99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB6008

Introduced , by Rep. Carol A. Sente

SYNOPSIS AS INTRODUCED:

`55 ILCS 5/5-1117`	`from Ch. 34, par. 5-1117`
`520 ILCS 5/2.33`	`from Ch. 61, par. 2.33`

Amends the Counties Code and the Wildlife Code. Provides that in the counties of Cook, Lake, Will, and DuPage, it is unlawful for any person to

discharge any firearm for the purpose
of taking any of the species

protected by the Wildlife Code, or hunt with gun or
dog, or intentionally

or wantonly allow a dog to hunt, within 1,000 yards of an inhabited

dwelling without
first obtaining permission from the owner or tenant.

Permits the discharge of firearms at a licensed shooting range regardless of the distance from inhabited residences. Preempts a home rule unit located in the counties of Cook, Lake, Will, and DuPage from regulating the discharge of firearms in a manner inconsistent with these provisions.

LRB099 19073 RLC 44976 b

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

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LRB099 19073 RLC 44976 b

1 AN ACT concerning firearms.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Counties Code is amended by changing Section

5 5-1117 as follows:

6 (55 ILCS 5/5-1117) (from Ch. 34, par. 5-1117)

7 Sec. 5-1117. Discharge of firearms.

8 (a) The county board of any county may, by ordinance,

9 regulate or prohibit within unincorporated areas the discharge

10 of firearms in any residential area where such discharge is

11 likely to subject residents or passersby to the risk of injury.

12 However, such an ordinance shall not limit the right to

13 discharge a firearm for the lawful defense of persons or

14 property, or in the course of making a lawful arrest, when such

15 use of force is justified under Article 7 of the Criminal Code

16 of 2012.

17 (a-5) Nothing in this Section prohibits the discharge of

18 firearms at a licensed shooting range.

19 (b) For the purposes of this Section, a "residential area"

20 in counties other than Cook, Lake, Will, and DuPageis any area

21 within 300 yards of at least 3 single or multi-family

22 residential structures.In the counties of Cook, Lake, Will,

23 and DuPage, a "residential area" is any area within 1,000 yards

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1 of an inhabited dwelling.

2 (c) A home rule unit located in the counties of Cook, Lake,

3 Will, and DuPage may not regulate the discharge of firearms in

4 a manner that is inconsistent with this Section. This Section

5 is a limitation under subsection (i) of Section 6 of Article

6 VII of the Illinois Constitution on the concurrent exercise by

7 home rule units of powers and functions exercised by the State.

8 (Source: P.A. 97-1150, eff. 1-25-13.)

9 Section 10. The Wildlife Code is amended by changing

10 Section 2.33 as follows:

11 (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)

12 Sec. 2.33. Prohibitions.

13 (a) It is unlawful to carry or possess any gun in any State

14 refuge unless otherwise permitted by administrative rule.

15 (b) It is unlawful to use or possess any snare or

16 snare-like device, deadfall, net, or pit trap to take any

17 species, except that snares not powered by springs or other

18 mechanical devices may be used to trap fur-bearing mammals, in

19 water sets only, if at least one-half of the snare noose is

20 located underwater at all times.

21 (c) It is unlawful for any person at any time to take a

22 wild mammal protected by this Act from its den by means of any

23 mechanical device, spade, or digging device or to use smoke or

24 other gases to dislodge or remove such mammal except as

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1 provided in Section 2.37.

2 (d) It is unlawful to use a ferret or any other small

3 mammal which is used in the same or similar manner for which

4 ferrets are used for the purpose of frightening or driving any

5 mammals from their dens or hiding places.

6 (e) (Blank).

7 (f) It is unlawful to use spears, gigs, hooks or any like

8 device to take any species protected by this Act.

9 (g) It is unlawful to use poisons, chemicals or explosives

10 for the purpose of taking any species protected by this Act.

11 (h) It is unlawful to hunt adjacent to or near any peat,

12 grass, brush or other inflammable substance when it is burning.

