State of Illinois
Public Acts
92nd General Assembly

[ Home ]  [ ILCS ] [ Search ] [ Bottom ]
 [ Other General Assemblies ]

Public Act 92-0423

HB2315 Enrolled                                LRB9204434ARsb

    AN ACT concerning criminal law.

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

    Section 2.  The Firearm Owners Identification Card Act is
amended by adding Section 3.2 as follows:

    (430 ILCS 65/3.2 new)
    Sec.  3.2.  List  of  prohibited  projectiles;  notice to
dealers.  Prior to January 1, 2002, the Department  of  State
Police shall list on the Department's World Wide Web site all
firearm   projectiles  that  are  prohibited  under  Sections
24-2.1, 24-2.2, and 24-3.2 of  the  Criminal  Code  of  1961,
together with a statement setting forth the sentence that may
be  imposed  for  violating those Sections. The Department of
State Police shall, prior to January 1, 2002, send a list  of
all  firearm  projectiles  that are prohibited under Sections
24-2.1, 24-2.2, and 24-3.2 of the Criminal Code  of  1961  to
each federally licensed firearm dealer in Illinois registered
with the Department.

    Section  5.   The  Criminal  Code  of  1961 is amended by
changing Sections 24-2.1, 24-2.2, and 24-3.2 as follows:

    (720 ILCS 5/24-2.1) (from Ch. 38, par. 24-2.1)
    Sec. 24-2.1.  Unlawful use of firearm  projectiles  Armor
Piercing Bullets.
    (a)  A  person  commits  the  offense  of unlawful use of
firearm projectiles armor piercing bullets  when  he  or  she
knowingly   manufactures,  sells,  purchases,  possesses,  or
carries any armor piercing bullet,  dragon's  breath  shotgun
shell, bolo shell, or flechette shell.
    For the purposes of this Section:,
    "Armor  piercing  bullet"  means  any  handgun  bullet or
handgun  ammunition  with  projectiles  or  projectile  cores
constructed entirely (excluding the  presence  of  traces  of
other  substances)  from tungsten alloys, steel, iron, brass,
bronze,  beryllium  copper  or  depleted  uranium,  or  fully
jacketed bullets larger than 22 caliber designed and intended
for use in a handgun and whose jacket has a  weight  of  more
than 25% of the total weight of the projectile, and excluding
those  handgun  projectiles  whose cores are composed of soft
materials such as lead or lead alloys, zinc or  zinc  alloys,
frangible   projectiles   designed   primarily  for  sporting
purposes, and any other projectiles or projectile cores  that
the  U.  S.  Secretary  of the Treasury finds to be primarily
intended to be  used  for  sporting  purposes  or  industrial
purposes   or  that  otherwise  does  not  constitute  "armor
piercing ammunition" as that term is defined by federal law.
    The definition contained herein shall not be construed to
include shotgun shells.
    "Dragon's breath shotgun shell" means any  shotgun  shell
that   contains  exothermic  pyrophoric  mesh  metal  as  the
projectile and is designed for the  purpose  of  throwing  or
spewing a flame or fireball to simulate a flame-thrower.
    "Bolo  shell"  means  any  shell  that  can be fired in a
firearm and expels as  projectiles  2  or  more  metal  balls
connected by solid metal wire.
    "Flechette  shell" means any shell that can be fired in a
firearm and expels 2 or more pieces of  fin-stabilized  solid
metal wire or 2 or more solid dart-type projectiles.
    (b)  Exemptions.   This  Section  does  not  apply  to or
affect any of the following:
         (1)  Peace officers.
         (2)  Wardens,   superintendents   and   keepers   of
    prisons, penitentiaries, jails and other institutions for
    the detention of  persons  accused  or  convicted  of  an
    offense.
         (3)  Members of the Armed Services or Reserve Forces
    of the United States or the Illinois National Guard while
    in the performance of their official duties.
         (4)  Federal  officials  required to carry firearms,
    while  engaged  in  the  performance  of  their  official
    duties.
         (5)  United States Marshals, while  engaged  in  the
    performance of their official duties.
         (6)  Persons   licensed   under   federal   law   to
    manufacture,   import,   or  sell  firearms  and  firearm
    ammunition, and actually engaged in  any  such  business,
    but  only with respect to activities which are within the
    lawful scope of such business, such as  the  manufacture,
    transportation, or testing of such bullets or ammunition.
         This   exemption  does  not  authorize  the  general
    private possession of any armor piercing bullet, dragon's
    breath shotgun shell, bolo shell, or flechette shell, but
    only such possession and activities which are within  the
    lawful  scope  of  a  licensed business described in this
    paragraph.
         (7)  Laboratories having a  department  of  forensic
    ballistics   or   specializing   in  the  development  of
    ammunition or explosive ordnance.
         (8)  Manufacture, transportation, or sale  of  armor
    piercing  bullets,  dragon's  breath shotgun shells, bolo
    shells,  or  flechette  shells  to  persons  specifically
    authorized under  paragraphs  (1)  through  (7)  of  this
    subsection to possess such bullets or shells.
    (c)  An  information or indictment based upon a violation
of  this  Section  need  not  negate  any  exemption   herein
contained.   The  defendant  shall have the burden of proving
such an exemption.
    (d)  Sentence.  A person convicted  of  unlawful  use  of
armor piercing bullets shall be guilty of a Class 3 felony.
(Source: P.A. 90-172, eff. 1-1-98.)

