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Home My WebLink AboutORDINANCES-1979-042-O-79i, I I I 'i 8/22/79 • I j 42-U-79 AN ORDINANCE Prohibiting The Commercial Sale Of Firearms, Ammunition And Other Dangerous Weapons i WHEREAS, the City of Evanston is a home rule unit within the mean- ing of the Illinois Constitution of 1970; and I 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 i • WHEREAS, it has been determined that in order to promote and pro- tect the health, safety and welfare of the public, it is necessary and in the public interest to prohibit the commercial sale and distribution of firearms and ammunition within the corporate limits of the City of Evanston; and j I WHEREAS, it has been determined that in order to promote and pro- f I tect the health, safety and welfare of the public, it is necessary to pro- + j hibit possession of switchblade knives, blackjacks, metal knuckles and mace, i to..prohibit the carrying of any concealed `firearm or the discharge of a firearm in the corporate limits, and to prohibit the carrying of any knife with the intent to use unlawfully; I i I t NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Chapter 48 of the Municipal Code of the City of Evanston, 1957, as amended, is hereby further amended 42-U-79 • to read as follows: • "48-1. Definitions. A. "Firearm" means any device -including but not limited to pistols, handguns, 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 de- vice by whatever name known, which is designed to expel a projectile•or projectiles by the action of an explosion, ex- pansion -of gas or escape of gas, excluding, however: 1. Any device used exclusively for signalling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission; or 2. any device used exclusively for the firing of stud cartridges, explosive rivets or similar industrial ammunition; 3. an antique firearm as defined herein, or which, although 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 4. model rockets designed to propel a model vehicle in a vertical direction. B. "Ammunition" means any self-contained cartridge, shot, bul- let, projectile or shotgun shell, by whatever name known, which is designed to be used or adaptable to use in a firearm; exclud- ing, however: 1. '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 2, any ammunition designed exclusively for use with a stud or rivet driver or other similar industrial ammunition. C. "Antique Firearm" means: 1. Any firearm (including any.firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and 2. any replica of any firearm described in sub- section A if such replica is not designed or redesigned for using ammunition. i� 1 �. -2- i 42-0-79 • D. "Dealer" means any person, firm or corporation engaged in the business of sale or other transfer of firearms or ammunition at wholesale or retail including any person, firm or corporation who is a pawnbroker. i� E. "Sale or Other Transfer" means any sale, gift, exchange, loan, ll rental or other transfer of firearms or ammunition or both, but does not include any of the following: T I.. Acquisition of a firearm or ammunition or both as the executor, administrator or other legal representative of a decedent's estate; or 2. transfer of a firearm or ammunition or both by I bequest or intestate succession; or 3. acquisition or transfer of a firearm or ammuni- tion or both by a trustee in bankruptcy in the administration of a bankrupt's estate; or 4. return of a firearm or ammunition or both to a - person, firm or corporation from whom it was received; or 5. transfer of a firearm or ammunition or both • I where it is required by or in accordance with a judgment or decree of any court of lawful jurisdiction; or 6. 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 7. transfer of a firearm or ammunition or both to a private museum, society, institution or other private organization which customarily acquires and holds firearms as curios or relics or for scientific or research purposes; or 8. loan or rental of a firearm solely for the purpose of target shooting upon a lawful pistol range or other lawful target range. "48-2. Dealers Prohibited. No person, firm or corporation shall engage in the business of a dealer in firearms or ammunition in the City of Evanston, Illinois. • "48-3. Carrying, Possessing, etc., Switchblade, Knives, Black- jacks, Slingshots, etc. It shall be unlawful for any person, firm or corporation to carry,.possess, make any sale or other transfer to any person, firm or corporation, any blackjack, slingshot, metal knuckles, Knife the blade of which shall be open or be exposed by any push button spring'or mechanical device, billy, bludgeon, or gas pro- pelled chemical. -3- I • • • r 42-0-79 i i "48-4. Carrying or Possessing Daggers, etc., With Intent to Use Unlawfully. It shall be -unlawful for any person to carry or possess, with intent to use the same unlawfully against another, a knife, a I dagger, dirk, switchblade knife, razor, stiletto, or any bladed Weapon or instrument. Carrying Concealed Firearms; Exception as to Certain Officers. i No pers.on.shall carry concealed on or about his person any firearm. This provision does not apply, however, to the -following officers while engaged in the discharge of their official duties: Sheriffs, coroners, constables, policemen or other duly constituted peace officers and wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime; nor to the following employ- ees or agents while engaged in the discharge of the duties of their employment:: Watchmen, special agents and policemen employed.by railroads or express companies, nor to persons lawfully summoned by an officer to assist in making arrests or preserving the peace i while so engaged in assisting such officer. 1148-6. Discharging Firearms. E It shall be unlawful for any person to fire or discharge any i firearm within the corporate limits of the City, unless within a ' licensed shooting gallery. This provision does not apply, however, to the following officers while engaged in the discharge of their official duties: Sheriffs, coroners, constables, policemen or other duly constituted peace officers and wardens, superintendents, and keepers,of prisons, penitentiaries, jails and other institu- tions for',the detention of persons accused or convicted of crime; nor to the. following employees or agents while engaged in the dis- charge of"the duties of their employment: Watchmen, special agents and policemen employed by railroads or express companies, nor to persons lawfully summoned by an officer to assist in making ar- rests"or preserving the peace while so engaged in assisting such j officdr. "48-7. Annual Report. i The Chief of Police shall make an annual report to the City Council'of the City of Evanston of the violations under Section 48-8 of this ordinance. . i 1148-8. Penalties. Violation of any section of this ordinance shall constitute a misdemeanor which, upon conviction, shall be punishable by a fine of Fifty Dollars ($50.00) for the first offence and Five Hundred ' Dolla m ($5U0.00) for each subsequent offence, and, if ordered by ' the court, permanent confiscation by the City of Evanston of the knife, firearm, ammunition, or any other prohibited item in the posses$.jon,.,,pustody or control of the person, firm, or corporation ii charged:under this ordinance. 1 -4- I r F• i 42-0-79 i "48-9. Severabi I i ty. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or application of this ordinance, which can be given effect without the invalid provision or application." , 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 in the manner provided by law. Introduced .ee,� (o , 1979 i Adopted .2 1979 t ' Approved dVa_4_/_ a? 9 1979 Mayork' I i ATTEST: City Clerk Approved as,to form - Corpora -5-