13 (i) It is unlawful to take, pursue or intentionally harass

14 or disturb in any manner any wild birds or mammals by use or

15 aid of any vehicle or conveyance, except as permitted by the

16 Code of Federal Regulations for the taking of waterfowl. It is

17 also unlawful to use the lights of any vehicle or conveyance or

18 any light from or any light connected to the vehicle or

19 conveyance in any area where wildlife may be found except in

20 accordance with Section 2.37 of this Act; however, nothing in

21 this Section shall prohibit the normal use of headlamps for the

22 purpose of driving upon a roadway. Striped skunk, opossum, red

23 fox, gray fox, raccoon, bobcat, and coyote may be taken during

24 the open season by use of a small light which is worn on the

25 body or hand-held by a person on foot and not in any vehicle.

26 (j) It is unlawful to use any shotgun larger than 10 gauge

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1 while taking or attempting to take any of the species protected

2 by this Act.

3 (k) It is unlawful to use or possess in the field any

4 shotgun shell loaded with a shot size larger than lead BB or

5 steel T (.20 diameter) when taking or attempting to take any

6 species of wild game mammals (excluding white-tailed deer),

7 wild game birds, migratory waterfowl or migratory game birds

8 protected by this Act, except white-tailed deer as provided for

9 in Section 2.26 and other species as provided for by subsection

10 (l) or administrative rule.

11 (l) It is unlawful to take any species of wild game, except

12 white-tailed deer and fur-bearing mammals, with a shotgun

13 loaded with slugs unless otherwise provided for by

14 administrative rule.

15 (m) It is unlawful to use any shotgun capable of holding

16 more than 3 shells in the magazine or chamber combined, except

17 on game breeding and hunting preserve areas licensed under

18 Section 3.27 and except as permitted by the Code of Federal

19 Regulations for the taking of waterfowl. If the shotgun is

20 capable of holding more than 3 shells, it shall, while being

21 used on an area other than a game breeding and shooting

22 preserve area licensed pursuant to Section 3.27, be fitted with

23 a one piece plug that is irremovable without dismantling the

24 shotgun or otherwise altered to render it incapable of holding

25 more than 3 shells in the magazine and chamber, combined.

26 (n) It is unlawful for any person, except persons who

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1 possess a permit to hunt from a vehicle as provided in this

2 Section and persons otherwise permitted by law, to have or

3 carry any gun in or on any vehicle, conveyance or aircraft,

4 unless such gun is unloaded and enclosed in a case, except that

5 at field trials authorized by Section 2.34 of this Act,

6 unloaded guns or guns loaded with blank cartridges only, may be

7 carried on horseback while not contained in a case, or to have

8 or carry any bow or arrow device in or on any vehicle unless

9 such bow or arrow device is unstrung or enclosed in a case, or

10 otherwise made inoperable.

11 (o) It is unlawful to use any crossbow for the purpose of

12 taking any wild birds or mammals, except as provided for in

13 Section 2.5.

14 (p) It is unlawful to take game birds, migratory game birds

15 or migratory waterfowl with a rifle, pistol, revolver or

16 airgun.

17 (q) It is unlawful to fire a rifle, pistol, revolver or

18 airgun on, over or into any waters of this State, including

19 frozen waters.

20 (r) It is unlawful to discharge any gun or bow and arrow

21 device along, upon, across, or from any public right-of-way or

22 highway in this State.

23 (s) It is unlawful to use a silencer or other device to

24 muffle or mute the sound of the explosion or report resulting

25 from the firing of any gun.

26 (t) It is unlawful for any person to take or attempt to

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1 take any species of wildlife or parts thereof, intentionally or

2 wantonly allow a dog to hunt, within or upon the land of

3 another, or upon waters flowing over or standing on the land of

4 another, or to knowingly shoot a gun or bow and arrow device at

5 any wildlife physically on or flying over the property of

6 another without first obtaining permission from the owner or

7 the owner's designee. For the purposes of this Section, the

8 owner's designee means anyone who the owner designates in a

9 written authorization and the authorization must contain (i)

10 the legal or common description of property for such authority

11 is given, (ii) the extent that the owner's designee is

12 authorized to make decisions regarding who is allowed to take

13 or attempt to take any species of wildlife or parts thereof,

14 and (iii) the owner's notarized signature. Before enforcing

15 this Section the law enforcement officer must have received

16 notice from the owner or the owner's designee of a violation of

17 this Section. Statements made to the law enforcement officer

18 regarding this notice shall not be rendered inadmissible by the

19 hearsay rule when offered for the purpose of showing the

20 required notice.

