USG prosecutors are increasingly turning intra-marital disputes into federal cases for the purpose of disarming American males (archived).
Meanwhile, Illinois is looking to test legislation mandating serializing handgun ammunition with no grandfather clause allowing private possession of ammunition purchased before the serialization requirements go into effect (archived). The text of the proposed bill singles out .22 caliber rimfire ammunition as subject to the serialization requirement, and each round of traditional unserialized ammunition would count as a seperate offense. This is a serious problem for target shooters who buy .22 long rifle by the 500 round brick. The full text of the Illinois proposal scheduled for a hearing in committee tomorrow is presented below:
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB1586
Introduced , by Rep. Sonya M. Harper
SYNOPSIS AS INTRODUCED:
See Index
Amends the Criminal Code of 2012. Provides that beginning January 1, 2020, all handgun ammunition that is manufactured, imported into the State for sale or personal use, kept for sale, offered or exposed for sale, sold, given, lent, or possessed shall be serialized. Provides that beginning January 1, 2020, any person who manufactures, causes to be manufactured, imports into the State for sale or personal use, keeps for sale, offers or exposes for sale, or who gives or lends any handgun ammunition that is not serialized is guilty of a Class A misdemeanor. Provides that beginning January 1, 2020, any person who possesses in any public place any handgun ammunition that is not serialized is guilty of a Class C misdemeanor. Provides exceptions. Provides that beginning January 1, 2020, the Department of State Police shall maintain a centralized registry of all reports of handgun ammunition transactions reported to the Department in a manner prescribed by the Department. Provides that information in the registry, upon proper application for that information, shall be furnished to peace officers and authorized employees of the Department of State Police or to the person listed in the registry as the owner of the particular handgun ammunition. Provides that the Department of State Police shall adopt rules relating to the assessment and collection of end-user fees in an amount not to exceed $0.005 per round of handgun ammunition or per bullet, in which the accumulated fee amount may not exceed the cost to pay for the infrastructure, implementation, operational, enforcement, and future development costs of these provisions. Effective January 1, 2020, except some provisions effective immediately.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
HB1586 LRB101 07440 SLF 52482 b
1 AN ACT concerning 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 2012 is amended by changing
5 Sections 24-2, 24-4 and 24-5 and by adding Sections 24-0.05,
6 24-1.9, 24-1.10, 24-1.11, and 24-1.12 as follows:
7 (720 ILCS 5/24-0.05 new)
8 Sec. 24-0.05. Definitions. In this Article:
9 "Department" means the Department of State Police.
10 "Handgun ammunition" means ammunition principally for use
11 in pistols, revolvers, and other firearms capable of being
12 concealed upon the person, notwithstanding that the ammunition
13 may also be used in some rifles.
14 "Manufacturer", "ammunition manufacturer", or "registered
15 handgun ammunition manufacturer" means any person that
16 manufactures handgun ammunition within this State or
17 manufactures handgun ammunition with the intent to distribute
18 that ammunition for purposes, within this State, of sale, loan,
19 or transfer.
20 "Pistol", "revolver", and "firearm capable of being
21 concealed upon the person" applies to and includes any device
22 designed to be used as a weapon, from which is expelled a
23 projectile by the force of any explosion, or other form of
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1 combustion, and that has a barrel less than 16 inches in
2 length. These terms also include any device that has a barrel
3 16 inches or more in length which is designed to be
4 interchanged with a barrel less than 16 inches in length.
5 "Public place" means an area open to the public and
6 includes, but is not limited to, streets, sidewalks, bridges,
7 alleys, plazas, parks, driveways, front yards, parking lots,
8 including motor vehicles in these areas, whether moving or not,
9 and buildings open to the general public, including those that
10 serve food or drink, or provide entertainment, and the doorways
11 and entrances to buildings or dwellings.
12 "Retail mercantile establishment" has the meaning ascribed
13 to it in Section 16-0.1 of this Code.
14 "Serialized" means:
15 (1) the handgun ammunition has been identified in a
16 manner prescribed by the Department of State Police so that
17 all assembled handgun ammunition contained within a
18 package provided for retail sale, or as otherwise specified
19 by the Department, is uniquely identified;
20 (2) bullets used for reloading or handloading
21 contained within a package provided for retail sale, or as
22 otherwise specified by the Department, are uniquely
23 identified;
24 (3) identification of the manufacturer of the items
25 described in subdivisions (1) and (2) of this definition;
26 (4) identification on the exterior of the items
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1 described in subdivisions (1) and (2) of this definition in
2 a manner that permits visual inspection for the purpose of
3 determining if the assembled handgun ammunition or bullet
4 is serialized;
5 (5) identification on the exterior of the items
6 described in subdivisions (1) and (2) of this definition in
7 a manner that is maintained subsequent to the discharge of
8 the handgun ammunition and subsequent to the impact of the
9 bullet, based on standards prescribed by the Department;
10 and
11 (6) identification on the exterior of every package or
12 container of serialized handgun ammunition, as prescribed
13 by the Department, with the same unique identifiers used on
14 the assembled handgun ammunition or bullets contained
15 within the packaging or container. A package or container
16 shall not be labeled with the same unique identifiers as
17 any other package or container by the same manufacturer.
