98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2831

 

Introduced , by Rep. Edward J. Acevedo

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-1.9 new
720 ILCS 5/24-1.10 new

    Amends the Criminal Code of 2012. Makes it unlawful to deliver, sell, or purchase or cause to be delivered, sold, or purchased or cause to be possessed by another, an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge. Makes it unlawful for any person to knowingly possess an assault weapon, .50 caliber rifle, or .50 caliber cartridge 300 days after the effective date of this amendatory Act, except possession of weapons registered with the State Police in the time provided. Provides exemptions and penalties. Prohibits delivery, sale, purchase or possession of large capacity ammunition feeding devices. Provides exemptions and penalties. Effective immediately.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by adding
5Sections 24-1.9 and 24-1.10 as follows:
 
6    (720 ILCS 5/24-1.9 new)
7    Sec. 24-1.9. Possession, delivery, sale, and purchase of
8assault weapons, .50 caliber rifles, and .50 caliber
9cartridges.
10    (a) Definitions. As used in this Section:
11        (1) "Assault weapon" means:
12            (A) any rifle which has a belt fed ammunition
13        system or which has a detachable magazine capable of
14        holding more than 10 rounds of ammunition;
15            (B) a semi-automatic rifle that has the ability to
16        accept a detachable magazine and has any of the
17        following:
18                (i) a folding or telescoping stock; or
19                (ii) a shroud that is attached to, or partially
20            or completely encircles the barrel, and that
21            permits the shooter to hold the firearm with the
22            non-trigger hand without being burned;
23            (C) a semi-automatic pistol that has the ability to

 

 

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1        accept a detachable magazine and has any of the
2        following:
3                (i) a folding or telescoping stock;
4                (ii) a shroud that is attached to, or partially
5            or completely encircles the barrel, and that
6            permits the shooter to hold the firearm with the
7            non-trigger hand without being burned; or
8                (iii) a manufactured weight of 50 ounces or
9            more when the pistol is unloaded.
10            (D) a semi-automatic rifle with a fixed magazine
11        that has the capacity to accept more than 10 rounds of
12        ammunition;
13            (E) a semi-automatic shotgun that has:
14                (i) a folding or telescoping stock; and
15                (ii) contains its ammunition in a revolving
16            cylinder; or
17                (iii) a fixed magazine capacity in excess of 5
18            rounds of ammunition, except as may be authorized
19            under the Wildlife Code and excluding magazine
20            extensions during the snow geese conservation
21            order season; or
22                (iv) an ability to accept a detachable
23            magazine of more than 5 rounds of ammunition.
24            "Assault weapon" does not include:
25            (A) any firearm that:
26                (i) is manually operated by bolt, pump, lever,

 

 

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1            or slide action;
2                (ii) is an unserviceable firearm or has been
3            made permanently inoperable;
4                (iii) is an antique firearm;
5                (iv) uses rimfire ammunition or cartridges; or
6                (iv) has been excluded as an assault weapon in
7            a Department of Natural Resources rule. The
8            Department of Natural Resources shall have the
9            authority to adopt rules to further define
10            exclusions of assault weapon types under this
11            Section, provided the make, model, and caliber of
12            the firearm excluded has a viable application to
13            hunting game and conforms to accepted hunting
14            principles of fair chase.
15            (B) any air rifle as defined in Section 24.8-0.1 of
16        this Code.
17    For the purposes of this Section, a firearm is considered
18to have the ability to accept a detachable magazine unless the
19magazine or ammunition feeding device can only be removed
20through disassembly of the firearm action.
21        (2) "Assault weapon attachment" means any device
22    capable of being attached to a firearm that is specifically
23    designed for making or converting a firearm into any of the
24    firearms listed in paragraph (1) of this subsection (a).
25        (3) "Antique firearm" has the meaning ascribed to it in
26    18 U.S.C. 921 (a)(16).

