Bill would regulate civilians' Taser use

[Jeff White]

http://www.stltoday.com/stltoday/ne...45A1602B8BEFAD4586256FE7001786D5?OpenDocument

Bill would regulate civilians’ Taser use
By Georgina Gustin
Of the Post-Dispatch

As ordinary people look toward Tasers and stun guns for self-protection, Illinois and Missouri are among states seeking ways to regulate or even ban the devices from civilian use.

Illinois residents seeking to buy one would have to receive training and hold a Firearm Owner's Identification Card, under a bill passed Thursday by the Illinois House.

In Missouri, state Sen. Yvonne Wilson, D-Kansas City, introduced a bill that would outlaw the weapons' possession by anyone outside law enforcement.

The Illinois bill, sponsored by Rep. Ron Stephens, R-Greenville, would make prospective buyers register as firearm owners, which requires a background check, and wait 24 hours before taking delivery. The bill also calls for a four-hour course by an approved instructor and would increase the penalty for a crime committed with such a device.

"Is this worthy of attention by the Legislature? I think it is, and my colleagues agree," Stephens said. "You should have the right to own a Taser, but you should have training."

Stephens said the bill would make Illinois the first state where Tasers and stun guns can be legally purchased to put restrictions on them.

It is illegal to purchase a Taser or stun gun in seven states and Washington, D.C., as well as in some cities, including Chicago. They are legal and unregulated in the rest, meaning anyone can purchase one through a dealer or off the Internet.

In Illinois it is illegal to carry concealed, loaded firearms - which under the law include Tasers and stun guns. But Stephens said he plans to file a "trailer bill" that would clearly exempt Tasers and stun guns from that provision.

The Illinois State Police support the original bill, but a spokesman would not comment on permitting concealed carry.

A Taser is a pistol-like device that uses compressed nitrogen to fire barbs that penetrate clothing or skin and deliver a jolt of electricity through wires that remain attached to the user's handle. It generally causes incapacitation long enough for an officer to handcuff a suspect - or a civilian to flee a confrontation. A stun gun, by contrast, delivers a jolt from direct contact with a device held by its user.

Taser International, the company that makes the devices, has promoted Tasers as an effective nonlethal law enforcement tool, and police agencies have responded. As of 2003, they were in use at 2,500 U.S. law enforcement agencies, including some in the St. Louis area.

Late last year, Taser International, which began selling its products to law enforcement agencies in 1998, started marketing a version to the public, generating fresh interest - and concern - from lawmakers.

Sen. Wilson and other critics worry that the weapons are too easy to obtain and can be used to commit crimes.

"I've heard some horrible stories of incidents where Tasers are used against women to disable them as they were walking to their cars," Wilson said. "And I'm afraid of what might happen with kids at bus stops or on college campuses."

Taser International has come under fire by the Securities and Exchange Commission, which is investigating the company's safety claims. In the company's latest SEC filing, the company said it had been sued 18 times since April 2003 for personal injury or wrongful death.

Amnesty International, the human rights group, has called for studies into how Tasers affect patients with cardiac problems, epilepsy or multiple sclerosis. Many police departments have said they intend to re-examine the safety issue.

Tasers sold to the public are less powerful, with shorter wires than those sold to police. They also release tiny coded identification tags every time they are fired. The tags contain serial numbers that can be traced back to the owner.

The technology, Taser International has said, is an improvement over traditional stun guns, which have to be fired at close range and often don't debilitate strong or determined targets.

Steven King, owner of the Belleville Shooting Range and an approved Taser instructor, said he has sold many Tasers, particularly to women and older people, since he began stocking them last fall. "They don't want to carry a firearm, so they carry a Taser," King said.

King explained that when he sells a Taser, he fills out a registration card and sends it to the company, which then contacts the new owner of the device with information about nearby certified trainers.

But King believes few people actually seek out training. "I don't think it's been a real success," he said of Taser's pro-training efforts.

While King said he was supportive of a law that would require Taser owners to have a Firearm Owner's Identification Card, legally mandating training represents something of a contradiction.

"We don't require training for firearms," he noted. "Why require it for Tasers?"

A spokesman for Taser did not return calls last week but sent an e-mail response to a Post-Dispatch inquiry.

"Taser International continues to support thoughtful state and local legislative initiatives which promote the responsible use of remote stun guns and enhance the penalties for the misuse of these self-defense weapons including our Taser devices. We do, however, have some technical and practical issues with Rep. Stephens' legislation; most notably the fact that HB2941 effectively redefines remote stun guns as firearms in direct contravention of the United States Bureau of Alcohol, Tobacco and Firearms rulings."

Reporter Georgina Gustin
E-mail: [email protected]
Phone: 618-659-3640

Very strange...Tasers are already illegal to use in Illinois. The article is wrong when it states they are currently legal.

http://www.ilga.gov/legislation/ilc...0&SeqEnd=59700&ActName=Criminal+Code+of+1961.