18 "Serialized handgun ammunition" means any of the
19 following, which are subject to serialization under this
20 Article:
21 (1) handgun ammunition;
22 (2) .22 caliber rimfire ammunition;
23 (3) assembled handgun ammunition packaged for retail
24 sale; or
25 (4) bullets used for reloading or handloading handgun
26 ammunition that are packaged for retail sale.
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1 "Serialized handgun ammunition" does not include blank
2 cartridges, shot-shells, or projectiles used in black powder
3 handguns.
4 (720 ILCS 5/24-1.9 new)
5 Sec. 24-1.9. Serialization of handgun ammunition.
6 (a) The Department of State Police shall enforce the
7 requirements of the handgun serialization program and other
8 provisions of Sections 24-1.9 through 24-1.12 of this Code. The
9 Department may prescribe the manner in which handgun ammunition
10 is serialized in order to comply with Section 24-1.10 of this
11 Code, including, but not limited to, determining how handgun
12 ammunition that is loose, packaged, in lots, series, or
13 otherwise aggregated for purposes of manufacture or sale shall
14 be serialized with a unique identifier, under Section 24-1.10.
15 The Department shall adopt rules implementing this Section no
16 later than January 1, 2020.
17 (b) The Department may:
18 (1) adopt rules relating to the assessment and
19 collection of end-user fees in an amount not to exceed
20 $0.005 per round of handgun ammunition or per bullet, in
21 which the accumulated fee amount may not exceed the cost to
22 pay for the infrastructure, implementation, operational,
23 enforcement, and future development costs of Sections
24 24-1.9 through 24-1.12;
25 (2) adopt rules relating to the implementation and
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1 furtherance of a retail handgun ammunition vendor's
2 registry and the assessment and collection of fees
3 associated with the registration program in an amount not
4 to exceed $50 per year per retail location, adjusted
5 annually for inflation based upon the Consumer Price Index
6 for the North Central Region as published by the United
7 States Department of Labor, Bureau of Labor Statistics for
8 the immediately preceding calendar year, in which the
9 accumulated fee amount may not exceed the cost to pay for
10 the infrastructure, implementation, operational,
11 enforcement, and future development costs of Sections
12 24-1.9 through 24-1.12; or
13 (3) adopt or amend rules relating to this Section in an
14 effort to incorporate new technologies as they become
15 available.
16 (720 ILCS 5/24-1.10 new)
17 Sec. 24-1.10. Unlawful manufacture, sale, or transfer of
18 non-serialized handgun ammunition; unlawful possession of
19 non-serialized handgun ammunition; penalties.
20 (a) Beginning January 1, 2020, and except as provided in
21 subsection (g-15) of Section 24-2, a person commits unlawful
22 manufacture, sale, or transfer of non-serialized handgun
23 ammunition when he or she knowingly manufactures, causes to be
24 manufactured, imports into this State for sale or personal use,
25 keeps for sale, offers or exposes for sale, or gives or lends
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1 any handgun ammunition that is not serialized. A violation of
2 this subsection (a) is a Class A misdemeanor.
3 (b) Beginning January 1, 2020, and except as provided in
4 subsection (g-15) of Section 24-2, a person commits unlawful
5 possession of non-serialized handgun ammunition when he or she
6 knowingly possesses in any public place any handgun ammunition
7 that is not serialized. A violation of this subsection is a
8 Class C misdemeanor.
9 (c) Beginning January 1, 2020, and except as provided in
10 subsection (g-15) of Section 24-2, a person commits unlawful
11 possession of non-serialized handgun ammunition when he or she
12 knowingly possesses non-serialized ammunition for a rifle
13 having one or more barrels less than 16 inches in length or a
14 shotgun having one or more barrels less than 18 inches in
15 length or any weapon made from a rifle or shotgun, whether by
16 alteration, modification, or otherwise, if the weapon as
17 modified has an overall length of less than 26 inches. A
18 violation of this subsection is a Class C misdemeanor.
19 (d) For purposes of Sections 24-1.9 through 24-1.12, the
20 possession of each round of non-serialized handgun ammunition
21 or bullets constitutes a separate and distinct offense.
