99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB6008

Introduced , by Rep. Carol A. Sente

SYNOPSIS AS INTRODUCED:
55 ILCS 5/5-1117 from Ch. 34, par. 5-1117
520 ILCS 5/2.33 from Ch. 61, par. 2.33

Amends the Counties Code and the Wildlife Code. Provides that in the counties of Cook, Lake, Will, and DuPage, it is unlawful for any person to discharge any firearm for the purpose of taking any of the species protected by the Wildlife Code, or hunt with gun or dog, or intentionally or wantonly allow a dog to hunt, within 1,000 yards of an inhabited dwelling without first obtaining permission from the owner or tenant. Permits the discharge of firearms at a licensed shooting range regardless of the distance from inhabited residences. Preempts a home rule unit located in the counties of Cook, Lake, Will, and DuPage from regulating the discharge of firearms in a manner inconsistent with these provisions.
LRB099 19073 RLC 44976 b
HOME RULE NOTE ACT MAY APPLY

A BILL FOR

HB6008LRB099 19073 RLC 44976 b
1 AN ACT concerning firearms.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Counties Code is amended by changing Section
55-1117 as follows:
6 (55 ILCS 5/5-1117) (from Ch. 34, par. 5-1117)
7 Sec. 5-1117. Discharge of firearms.
8 (a) The county board of any county may, by ordinance,
9regulate or prohibit within unincorporated areas the discharge
10of firearms in any residential area where such discharge is
11likely to subject residents or passersby to the risk of injury.
12However, such an ordinance shall not limit the right to
13discharge a firearm for the lawful defense of persons or
14property, or in the course of making a lawful arrest, when such
15use of force is justified under Article 7 of the Criminal Code
16of 2012.
17 (a-5) Nothing in this Section prohibits the discharge of
18firearms at a licensed shooting range.
19 (b) For the purposes of this Section, a "residential area"
20in counties other than Cook, Lake, Will, and DuPage is any area
21within 300 yards of at least 3 single or multi-family
22residential structures. In the counties of Cook, Lake, Will,
23and DuPage, a "residential area" is any area within 1,000 yards

HB6008- 2 -LRB099 19073 RLC 44976 b
1of an inhabited dwelling.
2 (c) A home rule unit located in the counties of Cook, Lake,
3Will, and DuPage may not regulate the discharge of firearms in
4a manner that is inconsistent with this Section. This Section
5is a limitation under subsection (i) of Section 6 of Article
6VII of the Illinois Constitution on the concurrent exercise by
7home rule units of powers and functions exercised by the State.
8(Source: P.A. 97-1150, eff. 1-25-13.)
9 Section 10. The Wildlife Code is amended by changing
10Section 2.33 as follows:
11 (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
12 Sec. 2.33. Prohibitions.
13 (a) It is unlawful to carry or possess any gun in any State
14refuge unless otherwise permitted by administrative rule.
15 (b) It is unlawful to use or possess any snare or
16snare-like device, deadfall, net, or pit trap to take any
17species, except that snares not powered by springs or other
18mechanical devices may be used to trap fur-bearing mammals, in
19water sets only, if at least one-half of the snare noose is
20located underwater at all times.
21 (c) It is unlawful for any person at any time to take a
22wild mammal protected by this Act from its den by means of any
23mechanical device, spade, or digging device or to use smoke or
24other gases to dislodge or remove such mammal except as

HB6008- 3 -LRB099 19073 RLC 44976 b
1provided in Section 2.37.
2 (d) It is unlawful to use a ferret or any other small
3mammal which is used in the same or similar manner for which
4ferrets are used for the purpose of frightening or driving any
5mammals from their dens or hiding places.
6 (e) (Blank).
7 (f) It is unlawful to use spears, gigs, hooks or any like
8device to take any species protected by this Act.
9 (g) It is unlawful to use poisons, chemicals or explosives
10for the purpose of taking any species protected by this Act.
11 (h) It is unlawful to hunt adjacent to or near any peat,
12grass, brush or other inflammable substance when it is burning.
13 (i) It is unlawful to take, pursue or intentionally harass
14or disturb in any manner any wild birds or mammals by use or
15aid of any vehicle or conveyance, except as permitted by the
16Code of Federal Regulations for the taking of waterfowl. It is
17also unlawful to use the lights of any vehicle or conveyance or
18any light from or any light connected to the vehicle or
19conveyance in any area where wildlife may be found except in
20accordance with Section 2.37 of this Act; however, nothing in
21this Section shall prohibit the normal use of headlamps for the
22purpose of driving upon a roadway. Striped skunk, opossum, red
23fox, gray fox, raccoon, bobcat, and coyote may be taken during
24the open season by use of a small light which is worn on the
25body or hand-held by a person on foot and not in any vehicle.
26 (j) It is unlawful to use any shotgun larger than 10 gauge

