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Full Text of SB1195  93rd General Assembly

SB1195 93rd General Assembly


093_SB1195

 
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 1        AN ACT in relation to criminal law.

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

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

 6        (720 ILCS 5/24-1.7 new)
 7        Sec.  24-1.7.  Manufacture,  possession,  and delivery of
 8    semiautomatic  assault  weapons,  large  capacity  ammunition
 9    feeding devices, and assault weapon attachments.
10        (a)  The General Assembly finds that  the  high  rate  of
11    fire  and  capacity  for  firepower  of semiautomatic assault
12    weapons,  assault  weapon  attachments,  and  large  capacity
13    ammunition feeding devices pose a significant threat  to  the
14    health,  safety,  and  welfare of the citizens of this State,
15    that the use of these weapons, devices,  or  attachments  for
16    sport or recreation is substantially outweighed by the danger
17    these  weapons  or  devices  present  to human life, and that
18    restrictions should therefore be placed on  the  manufacture,
19    delivery,  and  possession  of  these  weapons,  devices, and
20    attachments.
21        (b)  Definitions. In this Section:
22             (1)  "Semi-automatic assault weapon" means:
23                  (A)  any of the firearms or types, replicas, or
24             duplicates in any caliber of the firearms, known as:
25                       (i)  Norinco,    Mitchell,    and     Poly
26                  Technologies Avtomat Kalashnikovs (all models);
27                       (ii)  Action    Arms    Israeli   Military
28                  Industries UZI and Galil;
29                       (iii)  Beretta AR-70 (SC-70);
30                       (iv)  Colt AR-15;
31                       (v)  Fabrique  Nationale  FN/FAL,  FN/LAR,
 
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 1                  and FNC;
 2                       (vi)  SWD M-10, M-11, M-11/9, and M-12;
 3                       (vii)  Steyr AUG;
 4                       (viii)  INTRATEC   TEC-9,   TEC-DC9    and
 5                  TEC-22; and
 6                       (ix)  any   shotgun   which  contains  its
 7                  ammunition in a  revolving  cylinder,  such  as
 8                  (but  not  limited  to)  the Street Sweeper and
 9                  Striker 12;
10                       (x)  any firearm having a caliber of 50 or
11                  greater;
12             (B)  a semiautomatic rifle that has  an  ability  to
13        accept   a   detachable  magazine  and  has  any  of  the
14        following:
15                  (i)  a folding or telescoping stock;
16                  (ii)  a    pistol    grip    that     protrudes
17             conspicuously beneath the action of the weapon;
18                  (iii)  a bayonet mount;
19                  (iv)  a  flash  suppressor  or  barrel having a
20             threaded muzzle; or
21                  (v)  a grenade launcher; or
22             (C)  a semi-automatic pistol that has an ability  to
23        accept   a   detachable  magazine  and  has  any  of  the
24        following:
25                  (i)  an ammunition magazine  that  attaches  to
26             the pistol outside of the pistol grip;
27                  (ii)  a barrel having a threaded muzzle;
28                  (iii)  a   shroud   that  is  attached  to,  or
29             partially or completely encircles  the  barrel,  and
30             that  permits  the  shooter to hold the firearm with
31             the non-trigger hand without being burned;
32                  (iv)  a manufactured weight  of  50  ounces  or
33             more when the pistol is unloaded; or
34                  (v)  a  semiautomatic  version  of an automatic
 
                            -3-      LRB093 10905 LRD 11424 b
 1             firearm; or
 2             (D)  a semiautomatic shotgun that  has  any  of  the
 3        following:
 4                  (i)  a folding or telescoping stock;
 5                  (ii)  a     pistol    grip    that    protrudes
 6             conspicuously beneath the action of the weapon;
 7                  (iii)  a fixed magazine capacity in excess of 5
 8             rounds; or
 9                  (iv)  an  ability  to   accept   a   detachable
10             magazine.
11        "Semiautomatic assault weapon" does not include:
12             (A)  any firearm that:
13                  (i)  is  manually operated by bolt, pump, lever
14             or slide action;
15                  (ii)  is an "unserviceable firearm" or has been
16             made permanently inoperable; or
17                  (iii)  is an antique firearm; or
18             (B)  any semiautomatic rifle that  cannot  accept  a
19        detachable  magazine  that  holds  more  than 5 rounds of
20        ammunition; or
21             (C)  any semiautomatic shotgun that cannot hold more
22        than 5 rounds of ammunition  in  a  fixed  or  detachable
23        magazine.
24        (2)(A)  "Large capacity ammunition feeding device" means:
25                  (i)  a  magazine,  belt,  drum,  feed strip, or
26             similar device that has a capacity of, or  that  can
27             be  readily  restored  or  converted to accept, more
28             than 10 rounds of ammunition; or
29                  (ii)  any combination of  parts  from  which  a
30             device   described   in   subparagraph  (i)  can  be
31             assembled.
32             (B)  "Large capacity ammunition feeding device" does
33        not  include  an  attached  tubular  device  designed  to
34        accept, and capable of operating only with,  .22  caliber
 
