HomeMy WebLinkAboutORDINANCES-1982-022-O-826/4/82 9j 16/:32
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6/11/82
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AN ORDI14ANCE
• 1 Weapons Control
WHEREAS, the CITY OF EVANSTON is a home rule unit within the
meaning of the Illinois Constitution of 1970; and
WHEREAS, the CITY OF EVANSTON, as � home rule unit, may exercise
any reasonable power and perform any reasonable function pertaining to its
government.and affairs; and
WHEREAS, it has been determined that in order to promote and
.protect the health and safety and welfare of the public it is necessary to
regulate the possession of firearms and other dangerous weapons, and
WHEREAS the corporate authorities of the CITY OF EVANSTON have
found and determined that the easy and convenient availability of certain
types of firearms and weapons have increased the potentiality of firearm
related deaths and injuries, and
• WHEREAS, handguns play a major role in the commission of homicide,
aggravated assault, and armed robbery, and accidental injury and death.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That Title 9, Chapter 8 of the City Code of the City
of Evanston, as amended, is hereby further amended to
read as follows:
9-8-1 DEFINITIONS:
AMMUNITION: Any self-contained cartridge, shot, bullet, pro-
jectile or shotgun shell, by whatever name known,
which is designed to be used or adaptable to use in
a firearm; excluding, however:
(A) Any ammunition exclusively designed for use with a
device used exclusively for signalling or safety and
required by the United States Coast Guard or the
Interstate Commerce Commission; or
(B) Any ammunition designed exclusively for use with a
• stud or rivet driver or other similar industrial
ammunition.
(C) Any blank ammunition specifically designed to
simulate gunfire without expelling a projectile
where used for sporting or theatrical events.
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ANTIQUE (A) Any firearm (including any firearm with a matchlock,
.FIREARM* flintlock, percussion cap, or similar type of igni-.
tion system) manufactured on or before 1898; and
(B) Any replica of any firearm described in subsection (A)
•if such replica is not designed or redesigned for
f using ammunition.
' DANGEROUS
(A) Bludgeon, black -jack, slingshot, sand club, sap,
WEAPONS
metal knuckles or any knife the blade of which may
be opened by hand pressure applied to a button,
spring or other device in the handle of the knife,
incendiary devices or any other weapon or instrument
of like character.
(B) Dagger, dirk, billy, dangerous knife, razor, stiletto,
broken bottle or other piece of glass, stungun, or
taser, weighted gloves, bow, arrows or any other
weapon or instrument of like character.
CURIO
Any dangerous weapon which by reason of its date of
DANGEROUS
manufacture, value, design and/or other characteristics
WEAPONS:
is primarily a collector's item and is not likely to
be used as a weapon.
DEALER: Any person engaged in the business of sale or other
transfer of firearms, handguns or ammunition as
wholesale or retail including any person who is a
pawnbroker.
FIREARM: Any device, by whatever name known,which is designed
to expel a projectile or projectiles by the action
• of an explosion, expansion of gas or escape of gas;
excluding:
(A) Any pneumatic gun, spring gun or B-B gun which expels
a single globular projectile not exceeding .22 inches
in diameter.
(B) Any device used exclusively for signalling or safety
and required or recommended by the United States
Coast Guard or the Interstate Commerce Commission.
(C) Any device used exclusively for the firing of stud
cartridges, exp.losive.rivets or similar industrial
ammunition.
(D) -An antique firearm (other than a machine gun) which,
although designed as a weapon, the Department of
Law Enforcement of the State of Illinois finds by
1 reason of -the date of its manufacture, value, design
and other characteristics is primarily a collector's
item and is not likely -to be used as a weapon.
(E) Model rockets designed to propel a model vehicle in a
vertical position.
HANDGUN: Any firearm which (a) is designed or redesigned or
made or remade, and intended to be fired while held
in one hand or (b) having a barrel of less than 10
• inches in length or (c) a firearm of a size which
may be concealed upon the person.
HANDGUN Any person engaged in the business of (a) selling or
DEALER: renting handguns at wholesale or retail; (b) manu-
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facture of handguns; (c) repairing handguns or
making or fitting special barrels or trigger
mechanisms to handguns.
i PERSON: Any individual, corporation, company, association,
firm, partnership, club, society, or joint stock
1 company.
