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92_HB0403ham001
LRB9202760RCcdam
1 AMENDMENT TO HOUSE BILL 403
2 AMENDMENT NO. . Amend House Bill 403 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Criminal Code of 1961 is amended by
5 changing Section 24-3.1 as follows:
6 (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
7 Sec. 24-3.1. Unlawful possession of firearms and firearm
8 ammunition.
9 (a) A person commits the offense of unlawful possession
10 of firearms or firearm ammunition when:
11 (1) He is under 18 years of age and has in his
12 possession any firearm of a size which may be concealed
13 upon the person; or
14 (2) He is under 21 years of age, has been convicted
15 of a misdemeanor other than a traffic offense or adjudged
16 delinquent and has any firearms or firearm ammunition in
17 his possession; or
18 (3) He is a narcotic addict and has any firearms or
19 firearm ammunition in his possession; or
20 (4) He has been a patient in a mental hospital
21 within the past 5 years and has any firearms or firearm
22 ammunition in his possession; or
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1 (5) He is mentally retarded and has any firearms or
2 firearm ammunition in his possession; or
3 (6) He has in his possession any explosive bullet.
4 For purposes of this paragraph "explosive bullet" means
5 the projectile portion of an ammunition cartridge which
6 contains or carries an explosive charge which will explode
7 upon contact with the flesh of a human or an animal.
8 "Cartridge" means a tubular metal case having a projectile
9 affixed at the front thereof and a cap or primer at the rear
10 end thereof, with the propellant contained in such tube
11 between the projectile and the cap; or
12 (b) Sentence.
13 Unlawful possession of firearms, other than handguns, and
14 firearm ammunition is a Class A misdemeanor. Unlawful
15 possession of handguns is a Class 4 felony.
16 (c) The provisions of any ordinance or resolution
17 adopted before, on, or after the effective date of this
18 amendatory Act of the 92nd General Assembly by any unit of
19 local government that imposes restrictions or limitations on
20 the acquisition, possession, transportation, storage,
21 purchase, sale, or other dealing in rifles and shotguns and
22 ammunition, components, accessories, and accoutrements of
23 rifles and shotguns in a manner other than those that are
24 imposed by subsection (a) of this Section are invalid, except
25 as authorized by this Code, and all those existing ordinances
26 and resolutions are void.
27 (d) A unit of local government, including a home rule
28 unit, may not regulate the acquisition, possession,
29 transportation, storage, purchase, sale, or other dealing in
30 rifles and shotguns, and may not regulate ammunition,
31 components, accessories, or accoutrements for rifles and
32 shotguns in a manner more restrictive than provided in
33 subsection (a). This Section is limitation under subsection
34 (i) of Section 6 of Article VII of the Illinois Constitution
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1 on the concurrent exercise by home rule units of powers and
2 functions exercised by the State.
3 (Source: P.A. 91-696, eff. 4-13-00.)
4 Section 99. Effective date. This Act takes effect upon
5 becoming law.".