§ 130.80 FIREARMS.
   (A)   Definitions. For the purposes set forth in this § 130.80 (Firearms), § 130.81 (Weapons), § 111.34 (Weapons and Firearms Sale), and § 111.35 (Gunsmiths and Gun Shops) of the Village Code, the following words and phrases shall have the meanings, and are hereby defined, as follows.
      AMMUNITION. Any self-contained cartridge, shot, bullet or projectile by whatever name known, which is designed to be used, or adaptable to use, in a weapon and shot or discharged therefrom.
      ANTIQUE FIREARM. Any firearm manufactured on or before 1898 or any replica thereof, if such replica is not designed or redesigned for using and discharging ammunition, and any other firearm which, although designed as a weapon, the Department of Law Enforcement of the State of Illinois finds, bv reason of the date of its manufacture, value, design and other characteristics is primarily a collector’s item that is not likely to be used as a weapon.
      ASSAULT AMMUNITION FEEDING DEVICE.
         (a)   Any magazine, belt, drum, feed strip or similar device that has a capacity of, or can be readily restored or converted to accept, more than 10 rounds of ammunition: or
         (b)   Any combination of parts from which a device described in the above clause can be assembled.
      ASSAULT WEAPON.
         (a)   Any of the weapons (or types, replicas, or duplicates in any caliber of the weapons, regardless of manufacturer) known as:
            1.   A.A. Arms AP-9;
            2.   Algimec Agmi;
            3.   Armalite AR-180;
            4.   Australian Automatic Arms SAP Pistol;
            5.   Australian Automatic Arms SAR;
            6.    Auto-Ordinance Thompson type;
            7.   Avtomat Kalashnikov AK-47 type (including all models of the Norinco, Mitchell and Poly Tech);
            8.   Barrett Light-Fifty model 82A1;
            9.   Beretta AR-70 (SC-70);
            10.   Beretta BM-59;
            11.   Bushmaster Auto Rifle and Auto Pistol;
            12.   Calico models M-900, M-950 and 100-P;
            13.   Chartered Industries of Singapore SR-88;
            14.   Claridge High Tech;
            15.   Colt AR-15 and Sporter;
            16.   Daewoo K-1, K-2, Max-1 and Max-2;
            17.   Encom MK-IV, MP-9 and MP-45;
            18.   Fabrique Nationale FN/FAL, FN/LAR or FN/FNC;
            19.   FAMAS MAS 223;
            20.   Feather AT-9 and Mini-AT;
            21.   Federal XC-900 and XC-450;
            22.   Franchi SPAS-12 and LAW-12;
            23.   Galil AR and ARM;
            24.   Heckler & Koch HK-91, HK-93, HK-94, PSG-1, SP-89;
            25.   Holmes Mp-83;
            26.   Intratec TEC-9, TEC-DC-9, TEC-22 and Scorpion;
            27.   Iver Johnson Enforce Model 3000;
            28.   Iver Johnson PM30 Paratrooper;
            29.   M14S type;
            30.   MAC 10, M-10, MAC-11 and MAC-11 Carbine type;
            31.   Ruger Mini-14/5F (folding stock only) and Mini-14/5RF;
            32.   Scarab Skorpion;
            33.   SIG 57 AMT, SIG 550SP, SIG 551SP, SIG PE-57 types and 500 series;
            34.   Spectre Auto Carbine and Auto Pistol;
            35.   Springfield Armory BM59, SAR-48 and G-3;
            36.   Sterling MK-6 and MK-7 and SAR types;
            37.   Stevr AUG;
            38.   Street Sweeper and Striker 12 revolving cylinder shotguns;
            39.   SWD M-10, M-11. M-11/9, M-12;
            40.   Valmet M63, M71S, M76 or M78;
            41.   USAS-12;
            42.   UZI Carbine, Mini-Carbine and Pistol;
            43.   Weaver Arms Nighthawk;
            44.   Wilkinson "Linda" Pistol.
      (2)   Any semi-automatic rifle that has a fixed magazine that can hold more than 8 rounds or an ability to accept a detachable magazine and has at least 2 of the following:
         (a)   A folding or telescoping stock;
         (b)   A pistol grip that protrudes beneath the action of the weapon and which is separate and apart from the stock:
         (c)   A bayonet mount;
         (d)   A flash suppressor:
         (e)   A barrel with a threaded muzzle:
         (f)   A grenade launcher.
      (3)   Any semi-automatic pistol that has an ability to accept a detachable magazine and has at least 2 of the following:
         (a)   An ammunition magazine that attaches to the pistol outside of the pistol grip:
         (b)   A barrel having a threaded muzzle:
         (c)   A shroud that is attached to, or partially or completely encircles the barrel and which permits the shooter to hold the firearm with the no-trigger hand without being burned:
         (d)   A manufactured weight of 50 ounces or more when the pistol is unloaded:
         (e)   A semi-automatic version of an automatic firearm.
      (4)   Any semi-automatic shotgun that has either a fixed magazine with a capacity in excess of 5 rounds or an ability to accept a detachable magazine and, in addition, has at least 1 of the following:
         (a)   A folding or telescoping stock:
         (b)   A pistol grip that protrudes beneath the action of the firearm and which is separate and apart from the stock.
