HomeMy WebLinkAboutORDINANCES-2008-091-O-08Ij
• Effective date: August 26, 2008 7/18/2008
91-0-08
AN ORDINANCE
Amending Title 9, Chapter 8
of the City Code, "Weapons"
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That Section 9-8-2 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 misdemeanor other than a traffic offense or adjudged
delinquent; or
(3) He or she is a narcotics addict; or
(4) He or she has been a patient in a mental hospital within the past
five (5) years; or
(5) He or she is mentally retarded.
SECTION 2: That Section 9-8-5 of the Evanston City Code of
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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
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.
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• 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 by those persons authorized under
Subsections (A)9, (A)10, (A)12, (A)13, (A)14, and (A)15 of this
Section to possess handguns, if the handguns are unloaded and
broken down in a nonfunctioning state or unloaded and not
immediately accessible.
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
ammunition during an athletic event sponsored by a publicly- or
privately -owned educational institution located in Evanston.
(B) To qualify for the exemptions of Subsections (A)9, (A)10, (A)12, and (A)13
of this Section, persons so defined shall be registered with, and approved
by, the Evanston Police Department.
SECTION 3: That if any provision of this Ordinance 91-0-08 or
application thereof to any person or circumstance is ruled unconstitutional or
• otherwise invalid, such invalidity shall not affect other provisions or applications
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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 91-0-08 shall be in full force and
effect from and after its passage, approval, and publication as provided by law.
Introduced: Ulr
Adopted: 1644
, 2008 Approved:
, 2008 2008
orraine H. Morton, Mayor
Attu: � Approved as to form: •
odney reene, City Clerk -Ike Tober-P r�
First Assistant Corporation Counsel
•
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