Tracer rounds at a glance
Tracer rounds are regular ammunition that have been manufactured to have a small amount of a flammable or pyrotechnic composition added onto the front tip of the bullet. This allows the shooter to see how the bullet is travelling through the air in the dark. They give off a bright light such as seen in military movies when the soldiers fire the rifles and you see those bright red lights follow the path of the bullets. Tracer rounds have several common uses. One is for training purposes, so soldiers can view how their ammunition travels at night . This kind of training can help the soldier learn how to better correct their aim in the dark. Another use is for aircraft to better track their targets from high altitudes where they are flying at night. There are different kinds of tracer bullets based on the types of guns they fire from. For example, tracer rounds made for AK-47 will have a different burning agent that must work with the ammo that is being fired from the gun to not immediately burn up after firing.
Overview of current Illinois law regarding tracer rounds
Enacting the Firearm Concealed Carry Act (ยง10/20) enumerates the prohibited areas where firearms may not be carried. The list of prohibited areas does not mention tracer rounds. Yet, there are concerns over whether even possessing tracer rounds in those same locations (where one cannot carry firearms) could be illegal.
At the time of this writing, there is no relevant case law addressing this. This does not mean one cannot be charged with a crime or face prosecution. It simply means that there is no case law that presently interprets the relevant laws as they relate to tracer rounds in Illinois.
The relevant statute is 720 ILCS 5/24-1 (5). 720 ILCS 5/24-1 (5) reads as follows:
(5) Tracer Ammunition.
(a) A person who carries or possesses any tracer ammunition commits a Class 3 felony. A person who uses tracer ammunition in the commission of a violation of subsection (a), (b), or (c) of Section 24-1.2 commits a violation of Section 24-1.2, and he or she is guilty of a Class X felony.
(b) A person who in committing a violation of subsection (a) or (b) of Section 24-1.6 uses tracer ammunition commits a violation of Section 24-1.6, and he or she is guilty of a Class X felony.
The anti-tracer law is Illinois’s attempt to ban armor piercing ammunition. Because, under the law, tracer rounds are treated as armor piercing ammunition, a person charged with a violation of the law would be charged with a class 3 felony. A class 3 felony is punishable by 2-5 years in prison.
What other things are considered armor piercing ammunition? Hollow point ammunition, incendiary ammunition, "bullet tips", armor piercing ammunition, etc. These types of ammunition in Illinois are illegal and prohibited for possession or use. They can also be manufactured or sold in Illinois.
Tracer rounds and federal law
Both federal regulations and Illinois state laws govern the use of tracer rounds, but they do so in different ways. The federal government has set regulations designed to ensure that tracer rounds are not accidentally used in situations where they could cause a fire. The Bureau of Alcohol Firearms, Tobacco, Firearms, and Explosive defines tracer ammunition as so: "A projectile containing a small pyrotechnic charge in asscociation with a noncombustible tracer composition, which burns after being fired and provides a visible or infrared path indicating the trajectory of the projectile." Such rounds are regulated under the National Firearms Act of 1934.
Essentially, Illinois state laws on tracer ammunition overlap in intent with federal regulations, but there are a couple notable exceptions. First, Illinois does not require special permits on tracer ammunition or limit where it can be purchased. In fact, Illinois gun shops sell tracer ammunition and rifle cartridges even with tracer bullets in them. There is no overarching law that indicates whether Illinois gun shops or gun owners must restrict tracer round use to specific shooting ranges or hunting grounds. Overall, there are greater restrictions on tracer rounds in other states. For example, getting a permit for each sale of tracer ammunition is required in California and Wisconsin. No such law is present in Illinois.
Penalties for the possession of tracer rounds
The penalties associated with illegal use of tracer rounds in Illinois are severe, taking into account how few charges get dismissed. To put it plainly: using tracer ammunition is a really dumb thing to do.
Pursuant to 720 ILCS 5/24-1.7, it is unlawful to use tracer rounds within 100 yards of a highway, railroad, or any other place where people are regularly present. A violation of this statute is a Class 4 Felony, which carries a penalty of a minimum of one (1) year in prison and a maximum of three (3) years in the Illinois Department of Corrections (IDOC) .
In addition, a violation of 720 ILCS 5/24-1.7(a) can result in civil forfeiture of the tracer cartridges and mandatory destruction in conjunction with an order to destroy the signature weapon. For example, if you shot the tracer rounds from a handgun, that weapon must be destroyed by personnel at the Illinois State Police (ISP). In some cases, this would include safes used to protect firearms from children.
Special circumstances and exemptions
There are a number of exemptions where tracer rounds may be legally acquired, possessed or used in Illinois. One exception is if they are used by the military during training. Under 625 ILCS 5/12-301, tracer rounds of large caliber ammunition containing at least 1/4 grain of phosphorus, calcium, magnesium or other flammable chemical compound, are permissible when used by military personnel on the firing range or other places that the military has expressly designated for training activities.
Federal law also permits tracer rounds. Specifically, federal law allows for tracer rounds that are classified as incendiary projectiles under 50 CFR Part 30, Subpart K. In general, any incendiary round that contains a high order explosive, such as TNT, is strictly prohibited. However, incendiary or tracer rounds which are classified as "low order explosive" are not considered to be non-explosive materials and are therefore permitted under federal law.
Tracer rounds in other states
Unlike Illinois law, many other states do not have specific statutory provisions concerning the sale or possession of tracer ammunition. For example, after a long legislative history, in 2009, Virginia enacted a law that prohibited both the manufacture and sale of tracer ammunition. While there is no criminal sanction, manufacturers or sellers can be held civilly liable for any injury or property damage caused by a tracer projectile for the purpose of recovery, damages, and other appropriate relief.
In Missouri, while no specific law addresses tracer ammunition, there are laws that restrict the manner in which any type of ammunition can be sold . Missouri law prohibits sales, use, and ownership of destroyers, grenades, bombs, missiles, and other explosive devices. Concerning tracer ammunition, Missouri law prohibits explosive projectiles that will ignite upon impact. However, unlike Illinois, there is no specific law that prohibits the manufacture, sale or possession of tracer ammunition.
There are no uniform laws regarding the possession or sale of tracer rounds. The applicability of any law will depend on the state-specific prohibitions so individuals should research their local statutes and consult local authorities when necessary.