It shall be unlawful for any person, firm, organization, association, corporation, or partnership to sell or offer to sell, transfer or give away dangerous or deadly weapons in the village unless they are sold at or to a commercial business legally maintaining retail or business office space within the village limits under the village's zoning laws, and unless possession of the dangerous or deadly weapons, pursuant to such sale, is transferred actually within the confines of said retail or business office space. Any such person, firm, organization, association, corporation or partnership must either own its own retail or business office space, have a written lease for such space, or otherwise have a written agreement with the owner of such space allowing the gun transactions in such retail or business office space. The sale, giving away or transfer of dangerous or deadly weapons is prohibited in any other locations including, but not limited to, residences and dwelling places within the village. Moreover, it shall be unlawful for any such person, firm, organization, association, corporation or partnership to sell or offer to sell, transfer or give away dangerous or deadly weapons in the village without first being licensed to do so by the village, as well as by appropriate federal and state authorities. Notwithstanding the foregoing, the giving away of any such dangerous or deadly weapon shall not be prohibited if it is given away free as a prize or an award by a private club or an association at a banquet, benefit, annual dinner, or similar event, but no such private club or association shall be permitted to do so more than twice a year. Also, as provided in § 128.01 of this code, the provisions of this section shall not apply to the one-time sale of the personal gun of its owner; provided, however, if the same individual sells six or more guns within any three year period, such person shall be conclusively deemed to be conducting the business of a gunshop.
(A) "DANGEROUS AND DEADLY WEAPONS" for the purpose of this chapter are defined as hand guns or other firearms, daggers, stilettos, billy clubs, stun guns, tasers, cross bows and all other objects included in Article 24, Section 24-1 and Article 33A, Section 33A-1 of the Illinois Criminal Code.
(B) "FIREARMS" for the purposes of this chapter are defined as any device by whatever name known which are designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas, excluding:
(1) Any pneumatic gun, paint ball gun or B-B gun which either expels a single globular projectile not exceeding .18 inch in diameter and which has a maximum muzzle velocity of less than 700 feet per second or breakable paint balls containing washable marking colors;
(2) Any device used exclusively for signaling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission;
(3) Any device used exclusively for the firing of stud cartridges, explosive rivets or similar industrial ammunition; or
(4) An antique firearm (other than a machine-gun) which, although designed as a weapon, the Department of State Police 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.
(C) "HAND GUN" for the purposes of this chapter is defined as a firearm to be held and fired by the use of a single hand and includes a combination of parts from which a firearm can be assembled.
(E) Any person convicted of a violation of the provisions of this section shall be subject to a fine of not less than $250 nor more than $500, and/or a term of incarceration of not to exceed six months. Each day a violation continues shall constitute a separate offense. In addition, any person convicted of a violation of the provisions of this section may be required by the Court to perform community service work for a specific number of hours as determined by the Court.
(Ord. 94-0-004, passed 1-25-94; Am. Ord. 94-0-080, passed 10-25-94) Penalty, see § 133.99