Bill Text: IL HB2783 | 2019-2020 | 101st General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Reinserts the provisions of the introduced bill with changes. Provides that legal handguns and rifles include any bottleneck centerfire cartridge of .30 caliber or larger with a case length not exceeding 1.4 inches or any straight walled centerfire cartridge of .30 caliber or larger both of which must be available as a load with the published ballistic tables of the manufacturer showing a capability of at least 500 foot pounds of energy at the muzzle. Deletes language that provides that notwithstanding any provision of the Code, it is unlawful to take a deer with a rifle in a county of the State with a population of 500,000 or more.
Spectrum: Moderate Partisan Bill (Republican 8-2)
Status: (Engrossed - Dead) 2019-05-10 - Rule 3-9(a) / Re-referred to Assignments [HB2783 Detail]
Download: Illinois-2019-HB2783-Introduced.html
Bill Title: Reinserts the provisions of the introduced bill with changes. Provides that legal handguns and rifles include any bottleneck centerfire cartridge of .30 caliber or larger with a case length not exceeding 1.4 inches or any straight walled centerfire cartridge of .30 caliber or larger both of which must be available as a load with the published ballistic tables of the manufacturer showing a capability of at least 500 foot pounds of energy at the muzzle. Deletes language that provides that notwithstanding any provision of the Code, it is unlawful to take a deer with a rifle in a county of the State with a population of 500,000 or more.
Spectrum: Moderate Partisan Bill (Republican 8-2)
Status: (Engrossed - Dead) 2019-05-10 - Rule 3-9(a) / Re-referred to Assignments [HB2783 Detail]
Download: Illinois-2019-HB2783-Introduced.html
| ||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||
1 | AN ACT concerning wildlife.
| |||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||||||||
4 | Section 5. The Wildlife Code is amended by changing | |||||||||||||||||||||||||||
5 | Sections 2.6, 2.7, 2.11, 2.13, 2.25, 2.26, 2.27, 2.28, and 2.33 | |||||||||||||||||||||||||||
6 | and by adding Sections 1.2m-0.5 and 2.32a as follows:
| |||||||||||||||||||||||||||
7 | (520 ILCS 5/1.2m-0.5 new) | |||||||||||||||||||||||||||
8 | Sec. 1.2m-0.5. Rifle. "Rifle" means any firearm designed, | |||||||||||||||||||||||||||
9 | made, or adapted to be fired from the shoulder that uses the | |||||||||||||||||||||||||||
10 | energy of an explosive in a fixed metallic cartridge to fire a | |||||||||||||||||||||||||||
11 | projectile through a rifled bore by a single function of the | |||||||||||||||||||||||||||
12 | trigger.
| |||||||||||||||||||||||||||
13 | (520 ILCS 5/2.25) (from Ch. 61, par. 2.25)
| |||||||||||||||||||||||||||
14 | Sec. 2.25. It shall be unlawful for any person to take deer | |||||||||||||||||||||||||||
15 | except : (i) with
a shotgun, handgun, rifle, or muzzleloading | |||||||||||||||||||||||||||
16 | rifle ; or (ii) as provided by
administrative rule,
with a bow | |||||||||||||||||||||||||||
17 | and arrow, during the open season of not more than 14 days | |||||||||||||||||||||||||||
18 | which will
be set annually by the Director between the dates of
| |||||||||||||||||||||||||||
19 | November 1st and December 31st, both inclusive, or a special | |||||||||||||||||||||||||||
20 | 3-day, youth-only season between the dates of September 1 and | |||||||||||||||||||||||||||
21 | October 31.
