Full Text of HB1294 97th General Assembly
HB1294eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning 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 adding | 5 | | Sections 24-1.9 and 24-1.10 as follows: | 6 | | (720 ILCS 5/24-1.9 new) | 7 | | Sec. 24-1.9. Manufacture, possession, delivery, sale, and | 8 | | purchase of semi-automatic assault weapons, assault weapon | 9 | | attachments, .50 caliber rifles, and .50 caliber cartridges. | 10 | | (a) Definitions. In this Section: | 11 | | (1) "Semi-automatic assault weapon" means: | 12 | | (A) any of the firearms or types, replicas, or | 13 | | duplicates in any caliber of the firearms, known as: | 14 | | (i) Norinco, Mitchell, and Poly Technologies | 15 | | Avtomat Kalashnikovs (all models); | 16 | | (ii) Action Arms Israeli Military Industries | 17 | | UZI and Galil; | 18 | | (iii) Beretta AR-70 (SC-70); | 19 | | (iv) Colt AR-15; | 20 | | (v) Fabrique Nationale FN/FAL, FN/LAR, and | 21 | | FNC; | 22 | | (vi) SWD M-10, M-11, M-11/9, and M-12; | 23 | | (vii) Steyr AUG; |
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| 1 | | | 2 | | (viii) INTRATEC TEC-9, TEC-DC9, and TEC-22; | 3 | | and | 4 | | (ix) any shotgun which contains its ammunition | 5 | | in a revolving cylinder, such as (but not limited | 6 | | to) the Street Sweeper and Striker 12; | 7 | | (B) a semi-automatic rifle that has an ability to | 8 | | accept a detachable magazine and has any of the | 9 | | following: | 10 | | (i) a folding or telescoping stock; | 11 | | (ii) a pistol grip or thumbhole stock; | 12 | | (iii) a shroud that is attached to, or | 13 | | partially or completely encircles the barrel, and | 14 | | that permits the shooter to hold the firearm with | 15 | | the non-trigger hand without being burned; or | 16 | | (iv) a fixed magazine that has the capacity to | 17 | | accept more than 10 rounds of ammunition; | 18 | | (C) a semi-automatic pistol that has an ability to | 19 | | accept a detachable magazine and has any of the | 20 | | following: | 21 | | (i) a folding, telescoping, or thumbhole | 22 | | stock; | 23 | | (ii) a shroud that is attached to, or partially | 24 | | or completely encircles the barrel, and that | 25 | | permits the shooter to hold the firearm with the | 26 | | non-trigger hand without being burned; |
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| 1 | | (iii) an ammunition magazine that attaches to | 2 | | the pistol outside of the pistol grip; | 3 | | (iv) a fixed magazine that has the capacity to | 4 | | accept more than 10 rounds of ammunition; | 5 | | (v) a manufactured weight of 50 ounces or more | 6 | | when the pistol is unloaded; or | 7 | | (vi) a semi-automatic version of an automatic | 8 | | firearm; | 9 | | (D) a semi-automatic shotgun that has any of the | 10 | | following: | 11 | | (i) a folding or telescoping stock; | 12 | | (ii) a pistol grip or thumbhole stock; | 13 | | (iii) a fixed magazine capacity in excess of 5 | 14 | | rounds; or | 15 | | (iv) an ability to accept a detachable | 16 | | magazine. | 17 | | "Semi-automatic assault weapon" does not | 18 | | include: | 19 | | (A) any firearm that: | 20 | | (i) is manually operated by bolt, pump, lever, | 21 | | or slide action; | 22 | | (ii) is an "unserviceable firearm" or has been | 23 | | made permanently inoperable; or | 24 | | (iii) is an antique firearm; | 25 | | (B) any air rifle as defined in Section 1 of the | 26 | | Air Rifle Act. |
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| 1 | | (2) "Assault weapon attachment" means any device | 2 | | capable of being attached to a firearm that is specifically | 3 | | designed for making or converting a firearm into any of the | 4 | | firearms listed in paragraph (1) of subsection (a) of this | 5 | | Section. | 6 | | (3) "Antique firearm" has the meaning ascribed to it in | 7 | | 18 U.S.C. Section 921 (a)(16). | 8 | | (4) ".50 caliber rifle" means a centerfire rifle | 9 | | capable of firing a .50 caliber cartridge. The term does | 10 | | not include any antique firearm as defined in 18 U.S.C. | 11 | | Section 921 (a)(16), any shotgun including a shotgun that | 12 | | has a rifle barrel, or a muzzle-loader used for "black | 13 | | powder" hunting or battle re-enactments. | 14 | | (5) ".50 caliber cartridge" means a cartridge in .50 | 15 | | BMG caliber, either by designation or actual measurement, | 16 | | that is capable of being fired from a centerfire rifle. The | 17 | | term ".50 caliber cartridge" does not include any | 18 | | memorabilia or display item that is filled with a permanent | 19 | | inert substance or that is otherwise permanently altered in | 20 | | a manner that prevents ready modification for use as live | 21 | | ammunition or shotgun ammunition with a caliber | 22 | | measurement that is equal to or greater than .50 caliber. | 23 | | (b) Except as provided in subsections (c) and (d), 90 days | 24 | | after the effective date of this amendatory Act of the 97th | 25 | | General Assembly, it is unlawful for any person within this | 26 | | State to knowingly manufacture, deliver, sell, purchase, or |
