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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
90_SB0107enr
720 ILCS 5/24-2.1 from Ch. 38, par. 24-2.1
720 ILCS 5/24-2.2 from Ch. 38, par. 24-2.2
720 ILCS 5/24-3.2 from Ch. 38, par. 24-3.2
Amends the Criminal Code of 1961. Changes various
offenses relating to metal piercing bullets. Redefines these
offenses to relate to armor piercing bullets. Defines armor
piercing bullets.
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1 AN ACT to amend the Criminal Code of 1961 by changing
2 Sections 24-2.1, 24-2.2, and 24-3.2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Sections 24-2.1, 24-2.2, and 24-3.2 as follows:
7 (720 ILCS 5/24-2.1) (from Ch. 38, par. 24-2.1)
8 Sec. 24-2.1. Unlawful Use of Armor Metal Piercing
9 Bullets. (a) A person commits the offense of unlawful use of
10 armor metal piercing bullets when he or she knowingly
11 manufactures, sells, purchases, possesses, or carries any
12 armor metal piercing bullet.
13 For the purposes of this Section, "armor metal piercing
14 bullet" means any handgun bullet or handgun ammunition with
15 projectiles or projectile cores constructed entirely
16 (excluding the presence of traces of other substances) from
17 tungsten alloys, steel, iron, brass, bronze, beryllium copper
18 or depleted uranium, or fully jacketed bullets larger than 22
19 caliber designed and intended for use in a handgun and whose
20 jacket has a weight of more than 25% of the total weight of
21 the projectile, and excluding those handgun projectiles whose
22 cores are composed of soft materials such as lead or lead
23 alloys, zinc or zinc alloys, frangible projectiles designed
24 primarily for sporting purposes, and any other projectiles or
25 projectile cores that the U. S. Secretary of the Treasury
26 finds to be primarily intended to be used for sporting
27 purposes or industrial purposes or that otherwise does not
28 constitute "armor piercing ammunition" as that term is
29 defined by federal law polytetrafluoroethylene-coated
30 bullets; jacketed bullets with other than lead or lead alloy
31 cores; and ammunition of which the bullet itself is wholly
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1 composed of a metal or metal alloy other than lead.
2 The definition contained herein shall not be construed to
3 include shotgun shells.
4 (b) Exemptions. This Section does not apply to or
5 affect any of the following:
6 (1) Peace officers.
7 (2) Wardens, superintendents and keepers of prisons,
8 penitentiaries, jails and other institutions for the
9 detention of persons accused or convicted of an offense.
10 (3) Members of the Armed Services or Reserve Forces of
11 the United States or the Illinois National Guard while in the
12 performance of their official duties.
13 (4) Federal officials required to carry firearms, while
14 engaged in the performance of their official duties.
15 (5) United States Marshals, while engaged in the
16 performance of their official duties.
17 (6) Persons licensed under federal law to manufacture,
18 import, or sell firearms and firearm ammunition, and actually
19 engaged in any such business, but only with respect to
20 activities which are within the lawful scope of such
21 business, such as the manufacture, transportation, or testing
22 of such bullets or ammunition.
23 This exemption does not authorize the general private
24 possession of any metal or armor piercing bullet, but only
25 such possession and activities which are within the lawful
26 scope of a licensed business described in this paragraph.
27 (7) Laboratories having a department of forensic
28 ballistics or specializing in the development of ammunition
29 or explosive ordnance.
30 (8) Manufacture, transportation or sale of metal or
31 armor piercing bullets to persons specifically authorized
32 under paragraphs (1) through (7) of this subsection to
33 possess such bullets.
34 (c) An information or indictment based upon a violation
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1 of this Section need not negate any exemption herein
2 contained. The defendant shall have the burden of proving
3 such an exemption.
4 (d) Sentence. A person convicted of unlawful use of
5 armor metal piercing bullets shall be guilty of a Class 3
6 felony.
7 (Source: P.A. 82-934.)