For the purposes of this Section, legal handguns | |||||||||||||||||||||||||||
22 | include any centerfire
handguns of .30
caliber or larger with a |
| |||||||
| |||||||
1 | minimum barrel length of 4 inches. The only legal
ammunition
| ||||||
2 | for a centerfire handgun is a cartridge of .30 caliber or | ||||||
3 | larger with a
capability of at least
500 foot pounds of energy | ||||||
4 | at the muzzle. Full metal jacket bullets may not be
used to
| ||||||
5 | harvest deer.
| ||||||
6 | The Department shall make administrative rules concerning | ||||||
7 | management
restrictions applicable to the firearm and bow and | ||||||
8 | arrow season.
| ||||||
9 | It shall be unlawful for any person to take deer except | ||||||
10 | with a bow and
arrow during the open season for bow and arrow | ||||||
11 | set annually by the Director
between the dates of September 1st | ||||||
12 | and January 31st, both inclusive.
| ||||||
13 | It shall be unlawful for any person to take deer except | ||||||
14 | with : (i) a
muzzleloading rifle ; or (ii) bow and arrow ; or | ||||||
15 | (iii) rifle during the open season for
muzzleloading rifles set | ||||||
16 | annually by the Director.
| ||||||
17 | The Director shall cause an administrative rule setting | ||||||
18 | forth the
prescribed rules and regulations, including bag and | ||||||
19 | possession limits and
those counties of the State where open | ||||||
20 | seasons are established, to be
published in accordance with | ||||||
21 | Sections 1.3 and 1.13 of this Act.
| ||||||
22 | The Department may establish separate harvest periods for | ||||||
23 | the purpose of
managing or eradicating disease that has been | ||||||
24 | found in the deer herd. This
season shall be restricted to gun | ||||||
25 | or bow and arrow hunting only. The Department
shall publicly | ||||||
26 | announce, via statewide news release, the season dates and
|
| |||||||
| |||||||
1 | shooting hours, the counties and sites open to hunting, permit | ||||||
2 | requirements,
application dates, hunting rules, legal weapons, | ||||||
3 | and reporting requirements.
| ||||||
4 | The Department is authorized to establish a separate | ||||||
5 | harvest period at
specific sites within the State for the | ||||||
6 | purpose of harvesting
surplus deer that cannot be taken during | ||||||
7 | the regular season provided for
the taking of deer. This season | ||||||
8 | shall be restricted to gun or bow and
arrow hunting only and | ||||||
9 | shall be established during the period of September 1st
to | ||||||
10 | February 15th, both inclusive. The Department shall publish | ||||||
11 | suitable
prescribed rules and regulations established by | ||||||
12 | administrative rule pertaining
to management restrictions | ||||||
13 | applicable to this special harvest program. The Department | ||||||
14 | shall allow unused gun deer permits that are left over from a | ||||||
15 | regular season for the taking of deer to be rolled over and | ||||||
16 | used during any separate harvest period held within 6 months of | ||||||
17 | the season for which those tags were issued at no additional | ||||||
18 | cost to the permit holder subject to the management | ||||||
19 | restrictions applicable to the special harvest program.
| ||||||
20 | (Source: P.A. 97-907, eff. 8-7-12; 98-368, eff. 8-16-13.)
| ||||||
21 | (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
| ||||||
22 | Sec. 2.26. Deer hunting permits. Any person attempting to | ||||||
23 | take deer shall first obtain a "Deer
Hunting Permit" issued by | ||||||
24 | the Department in accordance with its administrative rules.
| ||||||
25 | Those rules must provide for the issuance of the following |
| |||||||
| |||||||
1 | types of resident deer archery permits: (i) a combination | ||||||
2 | permit, consisting of one either-sex permit and one | ||||||
3 | antlerless-only permit, (ii) a single antlerless-only permit, | ||||||
4 | and (iii) a single either-sex permit. The fee for a Deer | ||||||
5 | Hunting Permit to take deer with either bow and arrow or gun
| ||||||
6 | shall not exceed $25.00 for residents of the State. The | ||||||
7 | Department may by
administrative rule provide for non-resident | ||||||
8 | deer hunting permits for which the
fee will not exceed $300 in | ||||||
9 | 2005, $350 in 2006, and $400 in 2007 and thereafter except as | ||||||
10 | provided below for non-resident landowners
and non-resident | ||||||
11 | archery hunters. The Department may by
administrative rule | ||||||
12 | provide for a non-resident archery deer permit consisting
of | ||||||
13 | not more than 2 harvest tags at a total cost not to exceed $325 | ||||||
14 | in 2005, $375 in 2006, and $425 in 2007 and thereafter.
