(A) Definitions. As used in this section:
(1) AIR RIFLE. Includes any air gun, air pistol, spring gun, spring pistol, B-B gun, pellet gun or any implement that is not a firearm which impels a pellet constructed of hard plastic, steel, lead or other hard materials with a force that reasonably is expected to cause bodily harm.
(2) DEPARTMENT or POLICE DEPARTMENT. The Village of Maywood Police Department.
(3) PERSON. Any individual, corporation, company, association, firm, partnership, club, society or joint stock company.
(B) Possession prohibited. Ninety days from the effective date of this section, no person shall possess, in the Village, any air rifle, unless the same has been rendered permanently inoperative. This provision 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 such person is actually engaged in assisting such officer and if such air rifle was provided by the peace officer.
(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, Reserve Forces of the United States, 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 of armored car companies; licensed private detectives; watchmen and security guards actually and regularly employed in the commercial or industrial operation for the protection of persons employed and private property related to such commercial or industrial operation.
(5) Agents and investigators of the Illinois Legislative Investigating Commission authorized by the Commission to carry such weapons.
(6) Licensed firearm collectors, as that term is defined in 18 U.S.C. § 921, provided however that any air rifles transported by such licensed gun collectors shall be either:
(a) Broken down in a non-functioning state; or
(b) 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.
(7) Licensed gun clubs, provided the gun club has premises from which it operates and maintains possession and control of air rifles used by its members, and has procedures and facilities for keeping such air rifles in a safe place, under the control of the club's chief officer, at all times when they are not being used for target shooting or other sporting or recreational purposes at the premises of the gun club; and gun club members while such members are using their air rifles at the gun club premises.
(8) Transportation of air rifles by persons from a licensed gun club to another licensed gun club or transportation from a licensed gun club to a gun club outside the limits of the Village; provided however that the transportation is for the purpose of engaging in competitive target shooting or for the purpose of permanently keeping the said air rifle at such new gun club; and provided further that at all times during such transportation said air rifle shall have trigger locks securely fastened to the air rifle.
(9) Guns commonly known as paint ball guns, which are guns powered by compressed gas and which fire paint pellets or capsules, where such guns are either within a residence or are being transported in the trunk or other non-passenger area of a vehicle. Possession of a paint ball gun outside of a residence, unless such gun is being transported in the trunk or other non-passenger area of a vehicle, is prohibited.
(C) Disposal of prohibited weapons. No person who, prior to the effective date of this section, was legally in possession of an air rifle prohibited by this section, shall be arrested or prosecuted on a charge of violating any provision hereof for 90 days from the effective date of this section. Such person shall have 90 days from the effective date hereof to do any of the following without being subject to arrest or prosecution:
(1) Voluntarily and peaceably deliver and abandon to the Police Department any air rifle. Delivery under this section may be made at the headquarters of the Police Department or by summoning a police officer to the person's residence or place of business. Every air rifle to be delivered and abandoned to the Police Department under the section shall be unloaded and securely wrapped in a package and in the case of delivery to the Police Department, the package shall be carried in open view. No person who delivers and abandons an air rifle under this section shall be required to furnish identification, photographs, or fingerprints. No amount of money shall be paid for any weapon delivered or abandoned under this section.
(2) Permanently remove the air rifle from within the limits of the Village.
(D) Destruction of confiscated weapons. Whenever any air rifle is surrendered or confiscated pursuant to this section, the Department shall ascertain whether such item is needed as evidence in any matter. If the item is not required for evidence it shall be destroyed at the direction of the Police Chief or his or her designee. A record of the date and method of destruction and an inventory of the air rifle so destroyed shall be maintained.
(E) Authority to promulgate rules. The Department shall have the authority to promulgate rules and regulations for the implementation of this section and to prescribe all forms and the information required thereon.
(F) Acquisition or possession prohibited by law. Nothing in this section shall make lawful the acquisition or possession of firearms or firearm accessories which are otherwise prohibited by law.
(G) Penalties. Any person convicted of violating this section shall be fined no less than $50 or more than $1,000 for such offense. Any person violating this section more than 1 time shall be fined not less than $100 nor more than $1,000.
(Ord. C0-06-45, passed 12-19-2006)