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2005 Illinois Code - 225 ILCS 210/      Illinois Explosives Act. Article 1 - Scope And Definitions


      (225 ILCS 210/Art. 1 heading)
ARTICLE 1. SCOPE AND DEFINITIONS

    (225 ILCS 210/1001) (from Ch. 96 1/2, par. 1‑1001)
    Sec. 1001. Short Title. This Act shall be known and may be cited as the Illinois Explosives Act.
(Source: P.A. 86‑364.)

    (225 ILCS 210/1002) (from Ch. 96 1/2, par. 1‑1002)
    Sec. 1002. Legislative Declaration. It is hereby declared to be the policy of this State that safety and security are primary considerations in the storage, use, acquisition, possession, disposal and transfer of explosive materials.
    An appropriate and thorough system of licensing and certification is necessary to promote these considerations by assuring that these products are handled only by qualified persons.
(Source: P.A. 86‑364.)

    (225 ILCS 210/1003) (from Ch. 96 1/2, par. 1‑1003)
    Sec. 1003. Definitions. As used in this Act:
    (a) "Person" means any individual, corporation, company, association, partnership, or other legal entity.
    (b) "Explosive materials" means explosives, blasting agents, and detonators.
    (c) "Explosive" means any chemical compound, mixture or device, the primary or common purpose of which is to function by explosion and includes high or low explosives. Manufactured articles, including, but not limited to, fixed ammunition for small arms, fire crackers, safety fuses, and matches are not explosives when the individual units contain explosives in such limited quantity and of such nature or in such packing that it is impossible to produce a simultaneous or a destructive explosion of such units which would be injurious to life, limb or property.
    (d) "Blasting agent" means any material or mixture consisting of a fuel and oxidizer intended for blasting, not otherwise defined as an explosive, provided that the finished product, as mixed and packaged for use or shipment, cannot be detonated by means of a No. 8 blasting cap, as defined by the Bureau of Alcohol, Tobacco and Firearms, U.S. Department of Treasury, when unconfined.
    (e) "Detonator" means any device containing any initiating or primary explosive that is used for initiating detonation. A detonator may not contain more than 10 grams of total explosives by weight, excluding ignition or delay charges.
    (f) "Highway" means any public street, public highway, or public alley.
    (g) "Railroad" or "railway" means any public steam, electric or other railroad or rail system which carries passengers for hire, but shall not include auxiliary tracks, spurs and sidings installed and primarily used in serving any mine, quarry or plant.
    (h) "Building" means and includes any building regularly occupied, in whole or in part, as a habitation for human beings, and any church, schoolhouse, railway station or other building where people are accustomed to assemble, but does not mean or include any buildings of a mine or quarry or any of the buildings of a manufacturing plant where the business of manufacturing explosive materials is conducted.
    (i) "Factory building" means any building or other structure in which the manufacture or any part of the manufacture of explosive materials is conducted.
    (j) "Magazine" means any building or other structure or container, other than a factory building, used to store explosive materials. Where mobile or portable type 5 magazines are permissible and used, "magazine", for the purpose of obtaining certificates and calculating fees, means the site on which such magazines are located.
    (k) "Magazine keeper" means a qualified supervisory person responsible for the inventory and safe storage of explosive materials, including the proper maintenance of explosive materials, storage magazines and surrounding areas.
    (l) "Black powder" means a deflagrating or low explosive compound of an intimate mixture of sulfur, charcoal and an alkali nitrate, usually potassium or sodium nitrate.
    (m) "Municipality" includes cities, villages, and incorporated towns and townships.
    (n) "Fugitive from justice" means any individual who has fled from the jurisdiction of any court of record to avoid prosecution for any crime or to avoid giving testimony in any criminal proceeding. This term shall also include any individual who has been convicted of any crime and has fled to avoid imprisonment.
    (o) "Department" means the Department of Natural Resources.
    (p) "Small arms" means guns of 50 calibers or less.
    (q) "Director" means the Director of Natural Resources.
    (r) "Storage certificate" means the certificate issued by the Department under Article 3 of this Act that authorizes the holder to store explosive materials in the magazine for which the certificate is issued.
    (s) "License" means that license issued by the Department under Article 2 of this Act authorizing the holder to possess, use, purchase, transfer or dispose of, but not to store, explosive materials.
(Source: P.A. 88‑599, eff. 9‑1‑94; 89‑445, eff. 2‑7‑96.)

    (225 ILCS 210/1004) (from Ch. 96 1/2, par. 1‑1004)
    Sec. 1004. Scope. This Act is intended to supplement the requirements of any federal or State laws and regulations and shall apply to all acquisition, storage, use, possession, transfer and disposal of explosive materials, except as provided in this Section.
    (a) The licensing provisions of Article 2 do not apply to:
        (1) agricultural fertilizers which might be of an
    
explosive nature when the use of such fertilizers is for agricultural or horticultural purposes;
        (2) a common or contract carrier authorized to carry
    
explosive material pursuant to the Interstate Commerce Act or by the Illinois Commerce Commission;
        (3) the purchase, receipt, possession or use, by an
    
individual, of primers or propellant power used in muzzle loading firearms, hand loading, reloading or custom loading ammunition for small arms for his own use or for that of his immediate family;
        (4) the possession or purchase from dealers,
    
importers or manufacturers by any person who holds a valid Illinois Firearm Owner's Identification Card of smokeless small arms propellant in quantities not to exceed 25 pounds, black powder not to exceed 5 pounds, and small arms primers or percussion caps for muzzle loading arms in containers provided by the manufacturer or containers generally recognized as being suitable for the transportation and storage, or commerce in these items at retail, or the transportation or use of the items by any such person in muzzle loading small arms, or in loading ammunition for small arms; or
        (5) The acquisition, possession, use, transfer or
    
disposal of explosive materials in connection with mine, quarry, construction, manufacturing or wholesale or retail dealership operations in the ordinary course of business provided that (A) the operator has obtained a storage certificate from the Department in accordance with Article 3 of this Act, (B) the acquisition, possession, use, transfer or disposal of explosive materials is limited to the operator's business operations, and (C) the person or persons designated as "magazine keeper" satisfy the licensure requirements, other than an examination, of Article 2 of this Act.
    (b) The storage requirements of Article 3 shall not apply to black powder in quantities not to exceed 5 pounds or smokeless powder explosives in quantities not to exceed 25 pounds, however:
        (1) all black powder and smokeless powder shall be
    
stored in shipping containers as required by regulations of the U.S. Department of Transportation, except as hereinafter provided;
        (2) black powder in quantities not to exceed 5
    
pounds and smokeless powder in quantities not to exceed 25 pounds intended for personal use may be stored in original containers in a locked wooden box or cabinet having walls of at least one inch nominal thickness; and
        (3) black powder in quantities exceeding 5 pounds
    
shall be stored in magazines constructed and located as specified in this Act and no black powder or smokeless powder shall be commercially displayed.
    (c) Notwithstanding the requirements of Articles 2 and 3, a person licensed as a manufacturer or dealer in explosive materials may sell, give or dispose of explosive materials to a non‑resident of Illinois who is duly licensed in the state of his residence. Possession and transportation within this State by such non‑residents shall conform to the laws of this State, except that the requirements of Section 2001, requiring a license to be issued by the Department, shall not apply.
(Source: P.A. 86‑364; 86‑1298; 87‑835.)

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