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Public Act 92-0325
SB874 Enrolled LRB9201988RCcd
AN ACT concerning hunting.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Wildlife Code is amended by changing
Section 2.33 as follows:
(520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
Sec. 2.33. Prohibitions.
(a) It is unlawful to carry or possess any gun in any
State refuge unless otherwise permitted by administrative
rule.
(b) It is unlawful to use or possess any snare or
snare-like device, deadfall, net, or pit trap to take any
species, except that snares not powered by springs or other
mechanical devices may be used to trap fur-bearing mammals,
in water sets only, if at least one-half of the snare noose
is located underwater at all times.
(c) It is unlawful for any person at any time to take a
wild mammal protected by this Act from its den by means of
any mechanical device, spade, or digging device or to use
smoke or other gases to dislodge or remove such mammal except
as provided in Section 2.37.
(d) It is unlawful to use a ferret or any other small
mammal which is used in the same or similar manner for which
ferrets are used for the purpose of frightening or driving
any mammals from their dens or hiding places.
(e) (Blank).
(f) It is unlawful to use spears, gigs, hooks or any
like device to take any species protected by this Act.
(g) It is unlawful to use poisons, chemicals or
explosives for the purpose of taking any species protected by
this Act.
(h) It is unlawful to hunt adjacent to or near any peat,
grass, brush or other inflammable substance when it is
burning.
(i) It is unlawful to take, pursue or intentionally
harass or disturb in any manner any wild birds or mammals by
use or aid of any vehicle or conveyance, except as permitted
by the Code of Federal Regulations for the taking of
waterfowl. It is also unlawful to use the lights of any
vehicle or conveyance or any light from or any light
connected to such vehicle or conveyance in any area where
wildlife may be found except in accordance with Section 2.37
of this Act, however, nothing in this Section shall prohibit
the normal use of headlamps for the purpose of driving upon a
roadway and except that striped skunk, opossum, red fox, gray
fox, raccoon and coyote may be taken during the open season
by use of a small light which is worn on the body or
hand-held by a person on foot and not in any vehicle.
(j) It is unlawful to use any shotgun larger than 10
gauge while taking or attempting to take any of the species
protected by this Act.
(k) It is unlawful to use or possess in the field any
shotgun shell loaded with a shot size larger than lead BB or
steel T (.20 diameter) when taking or attempting to take any
species of wild game mammals (excluding white-tailed deer),
wild game birds, migratory waterfowl or migratory game birds
protected by this Act, except white-tailed deer as provided
for in Section 2.26 and other species as provided for by
subsection (l) or administrative rule.
(l) It is unlawful to take any species of wild game,
except white-tailed deer, with a shotgun loaded with slugs
unless otherwise provided for by administrative rule.
(m) It is unlawful to use any shotgun capable of holding
more than 3 shells in the magazine or chamber combined,
except on game breeding and hunting preserve areas licensed
under Section 3.27 and except as permitted by the Code of
Federal Regulations for the taking of waterfowl. If the
shotgun is capable of holding more than 3 shells, it shall,
while being used on an area other than a game breeding and
shooting preserve area licensed pursuant to Section 3.27, be
fitted with a one piece plug that is irremovable without
dismantling the shotgun or otherwise altered to render it
incapable of holding more than 3 shells in the magazine and
chamber, combined.
(n) It is unlawful for any person, except persons who
possess a permit to hunt from a vehicle as provided in this
Section and persons otherwise permitted by law, to have or
carry any gun in or on any vehicle, conveyance or aircraft,
unless such gun is unloaded and enclosed in a case, except
that at field trials authorized by Section 2.34 of this Act,
unloaded guns or guns loaded with blank cartridges only, may
be carried on horseback while not contained in a case, or to
have or carry any bow or arrow device in or on any vehicle
unless such bow or arrow device is unstrung or enclosed in a
case, or otherwise made inoperable.
(o) It is unlawful to use any crossbow for the purpose
of taking any wild birds or mammals, except as provided for
in Section 2.33.
(p) It is unlawful to take game birds, migratory game
birds or migratory waterfowl with a rifle, pistol, revolver
or airgun.
