99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2166
 
Introduced 8/4/2015, by Sen. Ira I. Silverstein
 
SYNOPSIS AS INTRODUCED:



720 ILCS 5/24-11 new

 Amends the Criminal Code of 2012. Provides that it is a Class B misdemeanor for a person to purchase, possess, conceal, use, sell, give away, or otherwise transfer, or to engage in the business of selling or to exhibit for sale, a replica firearm, paint pellet, or paint pellet gun in the State. Provides that each replica firearm shall have as an integral part, permanently affixed, a blaze orange plug inserted in the barrel of the replica firearm. Provides that the plug shall be recessed no more than 6 millimeters from the muzzle end of the barrel of the firearm. Provides exceptions. Provides that each purchase, use, sale, gift, or transfer of any replica firearm, paint pellet, or paint pellet gun in violation of this provision shall be deemed a separate and distinct offense, and each day a person unlawfully engages in the business of selling or exhibits for sale any replica firearm, paint pellet, or paint pellet gun in violation of this provision is a separate and distinct offense. Effective immediately.



LRB099 13569 RLC 37513 b


CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 


SB2166LRB099 13569 RLC 37513 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 adding 
5Section 24-11 as follows:

6 (720 ILCS 5/24-11 new)
7 Sec. 24-11. Replica firearms and pellet guns.
8 (a) In this Section:
9  "Paint pellet gun" means any firearm, toy firearm or 
10 toy in the nature of a firearm which is powered by 
11 compressed gas and which fires paint pellets.
12  "Replica firearm" means any device, object or 
13 facsimile made of plastic, wood, metal, or any other 
14 material, that a person could reasonably perceive as an 
15 actual firearm but that is incapable of being fired or 
16 discharged, including, but not limited to, mobile phone 
17 cases, lighters, and cameras, except that the term does not 
18 include any replica of an antique firearm, as defined in 18 
19 U.S.C. 921(a)(16). 
20 (b)
It is unlawful for any person to purchase, possess, 
21conceal, use, sell, give away, or otherwise transfer, or to 
22engage in the business of selling or to exhibit for sale, a 
23replica firearm, paint pellet, or paint pellet gun in this 
 
 
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1State, except as provided in subsection (c) of this Section. 
2Each replica firearm shall have as an integral part, 
3permanently affixed, a blaze orange plug inserted in the barrel 
4of the replica firearm. The plug shall be recessed no more than 
56 millimeters from the muzzle end of the barrel of the firearm.
6 (c)
The manufacture, marketing, distribution, sale, and 
7possession of replica firearms are permitted if the devices are 
8manufactured, marketed, distributed, sold, or held solely for 
9subsequent transportation in interstate or foreign commerce. 
10The devices shall not be displayed to the general public or 
11sold for other use in this State. The use or possession of a 
12paint pellet or paint pellet gun is permitted if the use or 
13possession is solely within premises licensed as a public place 
14of amusement; or if the use or possession is solely for the 
15purpose of transporting the paint pellet or paint pellet gun to 
16or from those premises by the licensee or agent or employee of 
17the licensee, or by a common carrier, for purposes of initial 
18delivery, repair, or disposal of the paint pellet or paint 
19pellet gun.
20 (d) Sentence.
A person who violates this Section is guilty 
21of a Class B misdemeanor. Each purchase, use, sale, gift, or 
22transfer of any replica firearm, paint pellet, or paint pellet 
23gun in violation of this Section is a separate and distinct 
24offense, and each day a person unlawfully engages in the 
25business of selling or exhibits for sale any replica firearm, 
26paint pellet, or paint pellet gun in violation of this Section 
 
 
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1is a separate and distinct offense.


2 Section 99. Effective date. This Act takes effect upon 
3becoming law.