 | | handgun ammunition
manufacturer" means any person that
| 16 | | manufactures handgun ammunition
within this State or | 17 | | manufactures handgun ammunition with the intent
to distribute | 18 | | that ammunition for purposes, within this State, of
sale, loan, | 19 | | or transfer. | 20 | | "Pistol", "revolver", and "firearm capable of being | 21 | | concealed upon the person" applies to and include any device | 22 | | designed to be used as a weapon, from which is expelled a | 23 | | projectile by the force of any explosion, or other form of |
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| 1 | | combustion, and that has a barrel less than 16 inches in | 2 | | length. These terms also include any device that has a barrel | 3 | | 16 inches or more in length which is designed to be | 4 | | interchanged with a barrel less than 16 inches in length. | 5 | | "Public place" means an
area open to the public and | 6 | | includes, but is not limited to, streets, sidewalks, bridges,
| 7 | | alleys, plazas, parks, driveways, front yards, parking lots,
| 8 | | including motor vehicles in these areas, whether moving or not, | 9 | | and buildings open to the general
public, including those that | 10 | | serve food or drink, or provide
entertainment, and the doorways | 11 | | and entrances to buildings or
dwellings. | 12 | | "Retail mercantile establishment" has the meaning ascribed | 13 | | to it in Section 16-0.1 of this Code. | 14 | | "Serialized" means: | 15 | | (1) the handgun ammunition has been identified in a | 16 | | manner prescribed by
the Department of State Police so that | 17 | | all assembled handgun ammunition contained
within a | 18 | | package provided for retail sale, or as otherwise specified
| 19 | | by the Department, is uniquely identified; | 20 | | (2) bullets used for reloading or handloading | 21 | | contained within a
package provided for retail sale, or as | 22 | | otherwise specified by the
Department, are uniquely | 23 | | identified; | 24 | | (3) identification of the manufacturer of the items | 25 | | described in
subdivisions (1) and (2) of this definition; | 26 | | (4) identification on the exterior of the items |
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| 1 | | described in
subdivisions (1) and (2) of this definition in | 2 | | a manner that permits visual inspection for
the purpose of | 3 | | determining if the assembled handgun ammunition or bullet
| 4 | | is serialized; | 5 | | (5) identification on the exterior of the items | 6 | | described in
subdivisions (1) and (2) of this definition in | 7 | | a manner that is maintained subsequent to
the discharge of | 8 | | the handgun ammunition and subsequent to the impact of the
| 9 | | bullet, based on standards prescribed by the Department; | 10 | | and | 11 | | (6) identification on the exterior of every package or | 12 | | container
of serialized handgun ammunition, as prescribed | 13 | | by the Department, with the
same unique identifiers used on | 14 | | the assembled handgun ammunition or bullets
contained | 15 | | within the packaging or container. No package or container
| 16 | | shall be labeled with the same unique identifiers as any | 17 | | other
package or container by the same manufacturer. | 18 | | "Serialized handgun
ammunition" means any of the | 19 | | following, which are subject to
serialization under this | 20 | | Article: | 21 | | (1) handgun ammunition; | 22 | | (2) .22 caliber rimfire ammunition; | 23 | | (3) assembled handgun ammunition packaged for retail | 24 | | sale; or | 25 | | (4) bullets used for reloading or handloading handgun | 26 | | ammunition
that are packaged for retail sale. |
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| 1 | | "Serialized handgun ammunition" does not include blank
| 2 | | cartridges, shot-shells, or projectiles used in black powder
| 3 | | handguns. | 4 | | (720 ILCS 5/24-1.9 new) | 5 | | Sec. 24-1.9. Serialization of handgun ammunition. | 6 | | (a) The Department of State Police shall enforce the | 7 | | requirements of
the handgun serialization program and other | 8 | | provisions of Sections 24-1.9 through 24-1.12 of this
Code. The | 9 | | Department may prescribe the manner
in which handgun ammunition | 10 | | is serialized in order to comply with Section 24-1.10 of this | 11 | | Code, including, but not limited to,
determining how handgun | 12 | | ammunition that is loose, packaged, in lots, series,
or | 13 | | otherwise aggregated for purposes of manufacture or sale shall | 14 | | be
serialized with a unique identifier, under Section 24-1.10 | 15 | | of this Code.