(720 ILCS 5/Art. 24 heading) ARTICLE 24. DEADLY WEAPONS

(720 ILCS 5/24‑1) (from Ch. 38, par. 24‑1)
Sec. 24‑1. Unlawful Use of Weapons.
(a) A person commits the offense of unlawful use of weapons when he knowingly:
(1) Sells, manufactures, purchases, possesses or

carries any bludgeon, black‑jack, slung‑shot, sand‑club, sand‑bag, metal knuckles, throwing star, or any knife, commonly referred to as a switchblade knife, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or a ballistic knife, which is a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material or compressed gas; or
(2) Carries or possesses with intent to use the same unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, stun gun or taser or any other dangerous or deadly weapon or instrument of like character; or
(3) Carries on or about his person or in any vehicle, a tear gas gun projector or bomb or any object containing noxious liquid gas or substance, other than an object containing a non‑lethal noxious liquid gas or substance designed solely for personal defense carried by a person 18 years of age or older; or
(4) Carries or possesses in any vehicle or concealed on or about his person except when on his land or in his own abode or fixed place of business any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a) (4) does not apply to or affect transportation of weapons that meet one of the following conditions:
(i) are broken down in a non‑functioning state;
or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card; or
(5) Sets a spring gun; or
(6) Possesses any device or attachment of any kind designed, used or intended for use in silencing the report of any firearm; or
(7) Sells, manufactures, purchases, possesses or carries:
(i) a machine gun, which shall be defined for the purposes of this subsection as any weapon, which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot without manually reloading by a single function of the trigger, including the frame or receiver of any such weapon, or sells, manufactures, purchases, possesses, or carries any combination of parts designed or intended for use in converting any weapon into a machine gun, or any combination or parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person;
(ii) any rifle having one or more barrels less than 16 inches in length or a shotgun having one or more barrels less than 18 inches in length or any weapon made from a rifle or shotgun, whether by alteration, modification, or otherwise, if such a weapon as modified has an overall length of less than 26 inches; or
(iii) any bomb, bomb‑shell, grenade, bottle or other container containing an explosive substance of over one‑quarter ounce for like purposes, such as, but not limited to, black powder bombs and Molotov cocktails or artillery projectiles; or
(8) Carries or possesses any firearm, stun gun or taser or other deadly weapon in any place which is licensed to sell intoxicating beverages, or at any public gathering held pursuant to a license issued by any governmental body or any public gathering at which an admission is charged, excluding a place where a showing, demonstration or lecture involving the exhibition of unloaded firearms is conducted.
This subsection (a)(8) does not apply to any auction or raffle of a firearm held pursuant to a license or permit issued by a governmental body, nor does it apply to persons engaged in firearm safety training courses; or
(9) Carries or possesses in a vehicle or on or about his person any pistol, revolver,stun gun or taser or firearm or ballistic knife, when he is hooded, robed or masked in such manner as to conceal his identity; or
(10) Carries or possesses on or about his person, upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his land or in his own abode or fixed place of business, any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a) (10) does not apply to or affect transportation of weapons that meet one of the following conditions:
(i) are broken down in a non‑functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card.

A "stun gun or taser", as used in this paragraph (a) means (i) any device which is powered by electrical charging units, such as, batteries, and which fires one or several barbs attached to a length of wire and which, upon hitting a human, can send out a current capable of disrupting the person's nervous system in such a manner as to render him incapable of normal functioning or (ii) any device which is powered by electrical charging units, such as batteries, and which, upon contact with a human or clothing worn by a human, can send out current capable of disrupting the person's nervous system in such a manner as to render him incapable of normal functioning; or
(11) Sells, manufactures or purchases any explosive bullet. For purposes of this paragraph (a) "explosive bullet" means the projectile portion of an ammunition cartridge which contains or carries an explosive charge which will explode upon contact with the flesh of a human or an animal. "Cartridge" means a tubular metal case having a projectile affixed at the front thereof and a cap or primer at the rear end thereof, with the propellant contained in such tube between the projectile and the cap; or
(12) (Blank).
(b) Sentence. A person convicted of a violation of subsection 24‑1(a)(1) through (5), subsection 24‑1(a)(10), or subsection 24‑1(a)(11) commits a Class A misdemeanor. A person convicted of a violation of subsection 24‑1(a)(8) or 24‑1(a)(9) commits a Class 4 felony; a person convicted of a violation of subsection 24‑1(a)(6) or 24‑1(a)(7)(ii) or (iii) commits a Class 3 felony. A person convicted of a violation of subsection 24‑1(a)(7)(i) commits a Class 2 felony, unless the weapon is possessed in the passenger compartment of a motor vehicle as defined in Section 1‑146 of the Illinois Vehicle Code, or on the person, while the weapon is loaded, in which case it shall be a Class X felony. A person convicted of a second or subsequent violation of subsection 24‑1(a)(4), 24‑1(a)(8), 24‑1(a)(9), or 24‑1(a)(10) commits a Class 3 felony.

 

[Jeff White]

This is the actual text of the bill:
http://www.ilga.gov/legislation/ful...=50&GA=94&DocTypeID=HB&DocNum=2941&print=true

HB2941 Engrossed LRB094 05393 RLC 35438 b

1 AN ACT concerning criminal law.

2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:

4 Section 5. The Firearm Owners Identification Card Act is
5 amended by changing the title of the Act and Sections 1, 1.1,
6 2, 3, and 3.1 as follows:

7 (430 ILCS 65/Act title)
8 An Act relating to the acquisition, possession and transfer
9 of firearms, xxx firearm ammunition, stun guns, and tasers, to
10 provide a penalty for the violation thereof and to make an
11 appropriation in connection therewith.