HB6008- 4 -LRB099 19073 RLC 44976 b
1while taking or attempting to take any of the species protected
2by this Act.
3 (k) It is unlawful to use or possess in the field any
4shotgun shell loaded with a shot size larger than lead BB or
5steel T (.20 diameter) when taking or attempting to take any
6species of wild game mammals (excluding white-tailed deer),
7wild game birds, migratory waterfowl or migratory game birds
8protected by this Act, except white-tailed deer as provided for
9in Section 2.26 and other species as provided for by subsection
10(l) or administrative rule.
11 (l) It is unlawful to take any species of wild game, except
12white-tailed deer and fur-bearing mammals, with a shotgun
13loaded with slugs unless otherwise provided for by
14administrative rule.
15 (m) It is unlawful to use any shotgun capable of holding
16more than 3 shells in the magazine or chamber combined, except
17on game breeding and hunting preserve areas licensed under
18Section 3.27 and except as permitted by the Code of Federal
19Regulations for the taking of waterfowl. If the shotgun is
20capable of holding more than 3 shells, it shall, while being
21used on an area other than a game breeding and shooting
22preserve area licensed pursuant to Section 3.27, be fitted with
23a one piece plug that is irremovable without dismantling the
24shotgun or otherwise altered to render it incapable of holding
25more than 3 shells in the magazine and chamber, combined.
26 (n) It is unlawful for any person, except persons who

HB6008- 5 -LRB099 19073 RLC 44976 b
1possess a permit to hunt from a vehicle as provided in this
2Section and persons otherwise permitted by law, to have or
3carry any gun in or on any vehicle, conveyance or aircraft,
4unless such gun is unloaded and enclosed in a case, except that
5at field trials authorized by Section 2.34 of this Act,
6unloaded guns or guns loaded with blank cartridges only, may be
7carried on horseback while not contained in a case, or to have
8or carry any bow or arrow device in or on any vehicle unless
9such bow or arrow device is unstrung or enclosed in a case, or
10otherwise made inoperable.
11 (o) It is unlawful to use any crossbow for the purpose of
12taking any wild birds or mammals, except as provided for in
13Section 2.5.
14 (p) It is unlawful to take game birds, migratory game birds
15or migratory waterfowl with a rifle, pistol, revolver or
16airgun.
17 (q) It is unlawful to fire a rifle, pistol, revolver or
18airgun on, over or into any waters of this State, including
19frozen waters.
20 (r) It is unlawful to discharge any gun or bow and arrow
21device along, upon, across, or from any public right-of-way or
22highway in this State.
23 (s) It is unlawful to use a silencer or other device to
24muffle or mute the sound of the explosion or report resulting
25from the firing of any gun.
26 (t) It is unlawful for any person to take or attempt to

HB6008- 6 -LRB099 19073 RLC 44976 b
1take any species of wildlife or parts thereof, intentionally or
2wantonly allow a dog to hunt, within or upon the land of
3another, or upon waters flowing over or standing on the land of
4another, or to knowingly shoot a gun or bow and arrow device at
5any wildlife physically on or flying over the property of
6another without first obtaining permission from the owner or
7the owner's designee. For the purposes of this Section, the
8owner's designee means anyone who the owner designates in a
9written authorization and the authorization must contain (i)
10the legal or common description of property for such authority
11is given, (ii) the extent that the owner's designee is
12authorized to make decisions regarding who is allowed to take
13or attempt to take any species of wildlife or parts thereof,
14and (iii) the owner's notarized signature. Before enforcing
15this Section the law enforcement officer must have received
16notice from the owner or the owner's designee of a violation of
17this Section. Statements made to the law enforcement officer
18regarding this notice shall not be rendered inadmissible by the
19hearsay rule when offered for the purpose of showing the
20required notice.
21 (u) In counties other than Cook, Lake, Will, and DuPage, it
22It is unlawful for any person to discharge any firearm for the
23purpose of taking any of the species protected by this Act, or
24hunt with gun or dog, or intentionally or wantonly allow a dog
25to hunt, within 300 yards of an inhabited dwelling without
26first obtaining permission from the owner or tenant, except

