Substitute House Bill No. 7194 amends existing laws concerning the unlawful discharge of firearms by clarifying that such actions do not include the intentional discharge of a firearm for lawful self-defense or the defense of another person. The bill repeals Section 53-203 and replaces it with new language categorizing the unlawful discharge of a firearm as a class C misdemeanor, explicitly excluding self-defense situations from this classification. Additionally, it modifies Section 26-66 to ensure that regulations established by the Department of Energy and Environmental Protection (DEEP) cannot prohibit the intentional discharge of a firearm for self-defense or the defense of others. The bill is set to take effect on October 1, 2025.
Moreover, the bill clarifies the conditions under which deadly force may be used in self-defense, allowing it only when a person reasonably believes it is necessary to prevent imminent deadly physical harm. It introduces limitations on the use of deadly force, stating that it cannot be used if the individual can safely avoid the situation. The bill also maintains existing exceptions for justified use of physical force, such as when a person provokes an attack. Additionally, it grants the DEEP commissioner authority to establish regulations regarding hunting practices, including prohibitions on carrying loaded firearms and discharging firearms near buildings. The bill received unanimous support from the Judiciary Committee, indicating strong legislative backing for these changes.
Statutes affected: Raised Bill: 53-203, 26-66, 53-202w, 53-202d, 53-202f
JUD Joint Favorable Substitute: 53-203, 26-66
File No. 752: 53-203, 26-66