The Department shall adopt rules implementing | 16 | | this Section no
later than January 1, 2018. | 17 | | (b) The Department may: | 18 | | (1) adopt rules relating to the assessment and | 19 | | collection of
end-user fees in an amount not to exceed | 20 | | $0.005 per round of handgun ammunition or per bullet, in | 21 | | which the accumulated
fee amount may not exceed the cost to | 22 | | pay for the infrastructure,
implementation, operational, | 23 | | enforcement, and future development
costs of Sections | 24 | | 24-1.9 through 24-1.12 of this
Code; | 25 | | (2) adopt rules relating to the implementation and
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| 1 | | furtherance of a retail handgun ammunition vendor's | 2 | | registry and the
assessment and collection of fees | 3 | | associated with the registration
program in an amount not | 4 | | to exceed $50 per year per
retail location, adjusted | 5 | | annually for inflation based upon the
Consumer Price Index | 6 | | for the North Central Region as published by the United | 7 | | States Department of Labor, Bureau of Labor Statistics for | 8 | | the immediately preceding calendar year, in which the | 9 | | accumulated fee amount may not
exceed the cost to pay for | 10 | | the infrastructure, implementation,
operational, | 11 | | enforcement, and future development costs of Sections | 12 | | 24-1.9 through 24-1.12 of this
Code; or | 13 | | (3) adopt or amend rules relating to this Section in an
| 14 | | effort to incorporate new technologies as they become | 15 | | available. | 16 | | (720 ILCS 5/24-1.10 new) | 17 | | Sec. 24-1.10. Unlawful manufacture, sale, or transfer of | 18 | | non-serialized handgun ammunition; unlawful possession of | 19 | | non-serialized handgun ammunition; penalties. | 20 | | (a) Beginning January 1, 2018, and except as provided in | 21 | | subsection
(g-15) of Section 24-2 of this Code, a person | 22 | | commits unlawful manufacture, sale, or transfer of | 23 | | non-serialized handgun ammunition when he or she knowingly | 24 | | manufactures, causes to be manufactured, imports
into this | 25 | | State for sale or personal use, keeps for sale, offers or
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| 1 | | exposes for sale, or gives or lends any handgun ammunition that
| 2 | | is not serialized. A violation of this subsection is a Class A | 3 | | misdemeanor. | 4 | | (b) Beginning January 1, 2018, and except as provided in | 5 | | subsection
(g-15) of Section 24-2 of this Code, a person | 6 | | commits unlawful possession of non-serialized handgun | 7 | | ammunition when he or she knowingly possesses in any public | 8 | | place any handgun
ammunition that is not serialized. A | 9 | | violation of this subsection is a Class C misdemeanor. | 10 | | (c) Beginning January 1, 2018, and except as provided in | 11 | | subsection
(g-15) of Section 24-2 of this Code, a person | 12 | | commits unlawful possession of non-serialized handgun | 13 | | ammunition when he or she knowingly possesses non-serialized | 14 | | ammunition for a rifle having one or more barrels less
than 16 | 15 | | inches in length or a shotgun having one or more barrels less | 16 | | than 18 inches in length or any weapon made from a rifle or | 17 | | shotgun, whether by alteration, modification, or otherwise, if | 18 | | the weapon as modified has an overall length of less than 26 | 19 | | inches. A violation of this subsection is a Class C | 20 | | misdemeanor. | 21 | | (d) For purposes of Sections 24-1.9 through 24-1.12 of this
| 22 | | Code, the possession of each round of non-serialized handgun | 23 | | ammunition or bullets
constitutes a separate and distinct | 24 | | offense. | 25 | | (720 ILCS 5/24-1.11 new) |
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| 1 | | Sec. 24-1.11. Unlawful retail sale of handgun ammunition. | 2 | | (a)(1) Beginning January 1, 2018, a
person commits unlawful | 3 | | retail sale of handgun ammunition if he or she knowingly | 4 | | engages in the retail sale of handgun ammunition and
sells, | 5 | | leases, or transfers serialized handgun ammunition
without | 6 | | being a registered handgun ammunition vendor
as described in | 7 | | paragraph (2) of this subsection (a). A violation of this | 8 | | paragraph (1) is a Class A misdemeanor. | 9 | | (2) As used in this Section, "vendor", "ammunition vendor", | 10 | | or
"registered handgun ammunition vendor" means any person who | 11 | | is engaged in the retail sale of
handgun ammunition and has all | 12 | | of the
following: | 13 | | (A) any regulatory or business license, or licenses, | 14 | | required by
a unit of local government; | 15 | | (B) a valid Retailers Occupation Tax Registration | 16 | | Number issued by the Department of Revenue; and | 17 | | (C) is recorded in the centralized handgun ammunition | 18 | | vendor's
registry specified in subsection (b) of this | 19 | | Section. | 20 | | (b) The Department of State Police shall maintain a | 21 | | centralized registry of
all persons under subparagraphs (A) | 22 | | through (C), inclusive, of
paragraph (2) of subsection (a) of | 23 | | this Section. The Department may remove from this
registry any | 24 | | person who violates the provisions of this Article.