21 (u) In counties other than Cook, Lake, Will, and DuPage, it

22 ~~It~~ is unlawful for any person to discharge any firearm for the

23 purpose of taking any of the species protected by this Act, or

24 hunt with gun or dog, or intentionally or wantonly allow a dog

25 to hunt, within 300 yards of an inhabited dwelling without

26 first obtaining permission from the owner or tenant, except

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1 that while trapping, hunting with bow and arrow, hunting with

2 dog and shotgun using shot shells only, or hunting with shotgun

3 using shot shells only, or providing outfitting services under

4 a waterfowl outfitter permit, or on licensed game breeding and

5 hunting preserve areas, as defined in Section 3.27, on

6 federally owned and managed lands and on Department owned,

7 managed, leased, or controlled lands, a 100 yard restriction

8 shall apply.

9 (u-5) In the counties of Cook, Lake, Will, and DuPage, it

10 is unlawful for any person to discharge any firearm for the

11 purpose of taking any of the species protected by this Act, or

12 hunt with gun or dog, or intentionally or wantonly allow a dog

13 to hunt, within 1,000 yards of an inhabited dwelling without

14 first obtaining permission from the owner or tenant. Nothing in

15 this subsection (u-5) prohibits the discharge of firearms at a

16 licensed shooting range. A home rule unit located in the

17 counties of Cook, Lake, Will, and DuPage may not regulate the

18 discharge of firearms in a manner that is inconsistent with

19 this subsection (u-5). This subsection (u-5) is a limitation

20 under subsection (i) of Section 6 of Article VII of the

21 Illinois Constitution on the concurrent exercise by home rule

22 units of powers and functions exercised by the State.

23 (v) It is unlawful for any person to remove fur-bearing

24 mammals from, or to move or disturb in any manner, the traps

25 owned by another person without written authorization of the

26 owner to do so.

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1 (w) It is unlawful for any owner of a dog to knowingly or

2 wantonly allow his or her dog to pursue, harass or kill deer,

3 except that nothing in this Section shall prohibit the tracking

4 of wounded deer with a dog in accordance with the provisions of

5 Section 2.26 of this Code.

6 (x) It is unlawful for any person to wantonly or carelessly

7 injure or destroy, in any manner whatsoever, any real or

8 personal property on the land of another while engaged in

9 hunting or trapping thereon.

10 (y) It is unlawful to hunt wild game protected by this Act

11 between one half hour after sunset and one half hour before

12 sunrise, except that hunting hours between one half hour after

13 sunset and one half hour before sunrise may be established by

14 administrative rule for fur-bearing mammals.

15 (z) It is unlawful to take any game bird (excluding wild

16 turkeys and crippled pheasants not capable of normal flight and

17 otherwise irretrievable) protected by this Act when not flying.

18 Nothing in this Section shall prohibit a person from carrying

19 an uncased, unloaded shotgun in a boat, while in pursuit of a

20 crippled migratory waterfowl that is incapable of normal

21 flight, for the purpose of attempting to reduce the migratory

22 waterfowl to possession, provided that the attempt is made

23 immediately upon downing the migratory waterfowl and is done

24 within 400 yards of the blind from which the migratory

25 waterfowl was downed. This exception shall apply only to

26 migratory game birds that are not capable of normal flight.

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1 Migratory waterfowl that are crippled may be taken only with a

2 shotgun as regulated by subsection (j) of this Section using

3 shotgun shells as regulated in subsection (k) of this Section.

4 (aa) It is unlawful to use or possess any device that may

5 be used for tree climbing or cutting, while hunting fur-bearing

6 mammals, excluding coyotes.

7 (bb) It is unlawful for any person, except licensed game

8 breeders, pursuant to Section 2.29 to import, carry into, or

9 possess alive in this State any species of wildlife taken

10 outside of this State, without obtaining permission to do so

11 from the Director.

