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| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
90_SB0107
720 ILCS 5/24-2.1 from Ch. 38, par. 24-2.1
720 ILCS 5/24-2.2 from Ch. 38, par. 24-2.2
720 ILCS 5/24-3.2 from Ch. 38, par. 24-3.2
Amends the Criminal Code of 1961. Changes various
offenses relating to metal piercing bullets. Redefines these
offenses to relate to armor piercing bullets. Defines armor
piercing bullets.
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1 AN ACT to amend the Criminal Code of 1961 by changing
2 Sections 24-2.1, 24-2.2, and 24-3.2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Sections 24-2.1, 24-2.2, and 24-3.2 as follows:
7 (720 ILCS 5/24-2.1) (from Ch. 38, par. 24-2.1)
8 Sec. 24-2.1. Unlawful Use of Armor Metal Piercing
9 Bullets. (a) A person commits the offense of unlawful use of
10 armor metal piercing bullets when he or she knowingly
11 manufactures, sells, purchases, possesses, or carries any
12 armor metal piercing bullet.
13 For the purposes of this Section, "armor metal piercing
14 bullet" means any handgun bullet or handgun ammunition with
15 projectiles or projectile cores constructed entirely
16 (excluding the presence of traces of other substances) from
17 tungsten alloys, steel, iron, brass, bronze, beryllium,
18 copper or depleted uranium, or jacketed bullets larger than
19 22 caliber whose jacket has a weight for more than 25% of the
20 total weight of the projectile, and excluding those handgun
21 projectiles whose cores are composed of soft materials such
22 as lead or lead alloys, frangible projectiles designed
23 primarily for target shooting, and any other projectiles or
24 projectile cores that the U. S. Secretary of the Treasury
25 finds to be primarily intended to be used for sporting
26 purposes or industrial purposes or that otherwise does not
27 constitute "armor piercing ammunition" as that term is
28 defined by federal law polytetrafluoroethylene-coated
29 bullets; jacketed bullets with other than lead or lead alloy
30 cores; and ammunition of which the bullet itself is wholly
31 composed of a metal or metal alloy other than lead.
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1 The definition contained herein shall not be construed to
2 include shotgun shells.
3 (b) Exemptions. This Section does not apply to or
4 affect any of the following:
5 (1) Peace officers.
6 (2) Wardens, superintendents and keepers of prisons,
7 penitentiaries, jails and other institutions for the
8 detention of persons accused or convicted of an offense.
9 (3) Members of the Armed Services or Reserve Forces of
10 the United States or the Illinois National Guard while in the
11 performance of their official duties.
12 (4) Federal officials required to carry firearms, while
13 engaged in the performance of their official duties.
14 (5) United States Marshals, while engaged in the
15 performance of their official duties.
16 (6) Persons licensed under federal law to manufacture,
17 import, or sell firearms and firearm ammunition, and actually
18 engaged in any such business, but only with respect to
19 activities which are within the lawful scope of such
20 business, such as the manufacture, transportation, or testing
21 of such bullets or ammunition.
22 This exemption does not authorize the general private
23 possession of any metal or armor piercing bullet, but only
24 such possession and activities which are within the lawful
25 scope of a licensed business described in this paragraph.
26 (7) Laboratories having a department of forensic
27 ballistics or specializing in the development of ammunition
28 or explosive ordnance.
29 (8) Manufacture, transportation or sale of metal or
30 armor piercing bullets to persons specifically authorized
31 under paragraphs (1) through (7) of this subsection to
32 possess such bullets.
33 (c) An information or indictment based upon a violation
34 of this Section need not negate any exemption herein
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1 contained. The defendant shall have the burden of proving
2 such an exemption.
3 (d) Sentence. A person convicted of unlawful use of
4 armor metal piercing bullets shall be guilty of a Class 3
5 felony.
6 (Source: P.A. 82-934.)
