99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB2771

 

Introduced , by Rep. Randy Frese

 

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 delivery of ammunition by the United States Postal Service or other courier by a holder of a valid Firearm Owner's Identification Card issued by the Department of State Police under the Act is an exclusive power and function of the State. Effective immediately.


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HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2771LRB099 10368 RLC 30595 b

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 Firearm Owners Identification Card Act is
5amended by changing Section 13.1 as follows:
 
6    (430 ILCS 65/13.1)  (from Ch. 38, par. 83-13.1)
7    Sec. 13.1. Preemption.
8    (a) Except as otherwise provided in the Firearm Concealed
9Carry Act and subsections (b) and (c) of this Section, the
10provisions of any ordinance enacted by any municipality which
11requires registration or imposes greater restrictions or
12limitations on the acquisition, possession and transfer of
13firearms than are imposed by this Act, are not invalidated or
14affected by this Act.
15    (b) Notwithstanding subsection (a) of this Section, the
16regulation, licensing, possession, and registration of
17handguns and ammunition for a handgun, and the transportation
18of any firearm and ammunition, including but not limited to the
19delivery of ammunition by the United States Postal Service or
20other courier, by a holder of a valid Firearm Owner's
21Identification Card issued by the Department of State Police
22under this Act are exclusive powers and functions of this
23State. Any ordinance or regulation, or portion of that

 

 

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1ordinance or regulation, enacted on or before the effective
2date of this amendatory Act of the 98th General Assembly that
3purports to impose regulations or restrictions on a holder of a
4valid Firearm Owner's Identification Card issued by the
5Department of State Police under this Act in a manner that is
6inconsistent with this Act, on the effective date of this
7amendatory Act of the 98th General Assembly, shall be invalid
8in its application to a holder of a valid Firearm Owner's
9Identification Card issued by the Department of State Police
10under this Act.
11    (c) Notwithstanding subsection (a) of this Section, the
12regulation of the possession or ownership of assault weapons
13are exclusive powers and functions of this State. Any ordinance
14or regulation, or portion of that ordinance or regulation, that
15purports to regulate the possession or ownership of assault
16weapons in a manner that is inconsistent with this Act, shall
17be invalid unless the ordinance or regulation is enacted on,
18before, or within 10 days after the effective date of this
19amendatory Act of the 98th General Assembly. Any ordinance or
20regulation described in this subsection (c) enacted more than
2110 days after the effective date of this amendatory Act of the
2298th General Assembly is invalid. An ordinance enacted on,
23before, or within 10 days after the effective date of this
24amendatory Act of the 98th General Assembly may be amended. The
25enactment or amendment of ordinances under this subsection (c)
26are subject to the submission requirements of Section 13.3. For

 

 

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1the purposes of this subsection, "assault weapons" means
2firearms designated by either make or model or by a test or
3list of cosmetic features that cumulatively would place the
4firearm into a definition of "assault weapon" under the
5ordinance.
6    (d) For the purposes of this Section, "handgun" has the
7meaning ascribed to it in Section 5 of the Firearm Concealed
8Carry Act.
9    (e) This Section is a denial and limitation of home rule
10powers and functions under subsection (h) of Section 6 of
11Article VII of the Illinois Constitution.
12(Source: P.A. 98-63, eff. 7-9-13.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.