12 (430 ILCS 65/1) (from Ch. 38, par. 83-1)
13 Sec. 1. It is hereby declared as a matter of legislative
14 determination that in order to promote and protect the health,
15 safety and welfare of the public, it is necessary and in the
16 public interest to provide a system of identifying persons who
17 are not qualified to acquire or possess firearms, and firearm
18 ammunition, stun guns, and tasers within the State of Illinois
19 by the establishment of a system of Firearm Owner's
20 Identification Cards, thereby establishing a practical and
21 workable system by which law enforcement authorities will be
22 afforded an opportunity to identify those persons who are
23 prohibited by Section 24--3.1 of the "Criminal Code of 1961",
24 as amended, from acquiring or possessing firearms and firearm
25 ammunition and who are prohibited by this Act from acquiring
26 stun guns and tasers.
27 (Source: Laws 1967, p. 2600.)

28 (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
29 Sec. 1.1. For purposes of this Act:
30 "Counterfeit" means to copy or imitate, without legal


HB2941 Engrossed - 2 - LRB094 05393 RLC 35438 b

1 authority, with intent to deceive.
2 "Firearm" means any device, by whatever name known, which
3 is designed to expel a projectile or projectiles by the action
4 of an explosion, expansion of gas or escape of gas; excluding,
5 however:
6 (1) any pneumatic gun, spring gun, paint ball gun or
7 B-B gun which either expels a single globular projectile
8 not exceeding .18 inch in diameter and which has a maximum
9 muzzle velocity of less than 700 feet per second or
10 breakable paint balls containing washable marking colors;
11 (2) any device used exclusively for signalling or
12 safety and required or recommended by the United States
13 Coast Guard or the Interstate Commerce Commission;
14 (3) any device used exclusively for the firing of stud
15 cartridges, explosive rivets or similar industrial
16 ammunition; and
17 (4) an antique firearm (other than a machine-gun)
18 which, although designed as a weapon, the Department of
19 State Police finds by reason of the date of its
20 manufacture, value, design, and other characteristics is
21 primarily a collector's item and is not likely to be used
22 as a weapon.
23 "Firearm ammunition" means any self-contained cartridge or
24 shotgun shell, by whatever name known, which is designed to be
25 used or adaptable to use in a firearm; excluding, however:
26 (1) any ammunition exclusively designed for use with a
27 device used exclusively for signalling or safety and
28 required or recommended by the United States Coast Guard or
29 the Interstate Commerce Commission; and
30 (2) any ammunition designed exclusively for use with a
31 stud or rivet driver or other similar industrial
32 ammunition.
33 "Stun gun or taser" has the meaning ascribed to it in
34 Section 24-1 of the Criminal Code of 1961.
35 (Source: P.A. 91-357, eff. 7-29-99; 92-414, eff. 1-1-02.)


HB2941 Engrossed - 3 - LRB094 05393 RLC 35438 b

1 (430 ILCS 65/2) (from Ch. 38, par. 83-2)
2 Sec. 2. Firearm Owner's Identification Card required;
3 exceptions.
4 (a) (1) No person may acquire or possess any firearm, stun
5 gun, or taser within this State without having in his or
6 her possession a Firearm Owner's Identification Card
7 previously issued in his or her name by the Department of
8 State Police under the provisions of this Act. A person
9 acquiring or possessing a stun gun or taser must present to
10 the transferor of the stun gun or taser such proof as
11 required by the Department of State Police that he or she
12 has completed a course of instruction of at least 4 hours
13 in the use of a stun gun or taser approved by the
14 Department of State Police.
15 (2) No person may acquire or possess firearm ammunition
16 within this State without having in his or her possession a
17 Firearm Owner's Identification Card previously issued in
18 his or her name by the Department of State Police under the
19 provisions of this Act.
20 (b) The provisions of this Section regarding the possession
21 of firearms, and firearm ammunition, stun guns, and tasers do
22 not apply to:
23 (1) United States Marshals, while engaged in the
24 operation of their official duties;
25 (2) Members of the Armed Forces of the United States or
26 the National Guard, while engaged in the operation of their
27 official duties;
28 (3) Federal officials required to carry firearms,
29 while engaged in the operation of their official duties;
30 (4) Members of bona fide veterans organizations which
31 receive firearms directly from the armed forces of the
32 United States, while using the firearms for ceremonial
33 purposes with blank ammunition;
34 (5) Nonresident hunters during hunting season, with
35 valid nonresident hunting licenses and while in an area
36 where hunting is permitted; however, at all other times and




