Bill Text: IL HB5172 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Firearm Owners Identification Card Act and the Criminal Code of 1961. Provides that for the purposes of the exemptions from prosecution for the unlawful use of weapons, "enclosed in a case" or "enclosed in a suitable case" does not include the storage or transportation of a firearm in a glove box or center console of a motor vehicle.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-02-01 - Referred to Rules Committee [HB5172 Detail]

Download: Illinois-2009-HB5172-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB5172 Introduced 2/1/2010, by Rep. Linda Chapa LaVia SYNOPSIS AS INTRODUCED:
430 ILCS 65/1.1 from Ch. 38, par. 83-1.1
720 ILCS 5/2-6.7 new
Amends the Firearm Owners Identification Card Act and the Criminal Code of 1961. Provides that for the purposes of the exemptions from prosecution for the unlawful use of weapons, "enclosed in a case" or "enclosed in a suitable case" does not include the storage or transportation of a firearm in a glove box or center console of a motor vehicle.
LRB096 17041 RLC 32355 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning firearms.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Firearm Owners Identification Card Act is
amended by changing Section 1.1 as follows:
(430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
Sec. 1.1. For purposes of this Act:
"Has been adjudicated as a mental defective" means the
person is the subject of a determination by a court, board,
commission or other lawful authority that a person, as a result
of marked subnormal intelligence, or mental illness, mental
impairment, incompetency, condition, or disease:
(1) is a danger to himself, herself, or to others;
(2) lacks the mental capacity to manage his or her own
affairs;
(3) is not guilty in a criminal case by reason of
insanity, mental disease or defect;
(4) is incompetent to stand trial in a criminal case;
(5) is not guilty by reason of lack of mental
responsibility pursuant to Articles 50a and 72b of the
Uniform Code of Military Justice, 10 U.S.C. 850a, 876b.
"Counterfeit" means to copy or imitate, without legal
authority, with intent to deceive.

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"Enclosed in a case" does not include the storage or
transportation of a firearm in a glove box or center console of
a motor vehicle.
"Federally licensed firearm dealer" means a person who is
licensed as a federal firearms dealer under Section 923 of the
federal Gun Control Act of 1968 (18 U.S.C. 923).
"Firearm" means any device, by whatever name known, which
is designed to expel a projectile or projectiles by the action
of an explosion, expansion of gas or escape of gas; excluding,
however:
(1) any pneumatic gun, spring gun, paint ball gun or
B-B gun which either expels a single globular projectile
not exceeding .18 inch in diameter and which has a maximum
muzzle velocity of less than 700 feet per second or
breakable paint balls containing washable marking colors;
(2) any device used exclusively for signalling or
safety and required or recommended by the United States
Coast Guard or the Interstate Commerce Commission;
(3) any device used exclusively for the firing of stud
cartridges, explosive rivets or similar industrial
ammunition; and
(4) an antique firearm (other than a machine-gun)
which, although designed as a weapon, the Department of
State Police finds by reason of the date of its
manufacture, value, design, and other characteristics is
primarily a collector's item and is not likely to be used

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as a weapon.
"Firearm ammunition" means any self-contained cartridge or
shotgun shell, by whatever name known, which is designed to be
used or adaptable to use in a firearm; excluding, however:
(1) any ammunition exclusively designed for use with a
device used exclusively for signalling or safety and
required or recommended by the United States Coast Guard or
the Interstate Commerce Commission; and
(2) any ammunition designed exclusively for use with a
stud or rivet driver or other similar industrial
ammunition.
"Gun show" means an event or function:
(1) at which the sale and transfer of firearms is the
regular and normal course of business and where 50 or more
firearms are displayed, offered, or exhibited for sale,
transfer, or exchange; or
(2) at which not less than 10 gun show vendors display,
offer, or exhibit for sale, sell, transfer, or exchange
firearms.
"Gun show" includes the entire premises provided for an
event or function, including parking areas for the event or
function, that is sponsored to facilitate the purchase, sale,
transfer, or exchange of firearms as described in this Section.
"Gun show" does not include training or safety classes,
competitive shooting events, such as rifle, shotgun, or handgun
matches, trap, skeet, or sporting clays shoots, dinners,

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banquets, raffles, or any other event where the sale or
transfer of firearms is not the primary course of business.
"Gun show promoter" means a person who organizes or
operates a gun show.
"Gun show vendor" means a person who exhibits, sells,
offers for sale, transfers, or exchanges any firearms at a gun
show, regardless of whether the person arranges with a gun show
promoter for a fixed location from which to exhibit, sell,
offer for sale, transfer, or exchange any firearm.
"Sanctioned competitive shooting event" means a shooting
contest officially recognized by a national or state shooting
sport association, and includes any sight-in or practice
conducted in conjunction with the event.
"Stun gun or taser" has the meaning ascribed to it in
Section 24-1 of the Criminal Code of 1961.
(Source: P.A. 94-6, eff. 1-1-06; 94-353, eff. 7-29-05; 95-331,
eff. 8-21-07; 95-581, eff. 6-1-08.)
Section 10. The Criminal Code of 1961 is amended by adding
Section 2-6.7 as follows:
(720 ILCS 5/2-6.7 new)
Sec. 2-6.7. Enclosed in a case. For purposes of Article 24
of this Code, "enclosed in a case" or "enclosed in a suitable
case" does not include the storage or transportation of a
firearm in a glove box or center console of a motor vehicle.