HB0258 100TH GENERAL ASSEMBLY

LRB100 04688 RLC 14694 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0258

Introduced , by Rep. Anthony DeLuca

SYNOPSIS AS INTRODUCED:

720 ILCS 5/24-11 new

Amends the Criminal Code of 2012. Provides that it is a petty offense for which a fine of not less than $250 and not more than $750 for a first offense, $500 to $1,000 for a second offense, and $1,000 to $2,500 for a third or subsequent offense shall be imposed, for a person to purchase, possess, conceal, use, sell, give away, or otherwise transfer, or to engage in the business of selling or to exhibit for sale, a replica firearm in the State. Defines "replica firearm" as any mobile phone case made of plastic, wood, metal, or any other material, that a person could reasonably perceive as an actual firearm but that is incapable of being fired or discharged. Provides exceptions. Provides that each purchase, use, sale, gift, or transfer of any replica firearm in violation of this provision shall be deemed a separate and distinct offense, and each day a person unlawfully engages in the business of selling or exhibits for sale any replica firearm in violation of this provision is a separate and distinct offense. Effective June 1, 2017.

A BILL FOR

AN ACT concerning criminal law.

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

Section 5. The Criminal Code of 2012 is amended by adding Section 24-11 as follows:

(720 ILCS 5/24-11 new)

Sec. 24-11. Phone case replica firearm.

(a) In this Section, "replica firearm" means any mobile phone case made of plastic, wood, metal, or any other material, that a person could reasonably perceive as an actual firearm but that is incapable of being fired or discharged.

(b) Except as provided in subsection (c) of this Section, it is unlawful for any person to purchase, possess, conceal, use, sell, give away, or otherwise transfer, or to engage in the business of selling or to exhibit for sale, a replica firearm in this State.

(c) The manufacture, marketing, distribution, sale, and possession of replica firearms are permitted if the devices are manufactured, marketed, distributed, sold, or held solely for subsequent transportation in interstate or foreign commerce. The devices shall not be displayed to the general public or sold for other use in this State.

(d) Sentence. A person who violates this Section is guilty of a petty offense for which a fine of not less than $250 and not more than $750 shall be imposed for a first offense, not less than $500 and not more than $1,000 shall be imposed for a second offense, and not less than $1,000 and not more than $2,500 shall be imposed for a third or subsequent offense. Each purchase, use, sale, gift, or transfer of any replica firearm in violation of this Section is a separate and distinct offense, and each day a person unlawfully engages in the business of selling or exhibits for sale any replica firearm in violation of this Section is a separate and distinct offense.

Section 99. Effective date. This Act takes effect June 1, 2017.