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O-88-65ORDINANCE NO. 0 -88 -65 AN ORDINANCE AMENDING ARTICLE 7 OF CHAPTER 15 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD WHEREAS, the Village of Deerfield is a home rule unit within the meaning of the Illinois Constitution of 1970; and WHEREAS, the Village of Deerfield, as a home rule unit, may exercise any reasonable function pertaining to its government and affairs; 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 manufacture and sale of handguns; and WHEREAS, the Corporate Authorities of the Village of Deerfield have found and determined that the convenient availability of handguns has increased the potentiality of handgun related deaths and injuries. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS; SECTION That Article 7, Chapter 15 of the Municipal Code of the Village of ONE: Deerfield of 1975, as amended, is hereby further amended by adding thereto the following: "Section 15.54A Manufacture and Sale of Handguns (a) Definitions: Antique Handgun. Any handgun which the Department of Law Enforcement of the State of Illinois finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector's item and is not likely to be used as a weapon. Business. A commercial enterprise operating within a non - residential zoning district. Dealer. Any person or firm engaged in the business of sale or exchange of handguns for profit. Handgun. Any firearm which (a) is designed or redesigned or made or remade, and intended to be fired while held in one hand or (b) having a barrel of less than 10 inches in length or (c) a firearm of a size which may be concealed upon the person, excluding: (i) Any pneumatic gun, spring gun or B -B gun which expels a single globular projectile not exceeding .22 inches in diameter. (ii) Any device used exclusively for signalling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission. ORDINANCE NO. 0 -88 -65 AN ORDINANCE AMENDING ARTICLE 7 OF CHAPTER 15 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD (iii) Any device used exclusively for the firing of stud cartridges, explosive rivets or similar industrial ammunition. (iv) Antique handguns. Manufacturer. Any person engaged in the business of processing, producing or fabricating material into a handgun. Sale. The transfer of possession or ownership of a handgun by dealer. (b) Manufacturers and Dealers Prohibited: No business shall engage in the manufacture or sale of handguns in the Village of Deerfield, Illinois. (c) Penalty: (i) Any person violating this Ordinance shall be guilty of a misdemeanor and shall be fined not less than $100.00 nor more than $500.00 or incarcerated for up to six months for each offense. (d) Construction: Nothing in this Section shall be construed or applied to necessarily require or excuse noncompliance with any provision of the laws State of Illinois or to the laws of the United States. This Ordinance and the penalties proscribed for violation hereof, shall not supersede, but shall supplement all statutes of the State of Illinois or of the United States in which similar conduct may be prohibited or regulated." SECTION All Ordinances or parts of Ordinances in conflict herewith are hereby TWO: repealed. SECTION That this Ordinance shall be in full force and effect from and after THREE: its passage, approval and publication, as provided by law. AYES: MAROVITZ, MARTY, ROSENTHAL, YORK (4) NAYS: SEIDMAN, SWANSON (2) ABSENT: NONE (0) PASSED this 7th day of Nnvamhar , A.D. 1988. APPROVED this 7th day of Nnvemhar , A.D. 1988. VILLAGE PRESIDENT ATTEST: VILLAGE CLERK