Upon | 25 | | removal of a vendor from this registry, notification shall be
| 26 | | provided to local law enforcement and licensing authorities in |
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| 1 | | the
jurisdiction where the vendor's business is located. | 2 | | (c) The Department of State Police may inspect handgun | 3 | | ammunition vendors to
ensure compliance with this Article. | 4 | | Nothing in this Section prohibits any unit of local government | 5 | | from adopting one or more ordinances
relating to the inspection | 6 | | of handgun ammunition vendors. | 7 | | (d) Any vendor, agent, or employee of the vendor who sells | 8 | | or
otherwise transfers ownership of any serialized handgun | 9 | | ammunition
shall record the following information in a format | 10 | | prescribed by the
Department of State Police: | 11 | | (1) the date of the transaction; | 12 | | (2) the name of the transferee; | 13 | | (3) the transferee's driver's
license number or other | 14 | | government issued identification card number
and the | 15 | | governmental agency that issued the identification; | 16 | | (4) in order to validate a transferee's age and ensure | 17 | | compliance
with paragraphs (a) and (b) of subsection (A) of | 18 | | Section 24-3 of this Code, the date of birth of the | 19 | | transferee; | 20 | | (5) the unique identifier, as described in Section | 21 | | 24-0.05 of this Article, of all
serialized handgun | 22 | | ammunition or bullets transferred; and | 23 | | (6) all other information prescribed by the | 24 | | Department. | 25 | | (e) On the date the vendor delivers the handgun ammunition | 26 | | to the
transferee, he or she shall report the information |
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| 1 | | required in
subsection (d) of this Section to the Department of | 2 | | State Police in a manner prescribed
by the Department. A copy | 3 | | of the records required by this Section shall be
maintained on | 4 | | the premises of the vendor for a period of not less
than 3 | 5 | | years from the date of the recorded transfer. The records shall | 6 | | be subject to inspection at any time during
normal business | 7 | | hours by any peace officer, or by any authorized
employee of | 8 | | the Department, if the inspection relates to
an investigation | 9 | | in which access to those records is or may be relevant
to that | 10 | | investigation, is seeking information about persons
prohibited | 11 | | from owning a firearm or handgun ammunition, or is engaged in
| 12 | | ensuring compliance with this Article, the Firearm Owners | 13 | | Identification Card Act, the Firearm Concealed Carry Act, or | 14 | | any other laws pertaining to firearms. | 15 | | (f) Any vendor or employee or agent of a vendor who | 16 | | knowingly
fails to comply with, or falsifies the records | 17 | | required to be kept
by subsection (e) of this Section is guilty | 18 | | of a Class A misdemeanor. | 19 | | (g) Proof that a vendor or his or her agent or employee | 20 | | demanded,
was shown, and acted in reliance upon, bona fide | 21 | | evidence of identity
shall be a defense to any criminal | 22 | | prosecution under this
Section if reliance upon the proof of | 23 | | identity was
reasonable. | 24 | | (h) Any person who presents false identification to a | 25 | | vendor with
the intent to avoid the recording requirements of | 26 | | this Section is guilty of a Class A misdemeanor. |
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| 1 | | (i) Any vendor who refuses to permit a person authorized | 2 | | under
subsection (e) of this Section to examine any record | 3 | | prepared in
accordance with this Section during any inspection | 4 | | conducted under this Section is guilty of a Class A | 5 | | misdemeanor. | 6 | | (j) Persons engaged in the non-commercial reloading of | 7 | | ammunition may adopt voluntary personal serialization | 8 | | protocols. | 9 | | (720 ILCS 5/24-1.12 new) | 10 | | Sec. 24-1.12. Unlawful commercial manufacture of | 11 | | serialized handgun ammunition. | 12 | | (a)
Beginning January 1, 2018, a person commits unlawful | 13 | | commercial manufacture of serialized handgun ammunition when | 14 | | he or she knowingly engages in
the commercial manufacture of | 15 | | serialized handgun ammunition and
sells, loans, or transfers | 16 | | serialized handgun ammunition within this State,
without being | 17 | | a registered handgun ammunition
manufacturer. A violation of | 18 | | this subsection (a) is a
Class A misdemeanor. | 19 | | (b) Manufacturers shall: | 20 | | (1) register with the Department of State Police in a | 21 | | manner prescribed
by the Department; | 22 | | (2) maintain records on the business premises for a | 23 | | period of
7 years concerning all sales, loans, and | 24 | | transfers of handgun ammunition,
to, from, or within this | 25 | | State; and |
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| 1 | | (3) comply with all other rules concerning handgun | 2 | | ammunition
manufacture and sale adopted by the Department. | 3 | | (c) Any manufacturer who knowingly fails to comply with the | 4 | | provisions of
this Section is liable for a civil fine payable | 5 | | to the Department of State Police of not more than $1,000 for a | 6 | | first violation, not more than $5,000 for a second violation, | 7 | | and not more than
$10,000 for a third and subsequent violation.
| 8 | | A civil action to enforce this Section may be brought by a | 9 | | municipal attorney, State's Attorney, or the Attorney General. | 10 | | This
subsection (c) does not preclude any other remedy | 11 | | available under
State law. | 12 | | (d) The Department may inspect handgun ammunition | 13 | | manufacturers to ensure
compliance with this Section.
| 14 | | (720 ILCS 5/24-2)
| 15 | | Sec. 24-2. Exemptions.
| 16 | | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | 17 | | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | 18 | | the following:
| 19 | | (1) Peace officers, and any person summoned by a peace | 20 | | officer to
assist in making arrests or preserving the | 21 | | peace, while actually engaged in
assisting such officer.
| 22 | | (2) Wardens, superintendents and keepers of prisons,
| 23 | | penitentiaries, jails and other institutions for the | 24 | | detention of persons
accused or convicted of an offense, | 25 | | while in the performance of their
official duty, or while |
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| 1 | | commuting between their homes and places of employment.
| 2 | | (3) Members of the Armed Services or Reserve Forces of | 3 | | the United States
or the Illinois National Guard or the | 4 | | Reserve Officers Training Corps,
while in the performance | 5 | | of their official duty.
| 6 | | (4) Special agents employed by a railroad or a public | 7 | | utility to
perform police functions, and guards of armored | 8 | | car companies, while
actually engaged in the performance of | 9 | | the duties of their employment or
commuting between their | 10 | | homes and places of employment; and watchmen
while actually | 11 | | engaged in the performance of the duties of their | 12 | | employment.