22 (720 ILCS 5/24-1.11 new)
23 Sec. 24-1.11. Unlawful retail sale of handgun ammunition.
24 (a)(1) Beginning January 1, 2020, a person commits unlawful
25 retail sale of handgun ammunition if he or she knowingly
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1 engages in the retail sale of handgun ammunition and sells,
2 leases, or transfers serialized handgun ammunition without
3 being a registered handgun ammunition vendor as described in
4 paragraph (2) of this subsection (a). A violation of this
5 paragraph (1) is a Class A misdemeanor.
6 (2) As used in this Section, "vendor", "ammunition vendor",
7 or "registered handgun ammunition vendor" means any person who
8 is engaged in the retail sale of handgun ammunition and has all
9 of the following:
10 (A) any regulatory or business license, or licenses,
11 required by a unit of local government;
12 (B) a valid Retailers Occupation Tax Registration
13 Number issued by the Department of Revenue; and
14 (C) is recorded in the centralized handgun ammunition
15 vendor's registry specified in subsection (b) of this
16 Section.
17 (b) The Department of State Police shall maintain a
18 centralized registry of all persons under subparagraphs (A)
19 through (C), inclusive, of paragraph (2) of subsection (a) of
20 this Section. The Department may remove from this registry any
21 person who violates this Article. Upon removal of a vendor from
22 this registry, notification shall be provided to local law
23 enforcement and licensing authorities in the jurisdiction
24 where the vendor's business is located.
25 (c) The Department of State Police may inspect handgun
26 ammunition vendors to ensure compliance with this Article.
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1 Nothing in this Section prohibits any unit of local government
2 from adopting one or more ordinances relating to the inspection
3 of handgun ammunition vendors.
4 (d) Any vendor, agent, or employee of the vendor who sells
5 or otherwise transfers ownership of any serialized handgun
6 ammunition shall record the following information in a format
7 prescribed by the Department of State Police:
8 (1) the date of the transaction;
9 (2) the name of the transferee;
10 (3) the transferee's driver's license number or other
11 government issued identification card number and the
12 governmental agency that issued the identification;
13 (4) in order to validate a transferee's age and ensure
14 compliance with paragraphs (a) and (b) of subsection (A) of
15 Section 24-3, the date of birth of the transferee;
16 (5) the unique identifier, as described in Section
17 24-0.05, of all serialized handgun ammunition or bullets
18 transferred; and
19 (6) all other information prescribed by the
20 Department.
21 (e) On the date the vendor delivers the handgun ammunition
22 to the transferee, he or she shall report the information
23 required in subsection (d) to the Department of State Police in
24 a manner prescribed by the Department. A copy of the records
25 required by this Section shall be maintained on the premises of
26 the vendor for a period of not less than 3 years from the date
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1 of the recorded transfer. The records shall be subject to
2 inspection at any time during normal business hours by any
3 peace officer, or by any authorized employee of the Department,
4 if the inspection relates to an investigation in which access
5 to those records is or may be relevant to that investigation,
6 is seeking information about persons prohibited from owning a
7 firearm or handgun ammunition, or is engaged in ensuring
8 compliance with this Article, the Firearm Owners
9 Identification Card Act, the Firearm Concealed Carry Act, or
10 any other laws pertaining to firearms.
11 (f) Any vendor or employee or agent of a vendor who
12 knowingly fails to comply with, or falsifies the records
13 required to be kept by subsection (e) is guilty of a Class A
14 misdemeanor.
15 (g) Proof that a vendor or his or her agent or employee
16 demanded, was shown, and acted in reliance upon, bona fide
17 evidence of identity shall be a defense to any criminal
18 prosecution under this Section if reliance upon the proof of
19 identity was reasonable.
20 (h) Any person who presents false identification to a
21 vendor with the intent to avoid the recording requirements of
22 this Section is guilty of a Class A misdemeanor.
23 (i) Any vendor who refuses to permit a person authorized
24 under subsection (e) to examine any record prepared in
25 accordance with this Section during any inspection conducted
26 under this Section is guilty of a Class A misdemeanor.
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1 (j) Persons engaged in the non-commercial reloading of
2 ammunition may adopt voluntary personal serialization
3 protocols.
4 (720 ILCS 5/24-1.12 new)
5 Sec. 24-1.12. Unlawful commercial manufacture of
6 serialized handgun ammunition.
7 (a) Beginning January 1, 2020, a person commits unlawful
8 commercial manufacture of serialized handgun ammunition when
9 he or she knowingly engages in the commercial manufacture of
10 serialized handgun ammunition and sells, loans, or transfers
11 serialized handgun ammunition within this State, without being
12 a registered handgun ammunition manufacturer. A violation of
13 this subsection (a) is a Class A misdemeanor.
