Bill Text: IL HB1088 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Makes a technical change in a Section concerning the unlawful possession of firearms and firearm ammunition.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-04-23 - Rule 19(a) / Re-referred to Rules Committee [HB1088 Detail]

Download: Illinois-2021-HB1088-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB1088 Introduced , by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED:
720 ILCS 5/24-3.1 from Ch. 38, par. 24-3.1
Amends the Criminal Code of 2012. Makes a technical change in a Section concerning the unlawful possession of firearms and firearm ammunition.
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A BILL FOR
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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
changing Section 24-3.1 as follows:
(720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
Sec. 24-3.1. Unlawful possession of firearms and firearm
ammunition.
(a) A person commits the the offense of unlawful
possession of firearms or firearm ammunition when:
(1) He is under 18 years of age and has in his
possession any firearm of a size which may be concealed
upon the person; or
(2) He is under 21 years of age, has been convicted of
a misdemeanor other than a traffic offense or adjudged
delinquent and has any firearms or firearm ammunition in
his possession; or
(3) He is a narcotic addict and has any firearms or
firearm ammunition in his possession; or
(4) He has been a patient in a mental institution
within the past 5 years and has any firearms or firearm
ammunition in his possession. For purposes of this
paragraph (4):

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"Mental institution" means any hospital,
institution, clinic, evaluation facility, mental
health center, or part thereof, which is used
primarily for the care or treatment of persons with
mental illness.
"Patient in a mental institution" means the person
was admitted, either voluntarily or involuntarily, to
a mental institution for mental health treatment,
unless the treatment was voluntary and solely for an
alcohol abuse disorder and no other secondary
substance abuse disorder or mental illness; or
(5) He is a person with an intellectual disability and
has any firearms or firearm ammunition in his possession;
or
(6) He has in his possession any explosive bullet.
For purposes of this paragraph "explosive bullet" means
the projectile portion of an ammunition cartridge which
contains or carries an explosive charge which will explode
upon contact with the flesh of a human or an animal.
"Cartridge" means a tubular metal case having a projectile
affixed at the front thereof and a cap or primer at the rear
end thereof, with the propellant contained in such tube
between the projectile and the cap.
(b) Sentence.
Unlawful possession of firearms, other than handguns, and
firearm ammunition is a Class A misdemeanor. Unlawful

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possession of handguns is a Class 4 felony. The possession of
each firearm or firearm ammunition in violation of this
Section constitutes a single and separate violation.
(c) Nothing in paragraph (1) of subsection (a) of this
Section prohibits a person under 18 years of age from
participating in any lawful recreational activity with a
firearm such as, but not limited to, practice shooting at
targets upon established public or private target ranges or
hunting, trapping, or fishing in accordance with the Wildlife
Code or the Fish and Aquatic Life Code.
(Source: P.A. 99-143, eff. 7-27-15.)