HomeMy WebLinkAboutORDINANCES-1980-013-O-80•
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7/14/80
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AN ORDINANCE
An Ordinance Regulating Possession, Transportation
and Carrying of Firearms and other Dangerous
Weapons
WHEREAS, the City of Evanston is a home rule unit within the mean-
ing of the Illinois Constitution of 1970; and
WHEREAS, the City of Evanston, as:a 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 pro-
tect the health, safety, and welfare of the public it is necessary to re-
gulate the possession, carrying, and transportation of firearms, firearm
ammunition, and other dangerous weapons:
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, 1979, as amended is hereby further amen-
ded to read as follows:
9-8-1 DEFINITIONS:
AMMUNITION: Any self-contained cartridge, shot, bullet, projective
orshotgun 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 or recommended 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.
ANTIQUE FIRE-
ARM: (A) Any firearm (including any firearm with a matchlock,
flintlock, percussion cap, or similar type of ignition
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
using ammunition.
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DANGEROUS
WEAPONS:
CURIO
DANGEROUS
WEAPONS:
The classification of dangerous weapons is as follows:
9-8-1 A. Bludgeon, black -jack, slingshot, sand club,
sap, 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.
9-8-1 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.
Any dangerous weapon which by reason of its date of
manufacture, value, design and/or other characteristics
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, ammunition or dangerous weapons
at wholesale or retail including any person who is a
pawnbroker.
FIREARM: Any device including but not limited to pistols, hand-
guns, air guns, air rifles, air pistols or short
barrel rifles, shotguns, rifles, pneumatic guns,
spring guns, B-B guns, pellet guns, machine guns,
rockets and any other device by whatever name known,
which is designed to expel a projectile or projectiles
by the action of an explosion, expansion of gas or es-
cape of gas, excluding however:
(A) Any device used exclusively for signalling or safety
and required or recommended by the United States
Coast Guard or the Interstate Commerce Commission;
or
(B) Any device used exclusively for the firing of stud
cartridges, explosive rivets or similar industrial
ammunition; or
(C) An antique firearm, as defined herein, or which, al
though designed as a weapon, the Department of Law
Enforcement of the State of Illinois finds by 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; or
(0) Model rockets designed to propel a model vehicle in a
vertical direction.
SALE OR OTHER
TRANSFER: Any sale, gift, exchange, loan, rental or other trans
fer of firearms, ammunition or dangerous weapons
but not inc-luding any of the following:
(A) Acquisition of a firearm or ammunition or both as the
executor, administratoror other legal representative
of a decendent'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 administration
of a bankrupt's estate; or
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(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 department,
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 t
(H) Loan or rental of a firearm solely for the purpose of =
target shooting upon a lawful pistol range or other -�
lawful target range.
9-8-2 DEALERS PROHIBITED:
DEALERS PRO-
HIBITED: No person shall engage in the business of dealer or
firearms, firearm ammunition or dangerous weapons .:
within classification 9-8-1 A in the City of Evanston•
9-8-3 POSSESSION OF FIREARM, FIREARM AMMUNITION:
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POSSESSION OF No person shall possess a firearm or firearm -
FIREARM, FIREARM ammunition in the City of Evanston unless he has in
AMMUNITION his possession a Firearm Owner's Identification Card
issued in his name as required by the Illinois Depart- j.
ment of Law.
9-8-4 POSSESSION BY PERSONS 18 YEARS OF AGE OR UNDER:
POSSESSION BY No person 18 years of age or under, whether or not
PERSONS 18 YEARS in possession of a Firearm Owners Identification Card,
OF AGE OR UNDER may possess within the City of Evanston a firearm !
or firearm ammunition unless under the supervision
of a parent, legal guardian or other person in loco E
pa rentis and also unless such parent or legal guard-'
ian or other person in loco parentis has in his
possession a currently valid Firearm Owner's Identi-
fication Card.
9-8-5 A & B CONDITION OF FIREARMS:
CONDITION OF
FIREARM (A) No person shall carry or possess a firearm unless
said firearm is unloaded, broken down in a non-
functioning state, or if incapable of being broken '
down, it is secured in such a manner that it is not
readily available for use.
(B) A person is exempt from the provisions of subsection
(A) in the following instances:
• (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 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.
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9-8-6 A & B DISCHARGE OF FIREARMS:
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 of Evanston.,
(B) 9-8-6(A) does not apply to or affect members of any
club or organization organized for the purposes of
practicing shooting at targets upon established tar-
get ranges, whether public or private, or patrons of
such ranges, while such members or patrons are using
their firearms on those target ranges.
9-8-7 POSSESSION OF DANGEROUS WEAPONS:
(A) No person shall carry or possess any dangerous
weapon within Classification 9-8-1 A, except for
curio dangerous weapons.
(B) No person shall carry or possess with intent to use
the same unlawfully against another any dangerous
weapon within Classification 9-8-1 B, or any curio
dangerous weapons.
9-8-8 CARRYING CONCEALED FIREARMS, DANGEROUS WEAPONS:
CARRYING CON- No person shall carry concealed on or about his/her
CEALED FIREARMS, person any firearm, or dangerous weapon of any classi-
etc. fication within the City of Evanston.
9-8-9 EXEMPTIONS:
EXEMPTIONS The provision of 9-8-3, 9-8-5 and 9-8-8 do not apply
to or affect any of the following officers while in
the discharge of their official duties: sheriffs,
coroners, constables, policemen or other duly con-
stituted peace officers, wardens, superintendants,
and keepers of prisons, penitentiaries, jails, and
other institutions for the detention of persons
accused or convicted of crime; nor to the following
employees or agents while engaged in the discharge
of the duties of their employment: watchmen, special
agents, and policemen employed by railroads or ex-
press companies, nor to persons lawfully summoned
by an officer to assist in making arrests, or pre-
serving the peace while so engaged in assisting such
officer.
9-8-10 POLICE REPORT:
POLICE REPORT The Chief of
City Council
tion of all
9-8-11 PENALTIES:
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Police shall make an annual report to the
of the City of Evanston of the disposi-
arrests under this ordinance.
PENALTIES Any person violating any provision of this ordinance
shall be deemed guilty of a misdemeanor and shall
be punished by a fine of $100.00 and/or up to 6
months incarceration for the first offense and a
fine of $500.00 and/or up to 6 months incarceration
for each offense thereafter.
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SECTION 3: All ordinances or parts of ordinances in conflict
herewith a -re hereby repealed.
SECTION 4: This ordinance shall be in full force and effect
from and after its passage, approval, and publication
in the manner provided by law.
Introduced 1980
Adopted 1980
ATTEST:
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City Clerk
Approved as to form
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Approved de %
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Mayor-,'
orporati'on Counsel
, 1980
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