Illinois 2023-2024 Regular Session

Illinois House Bill HB2273 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2273 Introduced , by Rep. Travis Weaver SYNOPSIS AS INTRODUCED: 520 ILCS 5/1.2t-2 new 520 ILCS 5/2.25 from Ch. 61, par. 2.25 520 ILCS 5/2.33 520 ILCS 5/1.2bb rep. Amends the Wildlife Code. Removes the definition for "single shot". Defines "wildlife rifle" to mean a rifle that can hold up to 3 rounds in the magazine and chamber combined. Replaces references to "single shot" rifles to "wildlife rifles". LRB103 05161 RJT 50176 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2273 Introduced , by Rep. Travis Weaver SYNOPSIS AS INTRODUCED: 520 ILCS 5/1.2t-2 new 520 ILCS 5/2.25 from Ch. 61, par. 2.25 520 ILCS 5/2.33 520 ILCS 5/1.2bb rep. 520 ILCS 5/1.2t-2 new 520 ILCS 5/2.25 from Ch. 61, par. 2.25 520 ILCS 5/2.33 520 ILCS 5/1.2bb rep. Amends the Wildlife Code. Removes the definition for "single shot". Defines "wildlife rifle" to mean a rifle that can hold up to 3 rounds in the magazine and chamber combined. Replaces references to "single shot" rifles to "wildlife rifles". LRB103 05161 RJT 50176 b LRB103 05161 RJT 50176 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2273 Introduced , by Rep. Travis Weaver SYNOPSIS AS INTRODUCED:
33 520 ILCS 5/1.2t-2 new 520 ILCS 5/2.25 from Ch. 61, par. 2.25 520 ILCS 5/2.33 520 ILCS 5/1.2bb rep. 520 ILCS 5/1.2t-2 new 520 ILCS 5/2.25 from Ch. 61, par. 2.25 520 ILCS 5/2.33 520 ILCS 5/1.2bb rep.
44 520 ILCS 5/1.2t-2 new
55 520 ILCS 5/2.25 from Ch. 61, par. 2.25
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88 Amends the Wildlife Code. Removes the definition for "single shot". Defines "wildlife rifle" to mean a rifle that can hold up to 3 rounds in the magazine and chamber combined. Replaces references to "single shot" rifles to "wildlife rifles".
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1414 1 AN ACT concerning wildlife.
1515 2 Be it enacted by the People of the State of Illinois,
1616 3 represented in the General Assembly:
1717 4 Section 5. The Wildlife Code is amended by changing
1818 5 Sections 1.2bb, 2.25, and 2.33 and by adding Section 1.2t-2 as
1919 6 follows:
2020 7 (520 ILCS 5/1.2t-2 new)
2121 8 Sec. 1.2t-2. Wildlife rifle. "Wildlife rifle" means a
2222 9 rifle that can hold up to 3 rounds in the magazine and chamber
2323 10 combined.
2424 11 (520 ILCS 5/2.25) (from Ch. 61, par. 2.25)
2525 12 Sec. 2.25. It shall be unlawful for any person to take deer
2626 13 except (i) with a shotgun, handgun, single shot centerfire
2727 14 wildlife rifle, or muzzleloading rifle or (ii) as provided by
2828 15 administrative rule, with a bow and arrow, during the open
2929 16 season of not more than 14 days which will be set annually by
3030 17 the Director between the dates of November 1st and December
3131 18 31st, both inclusive, or a special 3-day, youth-only season
3232 19 between the dates of September 1 and October 31. For the
3333 20 purposes of this Section, legal handguns and rifles are
3434 21 limited to centerfire handguns that are either a single shot
3535 22 or revolver and centerfire wildlife rifles that are single
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3939 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2273 Introduced , by Rep. Travis Weaver SYNOPSIS AS INTRODUCED:
4040 520 ILCS 5/1.2t-2 new 520 ILCS 5/2.25 from Ch. 61, par. 2.25 520 ILCS 5/2.33 520 ILCS 5/1.2bb rep. 520 ILCS 5/1.2t-2 new 520 ILCS 5/2.25 from Ch. 61, par. 2.25 520 ILCS 5/2.33 520 ILCS 5/1.2bb rep.
