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91_HB2945
LRB9109415MWgc
1 AN ACT concerning decommissioned police firearms.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Decommissioned Police Firearms Act.
6 Section 5. Definitions. In this Act:
7 "Firearm" means the same as in Section 1.1 of the Firearm
8 Owners Identification Card Act.
9 "Decommissioned firearm" means a firearm that (i) is no
10 longer in service or use by a law enforcement agency or (ii)
11 is involved in the commission of a crime and is no longer
12 needed for evidentiary purposes.
13 Section 10. Prohibition. Except as otherwise provided
14 in this Act, all law enforcement agencies of the State or
15 units of local government are prohibited from the practice of
16 transferring any decommissioned police firearm to any person
17 and must provide for the destruction of all decommissioned
18 firearms.
19 Section 15. Exceptions.
20 (a) A law enforcement agency of the State or a unit of
21 local government may transfer a decommissioned firearm to
22 another law enforcement agency.
23 (b) A law enforcement agency of the State or a unit of
24 local government may allow a peace officer to retain his or
25 her decommissioned firearm upon his or her retirement in good
26 standing.
27 Section 20. Home rule. A home rule unit may not
28 regulate the transfer of decommissioned firearms in a manner
-2- LRB9109415MWgc
1 less restrictive than this Act. This Section is a limitation
2 under subsection (i) of Section 6 of Article VII of the
3 Illinois Constitution on the concurrent exercise by home rule
4 units of powers and functions exercised by the State.