HB2941 Engrossed - 4 - LRB094 05393 RLC 35438 b

1 in all other places these persons must have their firearms
2 unloaded and enclosed in a case;
3 (6) Those hunters exempt from obtaining a hunting
4 license who are required to submit their Firearm Owner's
5 Identification Card when hunting on Department of Natural
6 Resources owned or managed sites;
7 (7) Nonresidents while on a firing or shooting range
8 recognized by the Department of State Police; however,
9 these persons must at all other times and in all other
10 places have their firearms unloaded and enclosed in a case;
11 (8) Nonresidents while at a firearm showing or display
12 recognized by the Department of State Police; however, at
13 all other times and in all other places these persons must
14 have their firearms unloaded and enclosed in a case;
15 (9) Nonresidents whose firearms are unloaded and
16 enclosed in a case;
17 (10) Nonresidents who are currently licensed or
18 registered to possess a firearm in their resident state;
19 (11) Unemancipated minors while in the custody and
20 immediate control of their parent or legal guardian or
21 other person in loco parentis to the minor if the parent or
22 legal guardian or other person in loco parentis to the
23 minor has a currently valid Firearm Owner's Identification
24 Card;
25 (12) Color guards of bona fide veterans organizations
26 or members of bona fide American Legion bands while using
27 firearms for ceremonial purposes with blank ammunition;
28 (13) Nonresident hunters whose state of residence does
29 not require them to be licensed or registered to possess a
30 firearm and only during hunting season, with valid hunting
31 licenses, while accompanied by, and using a firearm owned
32 by, a person who possesses a valid Firearm Owner's
33 Identification Card and while in an area within a
34 commercial club licensed under the Wildlife Code where
35 hunting is permitted and controlled, but in no instance
36 upon sites owned or managed by the Department of Natural


HB2941 Engrossed - 5 - LRB094 05393 RLC 35438 b

1 Resources;
2 (14) Resident hunters who are properly authorized to
3 hunt and, while accompanied by a person who possesses a
4 valid Firearm Owner's Identification Card, hunt in an area
5 within a commercial club licensed under the Wildlife Code
6 where hunting is permitted and controlled; and
7 (15) A person who is otherwise eligible to obtain a
8 Firearm Owner's Identification Card under this Act and is
9 under the direct supervision of a holder of a Firearm
10 Owner's Identification Card who is 21 years of age or older
11 while the person is on a firing or shooting range or is a
12 participant in a firearms safety and training course
13 recognized by a law enforcement agency or a national,
14 statewide shooting sports organization.
15 (c) The provisions of this Section regarding the
16 acquisition and possession of firearms, and firearm
17 ammunition, stun guns, and tasers do not apply to law
18 enforcement officials of this or any other jurisdiction, while
19 engaged in the operation of their official duties.
20 (Source: P.A. 91-694, eff. 4-13-00; 92-839, eff. 8-22-02.)

21 (430 ILCS 65/3) (from Ch. 38, par. 83-3)
22 Sec. 3. (a) Except as provided in Section 3a, no person may
23 knowingly transfer, or cause to be transferred, any firearm, or
24 any firearm ammunition, stun gun, or taser to any person within
25 this State unless the transferee with whom he deals displays a
26 currently valid Firearm Owner's Identification Card which has
27 previously been issued in his name by the Department of State
28 Police under the provisions of this Act. No person may
29 knowingly transfer, or cause to be transferred, any stun gun or
30 taser unless the transferee presents such proof to the
31 transferor as required by the Department of State Police that
32 the transferee has completed a course of instruction of at
33 least 4 hours in the use of a stun gun or taser approved by the
34 Department of State Police. In addition, all firearm, stun gun,
35 and taser transfers by federally licensed firearm dealers are


HB2941 Engrossed - 6 - LRB094 05393 RLC 35438 b

1 subject to Section 3.1.
2 (b) Any person within this State who transfers or causes to
3 be transferred any firearm, stun gun, or taser shall keep a
4 record of such transfer for a period of 10 years from the date
5 of transfer. Such record shall contain the date of the
6 transfer; the description, serial number or other information
7 identifying the firearm, stun gun, or taser if no serial number
8 is available; and, if the transfer was completed within this
9 State, the transferee's Firearm Owner's Identification Card
10 number. On demand of a peace officer such transferor shall
11 produce for inspection such record of transfer.
12 (c) The provisions of this Section regarding the transfer
13 of firearm ammunition shall not apply to those persons
14 specified in paragraph (b) of Section 2 of this Act.
15 (Source: P.A. 92-442, eff. 8-17-01.)

16 (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
17 Sec. 3.1. Dial up system. The Department of State Police
18 shall provide a dial up telephone system which shall be used by
19 any federally licensed firearm dealer who is to transfer a
20 firearm, stun gun, or taser under the provisions of this Act.
21 The Department of State Police shall utilize existing
22 technology which allows the caller to be charged a fee
23 equivalent to the cost of providing this service but not to
24 exceed $2. Fees collected by the Department of State Police
25 shall be deposited in the State Police Services Fund and used
26 to provide the service.
27 Upon receiving a request from a federally licensed firearm
28 dealer, the Department of State Police shall immediately
29 approve, or within the time period established by Section 24-3
30 of the Criminal Code of 1961 regarding the delivery of
31 firearms, stun guns, and tasers notify the inquiring dealer of
32 any objection that would disqualify the transferee from
33 acquiring or possessing a firearm, stun gun, or taser. In
34 conducting the inquiry, the Department of State Police shall
35 initiate and complete an automated search of its criminal

