97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3500

 

Introduced 2/24/2011, by Rep. Richard Morthland

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/13.1  from Ch. 38, par. 83-13.1

    Amends the Firearm Owners Identification Card Act. Provides that the regulation of the acquisition, possession, transportation, storage, purchase, selling, and dealing in rifles and shotguns legally purchased or possessed under federal and State law and their ammunition, components, accessories, and accoutrements is an exclusive State power and function and may not be exercised by units of local government, including home rule units. Provides that the regulation by units of local government, including home rule units, of gun shows and firearm sales to gun club members is limited to imposing licensing fees and occupation and use taxes that are the same for other sporting goods businesses.


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FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 1961 is amended by
5changing Section 13.1 as follows:
 
6    (430 ILCS 65/13.1)   (from Ch. 38, par. 83-13.1)
7    Sec. 13.1. Local regulation.
8    (a) The provisions of any ordinance enacted by any
9municipality which requires registration or imposes greater
10restrictions or limitations on the acquisition, possession and
11transfer of firearms, other than rifles and shotguns legally
12purchased or possessed under federal and State law, than are
13imposed by this Act, are not invalidated or affected by this
14Act.
15    (b) A unit of local government, including a home rule unit,
16may not regulate the acquisition, possession, transportation,
17storage, purchase, selling, or otherwise dealing in rifles and
18shotguns legally purchased or possessed under federal and State
19law and may not regulate ammunition, components, accessories,
20or accoutrements of rifles and shotguns. It is declared to be
21the public policy of this State that regulation of the
22acquisition, possession, transportation, storage, purchase,
23selling, or otherwise dealing in rifles and shotguns legally

 

 

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1purchased or possessed under federal and State law and the
2regulation of ammunition, components, accessories, or
3accoutrements of rifles and shotguns is an exclusive State
4power or function. Such power or function shall not be
5exercised concurrently, either directly or indirectly by any
6unit of local government, including home rule units. This
7subsection (b) is a denial and limitation of home rule powers
8and functions under subsection (h) of Section 6 of Article VII
9of the Illinois Constitution.
10    (c) A firearm dealer or gun show that operates his, her, or
11its business in compliance with federal and State law is
12entitled to acquire, possess, transport, store, purchase,
13sell, or otherwise deal in rifles and shotguns legally
14purchased or possessed under federal or State law in any one or
15more of the following ways: as a seller of firearms only to
16members of an organized gun club of which the seller is a
17member, at gun shows regulated by the Illinois Department of
18State Police, or in suitable business districts anywhere in
19this State; and no unit of local government, including a home
20rule unit, may limit, abridge, or deny that right, except to
21impose license fees and occupation and use taxes that are the
22same as for other sporting goods businesses. This subsection
23(c) is a limitation under subsection (h) of Section 6 of
24Article VII of the Illinois Constitution on the exercise by
25home rule units of powers and functions exclusively exercised
26by the State with respect to rifles and shotguns.

 

 

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1(Source: P.A. 76-1939.)