State of Illinois
2015 and 2016

Introduced , by Rep. Michael J. Madigan

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.
LRB099 04984 RLC 25013 b


HB1117LRB099 04984 RLC 25013 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 changing
5Section 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
9 (a) A person commits the the offense of unlawful possession
10of 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):

HB1117- 2 -LRB099 04984 RLC 25013 b
1 "Mental institution" means any hospital,
2 institution, clinic, evaluation facility, mental
3 health center, or part thereof, which is used primarily
4 for the care or treatment of persons with mental
5 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 intellectually disabled and has any firearms
13 or firearm ammunition in his possession; or
14 (6) He has in his possession any explosive bullet.
15 For purposes of this paragraph "explosive bullet" means the
16projectile portion of an ammunition cartridge which contains or
17carries an explosive charge which will explode upon contact
18with the flesh of a human or an animal. "Cartridge" means a
19tubular metal case having a projectile affixed at the front
20thereof and a cap or primer at the rear end thereof, with the
21propellant contained in such tube between the projectile and
22the cap.
23 (b) Sentence.
24 Unlawful possession of firearms, other than handguns, and
25firearm ammunition is a Class A misdemeanor. Unlawful
26possession of handguns is a Class 4 felony. The possession of

HB1117- 3 -LRB099 04984 RLC 25013 b
1each firearm or firearm ammunition in violation of this Section
2constitutes a single and separate violation.
3 (c) Nothing in paragraph (1) of subsection (a) of this
4Section prohibits a person under 18 years of age from
5participating in any lawful recreational activity with a
6firearm such as, but not limited to, practice shooting at
7targets upon established public or private target ranges or
8hunting, trapping, or fishing in accordance with the Wildlife
9Code or the Fish and Aquatic Life Code.
10(Source: P.A. 97-227, eff. 1-1-12; 97-1167, eff. 6-1-13.)