The | ||||||
15 | fees for a youth resident and non-resident archery deer permit | ||||||
16 | shall be the same.
| ||||||
17 | The standards and specifications for use of guns and bow | ||||||
18 | and arrow for
deer hunting shall be established by | ||||||
19 | administrative rule.
| ||||||
20 | No person may have in his or her possession any firearm not | ||||||
21 | authorized by
administrative rule for a specific hunting season | ||||||
22 | when taking deer.
| ||||||
23 | Persons having a firearm deer hunting permit shall be | ||||||
24 | permitted to
take deer only during the period from 1/2 hour | ||||||
25 | before sunrise to
1/2 hour after sunset, and only during those | ||||||
26 | days for which an open season is
established for the taking of |
| |||||||
| |||||||
1 | deer by use of shotgun, handgun, rifle, or muzzleloading muzzle
| ||||||
2 | loading
rifle.
| ||||||
3 | Persons having an archery deer hunting permit shall be | ||||||
4 | permitted to
take deer only during the period from 1/2 hour | ||||||
5 | before sunrise to 1/2 hour
after sunset, and only during those | ||||||
6 | days for which an open season is
established for the taking of | ||||||
7 | deer by use of bow and arrow.
| ||||||
8 | It shall be unlawful for any person to take deer by use of | ||||||
9 | dogs,
horses, automobiles, aircraft or other vehicles, or by | ||||||
10 | the use
or aid of bait or baiting of any kind. For the purposes | ||||||
11 | of this Section, "bait" means any material, whether liquid or | ||||||
12 | solid, including food, salt, minerals, and other products, | ||||||
13 | except pure water, that can be ingested, placed, or scattered | ||||||
14 | in such a manner as to attract or lure white-tailed deer. | ||||||
15 | "Baiting" means the placement or scattering of bait to attract | ||||||
16 | deer. An area is considered as baited during the presence
of | ||||||
17 | and for 10 consecutive days following the removal of bait. | ||||||
18 | Nothing in this Section shall prohibit the use of a dog to | ||||||
19 | track wounded deer. Any person using a dog for tracking wounded | ||||||
20 | deer must maintain physical control of the dog at all times by | ||||||
21 | means of a maximum 50 foot lead attached to the dog's collar or | ||||||
22 | harness. Tracking wounded deer is permissible at night, but at | ||||||
23 | no time outside of legal deer hunting hours or seasons shall | ||||||
24 | any person handling or accompanying a dog being used for | ||||||
25 | tracking wounded deer be in possession of any firearm or | ||||||
26 | archery device. Persons tracking wounded deer with a dog during |
| |||||||
| |||||||
1 | the firearm deer seasons shall wear blaze orange or solid blaze | ||||||
2 | pink color as required. Dog handlers tracking wounded deer with | ||||||
3 | a dog are exempt from hunting license and deer permit | ||||||
4 | requirements so long as they are accompanied by the licensed | ||||||
5 | deer hunter who wounded the deer.
| ||||||
6 | It shall be unlawful to possess or transport any wild deer | ||||||
7 | which has
been injured or killed in any manner upon a public | ||||||
8 | highway or public
right-of-way of this State unless exempted by | ||||||
9 | administrative rule.
| ||||||
10 | Persons hunting deer must have gun unloaded and no bow and | ||||||
11 | arrow
device shall be carried with the arrow in the nocked | ||||||
12 | position during
hours when deer hunting is unlawful.