14 (b) Manufacturers shall:
15 (1) register with the Department of State Police in a
16 manner prescribed by the Department;
17 (2) maintain records on the business premises for a
18 period of 7 years concerning all sales, loans, and
19 transfers of handgun ammunition, to, from, or within this
20 State; and
21 (3) comply with all other rules concerning handgun
22 ammunition manufacture and sale adopted by the Department.
23 (c) Any manufacturer who knowingly fails to comply with the
24 provisions of this Section is liable for a civil fine payable
25 to the Department of State Police of not more than $1,000 for a
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1 first violation, not more than $5,000 for a second violation,
2 and not more than $10,000 for a third and subsequent violation.
3 A civil action to enforce this Section may be brought by a
4 municipal attorney, State's Attorney, or the Attorney General.
5 This subsection (c) does not preclude any other remedy
6 available under State law.
7 (d) The Department may inspect handgun ammunition
8 manufacturers to ensure compliance with this Section.
9 (720 ILCS 5/24-2)
10 Sec. 24-2. Exemptions.
11 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
12 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of
13 the following:
14 (1) Peace officers, and any person summoned by a peace
15 officer to assist in making arrests or preserving the
16 peace, while actually engaged in assisting such officer.
17 (2) Wardens, superintendents and keepers of prisons,
18 penitentiaries, jails and other institutions for the
19 detention of persons accused or convicted of an offense,
20 while in the performance of their official duty, or while
21 commuting between their homes and places of employment.
22 (3) Members of the Armed Services or Reserve Forces of
23 the United States or the Illinois National Guard or the
24 Reserve Officers Training Corps, while in the performance
25 of their official duty.
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1 (4) Special agents employed by a railroad or a public
2 utility to perform police functions, and guards of armored
3 car companies, while actually engaged in the performance of
4 the duties of their employment or commuting between their
5 homes and places of employment; and watchmen while actually
6 engaged in the performance of the duties of their
7 employment.
8 (5) Persons licensed as private security contractors,
9 private detectives, or private alarm contractors, or
10 employed by a private security contractor, private
11 detective, or private alarm contractor agency licensed by
12 the Department of Financial and Professional Regulation,
13 if their duties include the carrying of a weapon under the
14 provisions of the Private Detective, Private Alarm,
15 Private Security, Fingerprint Vendor, and Locksmith Act of
16 2004, while actually engaged in the performance of the
17 duties of their employment or commuting between their homes
18 and places of employment. A person shall be considered
19 eligible for this exemption if he or she has completed the
20 required 20 hours of training for a private security
21 contractor, private detective, or private alarm
22 contractor, or employee of a licensed private security
23 contractor, private detective, or private alarm contractor
24 agency and 20 hours of required firearm training, and has
25 been issued a firearm control card by the Department of
26 Financial and Professional Regulation. Conditions for the
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1 renewal of firearm control cards issued under the
2 provisions of this Section shall be the same as for those
3 cards issued under the provisions of the Private Detective,
4 Private Alarm, Private Security, Fingerprint Vendor, and
5 Locksmith Act of 2004. The firearm control card shall be
6 carried by the private security contractor, private
7 detective, or private alarm contractor, or employee of the
8 licensed private security contractor, private detective,
9 or private alarm contractor agency at all times when he or
10 she is in possession of a concealable weapon permitted by
11 his or her firearm control card.
12 (6) Any person regularly employed in a commercial or
13 industrial operation as a security guard for the protection
14 of persons employed and private property related to such
15 commercial or industrial operation, while actually engaged
16 in the performance of his or her duty or traveling between
17 sites or properties belonging to the employer, and who, as
18 a security guard, is a member of a security force
19 registered with the Department of Financial and
20 Professional Regulation; provided that such security guard
21 has successfully completed a course of study, approved by
22 and supervised by the Department of Financial and
23 Professional Regulation, consisting of not less than 40
24 hours of training that includes the theory of law
25 enforcement, liability for acts, and the handling of
26 weapons. A person shall be considered eligible for this
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1 exemption if he or she has completed the required 20 hours
2 of training for a security officer and 20 hours of required
3 firearm training, and has been issued a firearm control
4 card by the Department of Financial and Professional
5 Regulation. Conditions for the renewal of firearm control
6 cards issued under the provisions of this Section shall be
7 the same as for those cards issued under the provisions of
8 the Private Detective, Private Alarm, Private Security,
9 Fingerprint Vendor, and Locksmith Act of 2004. The firearm
10 control card shall be carried by the security guard at all
11 times when he or she is in possession of a concealable
12 weapon permitted by his or her firearm control card.
13 (7) Agents and investigators of the Illinois
14 Legislative Investigating Commission authorized by the
15 Commission to carry the weapons specified in subsections
16 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
17 any investigation for the Commission.
