95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0501


 
Introduced 2/8/2007, by Sen. Gary Forby
 
SYNOPSIS AS INTRODUCED:
 		













720 ILCS 5/24-3.1
  from Ch. 38, par. 24-3.1








    Amends the Criminal Code
of 1961.  Provides that the provisions of any ordinance or
resolution of a unit of local government  that impose restrictions or
limitations on the acquisition, possession, transportation, storage, purchase,
sale, or
other dealing in rifles and shotguns, and ammunition, components, accessories,
and accoutrements of rifles and shotguns other than those imposed by the
statute concerning the unlawful possession of firearms and firearm ammunition
are void.  Preempts home rule.  Effective immediately.
















LRB095 09825 RLC 30036 b

















HOME RULE NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB0501

LRB095 09825 RLC 30036 b






1
    AN ACT in relation to 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 1961 is amended by changing 
5
Section 24-3.1
as follows:


 



6
    (720 ILCS 5/24-3.1)  (from Ch. 38, par. 24-3.1)


7
    Sec. 24-3.1. Unlawful possession of firearms and firearm 
8
ammunition. 

9
    (a) A person commits the offense of unlawful possession of 
10
firearms
or firearm ammunition when:


11
        (1) He is under 18 years of age and has in his 
12
    possession
any firearm of
a size which may be concealed 
13
    upon the person; or


14
        (2) He is under 21 years of age, has been convicted of 
15
    a misdemeanor
other than a traffic offense or adjudged 
16
    delinquent and has
any firearms or
firearm ammunition in 
17
    his possession; or


18
        (3) He is a narcotic addict and has
any firearms or 
19
    firearm ammunition
in his possession; or


20
        (4) He has been a patient in a mental hospital within 
21
    the past 5 years
and has
any firearms or firearm ammunition 
22
    in his possession; or


23
        (5) He is mentally retarded and has
any firearms or 
 


 






SB0501
- 2 -
LRB095 09825 RLC 30036 b




1
    firearm ammunition
in his possession; or


2
        (6) He has in his possession any explosive bullet.

3
    For purposes of this paragraph "explosive bullet" means the 
4
projectile
portion of an ammunition cartridge which contains or 
5
carries an explosive
charge which will explode upon contact 
6
with the flesh of a human or an animal.
"Cartridge" means a 
7
tubular metal case having a projectile affixed at the
front 
8
thereof and a cap or primer at the rear end thereof, with the 
9
propellant
contained in such tube between the projectile and 
10
the cap. ; or

11
    (b) Sentence.

12
    Unlawful possession of firearms, other than handguns, and 
13
firearm
ammunition is a Class A misdemeanor.  Unlawful 
14
possession of handguns is a
Class 4 felony. The possession of 
15
each firearm or firearm ammunition in violation of this Section 
16
constitutes a single and separate violation.


17
    (c) Nothing in paragraph (1) of subsection (a) of this 
18
Section prohibits
a person under 18 years of age from 
19
participating in any lawful recreational
activity with a 
20
firearm such as, but not limited to, practice shooting at

21
targets upon established public or private target ranges or 
22
hunting, trapping,
or fishing in accordance with the Wildlife 
23
Code or the Fish and Aquatic Life
Code.

24
    (d) The provisions of any ordinance or resolution adopted 
25
before, on, or
after the effective date of this amendatory Act 
26
of the 95th General Assembly by
any unit of local government 
 


 






SB0501
- 3 -
LRB095 09825 RLC 30036 b




1
that imposes restrictions or limitations on the
acquisition, 
2
possession, transportation, storage, purchase, sale, or other

3
dealing in rifles and shotguns and ammunition, components, 
4
accessories, and
accoutrements of rifles and shotguns in a 
5
manner other than those that are
imposed by subsection (a) of 
6
this Section are invalid, except as authorized by
this Code, 
7
and all those existing ordinances and resolutions are void.

8
    (e) A unit of local government, including a home rule unit, 
9
may not regulate
the acquisition, possession, transportation, 
10
storage, purchase, sale, or
other dealing in rifles and 
11
shotguns, and may not regulate ammunition,
components, 
12
accessories, or accoutrements for rifles and shotguns in a 
13
manner
other than the manner provided in subsection (a).  This 
14
Section is a
limitation
under subsection (i) of Section 6 of 
15
Article VII of the Illinois
Constitution on the concurrent 
16
exercise by home rule units of powers and
functions exercised 
17
by the State.

18
(Source: P.A. 94-284, eff. 7-21-05; revised 8-23-05.)


 
19
    Section 99. Effective date. This Act takes effect upon 
20
becoming law.