| ||||||
13 | It shall be unlawful for any person, having taken the legal | ||||||
14 | limit of
deer by gun, to further participate with gun in any | ||||||
15 | deer hunting party.
| ||||||
16 | It shall be unlawful for any person, having taken the legal | ||||||
17 | limit
of deer by bow and arrow, to further participate with bow | ||||||
18 | and arrow in any
deer hunting party.
| ||||||
19 | The Department may prohibit upland game hunting during the | ||||||
20 | gun deer
season by administrative rule.
| ||||||
21 | The Department shall not limit the number of non-resident, | ||||||
22 | either-sex archery deer hunting permits to less than 20,000.
| ||||||
23 | Any person who violates any of the provisions of this | ||||||
24 | Section,
including administrative rules, shall be guilty of a | ||||||
25 | Class B misdemeanor.
| ||||||
26 | For the purposes of calculating acreage under this Section, |
| |||||||
| |||||||
1 | the Department shall, after determining the total acreage of | ||||||
2 | the applicable tract or tracts of land, round remaining | ||||||
3 | fractional portions of an acre greater than or equal to half of | ||||||
4 | an acre up to the next whole acre. | ||||||
5 | For the purposes of taking white-tailed deer, nothing in | ||||||
6 | this Section shall be construed to prevent the manipulation, | ||||||
7 | including mowing or cutting, of standing crops as a normal | ||||||
8 | agricultural or soil stabilization practice, food plots, or | ||||||
9 | normal agricultural practices, including planting, harvesting, | ||||||
10 | and maintenance such as cultivating or the use of products | ||||||
11 | designed for scent only and not capable of ingestion, solid or | ||||||
12 | liquid, placed or scattered, in such a manner as to attract or | ||||||
13 | lure deer. Such manipulation for the purpose of taking | ||||||
14 | white-tailed deer may be further modified by administrative | ||||||
15 | rule. | ||||||
16 | (Source: P.A. 99-642, eff. 7-28-16; 99-869, eff. 1-1-17; | ||||||
17 | 100-691, eff. 1-1-19; 100-949, eff. 1-1-19; revised 10-9-18.)
| ||||||
18 | (520 ILCS 5/2.32a new) | ||||||
19 | Sec. 2.32a. Rifle hunting requirements. Rifle hunting | ||||||
20 | permits issued by the Department shall be approved by county | ||||||
21 | ordinance. Notwithstanding any provision of this Code to the | ||||||
22 | contrary, it is unlawful to take a deer with a rifle in a | ||||||
23 | county of this State with a population of 500,000 or more.
| ||||||
24 | (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
|
| |||||||
| |||||||
1 | Sec. 2.33. Prohibitions.
| ||||||
2 | (a) It is unlawful to carry or possess any gun in any
State | ||||||
3 | refuge unless otherwise permitted by administrative rule.
| ||||||
4 | (b) It is unlawful to use or possess any snare or | ||||||
5 | snare-like device,
deadfall, net, or pit trap to take any | ||||||
6 | species, except that snares not
powered by springs or other | ||||||
7 | mechanical devices may be used to trap
fur-bearing mammals, in | ||||||
8 | water sets only, if at least one-half of the snare
noose is | ||||||
9 | located underwater at all times.
| ||||||
10 | (c) It is unlawful for any person at any time to take a | ||||||
11 | wild mammal
protected by this Act from its den by means of any | ||||||
12 | mechanical device,
spade, or digging device or to use smoke or | ||||||
13 | other gases to dislodge or
remove such mammal except as | ||||||
14 | provided in Section 2.37.
| ||||||
15 | (d) It is unlawful to use a ferret or any other small | ||||||
16 | mammal which is
used in the same or similar manner for which | ||||||
17 | ferrets are used for the
purpose of frightening or driving any | ||||||
18 | mammals from their dens or hiding places.
| ||||||
19 | (e) (Blank).