      FIREARM DEALER.: Any person engaged in the business of sale, rental or other transfer of firearms at wholesale or retail, including any person operating as a pawn broker.
      FIREARMS. For the purpose of this Code, FIREARMS are: pistols, revolvers, guns and small arms of a size and character that may be concealed on or about the person, commonly known as handguns, assault weapons, rifles, shotguns and all other arms designed to discharge ammunition.
      FOID. Firearm Owners Identification Card Act, 430 ILCS 65/13.1.
      LICENSED FIREARM COLLECTOR. Any person licensed as a collector bv the Secretary of the Treasury of the United States under and by virtue of Title 18, United States Code, Section 923: provided however, that a copy of said license is filed with the Chief of Police.
      PEACE OFFICER. Any person appointed by a governmental agency on a full time basis as a law enforcement official who is vested by law within the said governmental jurisdiction with all the powers
possessed by police officers, including the power to make arrests on view of or under warrants for violations of state statutes and Village and county ordinances.
      PERSON. Any individual, corporation, company, association, firm, partnership, club society, organization, or joint stock company.
      WEAPONS. For the purpose of this Code weapons are: billy club, blackjack, bowie knife, dagger, dirk, derringer, metal knuckles, switchblade, knife, razor, slingshot. stiletto, or other things of deadly character that are not firearms.
   (B)   Unlawful to possess or carry: exceptions.
      (1)   Assault weapon ban. Within the Village, it shall be unlawful for anv person to possess or carry, or for any person to permit another to possess or carry on his or her land, in any vehicle or in his or her place of business any assault weapon or assault ammunition feeding device: provided that this section shall not apply to persons identified under divisions (B)(2)(a) through (g) below.
      (2)   Within the Village, it shall be unlawful for any person to carry any firearm in any vehicle or permit same to be carried in any vehicle to which such person is the title owner of record or on or about his or her person, except that a person may carry any firearm when on his or her land or in his or her abode or fixed place of business: provided that this section shall not apply to:
         (a)   Peace officers or any person summoned by any such officers to assist in making arrests or preserving the peace while he or she is actually engaged in assisting such officer;
         (b)   Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense: provided, however, that this exemption shall apply to the carrying of a firearm only while one is engaged in the performance of his or her official duty or while commuting between his or her home and place of employment;
         (c)   Members of the armed services or reserve forces of the United States or the Illinois national guard or organized militia: provided, however, that this exemption shall apply to the carrying of a firearm only while one is engaged in the performance of his or her official duty;
         (d)   Special agents employed bv a railroad or a public utility to perform police functions, watchmen, security guards and auxiliary police officers appointed under § 32.05 (Auxiliary Police Officers) of this Code; provided, however that this exemption shall apply to the carrying of a firearm only while one is actually engaged in the performance of the duties of his or her employment or while commuting between his or her home and place of employment; and provided further that said security guards are in full compliance with appropriate provisions of 720 ILCS 5/24-2(a)(4) and other applicable laws and that said auxiliary police officers are in full compliance with § 32.05 (Auxiliary Police Officers) of this Code and other applicable laws;
         (e)   Agents and investigators of the Illinois Crime Investigating Commission authorized by the Commission to carry firearms: provided, however, that this exemption shall apply to the carrying of a firearm only while one is on duty in the course of anv investigation for the Commissioner;
         (f)   Manufacture, transportation or sale of firearms to persons authorized under law to possess such;
         (g)   Duly authorized military or civil organizations while parading, with the special permission of the Governor;
         (h)   Licensed hunters or fishermen while commuting to or from established game areas, provided that he or she complies with division (B)(2)(i) below;
         (i)   Transportation of firearms broken down in a nonfunctioning state or unloaded with neither the firearm nor any ammunition readily or directly accessible from the passenger compartment of the transporting vehicle: provided, that in the case of a vehicle without a compartment separate from the driver’s compartment, the firearm or ammunition shall be contained in a locked container other than the glove compartment or console: provided, however, that the transportation of assault weapons must not originate or terminate within the Village to qualify as an exception to this section;
         (j)   Antique firearms;
         (k)   Licensed firearm collectors;
         (l)   Members of established theater organizations located in Maywood and performing a regular performance schedule to the public, utilizing only blank ammunition in the discharge of weapons only during rehearsals, classes or performances; provided further that said organization maintains possession and control over these firearms in a safe place with a designated member of the organization when the weapons are not in use.
      (3)   Any firearm carried pursuant to the exemptions of divisions (A)(2)(f) through (g) above shall be carried unloaded, and anyone possessing a firearm pursuant to exemptions of divisions (A)(2)(j), (k) and (l) above shall not possess or carry any ammunition therefor.
   (C)   No person shall discharge any firearms or do any hunting in the Village. This shall not apply to the exemptions of divisions (A)(2)(a) through (e) above.
(1997 Code, § 42.02) (Am. Res. R-2013-08, passed 3-13-2013)