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 1        rimfire  ammunition  or  any  device  that  has been made
 2        permanently inoperable.
 3        (3)  "Assault weapon attachment" means any device capable
 4    of being attached to a firearm that is specifically  designed
 5    for  making  or converting a firearm into any of the firearms
 6    listed in paragraph (1) of subsection (b) of this Section.
 7        (4)  "Antique firearm" means:
 8             (A)  any  firearm,  including  any  firearm  with  a
 9        matchlock, flintlock, percussion cap, or similar type  of
10        ignition system, manufactured in or before 1898, or
11             (B)  any   replica   of  any  firearm  described  in
12        subparagraph (A) if the replica:
13                  (i)  is not designed or  redesigned  for  using
14             rimfire or conventional centerfire fixed ammunition;
15             or
16                  (ii)  uses  rimfire  or conventional centerfire
17             ammunition that is no  longer  manufactured  in  the
18             United  States  and that is not readily available in
19             the ordinary channels of commercial trade; or
20             (C)  any firearm (other than a machine gun),  which,
21        although  designed  as  a weapon, the Department of State
22        Police finds by reason of the date  of  its  manufacture,
23        value,  design,  and other characteristics is primarily a
24        collector's item and is  not  likely  to  be  used  as  a
25        weapon.
26        (c)  Except  as provided in subsection (e), 90 days after
27    the effective date of this amendatory Act of the 93rd General
28    Assembly, it is unlawful for any person within this State, to
29    knowingly manufacture, deliver, or possess  or  cause  to  be
30    manufactured,   delivered,   or  possessed,  a  semiautomatic
31    assault weapon, a large capacity ammunition  feeding  device,
32    or an assault weapon attachment.
33        (d)  Any  person  who knowingly possesses a semiautomatic
34    assault weapon, large capacity ammunition feeding device,  or
 
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 1    assault  weapon  attachment  must,  within  90 days after the
 2    effective date of this amendatory Act  of  the  93rd  General
 3    Assembly, destroy the weapon or device, render it permanently
 4    inoperable,  relinquish  it  to  a law enforcement agency, or
 5    remove it from this State.
 6        (e)  A person has an affirmative defense  to  an  alleged
 7    violation  of  subsection  (c)  of  this Section if he or she
 8    lawfully possessed or  delivered  the  semiautomatic  assault
 9    weapon,  large capacity ammunition feeding device, or assault
10    weapon attachment while in the  performance  of  his  or  her
11    official  duties as a peace officer, correctional institution
12    employee or official, or member  of  the  Armed  Services  or
13    Reserve  Forces  of  the  United  States,  or of the Illinois
14    National Guard.
15        (f)  Sentence.
16             (1)  A  person  who  manufactures,   possesses,   or
17        delivers  a  semiautomatic assault weapon in violation of
18        this Section  commits  a  Class  3  felony  for  a  first
19        violation and a Class 2 felony for a second or subsequent
20        violation  or for the possession or delivery of 2 or more
21        of these weapons at the same time.
22             (2)  A person who possesses or delivers in violation
23        of this  Section  a  large  capacity  ammunition  feeding
24        device   capable  of  holding  more  than  17  rounds  of
25        ammunition commits a Class 3 felony for a first violation
26        and a Class 2 felony for a second or subsequent violation
27        or for possession or delivery  of  2  or  more  of  these
28        devices at the same time.
29             (3)  A person who possesses or delivers in violation
30        of  this  Section  a  large  capacity  ammunition feeding
31        device capable of holding more than  10  rounds  but  not
32        more  than  17  rounds  of  ammunition  commits a Class 4
33        felony for a first violation and a Class 3 felony  for  a
34        second  or  subsequent  violation  or  for  possession or
 
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 1        delivery of more than one of these devices  at  the  same
 2        time.
 3             (4)  A person who possesses or delivers in violation
 4        of  this  Section  an assault weapon attachment commits a
 5        Class 4 felony for a first violation and a Class 3 felony
 6        for a second or subsequent violation.