 

 

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1        (4) ".50 caliber rifle" means a centerfire rifle
2    capable of firing a .50 caliber cartridge. The term does
3    not include any antique firearm, any shotgun including a
4    shotgun that has a rifle barrel, or any muzzle-loader which
5    uses black powder for hunting or historical re-enactments.
6        (5) ".50 caliber cartridge" means a cartridge in .50
7    BMG caliber, either by designation or actual measurement,
8    that is capable of being fired from a centerfire rifle. The
9    term ".50 caliber cartridge" does not include any
10    memorabilia or display item that is filled with a permanent
11    inert substance or that is otherwise permanently altered in
12    a manner that prevents ready modification for use as live
13    ammunition or shotgun ammunition with a caliber
14    measurement that is equal to or greater than .50 caliber.
15        (6) "Locking mechanism" means secured by a device or
16    mechanism, other than the firearm safety, designed to
17    render a firearm temporarily inoperable; or a box or
18    container capable of containing the firearm and that can be
19    securely locked.
20    (b) The Department of State Police shall take all steps
21necessary to carry out the requirements of this Section within
22180 days after the effective date of this amendatory Act of the
2398th General Assembly.
24    (c) Except as provided in subsections (d), (e), (f), and
25(h) of this Section, on or after the effective date of this
26amendatory Act of the 98th General Assembly, it is unlawful for

 

 

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1any person within this State to knowingly deliver, sell, or
2purchase or cause to be delivered, sold, or purchased or cause
3to be possessed by another, an assault weapon, assault weapon
4attachment, .50 caliber rifle, or .50 caliber cartridge.
5    (d) Except as otherwise provided in subsections (e), (f),
6and (h) of this Section, 300 days after the effective date of
7this amendatory Act of the 98th General Assembly, it is
8unlawful for any person within this State to knowingly possess
9an assault weapon, .50 caliber rifle, or .50 caliber cartridge.
10    (e) This Section does not apply to a person who possessed
11an assault weapon or .50 caliber rifle prohibited by subsection
12(d) of this Section before the effective date of this
13amendatory Act of the 98th General Assembly, provided the
14person has provided in a registration affidavit, under oath or
15affirmation and in the form and manner prescribed by the
16Department of State Police on or after 180 days after the
17effective date of this amendatory Act of the 98th General
18Assembly but within 300 days after the effective date of this
19amendatory Act of the 98th General Assembly:
20        (1) his or her name;
21        (2) date of birth;
22        (3) Firearm Owner's Identification Card number;
23        (4) the make, model, caliber, and serial number of the
24    weapon; and
25        (5) proof of a locking mechanism that properly fits the
26    weapon. The affidavit shall include a statement that the

 

 

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1    weapon is owned by the person submitting the affidavit and
2    that he or she owns a locking mechanism for the weapon.
3    The affidavit form shall include the following statement
4printed in bold type: "Warning: Entering false information on
5this form is punishable as perjury under Section 32-2 of the
6Criminal Code of 2012."
7    Beginning 300 days after the effective date of this
8amendatory Act of the 98th General Assembly, the person may
9transfer the assault weapon or .50 caliber rifle only to an
10heir, an individual residing in another state maintaining it in
11another state, or a dealer licensed as a federal firearms
12dealer under Section 923 of the federal Gun Control Act of
131968. Within 10 days after transfer of the weapon except to an
14heir, the person shall notify the Department of State Police of
15the name and address of the transferee and comply with the
16requirements of subsection (b) of Section 3 of the Firearm
17Owners Identification Card Act. The person to whom the weapon
18is transferred shall, within 60 days of the transfer, complete
19an affidavit and pay the required registration fee under this
20Section. A person to whom the weapon is transferred may
21transfer it only as provided in this subsection.
22    (f) This Section does not apply to a peace officer who has
23retired in good standing from a law enforcement agency of this
24State and who possesses an assault weapon or .50 caliber rifle
25prohibited by subsection (d) of this Section, if the weapon was
26lawfully possessed and acquired by the peace officer prior to

 

 

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1retirement and the retired peace officer within 30 days of
2retirement registers the weapon with the Department of State
3Police and pays the required registration fee under this
4Section. The retired peace officer shall comply with the
5transfer and notification requirements in subsection (e) of
6this Section.
7    (g) For the purpose of registration required under
8subsections (e) and (f) of this Section, the Department of
9State Police shall assess a registration fee of $25 per person
10to the owner of an assault weapon and $25 per person to the
11owner of a .50 caliber rifle. The fees shall be deposited into
12the State Police Firearm Services Fund.
13    (h) This Section does not apply to or affect any of the
14following:
15        (1) Peace officers as defined in Section 2-13 of this
16    Code.
17        (2) Acquisition and possession by a local law
18    enforcement agency for the purpose of equipping the
19    agency's peace officers as defined in paragraph (1) of this
20    subsection.
21        (3) Wardens, superintendents, and keepers of prisons,
22    penitentiaries, jails, and other institutions for the
23    detention of persons accused or convicted of an offense.
24        (4) Members of the Armed Services or Reserve Forces of
25    the United States or the Illinois National Guard, while in
26    the performance of their official duties or while traveling