| ||||||
20 | (f) It is unlawful to use spears, gigs, hooks or any like | ||||||
21 | device to
take any species protected by this Act.
| ||||||
22 | (g) It is unlawful to use poisons, chemicals or explosives | ||||||
23 | for the
purpose of taking any species protected by this Act.
| ||||||
24 | (h) It is unlawful to hunt adjacent to or near any peat, | ||||||
25 | grass,
brush or other inflammable substance when it is burning.
| ||||||
26 | (i) It is unlawful to take, pursue or intentionally harass |
| |||||||
| |||||||
1 | or disturb
in any manner any wild birds or mammals by use or | ||||||
2 | aid of any vehicle or
conveyance, except as permitted by the | ||||||
3 | Code of Federal Regulations for the
taking of waterfowl. It is | ||||||
4 | also unlawful to use the lights of any vehicle
or conveyance or | ||||||
5 | any light from or any light connected to the
vehicle or | ||||||
6 | conveyance in any area where wildlife may be found except in
| ||||||
7 | accordance with Section 2.37 of this Act; however, nothing in | ||||||
8 | this
Section shall prohibit the normal use of headlamps for the | ||||||
9 | purpose of driving
upon a roadway. Striped skunk, opossum, red | ||||||
10 | fox, gray
fox, raccoon, bobcat, and coyote may be taken during | ||||||
11 | the open season by use of a small
light which is worn on the | ||||||
12 | body or hand-held by a person on foot and not in any
vehicle.
| ||||||
13 | (j) It is unlawful to use any shotgun larger than 10 gauge | ||||||
14 | while
taking or attempting to take any of the species protected | ||||||
15 | by this Act.
| ||||||
16 | (k) It is unlawful to use or possess in the field any | ||||||
17 | shotgun shell loaded
with a shot size larger than lead BB or | ||||||
18 | steel T (.20 diameter) when taking or
attempting to take any | ||||||
19 | species of wild game mammals (excluding white-tailed
deer), | ||||||
20 | wild game birds, migratory waterfowl or migratory game birds | ||||||
21 | protected
by this Act, except white-tailed deer as provided for | ||||||
22 | in Section 2.26 and other
species as provided for by subsection | ||||||
23 | (l) or administrative rule.
| ||||||
24 | (l) It is unlawful to take any species of wild game, except
| ||||||
25 | white-tailed deer and fur-bearing mammals, with a shotgun | ||||||
26 | loaded with slugs unless otherwise
provided for by |
| |||||||
| |||||||
1 | administrative rule.
| ||||||
2 | (m) It is unlawful to use any shotgun capable of holding | ||||||
3 | more than 3
shells in the magazine or chamber combined, except | ||||||
4 | on game breeding and
hunting preserve areas licensed under | ||||||
5 | Section 3.27 and except as permitted by
the Code of Federal | ||||||
6 | Regulations for the taking of waterfowl. If the shotgun
is | ||||||
7 | capable of holding more than 3 shells, it shall, while being | ||||||
8 | used on an
area other than a game breeding and shooting | ||||||
9 | preserve area licensed
pursuant to Section 3.27, be fitted with | ||||||
10 | a one piece plug that is
irremovable without dismantling the | ||||||
11 | shotgun or otherwise altered to
render it incapable of holding | ||||||
12 | more than 3 shells in the magazine and
chamber, combined.
| ||||||
13 | (n) It is unlawful for any person, except persons who | ||||||
14 | possess a permit to
hunt from a vehicle as provided in this | ||||||
15 | Section and persons otherwise permitted
by law, to have or | ||||||
16 | carry any gun in or on any vehicle, conveyance or aircraft,
| ||||||
17 | unless such gun is unloaded and enclosed in a case, except that | ||||||
18 | at field trials
authorized by Section 2.34 of this Act, | ||||||
19 | unloaded guns or guns loaded with blank
cartridges only, may be | ||||||
20 | carried on horseback while not contained in a case, or
to have | ||||||
21 | or carry any bow or arrow device in or on any vehicle unless | ||||||
22 | such bow
or arrow device is unstrung or enclosed in a case, or | ||||||
23 | otherwise made
inoperable.