LICENSED Any person licensed as a collector by the Secretary
FIREARM of the Treasury of the United States under and by
COLLECTOR: virtue of Title 18; United States Code, Section 923.
LICENSED An organization which has, since on or before January
GUN CLUB: 1, 1978, (a) occupied a permanent meeting and firearm
target practice location(s); (b) enrolled members and
elected officers; and (c) provided firearms training
and regularly scheduled competitive activities with
members who reside within the corporate boundaries of
the City of Evanston. Each such member shall file with!
the Chief of Police of the City on a form as approved 1
by him/her on:or before January 30 of each year, such
member's name, address, place of employment, and gun make
y and model possessed by said member, along with ad-
ditional information to demonstrate said club's qualifi-
cation under this Section. The first such form shall
be filed within 30 days of the effective date of this
Ordinance. I
SALE OR Any sale, gift, exchange, loan, rental or other trans -
OTHER TRANSFER: fer of firearms, ammunition or dangerous weapons but
not including any of the following:
• (A) Acquisition of a firearm or ammunition or both as the
executor, administrator or other legal representative
of a,decedent's estate; or
(B) Transfer of a firearm or ammunition or both by be-
quest or interstate succession; or
(C) Acquisition or transfer of a firearm or ammunition
or both by a trustee in bankruptcy in the administra-
tion of a bankrupt's estate; or
(D) Return of a firearm or ammunition or both to a person,;
firm or corporation from whom it was received; or
(E) Transfer of a firearm or ammunition or both where it
is required by or in accordance with a judgment or
decree of any court of lawful jurisdiction; or
(F) Transfer of a firearm or ammunition or both to any
federal, state or local government, or any depart-
ment, agency, bureau, institution or commission
thereof; or
(G) Transfer of a firearm or ammunition or both to 'a pri-
vate museum, society, institution or other private
organization which customarily acquires and holds
firearms as curios and relics or for scientific or
research purposes; or to theatrical organizations pro-
viding a regular performance schedule to the public
and utilizing said firearms, or weapons only pursuant
to Section 9-8-8(D) 10.
(H) Loan or rental of a firearm solely for the purpose of
target shooting upon a lawful pistol range or other
lawful target range.
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9-8-2: POSSESSION: No person shall possess, in the City of Evanston
the following:
(A) Any weapon from which eight or more shots or bullets may be dis-
charged by a single function of the firing device, any shotgun
having one or more barrels less than eighteen inches (18") in
•length, sometimes called a sawed off shotgun; or any weapon made
1 frorii a shotgun, whether by alteration, modification or otherwise,
if such weapon, as modified or altered has an overall length of
less than twenty-six inches (26"), or a barrel length of less than
eighteen inches (18"); or any bomb; bombshell, 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 cocktailsjor artillery projectiles; or
i
(B) Any handgun, unless the same has been rendered permanently in-
operative;
(C) Any dangerous weapon'as defined in Section 9-8-l(A)
9-8-3: POSSESSION) WITH INTENT TO USE UNLAWFULLY: No person shall
carry or possess with intent to use the same unlawfully
Y_ against another any dangerous weapon as defined in Section 9-8- $�
9-8-4: DEALERS PROHIBITED: No person, firm or corporation shall
engage in the business of a dealer in weapons, firearms or
handguns or ammunition in the City of Evanston, Illinois, including
exchange, loan, rental or other transfer for consideration.
9-8-5: DISCHARGE OF FIREARMS:
(A) No person shall fire or discharge without legal justification
under the laws of the State of Illinois any firearm -.within the
• corporate limits of the city.
(B) Exempt from Section 9-8-5(A)'are:
1. Members of any club or organization organized for the purposes
of practicing shooting at targets upon established target ranges,
whether public or private, or patrons of such ranges, while such
members or patrons are using firearms on those target ranges, and
2. Members of established theater organizations located in
Evanston and performing a regular performance schedule to the public
who utilize firearms or weapons only during rehearsals, classes or
performances with only blank firearms or ammunition pursuant to
Section 9-8-8(D) 10.
9-8-6: CARRYING CONCEALED.FIREARMS, DANGEROUS WEAPONS: No person
shall carry concealed on or about his/her person any firearm
or dangerous weapon of any classification within the City of Evanston
exceptias provided in Section 9-8-8.