| 13 | | (5) Persons licensed as private security contractors, | 14 | | private
detectives, or private alarm contractors, or | 15 | | employed by a private security contractor, private | 16 | | detective, or private alarm contractor agency licensed
by | 17 | | the Department of Financial and Professional Regulation, | 18 | | if their duties
include the carrying of a weapon under the | 19 | | provisions of the Private
Detective, Private Alarm,
| 20 | | Private Security, Fingerprint Vendor, and Locksmith Act of | 21 | | 2004,
while actually
engaged in the performance of the | 22 | | duties of their employment or commuting
between their homes | 23 | | and places of employment. A person shall be considered | 24 | | eligible for this
exemption if he or she has completed the | 25 | | required 20
hours of training for a private security | 26 | | contractor, private
detective, or private alarm |
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| 1 | | contractor, or employee of a licensed private security | 2 | | contractor, private detective, or private alarm contractor | 3 | | agency and 20 hours of required firearm
training, and has | 4 | | been issued a firearm control card by
the Department of | 5 | | Financial and Professional Regulation. Conditions for the | 6 | | renewal of
firearm control cards issued under the | 7 | | provisions of this Section
shall be the same as for those | 8 | | cards issued under the provisions of the
Private Detective, | 9 | | Private Alarm,
Private Security, Fingerprint Vendor, and | 10 | | Locksmith Act of 2004. The
firearm control card shall be | 11 | | carried by the private security contractor, private
| 12 | | detective, or private alarm contractor, or employee of the | 13 | | licensed private security contractor, private detective, | 14 | | or private alarm contractor agency at all
times when he or | 15 | | she is in possession of a concealable weapon permitted by | 16 | | his or her firearm control card.
| 17 | | (6) Any person regularly employed in a commercial or | 18 | | industrial
operation as a security guard for the protection | 19 | | of persons employed
and private property related to such | 20 | | commercial or industrial
operation, while actually engaged | 21 | | in the performance of his or her
duty or traveling between | 22 | | sites or properties belonging to the
employer, and who, as | 23 | | a security guard, is a member of a security force | 24 | | registered with the Department of Financial and | 25 | | Professional
Regulation; provided that such security guard | 26 | | has successfully completed a
course of study, approved by |
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| 1 | | and supervised by the Department of
Financial and | 2 | | Professional Regulation, consisting of not less than 40 | 3 | | hours of training
that includes the theory of law | 4 | | enforcement, liability for acts, and the
handling of | 5 | | weapons. A person shall be considered eligible for this
| 6 | | exemption if he or she has completed the required 20
hours | 7 | | of training for a security officer and 20 hours of required | 8 | | firearm
training, and has been issued a firearm control | 9 | | card by
the Department of Financial and Professional | 10 | | Regulation. Conditions for the renewal of
firearm control | 11 | | cards issued under the provisions of this Section
shall be | 12 | | the same as for those cards issued under the provisions of | 13 | | the
Private Detective, Private Alarm,
Private Security, | 14 | | Fingerprint Vendor, and Locksmith Act of 2004. The
firearm | 15 | | control card shall be carried by the security guard at all
| 16 | | times when he or she is in possession of a concealable | 17 | | weapon permitted by his or her firearm control card.
| 18 | | (7) Agents and investigators of the Illinois | 19 | | Legislative Investigating
Commission authorized by the | 20 | | Commission to carry the weapons specified in
subsections | 21 | | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| 22 | | any investigation for the Commission.
| 23 | | (8) Persons employed by a financial institution as a | 24 | | security guard for the protection of
other employees and | 25 | | property related to such financial institution, while
| 26 | | actually engaged in the performance of their duties, |
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| 1 | | commuting between
their homes and places of employment, or | 2 | | traveling between sites or
properties owned or operated by | 3 | | such financial institution, and who, as a security guard, | 4 | | is a member of a security force registered with the | 5 | | Department; provided that
any person so employed has | 6 | | successfully completed a course of study,
approved by and | 7 | | supervised by the Department of Financial and Professional | 8 | | Regulation,
consisting of not less than 40 hours of | 9 | | training which includes theory of
law enforcement, | 10 | | liability for acts, and the handling of weapons.
A person | 11 | | shall be considered to be eligible for this exemption if he | 12 | | or
she has completed the required 20 hours of training for | 13 | | a security officer
and 20 hours of required firearm | 14 | | training, and has been issued a
firearm control card by the | 15 | | Department of Financial and Professional Regulation.
| 16 | | Conditions for renewal of firearm control cards issued | 17 | | under the
provisions of this Section shall be the same as | 18 | | for those issued under the
provisions of the Private | 19 | | Detective, Private Alarm,
Private Security, Fingerprint | 20 | | Vendor, and Locksmith Act of 2004. The
firearm control card | 21 | | shall be carried by the security guard at all times when he | 22 | | or she is in possession of a concealable
weapon permitted | 23 | | by his or her firearm control card. For purposes of this | 24 | | subsection, "financial institution" means a
bank, savings | 25 | | and loan association, credit union or company providing
| 26 | | armored car services.
