Sec. 11-5.1-2. Military equipment surplus program.

341 words·~2 min read·/il/chapter-65/act-5/11-5-1-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)For purposes of this Section:

"Bayonet" means large knives designed to be attached to the muzzle of a rifle, shotgun, or long gun for the purposes of hand-to-hand combat.

"Grenade launcher" means a firearm or firearm accessory used to launch fragmentary explosive rounds designed to inflict death or cause great bodily harm.

"Military equipment surplus program" means any federal or state program allowing a law enforcement agency to obtain surplus military equipment, including, but not limited to, any program organized under Section 1122 of the National Defense Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or Section 1033 of the National Defense Authorization Act for Fiscal Year 1997 (Pub. L. 104-201) or any program established by the United States Department of Defense under 10 U.S.C. 2576a.

"Tracked armored vehicle" means a vehicle that provides ballistic protection to its occupants and utilizes a tracked system instead of wheels for forward motion not including vehicles listed in the Authorized Equipment List as published by the Federal Emergency Management Agency.

"Weaponized aircraft, vessels, or vehicles" means any aircraft, vessel, or vehicle with weapons installed.

(b)A police department shall not request or receive from any military equipment surplus program nor purchase or otherwise utilize the following equipment:

(1)tracked armored vehicles;

(2)weaponized aircraft, vessels, or vehicles;

(3)firearms of .50-caliber or higher;

(4)ammunition of .50-caliber or higher;

(5)grenade launchers, grenades, or similar explosives; or

(6)bayonets.

(c)A home rule municipality may not regulate the acquisition of equipment in a manner inconsistent with this Section. This Section is a limitation under subsection

(i)of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule municipalities of powers and functions exercised by the State.

(d)If a police department requests other property not prohibited from a military equipment surplus program, the police department shall publish notice of the request on a publicly accessible website maintained by the police department or the municipality within 14 days after the request.