(q) It is unlawful to fire a rifle, pistol, revolver or
airgun on, over or into any waters of this State, including
frozen waters.
(r) It is unlawful to discharge any gun or bow and arrow
device along, upon, across, or from any public right-of-way
or highway in this State.
(s) It is unlawful to use a silencer or other device to
muffle or mute the sound of the explosion or report resulting
from the firing of any gun.
(t) It is unlawful for any person to trap or hunt, or
allow a dog to hunt, within or upon the land of another, or
upon waters flowing over or standing on the land of another,
without first obtaining permission from the owner or tenant.
It shall be prima facie evidence that a person does not have
permission of the owner or tenant if the person is unable to
demonstrate to the law enforcement officer in the field that
permission had been obtained. This provision may only be
rebutted by testimony of the owner or tenant that permission
had been given. Before enforcing this Section the law
enforcement officer must have received notice from the owner
or tenant of a violation of this Section. Statements made to
the law enforcement officer regarding this notice shall not
be rendered inadmissible by the hearsay rule when offered for
the purpose of showing the required notice.
(u) It is unlawful for any person to discharge any
firearm for the purpose of taking any of the species
protected by this Act, or hunt with gun or dog, or allow a
dog to hunt, within 300 yards of an inhabited dwelling
without first obtaining permission from the owner or tenant,
except that while trapping, hunting with bow and arrow,
hunting with dog and shotgun using shot shells only, or
hunting with shotgun using shot shells only, or on licensed
game breeding and hunting preserve areas, as defined in
Section 3.27, on property operated under a Migratory
Waterfowl Hunting Area Permit, on federally owned and managed
lands and on Department owned, managed, leased or controlled
lands, a 100 yard restriction shall apply.
(v) It is unlawful for any person to remove fur-bearing
mammals from, or to move or disturb in any manner, the traps
owned by another person without written authorization of the
owner to do so.
(w) It is unlawful for any owner of a dog to knowingly
or wantonly allow his or her dog to pursue, harass or kill
deer.
(x) It is unlawful for any person to wantonly or
carelessly injure or destroy, in any manner whatsoever, any
real or personal property on the land of another while
engaged in hunting or trapping thereon.
(y) It is unlawful to hunt wild game protected by this
Act between half hour after sunset and half hour before
sunrise except that hunting hours between half hour after
sunset and half hour before sunrise may be established by
administrative rule for fur-bearing mammals.
(z) It is unlawful to take any game bird (excluding wild
turkeys and crippled pheasants not capable of normal flight
and otherwise irretrievable) protected by this Act when not
flying. Nothing in this Section shall prohibit a person from
carrying an uncased, unloaded shotgun in a boat, while in
pursuit of a crippled migratory waterfowl that is incapable
of normal flight, for the purpose of attempting to reduce the
migratory waterfowl to possession, provided that the attempt
is made immediately upon downing the migratory waterfowl and
is done within 400 yards of the blind from which the
migratory waterfowl was downed. This exception shall apply
only to migratory game birds that are not capable of normal
flight. Migratory waterfowl that are crippled may be taken
only with a shotgun as regulated by subsection (j) of this
Section using shotgun shells as regulated in subsection (k)
of this Section.
(aa) It is unlawful to use or possess any device that
may be used for tree climbing or cutting, while hunting
fur-bearing mammals.
(bb) It is unlawful for any person, except licensed game
breeders, pursuant to Section 2.29 to import, carry into or
possess alive in this State, any species of wildlife taken
outside of this State without obtaining permission to do so
from the Director.
(cc) It is unlawful for any person to have in their
possession any freshly killed species protected by this Act
during the season closed for taking.
(dd) It is unlawful to take any species protected by
this Act and retain it alive.
(ee) It is unlawful to possess any rifle while in the
field during gun deer season except as provided in Section
2.26 and administrative rules.
(ff) It is unlawful for any person to take any species
protected by this Act, except migratory waterfowl, during the
gun deer hunting season in those counties open to gun deer
hunting, unless he wears, when in the field, a cap and upper
outer garment of a solid blaze orange color, with such
articles of clothing displaying a minimum of 400 square
inches of blaze orange material.