HB6008- 7 -LRB099 19073 RLC 44976 b
1that while trapping, hunting with bow and arrow, hunting with
2dog and shotgun using shot shells only, or hunting with shotgun
3using shot shells only, or providing outfitting services under
4a waterfowl outfitter permit, or on licensed game breeding and
5hunting preserve areas, as defined in Section 3.27, on
6federally owned and managed lands and on Department owned,
7managed, leased, or controlled lands, a 100 yard restriction
8shall apply.
9 (u-5) In the counties of Cook, Lake, Will, and DuPage, it
10is unlawful for any person to discharge any firearm for the
11purpose of taking any of the species protected by this Act, or
12hunt with gun or dog, or intentionally or wantonly allow a dog
13to hunt, within 1,000 yards of an inhabited dwelling without
14first obtaining permission from the owner or tenant. Nothing in
15this subsection (u-5) prohibits the discharge of firearms at a
16licensed shooting range. A home rule unit located in the
17counties of Cook, Lake, Will, and DuPage may not regulate the
18discharge of firearms in a manner that is inconsistent with
19this subsection (u-5). This subsection (u-5) is a limitation
20under subsection (i) of Section 6 of Article VII of the
21Illinois Constitution on the concurrent exercise by home rule
22units of powers and functions exercised by the State.
23 (v) It is unlawful for any person to remove fur-bearing
24mammals from, or to move or disturb in any manner, the traps
25owned by another person without written authorization of the
26owner to do so.

HB6008- 8 -LRB099 19073 RLC 44976 b
1 (w) It is unlawful for any owner of a dog to knowingly or
2wantonly allow his or her dog to pursue, harass or kill deer,
3except that nothing in this Section shall prohibit the tracking
4of wounded deer with a dog in accordance with the provisions of
5Section 2.26 of this Code.
6 (x) It is unlawful for any person to wantonly or carelessly
7injure or destroy, in any manner whatsoever, any real or
8personal property on the land of another while engaged in
9hunting or trapping thereon.
10 (y) It is unlawful to hunt wild game protected by this Act
11between one half hour after sunset and one half hour before
12sunrise, except that hunting hours between one half hour after
13sunset and one half hour before sunrise may be established by
14administrative rule for fur-bearing mammals.
15 (z) It is unlawful to take any game bird (excluding wild
16turkeys and crippled pheasants not capable of normal flight and
17otherwise irretrievable) protected by this Act when not flying.
18Nothing in this Section shall prohibit a person from carrying
19an uncased, unloaded shotgun in a boat, while in pursuit of a
20crippled migratory waterfowl that is incapable of normal
21flight, for the purpose of attempting to reduce the migratory
22waterfowl to possession, provided that the attempt is made
23immediately upon downing the migratory waterfowl and is done
24within 400 yards of the blind from which the migratory
25waterfowl was downed. This exception shall apply only to
26migratory game birds that are not capable of normal flight.