| ||||||
24 | (o) (Blank).
| ||||||
25 | (p) It is unlawful to take game birds, migratory game birds | ||||||
26 | or
migratory waterfowl with a rifle, pistol, revolver or |
| |||||||
| |||||||
1 | airgun.
| ||||||
2 | (q) It is unlawful to fire a rifle, pistol, revolver or | ||||||
3 | airgun on,
over or into any waters of this State, including | ||||||
4 | frozen waters.
| ||||||
5 | (r) It is unlawful to discharge any gun or bow and arrow | ||||||
6 | device
along, upon, across, or from any public right-of-way or | ||||||
7 | highway in this State.
| ||||||
8 | (s) It is unlawful to use a silencer or other device to | ||||||
9 | muffle or
mute the sound of the explosion or report resulting | ||||||
10 | from the firing of
any gun.
| ||||||
11 | (t) It is unlawful for any person to take or attempt to | ||||||
12 | take any species of wildlife or parts thereof, intentionally or | ||||||
13 | wantonly allow a dog to
hunt, within or upon the land of | ||||||
14 | another, or upon waters flowing over or
standing on the land of | ||||||
15 | another, or to knowingly shoot a gun or bow and arrow device at | ||||||
16 | any wildlife physically on or flying over the property of | ||||||
17 | another without first obtaining permission from
the owner or | ||||||
18 | the owner's designee. For the purposes of this Section, the | ||||||
19 | owner's designee means anyone who the owner designates in a | ||||||
20 | written authorization and the authorization must contain (i) | ||||||
21 | the legal or common description of property for such authority | ||||||
22 | is given, (ii) the extent that the owner's designee is | ||||||
23 | authorized to make decisions regarding who is allowed to take | ||||||
24 | or attempt to take any species of wildlife or parts thereof, | ||||||
25 | and (iii) the owner's notarized signature. Before enforcing | ||||||
26 | this
Section the law enforcement officer must have received |
| |||||||
| |||||||
1 | notice from the
owner or the owner's designee of a violation of | ||||||
2 | this Section. Statements made to the
law enforcement officer | ||||||
3 | regarding this notice shall not be rendered
inadmissible by the | ||||||
4 | hearsay rule when offered for the purpose of showing the
| ||||||
5 | required notice.
| ||||||
6 | (u) It is unlawful for any person to discharge any firearm | ||||||
7 | for the purpose
of taking any of the species protected by this | ||||||
8 | Act, or hunt with gun or
dog, or intentionally or wantonly | ||||||
9 | allow a dog to hunt, within 300 yards of an inhabited dwelling | ||||||
10 | without
first obtaining permission from the owner or tenant, | ||||||
11 | except that while
trapping, hunting with bow and arrow, hunting | ||||||
12 | with dog and shotgun using shot
shells only, or hunting with | ||||||
13 | shotgun using shot shells only, or providing outfitting | ||||||
14 | services under a waterfowl outfitter permit, or
on licensed | ||||||
15 | game breeding and hunting preserve areas, as defined in Section
| ||||||
16 | 3.27, on
federally owned and managed lands and on Department | ||||||
17 | owned, managed, leased, or
controlled lands, a 100 yard | ||||||
18 | restriction shall apply.
| ||||||
19 | (v) It is unlawful for any person to remove fur-bearing | ||||||
20 | mammals from, or
to move or disturb in any manner, the traps | ||||||
21 | owned by another person without
written authorization of the | ||||||
22 | owner to do so.
| ||||||
23 | (w) It is unlawful for any owner of a dog to knowingly or | ||||||
24 | wantonly allow
his or her dog to pursue, harass or kill deer, | ||||||
25 | except that nothing in this Section shall prohibit the tracking | ||||||
26 | of wounded deer with a dog in accordance with the provisions of |
| |||||||
| |||||||
1 | Section 2.26 of this Code.