(gg) It is unlawful during the upland game season for
any person to take upland game with a firearm unless he or
she wears, while in the field, a cap of solid blaze orange
color. For purposes of this Act, upland game is defined as
Bobwhite Quail, Hungarian Partridge, Ring-necked Pheasant,
Eastern Cottontail and Swamp Rabbit.
(hh) It shall be unlawful to kill or cripple any species
protected by this Act for which there is a daily bag limit
without making a reasonable effort to retrieve such species
and include such in the daily bag limit.
This Section shall apply only to those species protected
by this Act taken within the State. Any species or any parts
thereof, legally taken in and transported from other states
or countries may be possessed within the State, except as
provided in this Section and Sections 2.35, 2.36 and 3.21.
Nothing contained in this Section shall prohibit the use
of bow and arrow, or prevent the Director from issuing
permits to use a crossbow to handicapped persons as provided
by administrative rule. As used herein, "handicapped persons"
means those persons who have a permanent physical impairment
due to injury or disease, congenital or acquired, which
renders them so severely disabled as to be unable to use a
conventional bow and arrow device. Permits will be issued
only after the receipt of a physician's statement confirming
the applicant is handicapped as defined above.
Nothing contained in this Section shall prohibit the
Director from issuing permits to paraplegics or to other
disabled persons who meet the requirements set forth in
administrative rule persons physically unable to walk, to
shoot or hunt from a standing vehicle as provided by that
rule, provided that such is otherwise in accord with this
Act.
Nothing contained in this Act shall prohibit the taking
of aquatic life protected by the Fish Code or birds and
mammals protected by this Act, except deer and fur-bearing
mammals, from a boat not camouflaged or disguised to alter
its identity or to further provide a place of concealment and
not propelled by sail or mechanical power. However, only
shotguns not larger than 10 gauge nor smaller than .410 bore
loaded with not more than 3 shells of a shot size no larger
than lead BB or steel T (.20 diameter) may be used to take
species protected by this Act.
Nothing contained in this Act shall prohibit the use of a
shotgun, not larger than 10 gauge nor smaller than a 20
gauge, with a rifled barrel.
(Source: P.A. 90-743, eff. 1-1-99; 91-654, eff. 12-15-99.)
Section 10. The Criminal Code of 1961 is amended by
changing Section 24-2 as follows:
(720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
Sec. 24-2. Exemptions.
(a) Subsections 24-1(a)(3), 24-1(a)(4) and 24-1(a)(10)
and Section 24-1.6 do not apply to or affect any of the
following:
(1) Peace officers, and any person summoned by a
peace officer to assist in making arrests or preserving
the peace, while actually engaged in assisting such
officer.
(2) Wardens, superintendents and keepers of
prisons, penitentiaries, jails and other institutions for
the detention of persons accused or convicted of an
offense, while in the performance of their official duty,
or while commuting between their homes and places of
employment.
(3) Members of the Armed Services or Reserve Forces
of the United States or the Illinois National Guard or
the Reserve Officers Training Corps, while in the
performance of their official duty.
(4) Special agents employed by a railroad or a
public utility to perform police functions, and guards of
armored car companies, while actually engaged in the
performance of the duties of their employment or
commuting between their homes and places of employment;
and watchmen while actually engaged in the performance of
the duties of their employment.
(5) Persons licensed as private security
contractors, private detectives, or private alarm
contractors, or employed by an agency certified by the
Department of Professional Regulation, if their duties
include the carrying of a weapon under the provisions of
the Private Detective, Private Alarm, and Private
Security Act of 1983, while actually engaged in the
performance of the duties of their employment or
commuting between their homes and places of employment,
provided that such commuting is accomplished within one
hour from departure from home or place of employment, as
the case may be. Persons exempted under this subdivision
(a)(5) shall be required to have completed a course of
study in firearms handling and training approved and
supervised by the Department of Professional Regulation
as prescribed by Section 28 of the Private Detective,
Private Alarm, and Private Security Act of 1983, prior to
becoming eligible for this exemption. The Department of
Professional Regulation shall provide suitable
documentation demonstrating the successful completion of
the prescribed firearms training. Such documentation
shall be carried at all times when such persons are in
possession of a concealable weapon.
