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HomeMy WebLinkAboutORDINANCE - 2351 - 2/8/1994 - HANDGUNS, BB GUNS, PETTET GUNSORDINANCE NO. 2351 AN ORDINANCE REGULATING THE SALE AND USE OF CERTAIN HANDGUNS, B -B GUNS AND PELLET GUNS WITHIN THE CORPORATE LIMITS OF THE VILLAGE OF ELK GROVE VILLAGE WHEREAS, handguns play a major role in the commission of homi- cide, aggravated assault, armed robbery and other serious crimes as well as being a major factor in accidental injuries and death; and WHEREAS, it has been determined that in order to promote and protect the health, safety and welfare of the public it is necessary to regulate the sale and/or use of certain firearms or other wea- pons; and WHEREAS, regulations concerning the transportation, purchase and use of certain weapons can be a significant factor in reducing accidental injury, accidental related fatalities and damage to pro- perty. NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois in the exercise of its Home Rule authority as follows: Section 1: That Title 6 of the Village Code of the Village of Elk Grove Village be and the same is hereby amended by adding thereto a new Chapter entitled "REGULATION OF THE SALE AND USE OF FIREARMS AND OTHER WEAPONS", which Chapter shall be as set forth in Exhibit A attached hereto and incorporated herein. Section 2: That any person violating any of the provisions of this Ordinance shall be subject to a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00) and shall be further subject to such additional penalties as are set forth in the text of this Ordinance. Section 3: That the Village Clerk is hereby authorized to publish this Ordinance in pamphlet form. Section 4: That this Ordinance shall be in full force and effect from and after May 1, 1994. VOTE: AYES: 4 NAYS: 2 ABSENT: 0 PASSED this 8th day of February , 1994. APPROVED this 8th day of February , 1994. APPROVED: Dennis J. Gallitano VILLAGE PRESIDENT ATTEST: Patricia S. Smith VILLAGE CLERK PUBLISHED this filth day of February 1994, in pamphlet form. -2- EXHIBIT A CHAPTER 11 REGULATION OF THE SALE AND USE OF FIREARMS AND OTHER WEAPONS SECTION: 6-11-1: Definitions 6-11-2: Unlawful Sale of Handguns 6-11-3: Unlawful Sale of Handgun Styled 6-11-4: Unlawful Transportation of B -B 6-11-5: Minimum Age Requirement for the Guns 6-11-6: Unlawful Discharge of Firearms, 6-11-7: Penalty 6-11-1: DEFINITIONS: B -B or Pellet Guns or Pellet Guns Purchase of B -B or Pellet B -B Guns or Pellet Guns A. B-B/Pellet Gun - Any pneumatic gun, spring gun, B -B gun or comparable type weapon which expels a single globular projectile not exceeding .18 inches in diameter. B. Handgun - A pistol, revolver, or firearm which: (i) is intended to be fired while held in one hand; or (ii) has a barrel of less than fifteen inches (15"); or (iii) is of such size which may be concealed upon the person. C. Firearm - Any device, by whatever name known, which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas. 6-11-2: UNLAWFUL SALE OF HANDGUNS: It shall be unlawful for any person, firm or corporation to sell, offer for sale, trade or otherwise commercially deal in handguns as defined herein, provided that the provisions of this Section shall not apply to the following: A. The importation, exportation or wholesale sale of handguns. B. Antique handguns which the Department of Law En- forcement of the State of Illinois finds by reason of the date of its manufacture, value, design or other characteristics is primarily a collector's item and is not likely to be used as a weapon. 6-11-3: UNLAWFUL SALE OF HANDGUN STYLED B -B OR PELLET GUNS: It shall be unlawful for any person, firm or corporation to sell, offer for sale, trade or otherwise commercially deal in handgun styled or sized B -B or pellet guns provided that the pro- visions of this Section shall not apply to the importation, ex- portation or wholesale sale thereof. 6-11-4: UNLAWFUL TRANSPORTATION OF B -B OR PELLET GUNS: It shall be unlawful for any person to transport or permit the transportation of B -B or pellet guns in any motor vehicle where the gun is located in an area accessible to any occupant of said motor vehicle. In the case of a motor vehicle wherein all areas are accessible to any occupant, the transportation of any unloaded B -B or pellet gun in an enclosed case shall not be deemed to be in violation of this section. 6-11-5: MINIMUM AGE REQUIREMENT FOR THE PURCHASE OF ANY B -B OR PELLET GUN: It shall be unlawful for any person under the age of eighteen (18) years to purchase a B -B or pellet gun within the corporate limits of the Village, or for any person, firm or corporation to sell or cause the sale of a B -B or pellet gun to any person under the age of eighteen. 6-11-6: UNLAWFUL DISCHARGE OF FIREARMS, B -B GUNS OR PELLET GUNS: It shall be unlawful for any person to discharge any firearm, B -B gun or pellet gun in the Village, provided that this Section shall not be construed to prohibit any officer of the law from discharging a firearm in the performance of his duty. 6-11-7: PENALTY: Any person, firm or corporation violating any of the provisions of this Chapter shall be subject to a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00) for each offense. In addition, the Po- lice Department is authorized to confiscate any and all handguns, B -B or pellet guns from any person, firm or corporation arrested for violating any of the provisions of this Chapter and retain same until further directed by order of Court.