HomeMy WebLinkAboutORDINANCES-2010-075-O-10• Effective Date: January 28, 2011 10/29/10
75-0-10
AN ORDINANCE
Amending Various Sections of Title 9 i°Public Safety", Chapter 8,
"Weapons" of the City Code
WHEREAS, the City of Evanston regulates possession and transportation
of handguns in the City;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That Title 9 "General Offenses", Chapter 8
"Weapons", Section 2 "Possession", of the Evanston City Code of 1979, as
amended, is hereby further amended to read as follows:
9-8-2: POSSESSION:
(A) No person shall possess, in the city of Evanston any handgun, except
when said handgun is kept at the residence of said person for self-
protection, provided that said person possesses a current and valid
firearm owner's identification card issued by the state of Illinois.
(B) No person shall possess any handgun in the City of Evanston if:
(1) He or she is under eighteen (18) years of age and said handgun is
of a size which may be concealed upon the person; or
(2) He or she is under twenty-one (21) years of age and has been
convicted of a felony or a misdemeanor other than a minor traffic
offense or adjudged delinquent for a misdemeanor or felony; or
(3) He or she is addicted to, or habitually uses, a controlled substance;
or
• (4) He or she has been a voluntary or involuntary patient in a
psychiatric facility within the past five (5) years; or
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(5) He or she has been diagnosed with a mental illness or condition •
and, as a result of that illness or condition, may be prone to display
aggressive, dangerous, or threatening behavior, or as a result of
that illness or condition is unable to appreciate the responsibility
inherent in handgun possession.
SECTION 2: That Title 9 "General Offenses", Chapter 8
"Weapons", Section 5 "General Exemptions", of the Evanston City Code of 1979,
as amended, is hereby further amended to read as follows:
9-8-5: GENERAL EXEMPTIONS:
(A) Section 9-8-2 (A) of this Chapter shall not apply to or affect the following:
1. Peace officers.
2. Persons, who in the performance of their official duties as defined
by Illinois or federal law or Evanston ordinance are required to carry
handguns.
3. Retired peace officers in compliance with the requirements of the
"Law Enforcement Officers Safety Act" of 2004, 18 USC 926(c), as
amended.
4. Wardens, superintendents and keepers of prisons, penitentiaries,
jails and other institutions for the detention of persons accused or
convicted of an offense.
5. Members of the armed services or reserve forces of the United
States or the Illinois National Guard, while in the performance of
their official duties.
6. Any person summoned by any peace officer to assist in making
arrests or preserving the peace while that person is actually
engaged in assisting such officer and if such handgun was provided
by the peace officer or was otherwise legally possessed under this
Chapter.
7. Special agents employed by a railroad or a public utility to perform
police functions; guards of armored car companies, watchmen
while actually engaged in the performance of their duties of •
employment and security guards actually and regularly employed in
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commercial or industrial operation for the protection of persons
employed and private property related to such commercial or
industrial operation, provided said security guards are in
compliance with 720 Illinois Compiled Statutes 5/24-2(a)(6), as
amended, relating to registration, training, and other requirements
imposed by the Illinois department of professional regulation, while
actually engaged in the performance of the duties of their
employment or commuting between their homes and places of
employment.
8. Agents and investigators of the Illinois Legislative Investigating
Commission authorized by the Commission to carry handguns.
9. Gun collectors, licensed by the Bureau of Alcohol, Tobacco,
Firearms, and Explosives, within the confines of their permanent
residence.
10. A person who possesses an antique handgun within the confines of
their permanent residence.
11. Transportation of handguns that:
• 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.
12. An established theater, provided it maintains possession and
control of handguns in a safe place, under control of the designated
armorer, at all times when they are not being used for rehearsals,
performances, or class purposes on the theater premises; and
members of theatrical casts and crews while such persons are
using said handgun on the theater premises.
13. An established film production organization, provided it has prior
written approval from the city manager or his or her designee to
conduct its activities in the city, and provided that the use of the
handgun was disclosed in the request for approval, and is used in
accordance with any requirements imposed in the approval
including, but not limited to, maintaining possession and control in a
safe place under control of the designated armorer at all times
when not in use for rehearsals or filming.
• 14. Persons utilizing a "starter" handgun solely capable of firing blank
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ammunition during an athletic event sponsored by a publicly- or
privately -owned educational institution located in Evanston.
SECTION 3: That if any provision of this Ordinance 75-0-10 or
application thereof to any person or circumstance is ruled unconstitutional or
otherwise invalid, such invalidity shall not affect other provisions or applications
of this Ordinance that do not depend upon the invalid application or provision,
and each invalid provision or invalid application of this Ordinance is severable.
SECTION 4: That all ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 5: That this Ordinance 75-0-10 shall be in full force and
effect from and after its passage, approval, and publication as provided by law.
Introduced:?UP Yy1,bPf �. , 2010 Approved:
Adopted: 2011 2011
J
Eliza h Tisdahl, Mayor
Attest:
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(��od ey Green , City Clerk
Approved as to form:
W. Grant array, Corporation Counsel
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