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| 1 | | (9) Any person employed by an armored car company to | 2 | | drive an armored
car, while actually engaged in the | 3 | | performance of his duties.
| 4 | | (10) Persons who have been classified as peace officers | 5 | | pursuant
to the Peace Officer Fire Investigation Act.
| 6 | | (11) Investigators of the Office of the State's | 7 | | Attorneys Appellate
Prosecutor authorized by the board of | 8 | | governors of the Office of the
State's Attorneys Appellate | 9 | | Prosecutor to carry weapons pursuant to
Section 7.06 of the | 10 | | State's Attorneys Appellate Prosecutor's Act.
| 11 | | (12) Special investigators appointed by a State's | 12 | | Attorney under
Section 3-9005 of the Counties Code.
| 13 | | (12.5) Probation officers while in the performance of | 14 | | their duties, or
while commuting between their homes, | 15 | | places of employment or specific locations
that are part of | 16 | | their assigned duties, with the consent of the chief judge | 17 | | of
the circuit for which they are employed, if they have | 18 | | received weapons training according
to requirements of the | 19 | | Peace Officer and Probation Officer Firearm Training Act.
| 20 | | (13) Court Security Officers while in the performance | 21 | | of their official
duties, or while commuting between their | 22 | | homes and places of employment, with
the
consent of the | 23 | | Sheriff.
| 24 | | (13.5) A person employed as an armed security guard at | 25 | | a nuclear energy,
storage, weapons or development site or | 26 | | facility regulated by the Nuclear
Regulatory Commission |
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| 1 | | who has completed the background screening and training
| 2 | | mandated by the rules and regulations of the Nuclear | 3 | | Regulatory Commission.
| 4 | | (14) Manufacture, transportation, or sale of weapons | 5 | | to
persons
authorized under subdivisions (1) through | 6 | | (13.5) of this
subsection
to
possess those weapons.
| 7 | | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | 8 | | to
or affect any person carrying a concealed pistol, revolver, | 9 | | or handgun and the person has been issued a currently valid | 10 | | license under the Firearm Concealed Carry Act at the time of | 11 | | the commission of the offense. | 12 | | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | 13 | | 24-1.6 do not
apply to or affect
any of the following:
| 14 | | (1) Members of any club or organization organized for | 15 | | the purpose of
practicing shooting at targets upon | 16 | | established target ranges, whether
public or private, and | 17 | | patrons of such ranges, while such members
or patrons are | 18 | | using their firearms on those target ranges.
| 19 | | (2) Duly authorized military or civil organizations | 20 | | while parading,
with the special permission of the | 21 | | Governor.
| 22 | | (3) Hunters, trappers or fishermen with a license or
| 23 | | permit while engaged in hunting,
trapping or fishing.
| 24 | | (4) Transportation of weapons that are broken down in a
| 25 | | non-functioning state or are not immediately accessible.
| 26 | | (5) Carrying or possessing any pistol, revolver, stun |
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| 1 | | gun or taser or other firearm on the land or in the legal | 2 | | dwelling of another person as an invitee with that person's | 3 | | permission. | 4 | | (c) Subsection 24-1(a)(7) does not apply to or affect any | 5 | | of the
following:
| 6 | | (1) Peace officers while in performance of their | 7 | | official duties.
| 8 | | (2) Wardens, superintendents and keepers of prisons, | 9 | | penitentiaries,
jails and other institutions for the | 10 | | detention of persons accused or
convicted of an offense.
| 11 | | (3) Members of the Armed Services or Reserve Forces of | 12 | | the United States
or the Illinois National Guard, while in | 13 | | the performance of their official
duty.
| 14 | | (4) Manufacture, transportation, or sale of machine | 15 | | guns to persons
authorized under subdivisions (1) through | 16 | | (3) of this subsection to
possess machine guns, if the | 17 | | machine guns are broken down in a
non-functioning state or | 18 | | are not immediately accessible.
| 19 | | (5) Persons licensed under federal law to manufacture | 20 | | any weapon from
which 8 or more shots or bullets can be | 21 | | discharged by a
single function of the firing device, or | 22 | | ammunition for such weapons, and
actually engaged in the | 23 | | business of manufacturing such weapons or
ammunition, but | 24 | | only with respect to activities which are within the lawful
| 25 | | scope of such business, such as the manufacture, | 26 | | transportation, or testing
of such weapons or ammunition. |
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| 1 | | This exemption does not authorize the
general private | 2 | | possession of any weapon from which 8 or more
shots or | 3 | | bullets can be discharged by a single function of the | 4 | | firing
device, but only such possession and activities as | 5 | | are within the lawful
scope of a licensed manufacturing | 6 | | business described in this paragraph.
| 7 | | During transportation, such weapons shall be broken | 8 | | down in a
non-functioning state or not immediately | 9 | | accessible.
| 10 | | (6) The manufacture, transport, testing, delivery, | 11 | | transfer or sale,
and all lawful commercial or experimental | 12 | | activities necessary thereto, of
rifles, shotguns, and | 13 | | weapons made from rifles or shotguns,
or ammunition for | 14 | | such rifles, shotguns or weapons, where engaged in
by a | 15 | | person operating as a contractor or subcontractor pursuant | 16 | | to a
contract or subcontract for the development and supply | 17 | | of such rifles,
shotguns, weapons or ammunition to the | 18 | | United States government or any
branch of the Armed Forces | 19 | | of the United States, when such activities are
necessary | 20 | | and incident to fulfilling the terms of such contract.
| 21 | | The exemption granted under this subdivision (c)(6)
| 22 | | shall also apply to any authorized agent of any such | 23 | | contractor or
subcontractor who is operating within the | 24 | | scope of his employment, where
such activities involving | 25 | | such weapon, weapons or ammunition are necessary
and | 26 | | incident to fulfilling the terms of such contract.