| ||||||
2 | (x) It is unlawful for any person to wantonly or carelessly | ||||||
3 | injure
or destroy, in any manner whatsoever, any real or | ||||||
4 | personal property on
the land of another while engaged in | ||||||
5 | hunting or trapping thereon.
| ||||||
6 | (y) It is unlawful to hunt wild game protected by this Act | ||||||
7 | between one
half hour after sunset and one half hour before | ||||||
8 | sunrise, except that
hunting hours between one half hour after | ||||||
9 | sunset and one half hour
before sunrise may be established by | ||||||
10 | administrative rule for fur-bearing
mammals.
| ||||||
11 | (z) It is unlawful to take any game bird (excluding wild | ||||||
12 | turkeys and
crippled pheasants not capable of normal flight and | ||||||
13 | otherwise irretrievable)
protected by this Act when not flying. | ||||||
14 | Nothing in this Section shall prohibit
a person from carrying | ||||||
15 | an uncased, unloaded shotgun in a boat, while in pursuit
of a | ||||||
16 | crippled migratory waterfowl that is incapable of normal | ||||||
17 | flight, for the
purpose of attempting to reduce the migratory | ||||||
18 | waterfowl to possession, provided
that the attempt is made | ||||||
19 | immediately upon downing the migratory waterfowl and
is done | ||||||
20 | within 400 yards of the blind from which the migratory | ||||||
21 | waterfowl was
downed. This exception shall apply only to | ||||||
22 | migratory game birds that are not
capable of normal flight. | ||||||
23 | Migratory waterfowl that are crippled may be taken
only with a | ||||||
24 | shotgun as regulated by subsection (j) of this Section using
| ||||||
25 | shotgun shells as regulated in subsection (k) of this Section.
| ||||||
26 | (aa) It is unlawful to use or possess any device that may |
| |||||||
| |||||||
1 | be used for
tree climbing or cutting, while hunting fur-bearing | ||||||
2 | mammals, excluding coyotes.
| ||||||
3 | (bb) It is unlawful for any person, except licensed game | ||||||
4 | breeders,
pursuant to Section 2.29 to import, carry into, or | ||||||
5 | possess alive in this
State any species of wildlife taken | ||||||
6 | outside of this State, without
obtaining permission to do so | ||||||
7 | from the Director.
| ||||||
8 | (cc) It is unlawful for any person to have in his or her
| ||||||
9 | possession any freshly killed species protected by this Act | ||||||
10 | during the season
closed for taking.
| ||||||
11 | (dd) It is unlawful to take any species protected by this | ||||||
12 | Act and retain
it alive except as provided by administrative | ||||||
13 | rule.
| ||||||
14 | (ee) (Blank). It is unlawful to possess any rifle while in | ||||||
15 | the field during gun
deer season except as provided in Section | ||||||
16 | 2.26 and administrative rules.
| ||||||
17 | (ff) It is unlawful for any person to take any species | ||||||
18 | protected by
this Act, except migratory waterfowl, during the | ||||||
19 | gun deer hunting season in
those counties open to gun deer | ||||||
20 | hunting, unless he or she wears, when in
the field, a cap and | ||||||
21 | upper outer garment of a solid blaze orange color or solid | ||||||
22 | blaze pink color, with
such articles of clothing displaying a | ||||||
23 | minimum of 400 square inches of
blaze orange or solid blaze | ||||||
24 | pink color material.
| ||||||
25 | (gg) It is unlawful during the upland game season for any | ||||||
26 | person to take
upland game with a firearm unless he or she |
| |||||||
| |||||||
1 | wears, while in the field, a
cap of solid blaze orange color or | ||||||
2 | solid blaze pink color. For purposes of this Act, upland game | ||||||
3 | is
defined as Bobwhite Quail, Hungarian Partridge, Ring-necked | ||||||
4 | Pheasant, Eastern
Cottontail and Swamp Rabbit.
