Chapter 9.12
WEAPONS
Sections:
   9.12.010   Discharge of firearms--Furnishing firearm to minors.
   9.12.020   Definitions.
   9.12.025   Safe storage and transportation of assault weapons.
   9.12.030   Surrender of handguns and ammunition.
   9.12.040   Firearms dealers prohibited.
   9.12.050   Penalties.
Section 9.12.010   Discharge of firearms--Furnishing firearm to minors.
   A.   No person shall fire or discharge any firearm within the corporate limits of the Village, except in a firing or shooting range under the supervision of the Police Department, at a parade or other civic ceremony under the supervision of the Police Department, or by a peace officer in the pursuance of such officer's duties.
   B.   No person shall sell, lend or furnish to any minor any firearm or ammunition for any firearm within the limits of the Village.
(Prior code § 45.02)
Section 9.12.020   Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
   A.   “Ammunition” means cartridge cases, shells, projectiles (including shot), primers, bullets, propellant powder, or other devices or materials designed or intended for use in a firearm.
   B.   “Antique firearm” means:
      1.   Any firearm which is incapable of being fired or discharged and which is possessed as a curiosity or ornament or for its historical significance or value including, but not limited to, any firearm with a matchlock, flintlock, percussion cap or similar type of ignition system; or
      2.   Any firearm manufactured before 1898 for which cartridge ammunition is not commercially available.
   C.   “Assault” weapon means:
      1.   A semiautomatic rifle that has the capacity to accept a large capacity magazine detachable or otherwise and one or more of the following:
         a.   Only a pistol grip without a stock attached;
         b.   Any feature capable of functioning as a protruding grip that can be held by the non-trigger hand;
         c.   A folding, telescoping or thumbhole stock;
         d.   A shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel; or
         e.   A muzzle brake or muzzle compensator;
      2.   A semiautomatic pistol or any semi-automatic rifle that has a fixed magazine, that has the capacity to accept more than ten rounds of ammunition;
      3.   A semiautomatic pistol that has the capacity to accept a detachable magazine and has one or more of the following:
         a.   Any feature capable of functioning as a protruding grip that can be held by the non-trigger hand;
         b.   A folding, telescoping or thumbhole stock;
         c.   A shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel;
         d.   A muzzle brake or muzzle compensator; or
         e.   The capacity to accept a detachable magazine at some location outside of the pistol grip.
      4.   A semiautomatic shotgun that has one or more of the following:
         a.   Only a pistol grip without a stock attached;
         b.   Any feature capable of functioning as a protruding grip that can be held by the non-trigger hand;
         c.   A folding, telescoping or thumbhole stock;
         d.   A fixed magazine capacity in excess of five rounds; or
         e.   An ability to accept a detachable magazine;
      5.   Any shotgun with a revolving cylinder.
      6.   Conversion kit, part or combination of parts, from which an assault weapon can be assembled if those parts are in the possession or under the control of the same person;
      7.   Shall include, but not be limited to, the assault weapons models identified as follows:
         a.   The following rifles or copies or duplicates thereof:
            i.   AK, AKM, AKS, AK-47, AK-74, ARM, MAK90, Misr, NHM 90, NHM 91, SA 85, SA 93, VEPR;
            ii.   AR-10;
            iii.   AR-15, Bushmaster XM15, Armalite M15, or Olympic Arms PCR;
            iv.   AR70;
            v.   Calico Liberty;
            vi.   Dragunov SVD Sniper Rifle or Dragunov SVU;
            vii.   Fabrique National FN/FAL, FN/LAR, or FNC;
            viii.   Hi-Point Carbine;
            ix.   HK-91, HK-93, HK-94, or HK-PSG-1;
            x.   Kel-Tec Sub Rifle;
            xi.   Saiga;
            xii.   SAR-8, SAR-4800;
            xiii.   SKS with detachable magazine;
            xiv.   SLG 95;
            xv.   SLR 95 or 96;
            xvi.   Steyr AUG;
            xvii.   Sturm, Ruger Mini-14;
            xviii.   Tavor;
            xix.   Thompson 1927, Thompson M1, or Thompson 1927 Commando; or
            xx.   Uzi, Galil and Uzi Sporter, Galil Sporter, or Galil Sniper Rifle (Galatz).
         b.   The following pistols or copies or duplicates thereof:
            i.   Calico M-110;
            ii.   MAC-10, MAC-11, or MPA3;
            iii.   Olympic Arms OA;
            iv.   TEC-9, TEC-DC9, TEC-22 Scorpion, or AB-10; or
            v.   Uzi.
         c.   The following shotguns or copies or duplicates thereof:
            i.   Armscor 30 BG;
            ii.   SPAS 12 or LAW 12;
            iii.   Striker 12; or
            iv.   Streetsweeper.
   “Assault weapon” does not include any firearm that has been made permanently inoperable, or satisfies the definition of “antique firearm,” as defined in subsection B of this section, or weapons designed for Olympic target shooting events.
   D.   “Detachable magazine” means any ammunition feeding device, the function of which is to deliver one or more ammunition cartridges into the firing chamber, which can be removed from the firearm without the use of any tool, including a bullet or ammunition cartridge.
