SB2166 99TH GENERAL ASSEMBLY

LRB099 13569 RLC 37513 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2166

Introduced 8/4/2015, by Sen. Ira I. Silverstein

SYNOPSIS AS INTRODUCED:

720 ILCS 5/24-11 new

Amends the Criminal Code of 2012. Provides that it is a Class B misdemeanor 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, paint pellet, or paint pellet gun in the State. Provides that each replica firearm shall have as an integral part, permanently affixed, a blaze orange plug inserted in the barrel of the replica firearm. Provides that the plug shall be recessed no more than 6 millimeters from the muzzle end of the barrel of the firearm. Provides exceptions. Provides that each purchase, use, sale, gift, or transfer of any replica firearm, paint pellet, or paint pellet gun 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, paint pellet, or paint pellet gun in violation of this provision is a separate and distinct offense. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

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. Replica firearms and pellet guns.

(a) In this Section:

"Paint pellet gun" means any firearm, toy firearm or toy in the nature of a firearm which is powered by compressed gas and which fires paint pellets.

"Replica firearm" means any device, object or facsimile 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, including, but not limited to, mobile phone cases, lighters, and cameras, except that the term does not include any replica of an antique firearm, as defined in 18 U.S.C. 921(a)(16).

(b) 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, paint pellet, or paint pellet gun in this State, except as provided in subsection (c) of this Section. Each replica firearm shall have as an integral part, permanently affixed, a blaze orange plug inserted in the barrel of the replica firearm. The plug shall be recessed no more than 6 millimeters from the muzzle end of the barrel of the firearm.

(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. The use or possession of a paint pellet or paint pellet gun is permitted if the use or possession is solely within premises licensed as a public place of amusement; or if the use or possession is solely for the purpose of transporting the paint pellet or paint pellet gun to or from those premises by the licensee or agent or employee of the licensee, or by a common carrier, for purposes of initial delivery, repair, or disposal of the paint pellet or paint pellet gun.

(d) Sentence. A person who violates this Section is guilty of a Class B misdemeanor. Each purchase, use, sale, gift, or transfer of any replica firearm, paint pellet, or paint pellet gun 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, paint pellet, or paint pellet gun in violation of this Section is a separate and distinct offense.

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