| ||||||
5 | (hh) It shall be unlawful to kill or cripple any species | ||||||
6 | protected by
this Act for which there is a bag limit without | ||||||
7 | making a reasonable
effort to retrieve such species and include | ||||||
8 | such in the bag limit. It shall be unlawful for any person | ||||||
9 | having control over harvested game mammals, game birds, or | ||||||
10 | migratory game birds for which there is a bag limit to wantonly | ||||||
11 | waste or destroy the usable meat of the game, except this shall | ||||||
12 | not apply to wildlife taken under Sections 2.37 or 3.22 of this | ||||||
13 | Code. For purposes of this subsection, "usable meat" means the | ||||||
14 | breast meat of a game bird or migratory game bird and the hind | ||||||
15 | ham and front shoulders of a game mammal. It shall be unlawful | ||||||
16 | for any person to place, leave, dump, or abandon a wildlife | ||||||
17 | carcass or parts of it along or upon a public right-of-way or | ||||||
18 | highway or on public or private property, including a waterway | ||||||
19 | or stream, without the permission of the owner or tenant. It | ||||||
20 | shall not be unlawful to discard game meat that is determined | ||||||
21 | to be unfit for human consumption.
| ||||||
22 | (ii) This Section shall apply only to those species | ||||||
23 | protected by this
Act taken within the State. Any species or | ||||||
24 | any parts thereof, legally taken
in and transported from other | ||||||
25 | states or countries, may be possessed
within the State, except | ||||||
26 | as provided in this Section and Sections 2.35, 2.36
and 3.21.
|
| |||||||
| |||||||
1 | (jj) (Blank).
| ||||||
2 | (kk) Nothing contained in this Section shall prohibit the | ||||||
3 | Director
from issuing permits to paraplegics or to other | ||||||
4 | persons with disabilities who meet the
requirements set forth | ||||||
5 | in administrative rule to shoot or hunt from a vehicle
as | ||||||
6 | provided by that rule, provided that such is otherwise in | ||||||
7 | accord with this
Act.
| ||||||
8 | (ll) Nothing contained in this Act shall prohibit the | ||||||
9 | taking of aquatic
life protected by the Fish and Aquatic Life | ||||||
10 | Code or birds and mammals
protected by this Act, except deer | ||||||
11 | and fur-bearing mammals, from a boat not
camouflaged or | ||||||
12 | disguised to alter its identity or to further provide a place
| ||||||
13 | of concealment and not propelled by sail or mechanical power. | ||||||
14 | However, only
shotguns not larger than 10 gauge nor smaller | ||||||
15 | than .410 bore loaded with not
more than 3 shells of a shot | ||||||
16 | size no larger than lead BB or steel T (.20
diameter) may be | ||||||
17 | used to take species protected by this Act.
| ||||||
18 | (mm) Nothing contained in this Act shall prohibit the use | ||||||
19 | of a shotgun,
not larger than 10 gauge nor smaller than a 20 | ||||||
20 | gauge, with a rifled barrel.
| ||||||
21 | (nn) It shall be unlawful to possess any species of | ||||||
22 | wildlife or wildlife parts taken unlawfully in Illinois, any | ||||||
23 | other state, or any other country, whether or not the wildlife | ||||||
24 | or wildlife parts is indigenous to Illinois. For the purposes | ||||||
25 | of this subsection, the statute of limitations for unlawful | ||||||
26 | possession of wildlife or wildlife parts shall not cease until |
| |||||||
| |||||||
1 | 2 years after the possession has permanently ended. | ||||||
2 | (Source: P.A. 99-33, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642, | ||||||
3 | eff. 7-28-16; 100-489, eff. 9-8-17; 100-949, eff. 1-1-19 .)
|