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92_SB0600
LRB9207825RCcd
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
5 changing 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
10 of 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
15 of 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
21 within the past 5 years and has any firearms or firearm
22 ammunition in his possession; or
23 (5) He is mentally retarded and has any firearms or
24 firearm ammunition in his possession; or
25 (6) He has in his possession any explosive bullet.
26 For purposes of this paragraph "explosive bullet" means
27 the projectile portion of an ammunition cartridge which
28 contains or carries an explosive charge which will explode
29 upon contact with the flesh of a human or an animal.
30 "Cartridge" means a tubular metal case having a projectile
31 affixed at the front thereof and a cap or primer at the rear
-2- LRB9207825RCcd
1 end thereof, with the propellant contained in such tube
2 between the projectile and the cap; or
3 (b) Sentence.
4 Unlawful possession of firearms, other than handguns, and
5 firearm ammunition is a Class A misdemeanor. Unlawful
6 possession of handguns is a Class 4 felony.
7 (c) The provisions of any ordinance or resolution
8 adopted before, on, or after the effective date of this
9 amendatory Act of the 92nd General Assembly by any unit of
10 local government that imposes restrictions or limitations on
11 the acquisition, possession, transportation, storage,
12 purchase, sale, or other dealing in rifles and shotguns and
13 ammunition, components, accessories, and accoutrements of
14 rifles and shotguns in a manner other than those that are
15 imposed by subsection (a) of this Section are invalid, except
16 as authorized by this Code, and all those existing ordinances
17 and resolutions are void.
18 (d) A unit of local government, including a home rule
19 unit, may not regulate the acquisition, possession,
20 transportation, storage, purchase, sale, or other dealing in
21 rifles and shotguns, and may not regulate ammunition,
22 components, accessories, or accoutrements for rifles and
23 shotguns in a manner more restrictive than provided in
24 subsection (a). This Section is limitation under subsection
25 (i) of Section 6 of Article VII of the Illinois Constitution
26 on the concurrent exercise by home rule units of powers and
27 functions exercised by the State.
28 (Source: P.A. 91-696, eff. 4-13-00.)
29 Section 99. Effective date. This Act takes effect upon
30 becoming law.