9-8-7: TRANSPORT OF NON -PROHIBITED FIREARMS:
(A) Except for those exempt persons as set forth in Section 9-8-8,
no person shall carry any shotgun or rifle or any firearm not
otherwise specifically prohibited by this ordinance unless said
shotgun, rifle or firearm is unloaded, broken down in a non-
functioning state, or secured and enclosed in a closed container
in such a manner that it is not readily available for.use.
• (B) A person is exempt from the prohibition of 9-8-7(A)
(1) when on his land; (2) when in his abode; (3) when in his
fixed place of business; (4) when on the land of another at the
specific request of the owner or occupant thereof, to carry or
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possess a firearm; (5) when in the abode of another at the specific
request of the owner or occupant thereof, to carry or possess a
firearm and (6) when in the fixed place of business of another at
the specific request of the owner or occupant thereof to carry or
possess a firearm.
9-8-8: GENERAL EXEMPTIONS:
(A) This ordinance does not prohibit the possession of rifles or shot-
guns, except as defined in 9-8-2(A).
(B) Subsection 9-8-2(A) shall not apply to or affect the following:
1. Peace officers; while engaged -in performance of police duties..
1
2.,.'Wardens, superintendents and keepers of prisons, penitentiaries,
jails and other institutions for the detention of persons accused
or convicted of an offense while in the performance of their official
duty or while commuting between their homes and places of employment;
3. 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; and
4. Transportation of machine guns to those persons authorized
under subparagraphs (1) and (2) of this subsection to possess machine
guns, if the machine guns are broken down in a nonfunctioning state
or not immediately accessible.
(C) To qualify for the exemptions of 9-8-8(B)(2), persons so defined
shall be registered with the Evanston Police Department.
(D) Subsection 9-8-2(B) does not apply to or affect the following:
1. Peace officers or 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 ordinance.
2. Wardens, superintendents and
jails and other institutions for
convicted of an offense while in
duty or while commuting between
ment.
keepers of prisons, penitentiaries,
the detention of persons accused or
the performance of their official
their homes and places of employ-
3. Members of the Armed Services or Reserve Forces of the United
States or the Illinois National Guard or the Reserve Officers
Training Corps. while in the performance of their official duties.
4: Special agents employed by a railroad or a public utility to
perform police functions; guards for armored car companies; watch-
men and security guards actually and regularly employed in com-
mercial or industrial operation for the protection of persons working
on private property related to such commercial or industrial opera—
tion.
5. Agents and investigators of the Illinois Legislative Investi-
gating Commission authorized by the Commission to carry such weapons.
6. ;Licensed gun collectors; within the confines of their permanent
resildence or at a licensed gun club;
7. Members of the Chicago and Evanston Gun Club, a licensed gun
club (as defined in Section 9-8-1) who reside or are employed in
Evanston, and who are active and registered members of said club
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on January 1, 1982, and who remain current active members of said
club, may, during the period of their membership., possess handguns
(1) within their residences or places of employment in Evanston
and (2) while transporting their handguns between their residences
i or places of employment and the licensed gun clubs providing that
• said transportation is for the purpose of engaging in competitive
shooting or practice; and provided further that at all times
during such transportation said handgun shall have trigger locks
securely fastened to the handgun.
•
8. A person who possesses an antique firearm; within the confines
of their permanent residence;
9. iTransportation of handguns to
subparagraphs 1 through 8 of this
if the handguns are broken .down in
immediately accessible.
i
ichose persons authorized under
subsection to possess handguns,
a nonfunctioning state or not
10. An established theater provided it maintains possession and
control of firearms including modern handguns in a safe place,
under control of. the theaters 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 firearm on the theater premises.
(E) To qualify for the exemptions of 9-8-8(D)(2), (4), (6), (7), (8)
and (10), persons so defined shall be registered with the Evanston
Police Department.
(F) Subsection 9-8-2 shall not apply to or affect any peace officer
while engaged in the performance of police duties.
9-8-9: PENALTY:
(A) Any person violating Section 9-8-2(C) of this Or shall be
guilty of a misdemeanor and shall be fined not less than $100.00
nor more than $500.00 or incarcerated for up to six months for each
offense.