   E.   “Firearm” means any weapon that will, or that is designed to or is restored to, expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas; provided that, such term shall not include:
      1.   Antique firearms; or
      2.   Any device used exclusively for line throwing, signaling, or safety and required or recommended by the United States Coast Guard or Interstate Commerce Commission; or
      3.   Any industrial device used exclusively for firing nails, rivets, stud cartridges, or similar construction or industrial material; or
      4.   Any pneumatic gun, spring gun or B-B gun which expels a single globular projectile not exceeding .18 inches in diameter; or
      5.   Model rockets designed to propel a model vehicle in a vertical direction.
   F.   “Firearm dealer” means any person engaged in the business of:
      1.   Selling firearms or ammunition at wholesale or retail; or
      2.   Manufacturing firearms or ammunition; or
      3.   Repairing firearms.
   G.   “Handgun” means:
      1.   A firearm designed or redesigned or made or remade or intended to be fired while held in one hand; or
      2.   A firearm having a barrel of less than ten (10) inches in length; or
      3.   A firearm of a size which may be concealed upon the person.
      4.   The term “handgun” includes a combination of parts from which such firearm can be assembled.
   H.   “Large capacity magazine” means any ammunition feeding device with the capacity to accept more than ten rounds, but shall not be construed to include the following:
      1.   A feeding device that has been permanently altered so that it cannot accommodate more than ten rounds.
      2.   A 22 caliber tube ammunition feeding device.
      3.   A tubular magazine that is contained in a lever-action firearm.
   I.   “Licensed firearm collector” means any person licensed as a collector by the Secretary of the Treasury of the United States under Title 18, United States Code, Section 923.
   J.   “Muzzle brake” means a device attached to the muzzle of a weapon that utilizes escaping gas to reduce recoil.
   K.   “Muzzle compensator” means a device attached to the muzzle of a weapon that utilizes escaping gas to control muzzle movement.
   L.   “Security personnel” means special agents employed by a railroad or public utility to perform police functions, guards of armored car companies, or watchmen or security guards and persons regularly employed in a commercial or industrial operation for the protection of persons employed by or property related to such commercial or industrial operation.
(Ord. MC-4-2013 § 3, 7/19/2013; Ord. MC-9-2008 § 2, Amended, 11/18/2008)
Section 9.12.025   Safe Storage and Transportation of Assault Weapons.
   A.    Safe Storage of Assault Weapons. It is unlawful and a violation of this subsection A to store or keep any assault weapon in the Village unless such weapon is secured in a locked container or equipped with a tamper-resistant mechanical lock or other safety device, properly engaged so as to render such weapon inoperable by any person other than the owner or other lawfully authorized user.
   B.   Transportation of Assault Weapons. It is unlawful and a violation of this subsection B for any person to carry or possess an assault weapon in the Village, except when on his own land or in his own abode, legal dwelling or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person’s permission, except that this section does not apply to or affect transportation of assault weapons that meet the following conditions:
      1.   Are broken down in a non-functioning state; and
      2.   Are not immediately accessible; and
      3.   Are 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.
   C.   Exceptions.
      1.   Self-defense. No person shall be punished for a violation of this section if an assault weapon is used in a lawful act of self-defense or in defense of another.
      2.   The provisions of this section do not apply (i) to any law enforcement officer, agent or employee of any municipality of the State of Illinois, (ii) to any law enforcement officer, agent or employee of the State of Illinois, of the United States, or of any other state, or (iii) to any member of the military or other service of any state or the United States, including national guard and reserves; provided, that the persons described are authorized by a competent authority to so carry an assault weapon and such person is acting within the scope of his duties or training.
(MC-02-2023 § 2, 3/21/2023; Ord. MC-4-2013 § 4, 7/19/2013)
Section 9.12.030   Surrender of handguns and ammunition.
   A.   Voluntary Surrender. Any person within the Village may voluntarily and peaceably deliver and abandon to the Chief of Police any handgun or ammunition. No person shall be asked for identification nor will such person be subject to prosecution for the possession of any handgun or ammunition voluntarily surrendered.
   B.   Conditions. The voluntary surrender of any handgun or ammunition shall not moot or in any manner invalidate any pending or future investigation, arrest, charge, or prosecution for a violation of any provision of this Chapter 9.12 or any other law or regulation concerning the use or possession of firearms or ammunition.
   C.   Destruction of Surrendered Handguns and Ammunition. Whenever any handgun or ammunition is surrendered pursuant to the terms of this section, the Chief of Police shall ascertain whether such handgun or ammunition is needed as evidence in any matter. If such handgun or ammunition is not required for evidence it shall be destroyed at the direction of the Chief of Police. A record of the date and method of destruction and an inventory of the handgun or ammunition so destroyed shall be maintained.
(MC-02-2023 § 3, 3/21/2023; Ord. MC-9-2008 § 2, Amended, 11/18/2008)
Section 9.12.040   Firearms dealers prohibited.
   No person shall engage in the business of a firearm dealer in the Village, including exchange, loan, rental or other transfer for consideration of a firearm or ammunition.
(Ord. MC-9-2008 § 2, Amended, 11/18/2008)
Section 9.12.050   Penalties.
   A.   Any person found in violation of Section 9.12.010 of this chapter shall be subject to a fine of not less than three hundred dollars ($300.00) nor more than two thousand dollars ($2,000.00).
   B.   Any person found in violation of Section 9.12.025 or Section 9.12.040 of this chapter shall be subject to a fine of not less than one thousand dollars ($1,000.00) nor more than two thousand dollars ($2,000.00) for each offense.
(MC-02-2023 § 4, 3/21/2023; Ord. MC-1-2014 § 30, 2/18/2014; Ord. MC-4-2013 § 5, 7/19/2013)