8 (720 ILCS 5/24-2.2) (from Ch. 38, par. 24-2.2)
9 Sec. 24-2.2. Manufacture, sale or transfer of bullets
10 represented to be armor metal piercing bullets. (a) Except
11 as provided in subsection (b) of this Section, it is unlawful
12 for any person to knowingly manufacture, sell, offer to sell,
13 or transfer any bullet which is represented to be metal or
14 armor piercing as defined in Section 24-2.1 of this Code; to
15 be polytetrafluoroethylene coated; to be jacketed and have a
16 core other than lead or lead alloy; or to be wholly composed
17 of a metal or metal alloy other than lead.
18 (b) Exemptions. This Section does not apply to or
19 affect any person authorized under Section 24-2.1 to
20 manufacture, sell, purchase, possess, or carry any armor
21 metal piercing bullet with respect to activities which are
22 within the lawful scope of the exemption therein granted.
23 (c) An information or indictment based upon a violation
24 of this Section need not negate any exemption herein
25 contained. The defendant shall have the burden of proving
26 such an exemption and that the activities forming the basis
27 of any criminal charge brought pursuant to this Section were
28 within the lawful scope of such exemption.
29 (d) Sentence. Manufacture, sale, or transfer of bullets
30 represented to be armor metal piercing bullets is a Class 4
31 felony.
32 (Source: P.A. 82-934.)
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1 (720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)
2 Sec. 24-3.2. Unlawful Discharge of Armor Metal Piercing
3 Bullets. (a) A person commits the offense of unlawful
4 discharge of armor metal piercing bullets when he or she
5 knowingly or recklessly uses an armor a metal piercing bullet
6 in violation of this Section. For purposes of this Section,
7 "armor metal piercing bullet" means any handgun bullet or
8 handgun ammunition with projectiles or projectile cores
9 constructed entirely (excluding the presence of traces of
10 other substances) from tungsten alloys, steel, iron, brass,
11 bronze, beryllium copper or depleted uranium, or fully
12 jacketed bullets larger than 22 caliber whose jacket has a
13 weight of more than 25% of the total weight of the
14 projectile, and excluding those handgun projectiles whose
15 cores are composed of soft materials such as lead or lead
16 alloys, zinc or zinc alloys, frangible projectiles designed
17 primarily for sporting purposes, and any other projectiles or
18 projectile cores that the U. S. Secretary of the Treasury
19 finds to be primarily intended to be used for sporting
20 purposes or industrial purposes or that otherwise does not
21 constitute "armor piercing ammunition" as that term is
22 defined by federal law polytetrafluoroethylene-coated
23 bullets; jacketed bullets with other than lead or lead alloy
24 cores; and ammunition of which the bullet itself is wholly
25 composed of a metal or metal alloy other than lead. The
26 definition contained herein shall not be construed to include
27 shotgun shells.
28 (b) A person commits a Class X felony when he or she,
29 knowing that a firearm, as defined in Section 1.1 of "the
30 Firearm Owners Identification Card Act An Act relating to the
31 acquisition, possession and transfer of firearms and firearm
32 ammunition, to provide a penalty for the violation thereof
33 and to make an appropriation in connection therewith",
34 approved August 3, 1967, as amended", is loaded with an armor
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1 a metal piercing bullet, intentionally or recklessly
2 discharges such firearm and such bullet strikes any other
3 person.
4 (c) Any person who possesses, concealed on or about his
5 or her person, an armor a metal piercing bullet and a firearm
6 suitable for the discharge thereof is guilty of a Class 2
7 felony.
8 (d) This Section does not apply to or affect any of the
9 following:
10 (1) Peace officers;
11 (2) Wardens, superintendents and keepers of prisons,
12 penitentiaries, jails and other institutions for the
13 detention of persons accused or convicted of an offense;
14 (3) Members of the Armed Services or Reserve Forces of
15 the United States or the Illinois National Guard while in the
16 performance of their official duties;
17 (4) Federal officials required to carry firearms, while
18 engaged in the performance of their official duties;
19 (5) United States Marshals, while engaged in the
20 performance of their official duties.
21 (Source: P.A. 82-1026.)