 

[Jeff White]

HB2941 Engrossed - 7 - LRB094 05393 RLC 35438 b

1 history record information files and those of the Federal
2 Bureau of Investigation, including the National Instant
3 Criminal Background Check System, and of the files of the
4 Department of Human Services relating to mental health and
5 developmental disabilities to obtain any felony conviction or
6 patient hospitalization information which would disqualify a
7 person from obtaining or require revocation of a currently
8 valid Firearm Owner's Identification Card.
9 The Department of State Police must act as the Illinois
10 Point of Contact for the National Instant Criminal Background
11 Check System.
12 The Department of State Police shall promulgate rules to
13 implement this system.
14 (Source: P.A. 91-399, eff. 7-30-99.)

15 Section 10. The Criminal Code of 1961 is amended by
16 changing Section 24-3 and by adding Article 33G as follows:

17 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
18 Sec. 24-3. Unlawful Sale of Firearms.
19 (A) A person commits the offense of unlawful sale of
20 firearms when he or she knowingly does any of the following:
21 (a) Sells or gives any firearm of a size which may be
22 concealed upon the person to any person under 18 years of
23 age.
24 (b) Sells or gives any firearm to a person under 21
25 years of age who has been convicted of a misdemeanor other
26 than a traffic offense or adjudged delinquent.
27 (c) Sells or gives any firearm to any narcotic addict.
28 (d) Sells or gives any firearm to any person who has
29 been convicted of a felony under the laws of this or any
30 other jurisdiction.
31 (e) Sells or gives any firearm to any person who has
32 been a patient in a mental hospital within the past 5
33 years.
34 (f) Sells or gives any firearms to any person who is


HB2941 Engrossed - 8 - LRB094 05393 RLC 35438 b

1 mentally retarded.
2 (g) Delivers any firearm of a size which may be
3 concealed upon the person, incidental to a sale, without
4 withholding delivery of such firearm for at least 72 hours
5 after application for its purchase has been made, or
6 delivers any rifle, shotgun, or other long gun, stun gun,
7 or taser incidental to a sale, without withholding delivery
8 of such rifle, shotgun, or other long gun, stun gun, or
9 taser for at least 24 hours after application for its
10 purchase has been made. However, this paragraph (g) does
11 not apply to: (1) the sale of a firearm, stun gun, or taser
12 to a law enforcement officer or a person who desires to
13 purchase a firearm, stun gun, or taser for use in promoting
14 the public interest incident to his or her employment as a
15 bank guard, armed truck guard, or other similar employment;
16 (2) a mail order sale of a firearm, stun gun, or taser to a
17 nonresident of Illinois under which the firearm, stun gun,
18 or taser is mailed to a point outside the boundaries of
19 Illinois; (3) the sale of a firearm, stun gun, or taser to
20 a nonresident of Illinois while at a firearm, stun gun, or
21 taser showing or display recognized by the Illinois
22 Department of State Police; or (4) the sale of a firearm,
23 stun gun, or taser to a dealer licensed as a federal
24 firearms dealer under Section 923 of the federal Gun
25 Control Act of 1968 (18 U.S.C. 923).
26 (h) While holding any license as a dealer, importer,
27 manufacturer or pawnbroker under the federal Gun Control
28 Act of 1968, manufactures, sells or delivers to any
29 unlicensed person a handgun having a barrel, slide, frame
30 or receiver which is a die casting of zinc alloy or any
31 other nonhomogeneous metal which will melt or deform at a
32 temperature of less than 800 degrees Fahrenheit. For
33 purposes of this paragraph, (1) "firearm" is defined as in
34 the Firearm Owners Identification Card Act; and (2)
35 "handgun" is defined as a firearm designed to be held and
36 fired by the use of a single hand, and includes a


HB2941 Engrossed - 9 - LRB094 05393 RLC 35438 b

1 combination of parts from which such a firearm can be
2 assembled.
3 (i) Sells or gives a firearm of any size to any person
4 under 18 years of age who does not possess a valid Firearm
5 Owner's Identification Card.
6 (j) Sells or gives a firearm while engaged in the
7 business of selling firearms at wholesale or retail without
8 being licensed as a federal firearms dealer under Section
9 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
10 In this paragraph (j):
11 A person "engaged in the business" means a person who
12 devotes time, attention, and labor to engaging in the
13 activity as a regular course of trade or business with the
14 principal objective of livelihood and profit, but does not
15 include a person who makes occasional repairs of firearms
16 or who occasionally fits special barrels, stocks, or
17 trigger mechanisms to firearms.
18 "With the principal objective of livelihood and
19 profit" means that the intent underlying the sale or
20 disposition of firearms is predominantly one of obtaining
21 livelihood and pecuniary gain, as opposed to other intents,
22 such as improving or liquidating a personal firearms
23 collection; however, proof of profit shall not be required
24 as to a person who engages in the regular and repetitive
25 purchase and disposition of firearms for criminal purposes
26 or terrorism.
27 (k) Sells or transfers ownership of a firearm to a
28 person who does not display to the seller or transferor of
29 the firearm a currently valid Firearm Owner's
30 Identification Card that has previously been issued in the
31 transferee's name by the Department of State Police under
32 the provisions of the Firearm Owners Identification Card
33 Act. This paragraph (k) does not apply to the transfer of a
34 firearm to a person who is exempt from the requirement of
35 possessing a Firearm Owner's Identification Card under
36 Section 2 of the Firearm Owners Identification Card Act.