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4242 520 ILCS 5/2.25 from Ch. 61, par. 2.25
4343 520 ILCS 5/2.33
4444 520 ILCS 5/1.2bb rep.
4545 Amends the Wildlife Code. Removes the definition for "single shot". Defines "wildlife rifle" to mean a rifle that can hold up to 3 rounds in the magazine and chamber combined. Replaces references to "single shot" rifles to "wildlife rifles".
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7676 1 shot. The only legal ammunition for a centerfire handgun or
7777 2 rifle is a bottleneck centerfire cartridge of .30 caliber or
7878 3 larger with a case length not exceeding one and two-fifths
7979 4 inches, or a straight-walled centerfire cartridge of .30
8080 5 caliber or larger, both of which must be available as a factory
8181 6 load with the published ballistic tables of the manufacturer
8282 7 showing a capability of at least 500 foot pounds of energy at
8383 8 the muzzle. The barrel of a handgun shall be at least 4 inches.
8484 9 Full metal jacket bullets may not be used to harvest deer.
8585 10 The Department shall make administrative rules concerning
8686 11 management restrictions applicable to the firearm and bow and
8787 12 arrow season.
8888 13 It shall be unlawful for any person to take deer except
8989 14 with a bow and arrow during the open season for bow and arrow
9090 15 set annually by the Director between the dates of September
9191 16 1st and January 31st, both inclusive.
9292 17 It shall be unlawful for any person to take deer except
9393 18 with (i) a muzzleloading rifle or (ii) bow and arrow during the
9494 19 open season for muzzleloading rifles set annually by the
9595 20 Director.
9696 21 The Director shall cause an administrative rule setting
9797 22 forth the prescribed rules and regulations, including bag and
9898 23 possession limits and those counties of the State where open
9999 24 seasons are established, to be published in accordance with
100100 25 Sections 1.3 and 1.13 of this Act.
101101 26 The Department may establish separate harvest periods for
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112112 1 the purpose of managing or eradicating disease that has been
113113 2 found in the deer herd. This season shall be restricted to gun
114114 3 or bow and arrow hunting only. The Department shall publicly
115115 4 announce, via statewide news release, the season dates and
116116 5 shooting hours, the counties and sites open to hunting.
117117 6 The Department is authorized to establish a separate
118118 7 harvest period at specific sites within the State for the
119119 8 purpose of harvesting surplus deer that cannot be taken during
120120 9 the regular season provided for the taking of deer. This
121121 10 season shall be restricted to gun or bow and arrow hunting only
122122 11 and shall be established during the period of September 1st to
123123 12 February 15th, both inclusive. The Department shall publicly
124124 13 announce, via statewide news release, the season dates and
125125 14 shooting hours, and the counties and sites open to hunting.
126126 15 The Department shall publish suitable prescribed rules and
127127 16 regulations established by administrative rule pertaining to
128128 17 management restrictions applicable to this special harvest
129129 18 program. The Department shall allow unused gun deer permits
130130 19 that are left over from a regular season for the taking of deer
131131 20 to be rolled over and used during any separate harvest period
132132 21 held within 6 months of the season for which those tags were
133133 22 issued at no additional cost to the permit holder subject to
134134 23 the management restrictions applicable to the special harvest
135135 24 program.
136136 25 Beginning July 1, 2019, and on an annual basis thereafter,
137137 26 the Department shall provide a report to the General Assembly
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148148 1 providing information regarding deer management programs
149149 2 established by the Code or by administrative rule that
150150 3 includes: (1) the number of surplus deer taken during each
151151 4 separate harvest season; (2) the number of deer found to have a
152152 5 communicable disease or other abnormality; and (3) what
153153 6 happens to the deer taken during each separate harvest season.
154154 7 (Source: P.A. 101-66, eff. 7-12-19; 102-314, eff. 1-1-22;
155155 8 102-932, eff. 1-1-23.)