18 (8) Persons employed by a financial institution as a
19 security guard for the protection of other employees and
20 property related to such financial institution, while
21 actually engaged in the performance of their duties,
22 commuting between their homes and places of employment, or
23 traveling between sites or properties owned or operated by
24 such financial institution, and who, as a security guard,
25 is a member of a security force registered with the
26 Department; provided that any person so employed has
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1 successfully completed a course of study, approved by and
2 supervised by the Department of Financial and Professional
3 Regulation, consisting of not less than 40 hours of
4 training which includes theory of law enforcement,
5 liability for acts, and the handling of weapons. A person
6 shall be considered to be eligible for this exemption if he
7 or she has completed the required 20 hours of training for
8 a security officer and 20 hours of required firearm
9 training, and has been issued a firearm control card by the
10 Department of Financial and Professional Regulation.
11 Conditions for renewal of firearm control cards issued
12 under the provisions of this Section shall be the same as
13 for those issued under the provisions of the Private
14 Detective, Private Alarm, Private Security, Fingerprint
15 Vendor, and Locksmith Act of 2004. The firearm control card
16 shall be carried by the security guard at all times when he
17 or she is in possession of a concealable weapon permitted
18 by his or her firearm control card. For purposes of this
19 subsection, "financial institution" means a bank, savings
20 and loan association, credit union or company providing
21 armored car services.
22 (9) Any person employed by an armored car company to
23 drive an armored car, while actually engaged in the
24 performance of his duties.
25 (10) Persons who have been classified as peace officers
26 pursuant to the Peace Officer Fire Investigation Act.
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1 (11) Investigators of the Office of the State's
2 Attorneys Appellate Prosecutor authorized by the board of
3 governors of the Office of the State's Attorneys Appellate
4 Prosecutor to carry weapons pursuant to Section 7.06 of the
5 State's Attorneys Appellate Prosecutor's Act.
6 (12) Special investigators appointed by a State's
7 Attorney under Section 3-9005 of the Counties Code.
8 (12.5) Probation officers while in the performance of
9 their duties, or while commuting between their homes,
10 places of employment or specific locations that are part of
11 their assigned duties, with the consent of the chief judge
12 of the circuit for which they are employed, if they have
13 received weapons training according to requirements of the
14 Peace Officer and Probation Officer Firearm Training Act.
15 (13) Court Security Officers while in the performance
16 of their official duties, or while commuting between their
17 homes and places of employment, with the consent of the
18 Sheriff.
19 (13.5) A person employed as an armed security guard at
20 a nuclear energy, storage, weapons or development site or
21 facility regulated by the Nuclear Regulatory Commission
22 who has completed the background screening and training
23 mandated by the rules and regulations of the Nuclear
24 Regulatory Commission.
25 (14) Manufacture, transportation, or sale of weapons
26 to persons authorized under subdivisions (1) through
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1 (13.5) of this subsection to possess those weapons.
2 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
3 to or affect any person carrying a concealed pistol, revolver,
4 or handgun and the person has been issued a currently valid
5 license under the Firearm Concealed Carry Act at the time of
6 the commission of the offense.
7 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
8 24-1.6 do not apply to or affect any of the following:
9 (1) Members of any club or organization organized for
10 the purpose of practicing shooting at targets upon
11 established target ranges, whether public or private, and
12 patrons of such ranges, while such members or patrons are
13 using their firearms on those target ranges.
14 (2) Duly authorized military or civil organizations
15 while parading, with the special permission of the
16 Governor.
17 (3) Hunters, trappers or fishermen with a license or
18 permit while engaged in hunting, trapping or fishing.
19 (4) Transportation of weapons that are broken down in a
20 non-functioning state or are not immediately accessible.
21 (5) Carrying or possessing any pistol, revolver, stun
22 gun or taser or other firearm on the land or in the legal
23 dwelling of another person as an invitee with that person's
24 permission.
25 (c) Subsection 24-1(a)(7) does not apply to or affect any
26 of the following:
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1 (1) Peace officers while in performance of their
2 official duties.
3 (2) Wardens, superintendents and keepers of prisons,
4 penitentiaries, jails and other institutions for the
5 detention of persons accused or convicted of an offense.
6 (3) Members of the Armed Services or Reserve Forces of
7 the United States or the Illinois National Guard, while in
8 the performance of their official duty.
9 (4) Manufacture, transportation, or sale of machine
10 guns to persons authorized under subdivisions (1) through
11 (3) of this subsection to possess machine guns, if the
12 machine guns are broken down in a non-functioning state or
13 are not immediately accessible.