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| 1 | | (7) A person possessing a rifle with a barrel or | 2 | | barrels less than 16 inches in length if: (A) the person | 3 | | has been issued a Curios and Relics license from the U.S. | 4 | | Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) | 5 | | the person is an active member of a bona fide, nationally | 6 | | recognized military re-enacting group and the modification | 7 | | is required and necessary to accurately portray the weapon | 8 | | for historical re-enactment purposes; the re-enactor is in | 9 | | possession of a valid and current re-enacting group | 10 | | membership credential; and the overall length of the weapon | 11 | | as modified is not less than 26 inches. | 12 | | (d) Subsection 24-1(a)(1) does not apply to the purchase, | 13 | | possession
or carrying of a black-jack or slung-shot by a peace | 14 | | officer.
| 15 | | (e) Subsection 24-1(a)(8) does not apply to any owner, | 16 | | manager or
authorized employee of any place specified in that | 17 | | subsection nor to any
law enforcement officer.
| 18 | | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | 19 | | Section 24-1.6
do not apply
to members of any club or | 20 | | organization organized for the purpose of practicing
shooting | 21 | | at targets upon established target ranges, whether public or | 22 | | private,
while using their firearms on those target ranges.
| 23 | | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | 24 | | to:
| 25 | | (1) Members of the Armed Services or Reserve Forces of | 26 | | the United
States or the Illinois National Guard, while in |
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| 1 | | the performance of their
official duty.
| 2 | | (2) Bonafide collectors of antique or surplus military | 3 | | ordinance.
| 4 | | (3) Laboratories having a department of forensic | 5 | | ballistics, or
specializing in the development of | 6 | | ammunition or explosive ordinance.
| 7 | | (4) Commerce, preparation, assembly or possession of | 8 | | explosive
bullets by manufacturers of ammunition licensed | 9 | | by the federal government,
in connection with the supply of | 10 | | those organizations and persons exempted
by subdivision | 11 | | (g)(1) of this Section, or like organizations and persons
| 12 | | outside this State, or the transportation of explosive | 13 | | bullets to any
organization or person exempted in this | 14 | | Section by a common carrier or by a
vehicle owned or leased | 15 | | by an exempted manufacturer.
| 16 | | (g-5) Subsection 24-1(a)(6) does not apply to or affect | 17 | | persons licensed
under federal law to manufacture any device or | 18 | | attachment of any kind designed,
used, or intended for use in | 19 | | silencing the report of any firearm, firearms, or
ammunition
| 20 | | for those firearms equipped with those devices, and actually | 21 | | engaged in the
business of manufacturing those devices, | 22 | | firearms, or ammunition, but only with
respect to
activities | 23 | | that are within the lawful scope of that business, such as the
| 24 | | manufacture, transportation, or testing of those devices, | 25 | | firearms, or
ammunition. This
exemption does not authorize the | 26 | | general private possession of any device or
attachment of any |
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| 1 | | kind designed, used, or intended for use in silencing the
| 2 | | report of any firearm, but only such possession and activities | 3 | | as are within
the
lawful scope of a licensed manufacturing | 4 | | business described in this subsection
(g-5). During | 5 | | transportation, these devices shall be detached from any weapon
| 6 | | or
not immediately accessible.