12 (cc) It is unlawful for any person to have in his or her

13 possession any freshly killed species protected by this Act

14 during the season closed for taking.

15 (dd) It is unlawful to take any species protected by this

16 Act and retain it alive except as provided by administrative

17 rule.

18 (ee) It is unlawful to possess any rifle while in the field

19 during gun deer season except as provided in Section 2.26 and

20 administrative rules.

21 (ff) It is unlawful for any person to take any species

22 protected by this Act, except migratory waterfowl, during the

23 gun deer hunting season in those counties open to gun deer

24 hunting, unless he or she wears, when in the field, a cap and

25 upper outer garment of a solid blaze orange color, with such

26 articles of clothing displaying a minimum of 400 square inches

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1 of blaze orange material.

2 (gg) It is unlawful during the upland game season for any

3 person to take upland game with a firearm unless he or she

4 wears, while in the field, a cap of solid blaze orange color.

5 For purposes of this Act, upland game is defined as Bobwhite

6 Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern

7 Cottontail and Swamp Rabbit.

8 (hh) It shall be unlawful to kill or cripple any species

9 protected by this Act for which there is a bag limit without

10 making a reasonable effort to retrieve such species and include

11 such in the bag limit. It shall be unlawful for any person

12 having control over harvested game mammals, game birds, or

13 migratory game birds for which there is a bag limit to wantonly

14 waste or destroy the usable meat of the game, except this shall

15 not apply to wildlife taken under Sections 2.37 or 3.22 of this

16 Code. For purposes of this subsection, "usable meat" means the

17 breast meat of a game bird or migratory game bird and the hind

18 ham and front shoulders of a game mammal. It shall be unlawful

19 for any person to place, leave, dump, or abandon a wildlife

20 carcass or parts of it along or upon a public right-of-way or

21 highway or on public or private property, including a waterway

22 or stream, without the permission of the owner or tenant. It

23 shall not be unlawful to discard game meat that is determined

24 to be unfit for human consumption.

25 (ii) This Section shall apply only to those species

26 protected by this Act taken within the State. Any species or

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1 any parts thereof, legally taken in and transported from other

2 states or countries, may be possessed within the State, except

3 as provided in this Section and Sections 2.35, 2.36 and 3.21.

4 (jj) (Blank).

5 (kk) Nothing contained in this Section shall prohibit the

6 Director from issuing permits to paraplegics or to other

7 persons with disabilities who meet the requirements set forth

8 in administrative rule to shoot or hunt from a vehicle as

9 provided by that rule, provided that such is otherwise in

10 accord with this Act.

11 (ll) Nothing contained in this Act shall prohibit the

12 taking of aquatic life protected by the Fish and Aquatic Life

13 Code or birds and mammals protected by this Act, except deer

14 and fur-bearing mammals, from a boat not camouflaged or

15 disguised to alter its identity or to further provide a place

16 of concealment and not propelled by sail or mechanical power.

17 However, only shotguns not larger than 10 gauge nor smaller

18 than .410 bore loaded with not more than 3 shells of a shot

19 size no larger than lead BB or steel T (.20 diameter) may be

20 used to take species protected by this Act.

21 (mm) Nothing contained in this Act shall prohibit the use

22 of a shotgun, not larger than 10 gauge nor smaller than a 20

23 gauge, with a rifled barrel.

24 (nn) It shall be unlawful to possess any species of

25 wildlife or wildlife parts taken unlawfully in Illinois, any

26 other state, or any other country, whether or not the wildlife

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1 or wildlife parts is indigenous to Illinois. For the purposes

2 of this subsection, the statute of limitations for unlawful

3 possession of wildlife or wildlife parts shall not cease until

4 2 years after the possession has permanently ended.

5 (Source: P.A. 98-119, eff. 1-1-14; 98-181, eff. 8-5-13; 98-183,

6 eff. 1-1-14; 98-290, eff. 8-9-13; 98-756, eff. 7-16-14; 98-914,

7 eff. 1-1-15; 99-33, eff. 1-1-16; 99-143, eff. 7-27-15; revised

8 10-20-15.)