HB2941 Engrossed - 10 - LRB094 05393 RLC 35438 b

1 For the purposes of this Section, a currently valid Firearm
2 Owner's Identification Card means (i) a Firearm Owner's
3 Identification Card that has not expired or (ii) if the
4 transferor is licensed as a federal firearms dealer under
5 Section 923 of the federal Gun Control Act of 1968 (18
6 U.S.C. 923), an approval number issued in accordance with
7 Section 3.1 of the Firearm Owners Identification Card Act
8 shall be proof that the Firearm Owner's Identification Card
9 was valid.
10 (B) Paragraph (h) of subsection (A) does not include
11 firearms sold within 6 months after enactment of Public Act
12 78-355 (approved August 21, 1973, effective October 1, 1973),
13 nor is any firearm legally owned or possessed by any citizen or
14 purchased by any citizen within 6 months after the enactment of
15 Public Act 78-355 subject to confiscation or seizure under the
16 provisions of that Public Act. Nothing in Public Act 78-355
17 shall be construed to prohibit the gift or trade of any firearm
18 if that firearm was legally held or acquired within 6 months
19 after the enactment of that Public Act.
20 (C) Sentence.
21 (1) Any person convicted of unlawful sale of firearms
22 in violation of any of paragraphs (c) through (h) of
23 subsection (A) commits a Class 4 felony.
24 (2) Any person convicted of unlawful sale of firearms
25 in violation of paragraph (b) or (i) of subsection (A)
26 commits a Class 3 felony.
27 (3) Any person convicted of unlawful sale of firearms
28 in violation of paragraph (a) of subsection (A) commits a
29 Class 2 felony.
30 (4) Any person convicted of unlawful sale of firearms
31 in violation of paragraph (a), (b), or (i) of subsection
32 (A) in any school, on the real property comprising a
33 school, within 1,000 feet of the real property comprising a
34 school, at a school related activity, or on or within 1,000
35 feet of any conveyance owned, leased, or contracted by a
36 school or school district to transport students to or from HB2941 Engrossed - 11 - LRB094 05393 RLC 35438 b

1 school or a school related activity, regardless of the time
2 of day or time of year at which the offense was committed,
3 commits a Class 1 felony. Any person convicted of a second
4 or subsequent violation of unlawful sale of firearms in
5 violation of paragraph (a), (b), or (i) of subsection (A)
6 in any school, on the real property comprising a school,
7 within 1,000 feet of the real property comprising a school,
8 at a school related activity, or on or within 1,000 feet of
9 any conveyance owned, leased, or contracted by a school or
10 school district to transport students to or from school or
11 a school related activity, regardless of the time of day or
12 time of year at which the offense was committed, commits a
13 Class 1 felony for which the sentence shall be a term of
14 imprisonment of no less than 5 years and no more than 15
15 years.
16 (5) Any person convicted of unlawful sale of firearms
17 in violation of paragraph (a) or (i) of subsection (A) in
18 residential property owned, operated, or managed by a
19 public housing agency or leased by a public housing agency
20 as part of a scattered site or mixed-income development, in
21 a public park, in a courthouse, on residential property
22 owned, operated, or managed by a public housing agency or
23 leased by a public housing agency as part of a scattered
24 site or mixed-income development, on the real property
25 comprising any public park, on the real property comprising
26 any courthouse, or on any public way within 1,000 feet of
27 the real property comprising any public park, courthouse,
28 or residential property owned, operated, or managed by a
29 public housing agency or leased by a public housing agency
30 as part of a scattered site or mixed-income development
31 commits a Class 2 felony.
32 (6) Any person convicted of unlawful sale of firearms
33 in violation of paragraph (j) of subsection (A) commits a
34 Class A misdemeanor. A second or subsequent violation is a
35 Class 4 felony.
36 (7) Any person convicted of unlawful sale of firearms


HB2941 Engrossed - 12 - LRB094 05393 RLC 35438 b

1 in violation of paragraph (k) of subsection (A) commits a
2 Class 4 felony. A third or subsequent conviction for a
3 violation of paragraph (k) of subsection (A) is a Class 1
4 felony.
5 (D) For purposes of this Section:
6 "School" means a public or private elementary or secondary
7 school, community college, college, or university.
8 "School related activity" means any sporting, social,
9 academic, or other activity for which students' attendance or
10 participation is sponsored, organized, or funded in whole or in
11 part by a school or school district.
12 (E) A prosecution for a violation of paragraph (k) of
13 subsection (A) of this Section may be commenced within 6 years
14 after the commission of the offense. A prosecution for a
15 violation of this Section other than paragraph (g) of
16 subsection (A) of this Section may be commenced within 5 years
17 after the commission of the offense defined in the particular
18 paragraph.
19 (Source: P.A. 93-162, eff. 7-10-03; 93-906, eff. 8-11-04.)