| 7 | | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| 8 | | 24-1.6 do not apply to
or affect any parole agent or parole | 9 | | supervisor who meets the qualifications and conditions | 10 | | prescribed in Section 3-14-1.5 of the Unified Code of | 11 | | Corrections. | 12 | | (g-7) Subsection 24-1(a)(6) does not apply to a peace | 13 | | officer while serving as a member of a tactical response team | 14 | | or special operations team. A peace officer may not personally | 15 | | own or apply for ownership of a device or attachment of any | 16 | | kind designed, used, or intended for use in silencing the | 17 | | report of any firearm. These devices shall be owned and | 18 | | maintained by lawfully recognized units of government whose | 19 | | duties include the investigation of criminal acts. | 20 | | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and | 21 | | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | 22 | | athlete's possession, transport on official Olympic and | 23 | | Paralympic transit systems established for athletes, or use of | 24 | | competition firearms sanctioned by the International Olympic | 25 | | Committee, the International Paralympic Committee, the | 26 | | International Shooting Sport Federation, or USA Shooting in |
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| 1 | | connection with such athlete's training for and participation | 2 | | in shooting competitions at the 2016 Olympic and Paralympic | 3 | | Games and sanctioned test events leading up to the 2016 Olympic | 4 | | and Paralympic Games. | 5 | | (g-15) Subsections 24-1.10 (a) and 24-1.10 (b) do not apply | 6 | | to or affect any of the following: | 7 | | (1) Possession, for purposes of investigation or | 8 | | disposition
of any non-serialized handgun ammunition, by a | 9 | | forensic laboratory or
any authorized agent or employee of | 10 | | that laboratory in the course and scope of
his or her | 11 | | authorized activities. | 12 | | (2) Possession, for purposes of investigation, | 13 | | evidence, or
disposition, of any non-serialized handgun | 14 | | ammunition by any State or unit of local government agency | 15 | | charged with law enforcement
or by the Department of State | 16 | | Police or by any authorized agent or
employee of the | 17 | | agency, within the course and scope of his or her official
| 18 | | duties. | 19 | | (3) Possession, for purposes of disposal, or the | 20 | | disposal, of
non-serialized handgun ammunition by an | 21 | | executor or administrator of
an estate if all of the | 22 | | following are met: | 23 | | (A) the non-serialized handgun ammunition was | 24 | | lawfully possessed, included
within the estate, and | 25 | | the executor or administrator possesses or
disposes of | 26 | | the non-serialized handgun ammunition in a manner
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| 1 | | consistent with this Article. | 2 | | (B) the disposition is to a person or entity that | 3 | | may possess the
non-serialized handgun ammunition in a | 4 | | manner consistent with this
Article and possession is | 5 | | otherwise lawful; and | 6 | | (C) the disposition transfers the non-serialized | 7 | | handgun ammunition
out of this State or to a law | 8 | | enforcement agency for disposition. | 9 | | (4) Possession of non-serialized handgun ammunition | 10 | | for purposes of
transporting it to a law enforcement agency | 11 | | for disposition, if
possession is otherwise lawful, and if | 12 | | the law enforcement agency has
been notified prior to | 13 | | delivery of the handgun ammunition. | 14 | | (5) Possession of non-serialized handgun ammunition by | 15 | | peace officers from other states during the
discharge of | 16 | | their official duties in this State. | 17 | | (6) Possession of non-serialized handgun ammunition by | 18 | | members of the Armed Services or Reserve Forces of the | 19 | | United States
or the Illinois National Guard or the Reserve | 20 | | Officers Training Corps,
while in the performance of their | 21 | | official duties. | 22 | | (7) Possession or exhibition of non-serialized handgun | 23 | | ammunition by a museum or collector, in a fixed or mobile | 24 | | exhibit or for educational purposes. | 25 | | (8) Transportation of non-serialized handgun | 26 | | ammunition by those permitted to be in possession of that |
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| 1 | | ammunition and firearms for that ammunition from their | 2 | | residence to public and private shooting events and ranges | 3 | | for a period of 10 years after the effective date of this | 4 | | amendatory act of the 99th General Assembly. | 5 | | (9) Transfer of non-serialized handgun ammunition from | 6 | | a retail mercantile establishment in this state to another | 7 | | retail mercantile establishment outside of this State. | 8 | | (10) Possession of non-serialized handgun ammunition | 9 | | inventory by a retail mercantile establishment | 10 | | manufactured before January 1, 2018 and possessed by the | 11 | | retail mercantile establishment until that inventory is | 12 | | sold or exhausted in compliance with this Article. | 13 | | (11) Possession of non-serialized handgun ammunition | 14 | | by a person issued a concealed carry license by the | 15 | | Department of State Police under the Firearm Concealed | 16 | | Carry Act or issued a Firearm Owner's Identification Card | 17 | | by the Department under the Firearm Owners Identification | 18 | | Card Act on his or her person, in a firearm, or in a | 19 | | vehicle for 15 years after the effective date of this | 20 | | amendatory Act of the 99th General Assembly. | 21 | | (12) Possession of non-serialized handgun ammunition | 22 | | by persons engaged in the development of new calibers, new | 23 | | rifles, new handguns, and ammunition that is used in those | 24 | | rifles and handguns or modifications to existing rifles or | 25 | | handguns. Possession of non-serialized handgun ammunition | 26 | | under this paragraph (12) must be in compliance with this |
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| 1 | | Article, the number of rounds must not exceed 15,000, must | 2 | | be used solely for development purposes, and must be | 3 | | transported with the firearms for which they are used. | 4 | | (13) Possession of non-serialized handgun ammunition | 5 | | by persons engaged in the non-commercial reloading of | 6 | | ammunition. | 7 | | (14) Possession and storage of non-serialized handgun | 8 | | ammunition in the owner's dwelling, farm, or farm | 9 | | outbuilding, or while at a public or private firearm range. | 10 | | (15) Possession of non-serialized handgun ammunition | 11 | | by persons involved in the protection of dignitaries from | 12 | | domestic or foreign governments under the direction and | 13 | | authorization of the Department of State Police, which may | 14 | | charge a fee for use of that ammunition which shall not | 15 | | exceed the cost of that ammunition to the Department. | 16 | | (16) Ammunition used in black powder firearms | 17 | | regardless of the date of manufacture of the firearms. | 18 | | (17) Projectiles that are determined by the Department | 19 | | of State Police to be less than lethal that may be fired | 20 | | from devices that are in possession of persons lawfully | 21 | | able to possess those devices. | 22 | | (g-16) The Department of State Police shall annually review | 23 | | the exemptions contained in subsection (g-15) of this Section | 24 | | and make recommendations to the Governor and General Assembly | 25 | | for changes in exemptions permitted by subsection (g-15) of | 26 | | this Section. |
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| 1 | | (h) An information or indictment based upon a violation of | 2 | | any
subsection of this Article need not negative any exemptions | 3 | | contained in
this Article. The defendant shall have the burden | 4 | | of proving such an
exemption.