156156 9 (520 ILCS 5/2.33)
157157 10 Sec. 2.33. Prohibitions.
158158 11 (a) It is unlawful to carry or possess any gun in any State
159159 12 refuge unless otherwise permitted by administrative rule.
160160 13 (b) It is unlawful to use or possess any snare or
161161 14 snare-like device, deadfall, net, or pit trap to take any
162162 15 species, except that snares not powered by springs or other
163163 16 mechanical devices may be used to trap fur-bearing mammals, in
164164 17 water sets only, if at least one-half of the snare noose is
165165 18 located underwater at all times.
166166 19 (c) It is unlawful for any person at any time to take a
167167 20 wild mammal protected by this Act from its den by means of any
168168 21 mechanical device, spade, or digging device or to use smoke or
169169 22 other gases to dislodge or remove such mammal except as
170170 23 provided in Section 2.37.
171171 24 (d) It is unlawful to use a ferret or any other small
172172 25 mammal which is used in the same or similar manner for which
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183183 1 ferrets are used for the purpose of frightening or driving any
184184 2 mammals from their dens or hiding places.
185185 3 (e) (Blank).
186186 4 (f) It is unlawful to use spears, gigs, hooks, or any like
187187 5 device to take any species protected by this Act.
188188 6 (g) It is unlawful to use poisons, chemicals, or
189189 7 explosives for the purpose of taking any species protected by
190190 8 this Act.
191191 9 (h) It is unlawful to hunt adjacent to or near any peat,
192192 10 grass, brush, or other inflammable substance when it is
193193 11 burning.
194194 12 (i) It is unlawful to take, pursue or intentionally harass
195195 13 or disturb in any manner any wild birds or mammals by use or
196196 14 aid of any vehicle, conveyance, or unmanned aircraft as
197197 15 defined by the Illinois Aeronautics Act, except as permitted
198198 16 by the Code of Federal Regulations for the taking of
199199 17 waterfowl; except that nothing in this subsection shall
200200 18 prohibit the use of unmanned aircraft in the inspection of a
201201 19 public utility facility, tower, or structure or a mobile
202202 20 service facility, tower, or structure by a public utility, as
203203 21 defined in Section 3-105 of the Public Utilities Act, or a
204204 22 provider of mobile services as defined in Section 153 of Title
205205 23 47 of the United States Code. It is also unlawful to use the
206206 24 lights of any vehicle or conveyance, any light connected to
207207 25 any vehicle or conveyance, or any other lighting device or
208208 26 mechanism from inside or on a vehicle or conveyance in any area
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219219 1 where wildlife may be found except in accordance with Section
220220 2 2.37 of this Act; however, nothing in this Section shall
221221 3 prohibit the normal use of headlamps for the purpose of
222222 4 driving upon a roadway. For purposes of this Section, any
223223 5 other lighting device or mechanism shall include, but not be
224224 6 limited to, any device that uses infrared or other light not
225225 7 visible to the naked eye, electronic image intensification,
226226 8 active illumination, thermal imaging, or night vision. Striped
227227 9 skunk, opossum, red fox, gray fox, raccoon, bobcat, and coyote
228228 10 may be taken during the open season by use of a small light
229229 11 which is worn on the body or hand-held by a person on foot and
230230 12 not in any vehicle.
231231 13 (j) It is unlawful to use any shotgun larger than 10 gauge
232232 14 while taking or attempting to take any of the species
233233 15 protected by this Act.
234234 16 (k) It is unlawful to use or possess in the field any
235235 17 shotgun shell loaded with a shot size larger than lead BB or
236236 18 steel T (.20 diameter) when taking or attempting to take any
237237 19 species of wild game mammals (excluding white-tailed deer),
238238 20 wild game birds, migratory waterfowl or migratory game birds
239239 21 protected by this Act, except white-tailed deer as provided
240240 22 for in Section 2.26 and other species as provided for by
241241 23 subsection (l) or administrative rule.
242242 24 (l) It is unlawful to take any species of wild game, except
243243 25 white-tailed deer and fur-bearing mammals, with a shotgun
244244 26 loaded with slugs unless otherwise provided for by
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255255 1 administrative rule.