(B) Any person violating Section 9-8-2(A) and (B) of this Ordinance
shall be guilty of a misdemeanor and shall be penalized as follows:
1. For possession of weapons, or handguns as defined in 9-8-2(A) and
(B) and within that person's permanent abode or place of business,
the maximum penalty shall be $500.00 per offense, and incarceration
for up to six months.
2. For possession or transport of weapons, or handguns as defined
in 9-8-2(A) and (B), other than within that person's permanent
abode or place of business, but within the City of Evanston, the
mi3nimum penalty shall be $500.00 and a minimum of three months
incarceration per offense. The maximum penalty shall be $500.00
and a maximum of six months incarceration per offense.
3. For possession of weapons, or handguns as defined in 9-8=2(A),
(B) and (C) and their use in the course of the commission in
Evanston of acts which would constitute a felony, misdemeanor or
violation of any state statute, or ordinance of the City of
Evanston, there shall be a minimum penalty of $500 per offense
and incarceration for a mandatory term of six months minimum per
offe,nse.
(C) Upon conviction of a violation of Section.9-8-2(A), (B) or (C)
of this Ordinance, any weapon or handgun seized shall be confiscated
by the trial court and when no longer needed for evidentiary
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purposes, the court may transfer such weapon to the City of
Evanston Pol.ice Department who shall destroy them.
9-8-10: VOLUNTARY DELIVERY TO POLICE DEPARTMENT:
i
(A) If a person voluntarily and peaceably delivers and abandons to the
• Evanston Police Department any handgun or weapon mentioned in
Section 9-8-2(A) or 9-8-2(B), such delivery shall preclude the
arrest and prosecution of such person on a charge of violating any
provision of this Ordinance with respect to the weapon voluntarily -
delivered. Delivery under this section may be made at the head-
quarters of the Police Department or by summoning a police officer
to the person's'residence or place of business. Every weapon to be
delivered and abandoned to the Police Department under this para-
graph shall be unloaded and securely wrapped in a package and in
the case of delivery to the police headquarters, the package shall
be carried in open view. No person who delivers and abandons a
weapon under this section shall be required to furnish identifi-
cation, photographs or fingerprints. No amount of money shall be
paid for any weapon delivered or abandoned under this paragraph.
(B) Whenever any weapon is surrendered under this section, the Police
Department shall inquire of all law enforcement agencies whether
such weapon is needed as evidence and if the same is not needed as
evidence, it shall be destroyed.
9-8-11: DISPOSITION OF WEAPONS:
(A) All weapons ordered confiscated by the court under theprovisions
of Section 9-8-7(C) and all weapons received by the Evanston Police
Department under and by virtue of Section 9-8-10 shall be held and
identified as to owner, where possible, by the Evanston Police De-
partment for a period of two years prior to their being destroyed.
• 9-8-12: POLICE REPORT: The Chief of Police shall make an annual
report to the City Council of the City of Evanston of the
disposition of all arrests under this ordinance.
9-8-13: CONSTRUCTION: Nothing in this chapter shall be construed or
applied to necessarily require or excuse noncompliance with any
provision of the laws of the State of Illinois or to the laws of the
United States. This Ordinance and the penalties proscribed for violation
hereof, shall not supersede, but shall supplement all statutes of the
State of Illinois or of the United States in which similar conduct may be
prohibited or regulated.
9-8-14: The Chief of Police shall have the authority to promulgate -rules
and regulations to carry out the provisions of this chapter.
9-8-15: SEVERABILITY: If any provisions of this chapter or the appli-
cation thereof to any person or circumstance is held invalid,
the r0ainder of this chapter and the applicability of such provision
to any other persons not similarly situated or to other circumstances
shall, not be affected thereby.
SECTION 2: All ordinances or parts of ordinances in conflict here-
with
are hereby
repealed.
•
SECTION 3: This
ordinance
shall be in full force and effect
from and after its passage, approval, and publication
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in the manner provided by law.
Introduced: 1982.
Adopted: l3 1982.
ApproveG
r
Mayo
i
I i '
ATTEST:
/ -,eo tea/
'City Clerk
Approved as to r
Oy6 poration'Counsel
A
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