HB6008- 9 -LRB099 19073 RLC 44976 b
1Migratory waterfowl that are crippled may be taken only with a
2shotgun as regulated by subsection (j) of this Section using
3shotgun shells as regulated in subsection (k) of this Section.
4 (aa) It is unlawful to use or possess any device that may
5be used for tree climbing or cutting, while hunting fur-bearing
6mammals, excluding coyotes.
7 (bb) It is unlawful for any person, except licensed game
8breeders, pursuant to Section 2.29 to import, carry into, or
9possess alive in this State any species of wildlife taken
10outside of this State, without obtaining permission to do so
11from the Director.
12 (cc) It is unlawful for any person to have in his or her
13possession any freshly killed species protected by this Act
14during the season closed for taking.
15 (dd) It is unlawful to take any species protected by this
16Act and retain it alive except as provided by administrative
17rule.
18 (ee) It is unlawful to possess any rifle while in the field
19during gun deer season except as provided in Section 2.26 and
20administrative rules.
21 (ff) It is unlawful for any person to take any species
22protected by this Act, except migratory waterfowl, during the
23gun deer hunting season in those counties open to gun deer
24hunting, unless he or she wears, when in the field, a cap and
25upper outer garment of a solid blaze orange color, with such
26articles of clothing displaying a minimum of 400 square inches

HB6008- 10 -LRB099 19073 RLC 44976 b
1of blaze orange material.
2 (gg) It is unlawful during the upland game season for any
3person to take upland game with a firearm unless he or she
4wears, while in the field, a cap of solid blaze orange color.
5For purposes of this Act, upland game is defined as Bobwhite
6Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
7Cottontail and Swamp Rabbit.
8 (hh) It shall be unlawful to kill or cripple any species
9protected by this Act for which there is a bag limit without
10making a reasonable effort to retrieve such species and include
11such in the bag limit. It shall be unlawful for any person
12having control over harvested game mammals, game birds, or
13migratory game birds for which there is a bag limit to wantonly
14waste or destroy the usable meat of the game, except this shall
15not apply to wildlife taken under Sections 2.37 or 3.22 of this
16Code. For purposes of this subsection, "usable meat" means the
17breast meat of a game bird or migratory game bird and the hind
18ham and front shoulders of a game mammal. It shall be unlawful
19for any person to place, leave, dump, or abandon a wildlife
20carcass or parts of it along or upon a public right-of-way or
21highway or on public or private property, including a waterway
22or stream, without the permission of the owner or tenant. It
23shall not be unlawful to discard game meat that is determined
24to be unfit for human consumption.
25 (ii) This Section shall apply only to those species
26protected by this Act taken within the State. Any species or

HB6008- 11 -LRB099 19073 RLC 44976 b
1any parts thereof, legally taken in and transported from other
2states or countries, may be possessed within the State, except
3as provided in this Section and Sections 2.35, 2.36 and 3.21.
4 (jj) (Blank).
5 (kk) Nothing contained in this Section shall prohibit the
6Director from issuing permits to paraplegics or to other
7persons with disabilities who meet the requirements set forth
8in administrative rule to shoot or hunt from a vehicle as
9provided by that rule, provided that such is otherwise in
10accord with this Act.
11 (ll) Nothing contained in this Act shall prohibit the
12taking of aquatic life protected by the Fish and Aquatic Life
13Code or birds and mammals protected by this Act, except deer
14and fur-bearing mammals, from a boat not camouflaged or
15disguised to alter its identity or to further provide a place
16of concealment and not propelled by sail or mechanical power.
17However, only shotguns not larger than 10 gauge nor smaller
18than .410 bore loaded with not more than 3 shells of a shot
19size no larger than lead BB or steel T (.20 diameter) may be
20used to take species protected by this Act.
21 (mm) Nothing contained in this Act shall prohibit the use
22of a shotgun, not larger than 10 gauge nor smaller than a 20
23gauge, with a rifled barrel.
24 (nn) It shall be unlawful to possess any species of
25wildlife or wildlife parts taken unlawfully in Illinois, any
26other state, or any other country, whether or not the wildlife

HB6008- 12 -LRB099 19073 RLC 44976 b
1or wildlife parts is indigenous to Illinois. For the purposes
2of this subsection, the statute of limitations for unlawful
3possession of wildlife or wildlife parts shall not cease until
42 years after the possession has permanently ended.
5(Source: P.A. 98-119, eff. 1-1-14; 98-181, eff. 8-5-13; 98-183,
6eff. 1-1-14; 98-290, eff. 8-9-13; 98-756, eff. 7-16-14; 98-914,
7eff. 1-1-15; 99-33, eff. 1-1-16; 99-143, eff. 7-27-15; revised
810-20-15.)