(6) Any person regularly employed in a commercial
or industrial operation as a security guard for the
protection of persons employed and private property
related to such commercial or industrial operation, while
actually engaged in the performance of his or her duty or
traveling between sites or properties belonging to the
employer, and who, as a security guard, is a member of a
security force of at least 5 persons registered with the
Department of Professional Regulation; provided that such
security guard has successfully completed a course of
study, approved by and supervised by the Department of
Professional Regulation, consisting of not less than 40
hours of training that includes the theory of law
enforcement, liability for acts, and the handling of
weapons. A person shall be considered eligible for this
exemption if he or she has completed the required 20
hours of training for a security officer and 20 hours of
required firearm training, and has been issued a firearm
authorization card by the Department of Professional
Regulation. Conditions for the renewal of firearm
authorization cards issued under the provisions of this
Section shall be the same as for those cards issued under
the provisions of the Private Detective, Private Alarm
and Private Security Act of 1983. Such firearm
authorization card shall be carried by the security guard
at all times when he or she is in possession of a
concealable weapon.
(7) Agents and investigators of the Illinois
Legislative Investigating Commission authorized by the
Commission to carry the weapons specified in subsections
24-1(a)(3) and 24-1(a)(4), while on duty in the course of
any investigation for the Commission.
(8) Persons employed by a financial institution for
the protection of other employees and property related to
such financial institution, while actually engaged in the
performance of their duties, commuting between their
homes and places of employment, or traveling between
sites or properties owned or operated by such financial
institution, provided that any person so employed has
successfully completed a course of study, approved by and
supervised by the Department of Professional Regulation,
consisting of not less than 40 hours of training which
includes theory of law enforcement, liability for acts,
and the handling of weapons. A person shall be considered
to be eligible for this exemption if he or she has
completed the required 20 hours of training for a
security officer and 20 hours of required firearm
training, and has been issued a firearm authorization
card by the Department of Professional Regulation.
Conditions for renewal of firearm authorization cards
issued under the provisions of this Section shall be the
same as for those issued under the provisions of the
Private Detective, Private Alarm and Private Security Act
of 1983. Such firearm authorization card shall be
carried by the person so trained at all times when such
person is in possession of a concealable weapon. For
purposes of this subsection, "financial institution"
means a bank, savings and loan association, credit union
or company providing armored car services.
(9) Any person employed by an armored car company
to drive an armored car, while actually engaged in the
performance of his duties.
(10) Persons who have been classified as peace
officers pursuant to the Peace Officer Fire Investigation
Act.
(11) Investigators of the Office of the State's
Attorneys Appellate Prosecutor authorized by the board of
governors of the Office of the State's Attorneys
Appellate Prosecutor to carry weapons pursuant to Section
7.06 of the State's Attorneys Appellate Prosecutor's Act.
(12) Special investigators appointed by a State's
Attorney under Section 3-9005 of the Counties Code.
(13) Court Security Officers while in the
performance of their official duties, or while commuting
between their homes and places of employment, with the
consent of the Sheriff.
(13.5) A person employed as an armed security guard
at a nuclear energy, storage, weapons or development site
or facility regulated by the Nuclear Regulatory
Commission who has completed the background screening and
training mandated by the rules and regulations of the
Nuclear Regulatory Commission.
(14) Manufacture, transportation, or sale of
weapons to persons authorized under subdivisions (1)
through (13.5) of this subsection to possess those
weapons.
(b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 do not apply to or affect any of the following:
(1) Members of any club or organization organized
for the purpose of practicing shooting at targets upon
established target ranges, whether public or private, and
patrons of such ranges, while such members or patrons are
using their firearms on those target ranges.
(2) Duly authorized military or civil organizations
while parading, with the special permission of the
Governor.
(3) Licensed Hunters, trappers or fishermen with a
license or permit while engaged in hunting, trapping or
fishing.
(4) Transportation of weapons that are broken down
in a non-functioning state or are not immediately
accessible.
