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.
LRB102 03130 RLC 13143 b

A BILL FOR

HB1088LRB102 03130 RLC 13143 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Criminal Code of 2012 is amended by
5changing 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
8ammunition.
9 (a) A person commits the the offense of unlawful
10possession 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 of
15 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 institution
21 within the past 5 years and has any firearms or firearm
22 ammunition in his possession. For purposes of this
23 paragraph (4):

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1 "Mental institution" means any hospital,
2 institution, clinic, evaluation facility, mental
3 health center, or part thereof, which is used
4 primarily for the care or treatment of persons with
5 mental illness.
6 "Patient in a mental institution" means the person
7 was admitted, either voluntarily or involuntarily, to
8 a mental institution for mental health treatment,
9 unless the treatment was voluntary and solely for an
10 alcohol abuse disorder and no other secondary
11 substance abuse disorder or mental illness; or
12 (5) He is a person with an intellectual disability and
13 has any firearms or firearm ammunition in his possession;
14 or
15 (6) He has in his possession any explosive bullet.
16 For purposes of this paragraph "explosive bullet" means
17the projectile portion of an ammunition cartridge which
18contains or carries an explosive charge which will explode
19upon contact with the flesh of a human or an animal.
20"Cartridge" means a tubular metal case having a projectile
21affixed at the front thereof and a cap or primer at the rear
22end thereof, with the propellant contained in such tube
23between the projectile and the cap.
24 (b) Sentence.
25 Unlawful possession of firearms, other than handguns, and
26firearm ammunition is a Class A misdemeanor. Unlawful

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1possession of handguns is a Class 4 felony. The possession of
2each firearm or firearm ammunition in violation of this
3Section constitutes a single and separate violation.
4 (c) Nothing in paragraph (1) of subsection (a) of this
5Section prohibits a person under 18 years of age from
6participating in any lawful recreational activity with a
7firearm such as, but not limited to, practice shooting at
8targets upon established public or private target ranges or
9hunting, trapping, or fishing in accordance with the Wildlife
10Code or the Fish and Aquatic Life Code.
11(Source: P.A. 99-143, eff. 7-27-15.)