7 (720 ILCS 5/24-2.2) (from Ch. 38, par. 24-2.2)
8 Sec. 24-2.2. Manufacture, sale or transfer of bullets
9 represented to be armor metal piercing bullets. (a) Except
10 as provided in subsection (b) of this Section, it is unlawful
11 for any person to knowingly manufacture, sell, offer to sell,
12 or transfer any bullet which is represented to be metal or
13 armor piercing as defined in Section 24-2.1 of this Code; to
14 be polytetrafluoroethylene coated; to be jacketed and have a
15 core other than lead or lead alloy; or to be wholly composed
16 of a metal or metal alloy other than lead.
17 (b) Exemptions. This Section does not apply to or
18 affect any person authorized under Section 24-2.1 to
19 manufacture, sell, purchase, possess, or carry any armor
20 metal piercing bullet with respect to activities which are
21 within the lawful scope of the exemption therein granted.
22 (c) An information or indictment based upon a violation
23 of this Section need not negate any exemption herein
24 contained. The defendant shall have the burden of proving
25 such an exemption and that the activities forming the basis
26 of any criminal charge brought pursuant to this Section were
27 within the lawful scope of such exemption.
28 (d) Sentence. Manufacture, sale, or transfer of bullets
29 represented to be armor metal piercing bullets is a Class 4
30 felony.
31 (Source: P.A. 82-934.)
32 (720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)
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1 Sec. 24-3.2. Unlawful Discharge of Armor Metal Piercing
2 Bullets. (a) A person commits the offense of unlawful
3 discharge of armor metal piercing bullets when he or she
4 knowingly or recklessly uses an armor a metal piercing bullet
5 in violation of this Section. For purposes of this Section,
6 "armor metal piercing bullet" means any handgun bullet or
7 handgun ammunition with projectiles or projectile cores
8 constructed entirely (excluding the presence of traces of
9 other substances) from tungsten alloys, steel, iron, brass,
10 bronze, beryllium, copper or depleted uranium, or jacketed
11 bullets larger than 22 caliber whose jacket has a weight of
12 more than 25% of the total weight of the projectile, and
13 excluding those handgun projectiles whose cores are composed
14 of soft materials such as lead or lead alloys, frangible
15 projectiles designed primarily for target shooting, and any
16 other projectiles or projectile cores that the U. S.
17 Secretary of the Treasury finds to be primarily intended to
18 be used for sporting purposes or industrial purposes or that
19 otherwise does not constitute "armor piercing ammunition" as
20 that term is defined by federal law
21 polytetrafluoroethylene-coated bullets; jacketed bullets with
22 other than lead or lead alloy cores; and ammunition of which
23 the bullet itself is wholly composed of a metal or metal
24 alloy other than lead. The definition contained herein shall
25 not be construed to include shotgun shells.
26 (b) A person commits a Class X felony when he or she,
27 knowing that a firearm, as defined in Section 1.1 of "the
28 Firearm Owners Identification Card Act An Act relating to the
29 acquisition, possession and transfer of firearms and firearm
30 ammunition, to provide a penalty for the violation thereof
31 and to make an appropriation in connection therewith",
32 approved August 3, 1967, as amended", is loaded with an armor
33 a metal piercing bullet, intentionally or recklessly
34 discharges such firearm and such bullet strikes any other
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1 person.
2 (c) Any person who possesses, concealed on or about his
3 or her person, an armor a metal piercing bullet and a firearm
4 suitable for the discharge thereof is guilty of a Class 2
5 felony.
6 (d) This Section does not apply to or affect any of the
7 following:
8 (1) Peace officers;
9 (2) Wardens, superintendents and keepers of prisons,
10 penitentiaries, jails and other institutions for the
11 detention of persons accused or convicted of an offense;
12 (3) Members of the Armed Services or Reserve Forces of
13 the United States or the Illinois National Guard while in the
14 performance of their official duties;
15 (4) Federal officials required to carry firearms, while
16 engaged in the performance of their official duties;
17 (5) United States Marshals, while engaged in the
18 performance of their official duties.
19 (Source: P.A. 82-1026.)