20 (720 ILCS 5/Art. 33G heading new)
21 ARTICLE 33G.
22 COMMISSION OF OFFENSE WHILE ARMED WITH A STUN GUN OR TASER


23 (720 ILCS 5/33G-5 new)
24 Sec. 33G-5. Stun gun or taser defined. In this Article,
25 "stun gun or taser" has the meaning ascribed to it in Section
26 24-1 of this Code.

27 (720 ILCS 5/33G-10 new)
28 Sec. 33G-10. Commission of offense while armed with a stun
29 gun or taser.
30 (a) A person who commits a criminal offense while armed
31 with a stun gun or taser shall be sentenced for an offense that
32 is one class higher than the offense committed while unarmed.
33 If the offense committed while armed with a stun gun or taser


HB2941 Engrossed - 13 - LRB094 05393 RLC 35438 b

1 is either a Class X felony or first degree murder for which the
2 death penalty is not imposed, then the defendant shall be
3 sentenced to an extended term sentence for that offense.
4 (b) This Section does not apply if the elements of the
5 offense include the use of a stun gun or taser.

I think that the intent is to legalize the taser as a defensive weapon for Illinois citizens. However I can't find anything in the bill that changes (720 ILCS 5/24‑1) (from Ch. 38, par. 24‑1) Sec. 24‑1. Unlawful Use of Weapons. As near as I can tell, you would be legally able to buy one, but if you carried it off your property or fixed place of business you still commit UUW. I have to wonder what the true legislative intent is?

Jeff

 

[Vernal45]

Why regulate Citizens in the use of a taser? Seems to be we need to regulate LEO taser use. I have never heard of a citizen misusing a taser.

 

[Jeff White]

The topic of this thread is the pending legislation in the Illinois Senate. It has nothing to do with law enforcement use of the taser. Stay on topic please!

I think that this would be a good bill if it actually made it legal for someone to carry a taser while they walked the streets of Chicago or Peoria. But it doesn't. all it does is make it harder to aquire a taser for use at home. I'm not sure what Ron Stephen's intent is. He's normally pro-gun and pro-self defense. I wonder if he thinks this bill will make it legal to pack a taser?

Jeff

 

[S Roper]

I think it might have been a stun gun rather than a taser, but a couple of teens around here got in trouble for videotaping themselves using a stun gun against homeless people. Not that that justifies regulation.

 

[Lone_Gunman]

I think you are stretching the 2nd amendment if you think it should apply to tasers.

 

[Jeff White]

Lone_Gunman,

I think the founding fathers meant we had the right to keep and bear all arms, not just firearms. Here in Illinois, a private citizen can't legally carry much more then OC for defensive purposes.

I think we're limiting ourselves if we read the 3d Amendment as only applying to firearms.

Jeff

 

[Control Group]

I think you are stretching the 2nd amendment if you think it should apply to tasers.

How does "the right to keep and bear arms" not address tasers? I'm guessing that you don't consider it an "arm," which I find somewhat surprising. If it's so harmful/potentially harmful to others that it's worthy of regulating, how can it not be an arm? It's certainly a device intended to be used against another person at ranges beyond hand combat, which is much the same thing a gun does. It just has a vastly lower chance of killing that person.

If someone someday invented a Star Trek-like phaser with a "stun" setting, would you also consider that not protected by the 2nd? By what rationale, and to what end?

 

[HighVelocity]

Sen. Wilson and other critics worry that the weapons are too easy to obtain and can be used to commit crimes.

Rediculous. Just about anything can be used to commit a crime. Tire iron, fireplace poker, aquanet hairspray w/bic lighter, gimme a break.

 

[Lone_Gunman]

Right, I don't consider it an arm in the sense I think was intended by the Founding Fathers.

Its more like pepper spray, or a baseball bat.

Anything can be used as a weapon in a pinch, but not all of these are protected.

That said, I am not opposed to Tasers being legal, I just don't think they are constitutionally protected in the way firearms would be.

 

[Preacherman]

Say what you like, it's still a shocking subject... no wonder it's discussed under current affairs!

 

[Control Group]

Anything can be used as a weapon in a pinch, but not all of these are protected

True, but makeshift weapons are generally items not normally considered to be "arms." A baseball bat, for example, is commonly considered to be a recreational device. A taser, on the other hand, is specifically designed to be a weapon (albeit a less-than-lethal one). As such, I should think it falls under the "arms" blanket, in much the same way as a gun firing bean bags still falls under the "arms" blanket.

Of course, for the same reason, I consider OC spray to fall under the same protection.

Since they're designed and intended solely as weapons, I believe they fall under what the framers intended for the 2nd: to protect our right to own and use things that the government would be tempted to control because we're not to be trusted.