 

 

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1    to or from their place of duty.
2        (5) Any company that employs armed security officers in
3    this State at a nuclear energy, storage, weapons, or
4    development site or facility regulated by the federal
5    Nuclear Regulatory Commission and persons employed as an
6    armed security force member at a nuclear energy, storage,
7    weapons, or development site or facility regulated by the
8    federal Nuclear Regulatory Commission who have completed
9    the background screening and training mandated by the rules
10    and regulations of the federal Nuclear Regulatory
11    Commission and while in the performance of their official
12    duties.
13        (6) Manufacture, transportation, or sale of weapons,
14    attachments, or ammunition to persons authorized under
15    subdivisions (1) through (5) of this subsection (h) to
16    possess those items.
17        (7) Manufacture, transportation, or sale of weapons,
18    attachments, or ammunition for sale or transfer in another
19    state.
20        (8) Possession of any firearm if that firearm is
21    sanctioned by the International Olympic Committee and by
22    USA Shooting, the national governing body for
23    international shooting competition in the United States,
24    but only when the firearm is in the actual possession of an
25    Olympic target shooting competitor or target shooting
26    coach for the purpose of storage, transporting to and from

 

 

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1    Olympic target shooting practice or events if the firearm
2    is broken down in a non-functioning state, is not
3    immediately accessible, or is unloaded and enclosed in a
4    firearm case, carrying box, shipping box, or other similar
5    portable container designed for the safe transportation of
6    firearms, and when the Olympic target shooting competitor
7    or target shooting coach is engaging in those practices or
8    events. For the purposes of this paragraph (8), "firearm"
9    is as defined in Section 1.1 of the Firearm Owners
10    Identification Card Act.
11        (9) Any non-resident who transports, within 24 hours, a
12    weapon for any lawful purpose from any place where he or
13    she may lawfully possess and carry that weapon to any other
14    place where he or she may lawfully possess and carry that
15    weapon if, during the transportation the weapon is
16    unloaded, and neither the weapon nor any ammunition being
17    transported is readily accessible or is directly
18    accessible from the passenger compartment of the
19    transporting vehicle. Provided that, in the case of a
20    vehicle without a compartment separate from the driver's
21    compartment the weapon or ammunition shall be contained in
22    a locked container other than the glove compartment or
23    console.
24        (10) Possession of a weapon at events taking place at
25    the World Shooting and Recreational Complex at Sparta, only
26    while engaged in the legal use of this weapon, or while

 

 

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1    traveling to or from this location if the weapon is broken
2    down in a non-functioning state, or is not immediately
3    accessible, or is unloaded and enclosed in a firearm case,
4    carrying box, shipping box, or other similar portable
5    container designed for the safe transportation of
6    firearms.
7        (11) Possession of a weapon only for hunting use
8    expressly permitted under the Wildlife Code, or while
9    traveling to or from a location authorized for this hunting
10    use under the Wildlife Code if the weapon is broken down in
11    a non-functioning state, or is not immediately accessible,
12    or is unloaded and enclosed in a firearm case, carrying
13    box, shipping box, or other similar portable container
14    designed for the safe transportation of firearms.
15        (12) The manufacture, transportation, possession,
16    sale, or rental of blank-firing assault weapons and .50
17    caliber rifles, or the weapon's respective attachments, to
18    persons authorized or permitted, or both authorized and
19    permitted to acquire and possess these weapons or
20    attachments for the purpose of rental for use solely as
21    props for a motion picture, television, or video production
22    or entertainment event.
23    (i) Sentence.
24        (1) A person who knowingly delivers, sells, purchases,
25    or possesses or causes to be delivered, sold, purchased, or
26    possessed an assault weapon in violation of this Section