    (720 ILCS 5/24-2.2) (from Ch. 38, par. 24-2.2)
    Sec. 24-2.2.  Manufacture, sale or transfer of bullets or
shells  represented  to  be  armor piercing bullets, dragon's
breath shotgun shells, bolo shells, or flechette shells.
    (a)  Except  as  provided  in  subsection  (b)  of   this
Section,   it   is  unlawful  for  any  person  to  knowingly
manufacture, sell, offer to sell, or transfer any  bullet  or
shell  which is represented to be an armor piercing bullet, a
dragon's breath shotgun shell, a bolo shell, or  a  flechette
shell  armor  piercing  as  defined in Section 24-2.1 of this
Code.
    (b)  Exemptions.  This  Section  does  not  apply  to  or
affect   any   person  authorized  under  Section  24-2.1  to
manufacture, sell, purchase,  possess,  or  carry  any  armor
piercing  bullet  or  any dragon's breath shotgun shell, bolo
shell, or flechette shell with respect  to  activities  which
are within the lawful scope of the exemption therein granted.
    (c)  An  information or indictment based upon a violation
of  this  Section  need  not  negate  any  exemption   herein
contained.   The  defendant  shall have the burden of proving
such an exemption and that the activities forming  the  basis
of  any criminal charge brought pursuant to this Section were
within the lawful scope of such exemption.
    (d)  Sentence.  A violation of this Section  Manufacture,
sale, or transfer of bullets represented to be armor piercing
bullets is a Class 4 felony.
(Source: P.A. 90-172, eff. 1-1-98.)

    (720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)
    Sec. 24-3.2.  Unlawful discharge of  firearm  projectiles
Armor Piercing Bullets.
    (a)  A  person  commits the offense of unlawful discharge
of firearm projectiles armor piercing bullets when he or  she
knowingly  or  recklessly  uses  an  armor  piercing  bullet,
dragon's breath shotgun shell, bolo shell, or flechette shell
in violation of this Section.
    For purposes of this Section:,
    "Armor  piercing  bullet"  means  any  handgun  bullet or
handgun  ammunition  with  projectiles  or  projectile  cores
constructed entirely (excluding the  presence  of  traces  of
other  substances)  from tungsten alloys, steel, iron, brass,
bronze,  beryllium  copper  or  depleted  uranium,  or  fully
jacketed bullets larger than 22 caliber whose  jacket  has  a
weight   of  more  than  25%  of  the  total  weight  of  the
projectile, and excluding  those  handgun  projectiles  whose
cores  are  composed  of  soft materials such as lead or lead
alloys, zinc or zinc alloys, frangible  projectiles  designed
primarily for sporting purposes, and any other projectiles or
projectile  cores  that  the  U. S. Secretary of the Treasury
finds to be  primarily  intended  to  be  used  for  sporting
purposes  or  industrial  purposes or that otherwise does not
constitute  "armor  piercing  ammunition"  as  that  term  is
defined by federal law.
    "Dragon's breath shotgun shell" means any  shotgun  shell
that   contains  exothermic  pyrophoric  mesh  metal  as  the
projectile and is designed for the  purpose  of  throwing  or
spewing a flame or fireball to simulate a flame-thrower.
    "Bolo  shell"  means  any  shell  that  can be fired in a
firearm and expels as  projectiles  2  or  more  metal  balls
connected by solid metal wire.
    "Flechette  shell" means any shell that can be fired in a
firearm and expels 2 or more pieces of  fin-stabilized  solid
metal wire or 2 or more solid dart-type projectiles.
    (b)  A  person  commits  a Class X felony when he or she,
knowing that a firearm, as defined  in  Section  1.1  of  the
Firearm  Owners  Identification  Card  Act, is loaded with an
armor piercing bullet, dragon's breath  shotgun  shell,  bolo
shell,   or  flechette  shell,  intentionally  or  recklessly
discharges such firearm and such bullet or shell strikes  any
other person.
    (c)  Any  person who possesses, concealed on or about his
or her person, an  armor  piercing  bullet,  dragon's  breath
shotgun  shell,  bolo shell, or flechette shell and a firearm
suitable for the discharge thereof is guilty  of  a  Class  2
felony.
    (d)  This  Section does not apply to or affect any of the
following:
         (1)  Peace officers;
         (2)  Wardens,   superintendents   and   keepers   of
    prisons, penitentiaries, jails and other institutions for
    the detention of  persons  accused  or  convicted  of  an
    offense;
         (3)  Members of the Armed Services or Reserve Forces
    of the United States or the Illinois National Guard while
    in the performance of their official duties;
         (4)  Federal  officials  required to carry firearms,
    while  engaged  in  the  performance  of  their  official
    duties;
         (5)  United States Marshals, while  engaged  in  the
    performance of their official duties.
(Source: P.A. 90-172, eff. 1-1-98.)

    Section  99.   Effective  date.  This Act takes effect on
January 1, 2002.
    Passed in the General Assembly May 22, 2001.
    Approved August 17, 2001.

[ Top ]