| 5 | | (i) Nothing in this Article shall prohibit, apply to, or | 6 | | affect
the transportation, carrying, or possession, of any | 7 | | pistol or revolver,
stun gun, taser, or other firearm consigned | 8 | | to a common carrier operating
under license of the State of | 9 | | Illinois or the federal government, where
such transportation, | 10 | | carrying, or possession is incident to the lawful
| 11 | | transportation in which such common carrier is engaged; and | 12 | | nothing in this
Article shall prohibit, apply to, or affect the | 13 | | transportation, carrying,
or possession of any pistol, | 14 | | revolver, stun gun, taser, or other firearm,
not the subject of | 15 | | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | 16 | | this Article, which is unloaded and enclosed in a case, firearm
| 17 | | carrying box, shipping box, or other container, by the | 18 | | possessor of a valid
Firearm Owners Identification Card.
| 19 | | (Source: P.A. 98-63, eff. 7-9-13; 98-463, eff. 8-16-13; 98-725, | 20 | | eff. 1-1-15; 99-174, eff. 7-29-15.)
| 21 | | (720 ILCS 5/24-4) (from Ch. 38, par. 24-4)
| 22 | | Sec. 24-4.
Register
of sales by dealer.
| 23 | | (a) Any seller of firearms of a size which may be concealed | 24 | | upon the
person, other than a manufacturer selling to a bona | 25 | | fide wholesaler or
retailer or a wholesaler selling to a bona |
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| 1 | | fide retailer, shall keep a
register of all firearms sold or | 2 | | given away.
| 3 | | (b) Such register shall contain the date of the sale or | 4 | | gift, the name,
address, age and occupation of the person to | 5 | | whom the weapon is sold or
given, the price of the weapon, the | 6 | | kind, description and number of the
weapon, and the purpose for | 7 | | which it is purchased and obtained.
| 8 | | (c) Such seller on demand of a peace officer shall produce | 9 | | for
inspection the register and allow such peace officer to | 10 | | inspect such
register and all stock on hand.
| 11 | | (c-5) Beginning January 1, 2018, the Department of State | 12 | | Police shall
maintain a centralized registry of all reports of | 13 | | handgun ammunition
transactions reported to the Department | 14 | | under Section 24-1.11 of this Code, in
a manner prescribed by | 15 | | the Department. Information in the registry, upon proper | 16 | | application for that information, shall be furnished to the | 17 | | officers
listed in Section 24-1.11 of this Code, or to the | 18 | | person listed in the registry as
the owner of the particular | 19 | | handgun ammunition. | 20 | | (d) Sentence.
| 21 | | Violation of this Section is a Class B misdemeanor.
| 22 | | (Source: P.A. 77-2638.)
| 23 | | (720 ILCS 5/24-5) (from Ch. 38, par. 24-5)
| 24 | | Sec. 24-5. Defacing
identification marks of firearms. | 25 | | (a) Any person who shall knowingly or intentionally change, |
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| 1 | | alter,
remove or obliterate the name of
the importer's or | 2 | | manufacturer's serial number of
any firearm commits a Class 2 | 3 | | felony.
| 4 | | (b) A person who possesses any firearm upon which any such | 5 | | importer's or manufacturer's serial number has been
changed, | 6 | | altered, removed or obliterated commits a Class 3 felony.
| 7 | | (b-5) Beginning January 1, 2018, any
person who knowingly | 8 | | destroys, obliterates, or otherwise renders
unreadable, the | 9 | | serialization required under Section 24-1.10 of this Code, on
| 10 | | any bullet or assembled handgun ammunition is guilty of a Class | 11 | | A misdemeanor. | 12 | | (c) Nothing in this Section shall prevent a person from | 13 | | making repairs, replacement of parts, or other changes to a | 14 | | firearm if those repairs, replacement of parts, or changes | 15 | | cause the removal of the name of the maker, model, or other | 16 | | marks of identification other than the serial number on the | 17 | | firearm's frame or receiver. | 18 | | (d) A prosecution for a violation of this Section may be | 19 | | commenced within 6 years after the commission of the offense.
| 20 | | (Source: P.A. 93-906, eff. 8-11-04.)
| 21 | | Section 99. Effective date. This Act takes effect on | 22 | | January 1, 2018, except that Sections 24-0.05, 24-1.9, and this | 23 | | Section take effect upon
becoming law.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 720 ILCS 5/24-0.05 new | | | 4 | | 720 ILCS 5/24-1.9 new | | | 5 | | 720 ILCS 5/24-1.10 new | | | 6 | | 720 ILCS 5/24-1.11 new | | | 7 | | 720 ILCS 5/24-1.12 new | | | 8 | | 720 ILCS 5/24-2 | | | 9 | | 720 ILCS 5/24-4 | from Ch. 38, par. 24-4 | | 10 | | 720 ILCS 5/24-5 | from Ch. 38, par. 24-5 |
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