I suspect that we're not going to agree on this, so I ask this not as a lead-in to an argument, but out of honest curiosity. How do you define what is and isn't an "arm" protect by the second? If you don't want to take the time to answer, no problem, but I'm very interested in which of the following you would define as protected arms:

• broken bottle
• utility knife
• switchblade
• longsword
• crossbow
• musket
• asp
• trank gun
• the mythical "phaser," if it were to exist

 

[Control Group]

Say what you like, it's still a shocking subject... no wonder it's discussed under current affairs

Yep. Use it wrong, and you'll be brought up on charges of battery. Probably convicted, too, which means the best you can hope for is to be thrown in a clean jail with a happy Warsaw native - so at least your dry cell will have a positive Pole!

(With apologies to everyone who isn't Preacherman)

 

[Standing Wolf]

As ordinary people look toward Tasers and stun guns for self-protection...

Not in my neighborhood. The nine millimeter is about the lightest duty gun you'll find around here.

 

[Lone_Gunman]

Control Group,

I believe the founding fathers wanted people to have the power to defend themselves from their government with lethal force. The right to own lethal weapons is the intention of the 2nd amendment.

Tasers are less than lethal, and would not have much of a role in defending against tyranny. They may have more of a role in personal defense against common criminals, but this really is not the intention of the 2nd amendment anyway.

 

[Standing Wolf]

They may have more of a role in personal defense against common criminals, but this really is not the intention of the 2nd amendment anyway.

I personally wouldn't depend on one of those gadgets to remind the cat she's not allowed to rearrange flowers on the dining table.

That said™, just because the Second Amendment refers to the security of a free state doesn't mean it didn't—and still doesn't—cover personal defense against criminals. I believe the founding fathers took it for granted everyone could and would take all reasonable means to keep criminals from running rampant.

 

[Joejojoba111]

Whats new? Everyone should know by now that citizens aren't allowed to have dangerous toys, they'll poke their eyes out. Forget that the foundation of the country is based upon the populace being more heavily armed than the government, at all levels in all places at all times. That's the old America, it exists only in old books, new spoiled Americans aren't responsible enough for that.

I can't understand how they could be so careless as to disclose how this device works, people might try to illegally manufacture their own with a fishook and a 9v battery. Seriously capacitors batteries fishooks and wire MUST be serial numbered before it is too late.

 

[Lone_Gunman]

That said™, just because the Second Amendment refers to the security of a free state doesn't mean it didn't—and still doesn't—cover personal defense against criminals. I believe the founding fathers took it for granted everyone could and would take all reasonable means to keep criminals from running rampant.

I agree that the founding fathers expected people to be able to defend themselves from criminals, but that is not the primary purpose of the 2nd amendment, and I don't like reading a lot of stuff into the Constitution, thats a tactic of the liberals.

 

[Jeff White]

I think that the taser fits into the category the founders would have considered arms. It was designed for one use, as a less then lethal defensive weapon. It's not an improvised weapon like a baseball bat or broken bottle.

What about edged weapons? They were very common in the founders time. Swords were not ceremonial accoutrements to the military of the day. Would you say that the second doesn't protect edged weapons?

Jeff

 

[Lone_Gunman]

No I would say it protected edged weapons.


Are baseball bats protected by the Constitution, if I go out and purposely buy one for home defense?

 

[Control Group]

Actually, I would say baseball bats are protected by the Constitution, but not by the second. They're protect by the ninth. That is admittedly beside the point, however.

On point, your intent to use the baseball bat as a weapon doesn't make it protected by the second, no, just as an engineer's intent to use a gun as a study piece doesn't make it not protected by the second (or my intent to use a pistol solely to shoot paper, for that matter). The manufacture of the bat as a recreational device, its obvious design purpose, put it outside the protection of the second.

A taser's manufacture as a weapon, its obvious design purpose, put it inside the protection of the second. I am hesitant to use "lethality" as the defining characteristic of a weapon, because it can be easily shown that the inherent lethality of a .22LR pistol is vastly different from the inherent lethality of a .50 rifle. I fear that this criterion could lead to a vast array of target pistols, for example, no longer being protected by the second. As you've pointed out, anything can be lethal.

I agree with your concern regarding reading things into the Constitution that aren't there, but I look at this the other way: rather than read into the second a restriction it doesn't contain - that it only applies to arms that can be of military use against the government - I read it as protecting all weapons. I believe the "well-regulated militia" clause provides justification for, not limitations on, the "right to keep and bear arms" clause.

 

[Joejojoba111]

Commonlaw is built upon precedent, and commonlaw defines 3 broad reasons, none of them mutually exclusive, for private weapons ownership. #1 Protect person and property from other persons. #2 Protect country from other countries. #3 Protect person and property from your country. They are there, 3 of then, enshrined in writing in countless official documents and countless decisions in countless countries for hundreds of years.

This was known at the time of the drafting of the Bill of Rights, and we know they knew it, and they knew we'd know they knew it, so it's BS to pretend those reasons aren't instrinsic to the 2nd amendment.

And even if somone finds that tasers are somehow outside 2nd, like it's been said 9 and 10 Still cover it. But that's out there in 'imaginary Bill of Rights land', where the Bill of Rights is respected and enforced, and lollipops grow on trees.

The way things are I don't see why America sticks with the British common-law system, cleary what is wanted by all in all branches of government is a form of Napoleonic Code. Well that's what is being imitated, might as well just make it official.