256256 2 (m) It is unlawful to use any shotgun capable of holding
257257 3 more than 3 shells in the magazine or chamber combined, except
258258 4 on game breeding and hunting preserve areas licensed under
259259 5 Section 3.27 and except as permitted by the Code of Federal
260260 6 Regulations for the taking of waterfowl. If the shotgun is
261261 7 capable of holding more than 3 shells, it shall, while being
262262 8 used on an area other than a game breeding and shooting
263263 9 preserve area licensed pursuant to Section 3.27, be fitted
264264 10 with a one-piece one piece plug that is irremovable without
265265 11 dismantling the shotgun or otherwise altered to render it
266266 12 incapable of holding more than 3 shells in the magazine and
267267 13 chamber, combined.
268268 14 (n) It is unlawful for any person, except persons who
269269 15 possess a permit to hunt from a vehicle as provided in this
270270 16 Section and persons otherwise permitted by law, to have or
271271 17 carry any gun in or on any vehicle, conveyance, or aircraft,
272272 18 unless such gun is unloaded and enclosed in a case, except that
273273 19 at field trials authorized by Section 2.34 of this Act,
274274 20 unloaded guns or guns loaded with blank cartridges only, may
275275 21 be carried on horseback while not contained in a case, or to
276276 22 have or carry any bow or arrow device in or on any vehicle
277277 23 unless such bow or arrow device is unstrung or enclosed in a
278278 24 case, or otherwise made inoperable unless in accordance with
279279 25 the Firearm Concealed Carry Act.
280280 26 (o) (Blank).
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291291 1 (p) It is unlawful to take game birds, migratory game
292292 2 birds or migratory waterfowl with a rifle, pistol, revolver,
293293 3 or air rifle.
294294 4 (q) It is unlawful to fire a rifle, pistol, revolver, or
295295 5 air rifle on, over, or into any waters of this State, including
296296 6 frozen waters.
297297 7 (r) It is unlawful to discharge any gun or bow and arrow
298298 8 device along, upon, across, or from any public right-of-way or
299299 9 highway in this State.
300300 10 (s) It is unlawful to use a silencer or other device to
301301 11 muffle or mute the sound of the explosion or report resulting
302302 12 from the firing of any gun.
303303 13 (t) It is unlawful for any person to take or attempt to
304304 14 take any species of wildlife or parts thereof, or allow a dog
305305 15 to hunt, within or upon the land of another, or upon waters
306306 16 flowing over or standing on the land of another, or to
307307 17 knowingly shoot a gun or bow and arrow device at any wildlife
308308 18 physically on or flying over the property of another without
309309 19 first obtaining permission from the owner or the owner's
310310 20 designee. For the purposes of this Section, the owner's
311311 21 designee means anyone who the owner designates in a written
312312 22 authorization and the authorization must contain (i) the legal
313313 23 or common description of property for which such authority is
314314 24 given, (ii) the extent that the owner's designee is authorized
315315 25 to make decisions regarding who is allowed to take or attempt
316316 26 to take any species of wildlife or parts thereof, and (iii) the
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327327 1 owner's notarized signature. Before enforcing this Section,
328328 2 the law enforcement officer must have received notice from the
329329 3 owner or the owner's designee of a violation of this Section.
330330 4 Statements made to the law enforcement officer regarding this
331331 5 notice shall not be rendered inadmissible by the hearsay rule
332332 6 when offered for the purpose of showing the required notice.
333333 7 (u) It is unlawful for any person to discharge any firearm
334334 8 for the purpose of taking any of the species protected by this
335335 9 Act, or hunt with gun or dog, or allow a dog to hunt, within
336336 10 300 yards of an inhabited dwelling without first obtaining
337337 11 permission from the owner or tenant, except that while
338338 12 trapping, hunting with bow and arrow, hunting with dog and
339339 13 shotgun using shot shells only, or hunting with shotgun using
340340 14 shot shells only, or providing outfitting services under a
341341 15 waterfowl outfitter permit, or on licensed game breeding and
342342 16 hunting preserve areas, as defined in Section 3.27, on
343343 17 federally owned and managed lands and on Department owned,
344344 18 managed, leased, or controlled lands, a 100 yard restriction
345345 19 shall apply.