14 (5) Persons licensed under federal law to manufacture
15 any weapon from which 8 or more shots or bullets can be
16 discharged by a single function of the firing device, or
17 ammunition for such weapons, and actually engaged in the
18 business of manufacturing such weapons or ammunition, but
19 only with respect to activities which are within the lawful
20 scope of such business, such as the manufacture,
21 transportation, or testing of such weapons or ammunition.
22 This exemption does not authorize the general private
23 possession of any weapon from which 8 or more shots or
24 bullets can be discharged by a single function of the
25 firing device, but only such possession and activities as
26 are within the lawful scope of a licensed manufacturing
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1 business described in this paragraph.
2 During transportation, such weapons shall be broken
3 down in a non-functioning state or not immediately
4 accessible.
5 (6) The manufacture, transport, testing, delivery,
6 transfer or sale, and all lawful commercial or experimental
7 activities necessary thereto, of rifles, shotguns, and
8 weapons made from rifles or shotguns, or ammunition for
9 such rifles, shotguns or weapons, where engaged in by a
10 person operating as a contractor or subcontractor pursuant
11 to a contract or subcontract for the development and supply
12 of such rifles, shotguns, weapons or ammunition to the
13 United States government or any branch of the Armed Forces
14 of the United States, when such activities are necessary
15 and incident to fulfilling the terms of such contract.
16 The exemption granted under this subdivision (c)(6)
17 shall also apply to any authorized agent of any such
18 contractor or subcontractor who is operating within the
19 scope of his employment, where such activities involving
20 such weapon, weapons or ammunition are necessary and
21 incident to fulfilling the terms of such contract.
22 (7) A person possessing a rifle with a barrel or
23 barrels less than 16 inches in length if: (A) the person
24 has been issued a Curios and Relics license from the U.S.
25 Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)
26 the person is an active member of a bona fide, nationally
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1 recognized military re-enacting group and the modification
2 is required and necessary to accurately portray the weapon
3 for historical re-enactment purposes; the re-enactor is in
4 possession of a valid and current re-enacting group
5 membership credential; and the overall length of the weapon
6 as modified is not less than 26 inches.
7 (d) Subsection 24-1(a)(1) does not apply to the purchase,
8 possession or carrying of a black-jack or slung-shot by a peace
9 officer.
10 (e) Subsection 24-1(a)(8) does not apply to any owner,
11 manager or authorized employee of any place specified in that
12 subsection nor to any law enforcement officer.
13 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
14 Section 24-1.6 do not apply to members of any club or
15 organization organized for the purpose of practicing shooting
16 at targets upon established target ranges, whether public or
17 private, while using their firearms on those target ranges.
18 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
19 to:
20 (1) Members of the Armed Services or Reserve Forces of
21 the United States or the Illinois National Guard, while in
22 the performance of their official duty.
23 (2) Bonafide collectors of antique or surplus military
24 ordnance.
25 (3) Laboratories having a department of forensic
26 ballistics, or specializing in the development of
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1 ammunition or explosive ordnance.
2 (4) Commerce, preparation, assembly or possession of
3 explosive bullets by manufacturers of ammunition licensed
4 by the federal government, in connection with the supply of
5 those organizations and persons exempted by subdivision
6 (g)(1) of this Section, or like organizations and persons
7 outside this State, or the transportation of explosive
8 bullets to any organization or person exempted in this
9 Section by a common carrier or by a vehicle owned or leased
10 by an exempted manufacturer.
11 (g-5) Subsection 24-1(a)(6) does not apply to or affect
12 persons licensed under federal law to manufacture any device or
13 attachment of any kind designed, used, or intended for use in
14 silencing the report of any firearm, firearms, or ammunition
15 for those firearms equipped with those devices, and actually
16 engaged in the business of manufacturing those devices,
17 firearms, or ammunition, but only with respect to activities
18 that are within the lawful scope of that business, such as the
19 manufacture, transportation, or testing of those devices,
20 firearms, or ammunition. This exemption does not authorize the
21 general private possession of any device or attachment of any
22 kind designed, used, or intended for use in silencing the
23 report of any firearm, but only such possession and activities
24 as are within the lawful scope of a licensed manufacturing
25 business described in this subsection (g-5). During
26 transportation, these devices shall be detached from any weapon
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1 or not immediately accessible.
2 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
3 24-1.6 do not apply to or affect any parole agent or parole
4 supervisor who meets the qualifications and conditions
5 prescribed in Section 3-14-1.5 of the Unified Code of
6 Corrections.
7 (g-7) Subsection 24-1(a)(6) does not apply to a peace
8 officer while serving as a member of a tactical response team
9 or special operations team. A peace officer may not personally
10 own or apply for ownership of a device or attachment of any
11 kind designed, used, or intended for use in silencing the
12 report of any firearm. These devices shall be owned and
13 maintained by lawfully recognized units of government whose
14 duties include the investigation of criminal acts.