 

 

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1    commits a Class 3 felony for a first violation and a Class
2    2 felony for a second or subsequent violation or for the
3    possession or delivery of 2 or more of these weapons at the
4    same time.
5        (2) A person who knowingly delivers, sells, purchases,
6    or possesses or causes to be delivered, sold, purchased, or
7    possessed in violation of this Section an assault weapon
8    attachment commits a Class 4 felony for a first violation
9    and a Class 3 felony for a second or subsequent violation.
10        (3) A person who knowingly delivers, sells, purchases,
11    or possesses or causes to be delivered, sold, purchased, or
12    possessed in violation of this Section a .50 caliber rifle
13    commits a Class 3 felony for a first violation and a Class
14    2 felony for a second or subsequent violation or for the
15    possession or delivery of 2 or more of these weapons at the
16    same time.
17        (4) A person who knowingly delivers, sells, purchases,
18    or possesses or causes to be delivered, sold, purchased, or
19    possessed in violation of this Section a .50 caliber
20    cartridge commits a Class A misdemeanor.
21        (5) Any other violation of this Section is a Class A
22    misdemeanor.
 
23    (720 ILCS 5/24-1.10 new)
24    Sec. 24-1.10. Delivery or sale of large capacity ammunition
25feeding devices.

 

 

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1    (a) As used in this Section:
2    "Large capacity ammunition feeding device" means:
3        (1) a magazine, belt, drum, feed strip, or similar
4    device that has a capacity of, or that can be readily
5    restored or converted to accept, more than 10 rounds of
6    ammunition; or
7        (2) any combination of parts from which a device
8    described in paragraph (1) can be assembled.
9    "Large capacity ammunition feeding device" does not
10include an attached tubular device designed to accept, and
11capable of operating only with, .22 caliber rimfire ammunition.
12"Large capacity ammunition feeding device" does not include a
13tubular magazine that is contained in a lever-action firearm or
14any device that has been made permanently inoperable.
15    (b) Except as provided in subsection (c), it is unlawful
16for any person within this State to knowingly deliver, sell,
17purchase, or possess or cause to be delivered, sold, or
18purchased a large capacity ammunition feeding device.
19    (c) This Section does not apply to or affect any of the
20following:
21        (1) Peace officers as defined in Section 2-13 of this
22    Code.
23        (2) A local law enforcement agency for the purpose of
24    equipping the agency's peace officers as defined in
25    paragraph (1) of this subsection.
26        (3) Wardens, superintendents, and keepers of prisons,

 

 

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1    penitentiaries, jails, and other institutions for the
2    detention of persons accused or convicted of an offense.
3        (4) Members of the Armed Services or Reserve Forces of
4    the United States or the Illinois National Guard, for the
5    performance of their official duties.
6        (5) Any company that employs armed security officers in
7    this State at a nuclear energy, storage, weapons, or
8    development site or facility regulated by the federal
9    Nuclear Regulatory Commission and persons employed as an
10    armed security force member at a nuclear energy, storage,
11    weapons, or development site or facility regulated by the
12    federal Nuclear Regulatory Commission who have completed
13    the background screening and training mandated by the rules
14    and regulations of the federal Nuclear Regulatory
15    Commission for the performance of their official duties.
16        (6) Sale of large capacity ammunition feeding devices
17    to persons authorized under subdivisions (1) through (5) of
18    this subsection (c) to possess those devices.
19        (7) Sale of large capacity ammunition feeding devices
20    for sale or transfer in another state.
21        (8) Sale or rental of large capacity ammunition feeding
22    devices for blank-firing assault weapons and .50 caliber
23    rifles, to persons authorized or permitted, or both
24    authorized and permitted to acquire these devices for the
25    purpose of rental for use solely as props for a motion
26    picture, television, or video production or entertainment

 

 

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1    event.
2    (d) Sentence. A person who knowingly delivers, sells,
3purchases, or causes to be delivered, sold, or purchased in
4violation of this Section a large capacity ammunition feeding
5device capable of holding more than 15 rounds of ammunition
6commits a Class 3 felony for a first violation and a Class 2
7felony for a second or subsequent violation or for delivery or
8possession of 2 or more of these devices at the same time. Any
9other violation of this Section is a Class A misdemeanor.
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.