State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Enrolled ][ Senate Amendment 001 ]

90_SB0107eng

      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.
                                                     LRB9001520RCks
SB107 Engrossed                                LRB9001520RCks
 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 copper
18    or depleted uranium, or fully jacketed bullets larger than 22
19    caliber  designed and intended for use in a handgun and whose
20    jacket has a weight of more than 25% of the total  weight  of
21    the projectile, and excluding those handgun projectiles whose
22    cores  are  composed  of  soft materials such as lead or lead
23    alloys, zinc or zinc alloys, frangible  projectiles  designed
24    primarily for sporting purposes, and any other projectiles or
25    projectile  cores  that  the  U. S. Secretary of the Treasury
26    finds to be  primarily  intended  to  be  used  for  sporting
27    purposes  or  industrial  purposes or that otherwise does not
28    constitute  "armor  piercing  ammunition"  as  that  term  is
29    defined   by   federal   law   polytetrafluoroethylene-coated
30    bullets; jacketed bullets with other than lead or lead  alloy
31    cores;  and  ammunition  of which the bullet itself is wholly
SB107 Engrossed             -2-                LRB9001520RCks
 1    composed of a metal or metal alloy other than lead.
 2        The definition contained herein shall not be construed to
 3    include shotgun shells.
 4        (b)  Exemptions.  This  Section  does  not  apply  to  or
 5    affect any of the following:
 6        (1)  Peace officers.
 7        (2)  Wardens,  superintendents  and  keepers  of prisons,
 8    penitentiaries,  jails  and  other   institutions   for   the
 9    detention of persons accused or convicted of an offense.
10        (3)  Members  of  the Armed Services or Reserve Forces of
11    the United States or the Illinois National Guard while in the
12    performance of their official duties.
13        (4)  Federal officials required to carry firearms,  while
14    engaged in the performance of their official duties.
15        (5)  United   States   Marshals,  while  engaged  in  the
16    performance of their official duties.
17        (6)  Persons licensed under federal law  to  manufacture,
18    import, or sell firearms and firearm ammunition, and actually
19    engaged  in  any  such  business,  but  only  with respect to
20    activities  which  are  within  the  lawful  scope  of   such
21    business, such as the manufacture, transportation, or testing
22    of such bullets or ammunition.
23        This  exemption  does  not  authorize the general private
24    possession of any metal or armor piercing  bullet,  but  only
25    such  possession  and  activities which are within the lawful
26    scope of a licensed business described in this paragraph.
27        (7)  Laboratories  having  a   department   of   forensic
28    ballistics  or  specializing in the development of ammunition
29    or explosive ordnance.
30        (8)  Manufacture, transportation  or  sale  of  metal  or
31    armor  piercing  bullets  to  persons specifically authorized
32    under paragraphs  (1)  through  (7)  of  this  subsection  to
33    possess such bullets.
34        (c)  An  information or indictment based upon a violation
SB107 Engrossed             -3-                LRB9001520RCks
 1    of  this  Section  need  not  negate  any  exemption   herein
 2    contained.   The  defendant  shall have the burden of proving
 3    such an exemption.
 4        (d)  Sentence.  A person convicted  of  unlawful  use  of
 5    armor  metal  piercing  bullets  shall be guilty of a Class 3
 6    felony.
 7    (Source: P.A. 82-934.)
 8        (720 ILCS 5/24-2.2) (from Ch. 38, par. 24-2.2)
 9        Sec. 24-2.2.  Manufacture, sale or  transfer  of  bullets
10    represented  to  be armor metal piercing bullets.  (a) Except
11    as provided in subsection (b) of this Section, it is unlawful
12    for any person to knowingly manufacture, sell, offer to sell,
13    or transfer any bullet which is represented to  be  metal  or
14    armor  piercing as defined in Section 24-2.1 of this Code; to
15    be polytetrafluoroethylene coated; to be jacketed and have  a
16    core  other than lead or lead alloy; or to be wholly composed
17    of a metal or metal alloy other than lead.