15 (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
16 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
17 athlete's possession, transport on official Olympic and
18 Paralympic transit systems established for athletes, or use of
19 competition firearms sanctioned by the International Olympic
20 Committee, the International Paralympic Committee, the
21 International Shooting Sport Federation, or USA Shooting in
22 connection with such athlete's training for and participation
23 in shooting competitions at the 2016 Olympic and Paralympic
24 Games and sanctioned test events leading up to the 2016 Olympic
25 and Paralympic Games.
26 (g-15) Subsections 24-1.10 (a) and 24-1.10 (b) do not apply
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1 to or affect any of the following:
2 (1) Possession, for purposes of investigation or
3 disposition of any non-serialized handgun ammunition, by a
4 forensic laboratory or any authorized agent or employee of
5 that laboratory in the course and scope of his or her
6 authorized activities.
7 (2) Possession, for purposes of investigation,
8 evidence, or disposition, of any non-serialized handgun
9 ammunition by any State or unit of local government agency
10 charged with law enforcement or by the Department of State
11 Police or by any authorized agent or employee of the
12 agency, within the course and scope of his or her official
13 duties.
14 (3) Possession, for purposes of disposal, or the
15 disposal, of non-serialized handgun ammunition by an
16 executor or administrator of an estate if all of the
17 following are met:
18 (A) the non-serialized handgun ammunition was
19 lawfully possessed, included within the estate, and
20 the executor or administrator possesses or disposes of
21 the non-serialized handgun ammunition in a manner
22 consistent with this Article.
23 (B) the disposition is to a person or entity that
24 may possess the non-serialized handgun ammunition in a
25 manner consistent with this Article and possession is
26 otherwise lawful; and
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1 (C) the disposition transfers the non-serialized
2 handgun ammunition out of this State or to a law
3 enforcement agency for disposition.
4 (4) Possession of non-serialized handgun ammunition
5 for purposes of transporting it to a law enforcement agency
6 for disposition, if possession is otherwise lawful, and if
7 the law enforcement agency has been notified prior to
8 delivery of the handgun ammunition.
9 (5) Possession of non-serialized handgun ammunition by
10 peace officers from other states during the discharge of
11 their official duties in this State.
12 (6) Possession of non-serialized handgun ammunition by
13 members of the Armed Services or Reserve Forces of the
14 United States or the Illinois National Guard or the Reserve
15 Officers Training Corps, while in the performance of their
16 official duties.
17 (7) Possession or exhibition of non-serialized handgun
18 ammunition by a museum or collector, in a fixed or mobile
19 exhibit or for educational purposes.
20 (8) Transportation of non-serialized handgun
21 ammunition by those permitted to be in possession of that
22 ammunition and firearms for that ammunition from their
23 residence to public and private shooting events and ranges
24 for a period of 10 years after the effective date of this
25 amendatory act of the 101st General Assembly.
26 (9) Transfer of non-serialized handgun ammunition from
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1 a retail mercantile establishment in this state to another
2 retail mercantile establishment outside of this State.
3 (10) Possession of non-serialized handgun ammunition
4 inventory by a retail mercantile establishment
5 manufactured before January 1, 2020 and possessed by the
6 retail mercantile establishment until that inventory is
7 sold or exhausted in compliance with this Article.
8 (11) Possession of non-serialized handgun ammunition
9 by a person issued a concealed carry license by the
10 Department of State Police under the Firearm Concealed
11 Carry Act or issued a Firearm Owner's Identification Card
12 by the Department under the Firearm Owners Identification
13 Card Act on his or her person, in a firearm, or in a
14 vehicle for 15 years after the effective date of this
15 amendatory Act of the 101st General Assembly.
16 (12) Possession of non-serialized handgun ammunition
17 by persons engaged in the development of new calibers, new
18 rifles, new handguns, and ammunition that is used in those
19 rifles and handguns or modifications to existing rifles or
20 handguns. Possession of non-serialized handgun ammunition
21 under this paragraph (12) must be in compliance with this
22 Article, the number of rounds must not exceed 15,000, must
23 be used solely for development purposes, and must be
24 transported with the firearms for which they are used.
25 (13) Possession of non-serialized handgun ammunition
26 by persons engaged in the non-commercial reloading of
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1 ammunition.
2 (14) Possession and storage of non-serialized handgun
3 ammunition in the owner's dwelling, farm, or farm
4 outbuilding, or while at a public or private firearm range.
5 (15) Possession of non-serialized handgun ammunition
6 by persons involved in the protection of dignitaries from
7 domestic or foreign governments under the direction and
8 authorization of the Department of State Police, which may
9 charge a fee for use of that ammunition which shall not
10 exceed the cost of that ammunition to the Department.