346346 20 (v) It is unlawful for any person to remove fur-bearing
347347 21 mammals from, or to move or disturb in any manner, the traps
348348 22 owned by another person without written authorization of the
349349 23 owner to do so.
350350 24 (w) It is unlawful for any owner of a dog to allow his or
351351 25 her dog to pursue, harass, or kill deer, except that nothing in
352352 26 this Section shall prohibit the tracking of wounded deer with
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363363 1 a dog in accordance with the provisions of Section 2.26 of this
364364 2 Code.
365365 3 (x) It is unlawful for any person to wantonly or
366366 4 carelessly injure or destroy, in any manner whatsoever, any
367367 5 real or personal property on the land of another while engaged
368368 6 in hunting or trapping thereon.
369369 7 (y) It is unlawful to hunt wild game protected by this Act
370370 8 between one-half one half hour after sunset and one-half one
371371 9 half hour before sunrise, except that hunting hours between
372372 10 one-half one half hour after sunset and one-half one half hour
373373 11 before sunrise may be established by administrative rule for
374374 12 fur-bearing mammals.
375375 13 (z) It is unlawful to take any game bird (excluding wild
376376 14 turkeys and crippled pheasants not capable of normal flight
377377 15 and otherwise irretrievable) protected by this Act when not
378378 16 flying. Nothing in this Section shall prohibit a person from
379379 17 carrying an uncased, unloaded shotgun in a boat, while in
380380 18 pursuit of a crippled migratory waterfowl that is incapable of
381381 19 normal flight, for the purpose of attempting to reduce the
382382 20 migratory waterfowl to possession, provided that the attempt
383383 21 is made immediately upon downing the migratory waterfowl and
384384 22 is done within 400 yards of the blind from which the migratory
385385 23 waterfowl was downed. This exception shall apply only to
386386 24 migratory game birds that are not capable of normal flight.
387387 25 Migratory waterfowl that are crippled may be taken only with a
388388 26 shotgun as regulated by subsection (j) of this Section using
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399399 1 shotgun shells as regulated in subsection (k) of this Section.
400400 2 (aa) It is unlawful to use or possess any device that may
401401 3 be used for tree climbing or cutting, while hunting
402402 4 fur-bearing mammals, excluding coyotes. However, coyotes may
403403 5 not be hunted utilizing these devices during open season for
404404 6 deer except by properly licensed deer hunters.
405405 7 (bb) It is unlawful for any person, except licensed game
406406 8 breeders, pursuant to Section 2.29 to import, carry into, or
407407 9 possess alive in this State any species of wildlife taken
408408 10 outside of this State, without obtaining permission to do so
409409 11 from the Director.
410410 12 (cc) It is unlawful for any person to have in his or her
411411 13 possession any freshly killed species protected by this Act
412412 14 during the season closed for taking.
413413 15 (dd) It is unlawful to take any species protected by this
414414 16 Act and retain it alive except as provided by administrative
415415 17 rule.
416416 18 (ee) It is unlawful to possess any rifle while in the field
417417 19 during gun deer season except as provided in Sections 2.25 and
418418 20 2.26 and administrative rules.
419419 21 (ff) It is unlawful for any person to take any species
420420 22 protected by this Act, except migratory waterfowl, during the
421421 23 gun deer hunting season in those counties open to gun deer
422422 24 hunting, unless he or she wears, when in the field, a cap and
423423 25 upper outer garment of a solid blaze orange color or solid
424424 26 blaze pink color, with such articles of clothing displaying a
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435435 1 minimum of 400 square inches of blaze orange or solid blaze
436436 2 pink color material.