18        (b)  Exemptions.  This  Section  does  not  apply  to  or
19    affect   any   person  authorized  under  Section  24-2.1  to
20    manufacture, sell, purchase,  possess,  or  carry  any  armor
21    metal  piercing  bullet  with respect to activities which are
22    within the lawful scope of the exemption therein granted.
23        (c)  An information or indictment based upon a  violation
24    of   this  Section  need  not  negate  any  exemption  herein
25    contained.  The defendant shall have the  burden  of  proving
26    such  an  exemption and that the activities forming the basis
27    of any criminal charge brought pursuant to this Section  were
28    within the lawful scope of such exemption.
29        (d)  Sentence.  Manufacture, sale, or transfer of bullets
30    represented  to  be armor metal piercing bullets is a Class 4
31    felony.
32    (Source: P.A. 82-934.)
SB107 Engrossed             -4-                LRB9001520RCks
 1        (720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)
 2        Sec. 24-3.2.  Unlawful Discharge of Armor Metal  Piercing
 3    Bullets.  (a)  A  person  commits  the  offense  of  unlawful
 4    discharge  of  armor  metal  piercing  bullets when he or she
 5    knowingly or recklessly uses an armor a metal piercing bullet
 6    in violation of this Section.  For purposes of this  Section,
 7    "armor  metal  piercing  bullet"  means any handgun bullet or
 8    handgun  ammunition  with  projectiles  or  projectile  cores
 9    constructed entirely (excluding the  presence  of  traces  of
10    other  substances)  from tungsten alloys, steel, iron, brass,
11    bronze,  beryllium  copper  or  depleted  uranium,  or  fully
12    jacketed bullets larger than 22 caliber whose  jacket  has  a
13    weight   of  more  than  25%  of  the  total  weight  of  the
14    projectile, and excluding  those  handgun  projectiles  whose
15    cores  are  composed  of  soft materials such as lead or lead
16    alloys, zinc or zinc alloys, frangible  projectiles  designed
17    primarily for sporting purposes, and any other projectiles or
18    projectile  cores  that  the  U. S. Secretary of the Treasury
19    finds to be  primarily  intended  to  be  used  for  sporting
20    purposes  or  industrial  purposes or that otherwise does not
21    constitute  "armor  piercing  ammunition"  as  that  term  is
22    defined   by   federal   law   polytetrafluoroethylene-coated
23    bullets; jacketed bullets with other than lead or lead  alloy
24    cores;  and  ammunition  of which the bullet itself is wholly
25    composed of a metal or metal  alloy  other  than  lead.   The
26    definition contained herein shall not be construed to include
27    shotgun shells.
28        (b)  A  person  commits  a Class X felony when he or she,
29    knowing that a firearm, as defined in  Section  1.1  of  "the
30    Firearm Owners Identification Card Act An Act relating to the
31    acquisition,  possession and transfer of firearms and firearm
32    ammunition, to provide a penalty for  the  violation  thereof
33    and  to  make  an  appropriation  in  connection  therewith",
34    approved August 3, 1967, as amended", is loaded with an armor
SB107 Engrossed             -5-                LRB9001520RCks
 1    a   metal   piercing   bullet,  intentionally  or  recklessly
 2    discharges such firearm and such  bullet  strikes  any  other
 3    person.
 4        (c)  Any  person who possesses, concealed on or about his
 5    or her person, an armor a metal piercing bullet and a firearm
 6    suitable for the discharge thereof is guilty  of  a  Class  2
 7    felony.
 8        (d)  This  Section does not apply to or affect any of the
 9    following:
10        (1)  Peace officers;
11        (2)  Wardens, superintendents  and  keepers  of  prisons,
12    penitentiaries,   jails   and   other  institutions  for  the
13    detention of persons accused or convicted of an offense;
14        (3)  Members of the Armed Services or Reserve  Forces  of
15    the United States or the Illinois National Guard while in the
16    performance of their official duties;
17        (4)  Federal  officials required to carry firearms, while
18    engaged in the performance of their official duties;
19        (5)  United  States  Marshals,  while  engaged   in   the
20    performance of their official duties.
21    (Source: P.A. 82-1026.)

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