(c) Subsection 24-1(a)(7) does not apply to or affect
any of the following:
(1) Peace officers while in performance of their
official duties.
(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 duty.
(4) Manufacture, transportation, or sale of machine
guns to persons authorized under subdivisions (1) through
(3) of this subsection to possess machine guns, if the
machine guns are broken down in a non-functioning state
or are not immediately accessible.
(5) Persons licensed under federal law to
manufacture any weapon from which 8 or more shots or
bullets can be discharged by a single function of the
firing device, or ammunition for such weapons, and
actually engaged in the business of manufacturing such
weapons or ammunition, but only with respect to
activities which are within the lawful scope of such
business, such as the manufacture, transportation, or
testing of such weapons or ammunition. This exemption
does not authorize the general private possession of any
weapon from which 8 or more shots or bullets can be
discharged by a single function of the firing device, but
only such possession and activities as are within the
lawful scope of a licensed manufacturing business
described in this paragraph.
During transportation, such weapons shall be broken
down in a non-functioning state or not immediately
accessible.
(6) The manufacture, transport, testing, delivery,
transfer or sale, and all lawful commercial or
experimental activities necessary thereto, of rifles,
shotguns, and weapons made from rifles or shotguns, or
ammunition for such rifles, shotguns or weapons, where
engaged in by a person operating as a contractor or
subcontractor pursuant to a contract or subcontract for
the development and supply of such rifles, shotguns,
weapons or ammunition to the United States government or
any branch of the Armed Forces of the United States, when
such activities are necessary and incident to fulfilling
the terms of such contract.
The exemption granted under this subdivision (c)(6)
shall also apply to any authorized agent of any such
contractor or subcontractor who is operating within the
scope of his employment, where such activities involving
such weapon, weapons or ammunition are necessary and
incident to fulfilling the terms of such contract.
During transportation, any such weapon shall be
broken down in a non-functioning state, or not
immediately accessible.
(d) Subsection 24-1(a)(1) does not apply to the
purchase, possession or carrying of a black-jack or
slung-shot by a peace officer.
(e) Subsection 24-1(a)(8) does not apply to any owner,
manager or authorized employee of any place specified in that
subsection nor to any law enforcement officer.
(f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
Section 24-1.6 do not apply to members of any club or
organization organized for the purpose of practicing shooting
at targets upon established target ranges, whether public or
private, while using their firearms on those target ranges.
(g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not
apply to:
(1) Members of the Armed Services or Reserve Forces
of the United States or the Illinois National Guard,
while in the performance of their official duty.
(2) Bonafide collectors of antique or surplus
military ordinance.
(3) Laboratories having a department of forensic
ballistics, or specializing in the development of
ammunition or explosive ordinance.
(4) Commerce, preparation, assembly or possession
of explosive bullets by manufacturers of ammunition
licensed by the federal government, in connection with
the supply of those organizations and persons exempted by
subdivision (g)(1) of this Section, or like organizations
and persons outside this State, or the transportation of
explosive bullets to any organization or person exempted
in this Section by a common carrier or by a vehicle owned
or leased by an exempted manufacturer.
(h) An information or indictment based upon a violation
of any subsection of this Article need not negative any
exemptions contained in this Article. The defendant shall
have the burden of proving such an exemption.
(i) Nothing in this Article shall prohibit, apply to, or
affect the transportation, carrying, or possession, of any
pistol or revolver, stun gun, taser, or other firearm
consigned to a common carrier operating under license of the
State of Illinois or the federal government, where such
transportation, carrying, or possession is incident to the
lawful transportation in which such common carrier is
engaged; and nothing in this Article shall prohibit, apply
to, or affect the transportation, carrying, or possession of
any pistol, revolver, stun gun, taser, or other firearm, not
the subject of and regulated by subsection 24-1(a)(7) or
subsection 24-2(c) of this Article, which is unloaded and
enclosed in a case, firearm carrying box, shipping box, or
other container, by the possessor of a valid Firearm Owners
Identification Card.
(Source: P.A. 91-287, eff. 1-1-00; 91-690, eff. 4-13-00.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 16, 2001.
Approved August 09, 2001.
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