HB4896 93RD GENERAL ASSEMBLY

LRB093 15347 RLC 40949 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4896

Introduced 02/04/04, by Edward J. Acevedo

SYNOPSIS AS INTRODUCED:

720 ILCS 5/24-1.7 new

Amends the Criminal Code of 1961. Prohibits the knowing manufacture, delivery, and possession of semiautomatic assault weapons, large capacity ammunition feeding devices, and assault weapon attachments. Provides for an affirmative defense to a violation for peace officers, correctional institution employees and officers, members of the Armed Services and Reserve Forces of the United States, and the Illinois National Guard while these persons are in the performance of their duties. Establishes penalties for violations.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT in relation to criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 1961 is amended by adding Section 24-1.7 as follows:

(720 ILCS 5/24-1.7 new)

Sec. 24-1.7. Manufacture, possession, and delivery of semiautomatic assault weapons, large capacity ammunition feeding devices, and assault weapon attachments.

(a) The General Assembly finds that the high rate of fire and capacity for firepower of semiautomatic assault weapons, assault weapon attachments, and large capacity ammunition feeding devices pose a significant threat to the health, safety, and welfare of the citizens of this State, that the use of these weapons, devices, or attachments for sport or recreation is substantially outweighed by the danger these weapons or devices present to human life, and that restrictions should therefore be placed on the manufacture, delivery, and possession of these weapons, devices, and attachments.

(b) Definitions. In this Section:

(1) "Semi-automatic assault weapon" means:

(A) any of the firearms or types, replicas, or duplicates in any caliber of the firearms, known as:

(i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models);

(ii) Action Arms Israeli Military Industries UZI and Galil;

(iii) Beretta AR-70 (SC-70);

(iv) Colt AR-15;

(v) Fabrique Nationale FN/FAL, FN/LAR, and FNC;

(vi) SWD M-10, M-11, M-11/9, and M-12;

(vii) Steyr AUG;

(viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and

(ix) any shotgun which contains its ammunition in a revolving cylinder, such as (but not limited to) the Street Sweeper and Striker 12;

(x) any firearm having a caliber of 50 or greater;

(B) a semiautomatic rifle that has an ability to accept a detachable magazine and has any of the following:

(i) a folding or telescoping stock;

(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;

(iii) a bayonet mount;

(iv) a flash suppressor or barrel having a threaded muzzle; or

(v) a grenade launcher;

(C) a semi-automatic pistol that has an ability to accept a detachable magazine and has any of the following:

(i) an ammunition magazine that attaches to the pistol outside of the pistol grip;

(ii) a barrel having a threaded muzzle;

(iii) a shroud that is attached to, or partially or completely encircles the barrel, and that permits the shooter to hold the firearm with the non-trigger hand without being burned;

(iv) a manufactured weight of 50 ounces or more when the pistol is unloaded; or

(v) a semiautomatic version of an automatic firearm;

(D) a semiautomatic shotgun that has any of the following:

(i) a folding or telescoping stock;

(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;

(iii) a fixed magazine capacity in excess of 5 rounds; or

(iv) an ability to accept a detachable magazine.

"Semiautomatic assault weapon" does not include:

(A) any firearm that:

(i) is manually operated by bolt, pump, lever or slide action;

(ii) is an "unserviceable firearm" or has been made permanently inoperable; or

(iii) is an antique firearm;

(B) any semiautomatic rifle that cannot accept a detachable magazine that holds more than 5 rounds of ammunition; or

(C) any semiautomatic shotgun that cannot hold more than 5 rounds of ammunition in a fixed or detachable magazine.

(2)(A) "Large capacity ammunition feeding device" means:

(i) a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition; or

(ii) any combination of parts from which a device described in subparagraph (i) can be assembled.

(B) "Large capacity ammunition feeding device" does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition or any device that has been made permanently inoperable.

(3) "Assault weapon attachment" means any device capable of being attached to a firearm that is specifically designed for making or converting a firearm into any of the firearms listed in paragraph (1) of subsection (b) of this Section.

(4) "Antique firearm" means:

(A) any firearm, including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before 1898;

(B) any replica of any firearm described in subparagraph (A) if the replica:

(i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or

(ii) uses rimfire or conventional centerfire ammunition that is no longer manufactured in the United States and that is not readily available in the ordinary channels of commercial trade; or

(C) any firearm (other than a machine gun), which, although designed as a weapon, the Department of State Police finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector's item and is not likely to be used as a weapon.

(c) Except as provided in subsection (e), 90 days after the effective date of this amendatory Act of the 93rd General Assembly, it is unlawful for any person within this State, to knowingly manufacture, deliver, or possess or cause to be manufactured, delivered, or possessed, a semiautomatic assault weapon, a large capacity ammunition feeding device, or an assault weapon attachment.

(d) Any person who knowingly possesses a semiautomatic assault weapon, large capacity ammunition feeding device, or assault weapon attachment must, within 90 days after the effective date of this amendatory Act of the 93rd General Assembly, destroy the weapon or device, render it permanently inoperable, relinquish it to a law enforcement agency, or remove it from this State.

(e) A person has an affirmative defense to an alleged violation of subsection (c) of this Section if he or she lawfully possessed or delivered the semiautomatic assault weapon, large capacity ammunition feeding device, or assault weapon attachment while in the performance of his or her official duties as a peace officer, correctional institution employee or official, or member of the Armed Services or Reserve Forces of the United States, or of the Illinois National Guard.

(f) Sentence.

(1) A person who manufactures, possesses, or delivers a semiautomatic assault weapon in violation of this Section commits a Class 3 felony for a first violation and a Class 2 felony for a second or subsequent violation or for the possession or delivery of 2 or more of these weapons at the same time.

(2) A person who possesses or delivers in violation of this Section a large capacity ammunition feeding device capable of holding more than 17 rounds of ammunition commits a Class 3 felony for a first violation and a Class 2 felony for a second or subsequent violation or for possession or delivery of 2 or more of these devices at the same time.

(3) A person who possesses or delivers in violation of this Section a large capacity ammunition feeding device capable of holding more than 10 rounds but not more than 17 rounds of ammunition commits a Class 4 felony for a first violation and a Class 3 felony for a second or subsequent violation or for possession or delivery of more than one of these devices at the same time.

(4) A person who possesses or delivers in violation of this Section an assault weapon attachment commits a Class 4 felony for a first violation and a Class 3 felony for a second or subsequent violation.