437437 3 (gg) It is unlawful during the upland game season for any
438438 4 person to take upland game with a firearm unless he or she
439439 5 wears, while in the field, a cap of solid blaze orange color or
440440 6 solid blaze pink color. For purposes of this Act, upland game
441441 7 is defined as Bobwhite Quail, Hungarian Partridge, Ring-necked
442442 8 Pheasant, Eastern Cottontail, and Swamp Rabbit.
443443 9 (hh) It shall be unlawful to kill or cripple any species
444444 10 protected by this Act for which there is a bag limit without
445445 11 making a reasonable effort to retrieve such species and
446446 12 include such in the bag limit. It shall be unlawful for any
447447 13 person having control over harvested game mammals, game birds,
448448 14 or migratory game birds for which there is a bag limit to
449449 15 wantonly waste or destroy the usable meat of the game, except
450450 16 this shall not apply to wildlife taken under Sections 2.37 or
451451 17 3.22 of this Code. For purposes of this subsection, "usable
452452 18 meat" means the breast meat of a game bird or migratory game
453453 19 bird and the hind ham and front shoulders of a game mammal. It
454454 20 shall be unlawful for any person to place, leave, dump, or
455455 21 abandon a wildlife carcass or parts of it along or upon a
456456 22 public right-of-way or highway or on public or private
457457 23 property, including a waterway or stream, without the
458458 24 permission of the owner or tenant. It shall not be unlawful to
459459 25 discard game meat that is determined to be unfit for human
460460 26 consumption.
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471471 1 (ii) This Section shall apply only to those species
472472 2 protected by this Act taken within the State. Any species or
473473 3 any parts thereof, legally taken in and transported from other
474474 4 states or countries, may be possessed within the State, except
475475 5 as provided in this Section and Sections 2.35, 2.36, and 3.21.
476476 6 (jj) (Blank).
477477 7 (kk) Nothing contained in this Section shall prohibit the
478478 8 Director from issuing permits to paraplegics or to other
479479 9 persons with disabilities who meet the requirements set forth
480480 10 in administrative rule to shoot or hunt from a vehicle as
481481 11 provided by that rule, provided that such is otherwise in
482482 12 accord with this Act.
483483 13 (ll) Nothing contained in this Act shall prohibit the
484484 14 taking of aquatic life protected by the Fish and Aquatic Life
485485 15 Code or birds and mammals protected by this Act, except deer
486486 16 and fur-bearing mammals, from a boat not camouflaged or
487487 17 disguised to alter its identity or to further provide a place
488488 18 of concealment and not propelled by sail or mechanical power.
489489 19 However, only shotguns not larger than 10 gauge nor smaller
490490 20 than .410 bore loaded with not more than 3 shells of a shot
491491 21 size no larger than lead BB or steel T (.20 diameter) may be
492492 22 used to take species protected by this Act.
493493 23 (mm) Nothing contained in this Act shall prohibit the use
494494 24 of a shotgun, not larger than 10 gauge nor smaller than a 20
495495 25 gauge, with a rifled barrel.
496496 26 (nn) It shall be unlawful to possess any species of
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507507 1 wildlife or wildlife parts taken unlawfully in Illinois, any
508508 2 other state, or any other country, whether or not the wildlife
509509 3 or wildlife parts are is indigenous to Illinois. For the
510510 4 purposes of this subsection, the statute of limitations for
511511 5 unlawful possession of wildlife or wildlife parts shall not
512512 6 cease until 2 years after the possession has permanently
513513 7 ended.
514514 8 (oo) It is unlawful while deer hunting to possess or be in
515515 9 close proximity to a rifle that is not a centerfire wildlife
516516 10 rifle. :
517517 11 (1) to possess or be in close proximity to a rifle that
518518 12 is not centerfire; or
519519 13 (2) be in possession of or in close proximity to a
520520 14 magazine that is capable of making a rifle not a single
521521 15 shot.
522522 16 (Source: P.A. 102-237, eff. 1-1-22; 102-837, eff. 5-13-22;
523523 17 102-932, eff. 1-1-23; revised 12-14-22.)
524524 18 (520 ILCS 5/1.2bb rep.)
525525 19 Section 10. The Wildlife Code is amended by repealing
526526 20 Section 1.2bb.
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