11 (16) Ammunition used in black powder firearms
12 regardless of the date of manufacture of the firearms.
13 (17) Projectiles that are determined by the Department
14 of State Police to be less than lethal that may be fired
15 from devices that are in possession of persons lawfully
16 able to possess those devices.
17 (g-16) The Department of State Police shall annually review
18 the exemptions contained in subsection (g-15) of this Section
19 and make recommendations to the Governor and General Assembly
20 for changes in exemptions permitted by subsection (g-15).
21 (h) An information or indictment based upon a violation of
22 any subsection of this Article need not negative any exemptions
23 contained in this Article. The defendant shall have the burden
24 of proving such an exemption.
25 (i) Nothing in this Article shall prohibit, apply to, or
26 affect the transportation, carrying, or possession, of any
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1 pistol or revolver, stun gun, taser, or other firearm consigned
2 to a common carrier operating under license of the State of
3 Illinois or the federal government, where such transportation,
4 carrying, or possession is incident to the lawful
5 transportation in which such common carrier is engaged; and
6 nothing in this Article shall prohibit, apply to, or affect the
7 transportation, carrying, or possession of any pistol,
8 revolver, stun gun, taser, or other firearm, not the subject of
9 and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
10 this Article, which is unloaded and enclosed in a case, firearm
11 carrying box, shipping box, or other container, by the
12 possessor of a valid Firearm Owners Identification Card.
13 (Source: P.A. 99-174, eff. 7-29-15; 100-201, eff. 8-18-17.)
14 (720 ILCS 5/24-4) (from Ch. 38, par. 24-4)
15 Sec. 24-4. Register of sales by dealer.
16 (a) Any seller of firearms of a size which may be concealed
17 upon the person, other than a manufacturer selling to a bona
18 fide wholesaler or retailer or a wholesaler selling to a bona
19 fide retailer, shall keep a register of all firearms sold or
20 given away.
21 (b) Such register shall contain the date of the sale or
22 gift, the name, address, age and occupation of the person to
23 whom the weapon is sold or given, the price of the weapon, the
24 kind, description and number of the weapon, and the purpose for
25 which it is purchased and obtained.
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1 (c) Such seller on demand of a peace officer shall produce
2 for inspection the register and allow such peace officer to
3 inspect such register and all stock on hand.
4 (c-5) Beginning January 1, 2020, the Department of State
5 Police shall maintain a centralized registry of all reports of
6 handgun ammunition transactions reported to the Department
7 under Section 24-1.11, in a manner prescribed by the
8 Department. Information in the registry, upon proper
9 application for that information, shall be furnished to the
10 officers listed in Section 24-1.11, or to the person listed in
11 the registry as the owner of the particular handgun ammunition.
12 (d) Sentence.
13 Violation of this Section is a Class B misdemeanor.
14 (Source: P.A. 77-2638.)
15 (720 ILCS 5/24-5) (from Ch. 38, par. 24-5)
16 Sec. 24-5. Defacing identification marks of firearms.
17 (a) Any person who shall knowingly or intentionally change,
18 alter, remove or obliterate the name of the importer's or
19 manufacturer's serial number of any firearm commits a Class 2
20 felony.
21 (b) A person who possesses any firearm upon which any such
22 importer's or manufacturer's serial number has been changed,
23 altered, removed or obliterated commits a Class 3 felony.
24 (b-5) Beginning January 1, 2020, any person who knowingly
25 destroys, obliterates, or otherwise renders unreadable, the
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1 serialization required under Section 24-1.10, on any bullet or
2 assembled handgun ammunition is guilty of a Class A
3 misdemeanor.
4 (c) Nothing in this Section shall prevent a person from
5 making repairs, replacement of parts, or other changes to a
6 firearm if those repairs, replacement of parts, or changes
7 cause the removal of the name of the maker, model, or other
8 marks of identification other than the serial number on the
9 firearm's frame or receiver.
10 (d) A prosecution for a violation of this Section may be
11 commenced within 6 years after the commission of the offense.
12 (Source: P.A. 93-906, eff. 8-11-04.)
13 Section 99. Effective date. This Act takes effect upon
14 becoming law.
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1 INDEX
2 Statutes amended in order of appearance
3 720 ILCS 5/24-0.05 new
4 720 ILCS 5/24-1.9 new
5 720 ILCS 5/24-1.10 new
6 720 ILCS 5/24-1.11 new
7 720 ILCS 5/24-1.12 new
8 720 ILCS 5/24-2
9 720 ILCS 5/24-4 from Ch. 38, par. 24-4
10 720 ILCS 5/24-5 from Ch. 38, par. 24-5