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| 1 | | possess or cause to be manufactured, delivered, sold, | 2 | | purchased, or possessed, a semi-automatic assault weapon, an | 3 | | assault weapon attachment, any .50 caliber rifle, or .50 | 4 | | caliber cartridge. | 5 | | (c) This Section does not apply to a person who possessed a | 6 | | weapon or attachment prohibited by subsection (b) before the | 7 | | effective date of this amendatory Act of the 97th General | 8 | | Assembly, provided that the person has provided proof of | 9 | | ownership to the Department of State Police within 90 days | 10 | | after the effective date of this amendatory Act of the 97th | 11 | | General Assembly as required by law. On or after the effective | 12 | | date of this amendatory Act of the 97th General Assembly, such | 13 | | person may transfer such weapon or attachment only to an heir, | 14 | | an individual residing in another state maintaining that weapon | 15 | | in another state, or a dealer licensed as a federal firearms | 16 | | dealer under Section 923 of the federal Gun Control Act of | 17 | | 1968. | 18 | | (d) This Section does not apply to or affect any of the | 19 | | following: | 20 | | (1) Peace officers as defined in Section 2-13 of this | 21 | | Code and retired peace officers not otherwise prohibited | 22 | | from receiving a firearm, in possession of a semi-automatic | 23 | | assault weapon, assault weapon attachment, or .50 caliber | 24 | | rifle transferred to the retired peace officer by his or | 25 | | her law enforcement agency upon retirement. | 26 | | (2) 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 | | (3) Members of the Armed Services or Reserve Forces of | 4 | | the United States or the Illinois National Guard, while in | 5 | | the performance of their official duties or while traveling | 6 | | to or from their place of duty. | 7 | | (4) Manufacture, transportation, or sale of weapons, | 8 | | attachments, or ammunition to persons authorized under | 9 | | subdivisions (1) through (3) of this subsection to possess | 10 | | those items. | 11 | | (5) Possession of a semi-automatic assault weapon, an | 12 | | assault weapon attachment, a .50 caliber rifle, or a .50 | 13 | | caliber cartridge at events taking place at the World | 14 | | Shooting and Recreational Complex at Sparta, only while | 15 | | engaged in the legal use of the firearm or attachment, or | 16 | | while traveling to or from this location if the items are | 17 | | broken down in a non-functioning state, or are not | 18 | | immediately accessible, or are unloaded and enclosed in a | 19 | | case, firearm carrying box, shipping box, or other | 20 | | container. | 21 | | (6) Possession of any firearm if that firearm is | 22 | | sanctioned by the International Olympic Committee and by | 23 | | USA Shooting, the national governing body for | 24 | | international shooting competition in the United States, | 25 | | but only when the firearm is in the actual possession of an | 26 | | Olympic target shooting competitor or target shooting |
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| 1 | | coach for the purpose of storage, transporting to and from | 2 | | Olympic target shooting practice or events if the firearm | 3 | | is broken down in a non-functioning state, is not | 4 | | immediately accessible, or is unloaded and enclosed in a | 5 | | case, firearm carrying box, shipping box, or other | 6 | | container, 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 (6), "firearm" | 9 | | is defined in Section 1.1 of the Firearm Owners | 10 | | Identification Card Act. | 11 | | (7) Possession of a semi-automatic assault weapon, an | 12 | | assault weapon attachment, a .50 caliber rifle, or a .50 | 13 | | caliber cartridge only for a hunting use expressly | 14 | | permitted under the Wildlife Code, or while traveling to or | 15 | | from a location authorized for such hunting use under the | 16 | | Wildlife Code if the items are broken down in a | 17 | | non-functioning state, or are not immediately accessible, | 18 | | or are unloaded and enclosed in a case, firearm carrying | 19 | | box, shipping box, or other container. | 20 | | (8) Manufacture, transportation, possession, sale, or | 21 | | rental of blank-firing semi-automatic assault weapons and | 22 | | .50 caliber rifles or the weapons respective attachments to | 23 | | persons authorized or permitted, or both authorized and | 24 | | permitted to acquire and possess such weapons for the | 25 | | purposes 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 | | (e) Sentence. | 3 | | (1) A person who knowingly manufactures, delivers, | 4 | | sells, purchases, or possesses or causes to be | 5 | | manufactured, delivered, sold, purchased, or possessed a | 6 | | semi-automatic assault weapon in violation of this Section | 7 | | commits a Class 3 felony for a first violation and a Class | 8 | | 2 felony for a second or subsequent violation or for the | 9 | | possession or delivery of 2 or more of these weapons at the | 10 | | same time. | 11 | | (2) A person who knowingly manufactures, delivers, | 12 | | sells, purchases, or possesses or causes to be | 13 | | manufactured, delivered, sold, purchased, or possessed in | 14 | | violation of this Section an assault weapon attachment | 15 | | commits a Class 4 felony for a first violation and a Class | 16 | | 3 felony for a second or subsequent violation. | 17 | | (3) A person who knowingly manufactures, delivers, | 18 | | sells, purchases, or possesses or causes to be | 19 | | manufactured, delivered, sold, purchased, or possessed in | 20 | | violation of this Section a .50 caliber rifle commits a | 21 | | Class 3 felony for a first violation and a Class 2 felony | 22 | | for a second or subsequent violation or for the possession | 23 | | or delivery of 2 or more of these weapons at the same time. | 24 | | (4) A person who knowingly manufactures, delivers, | 25 | | sells, purchases, or possesses or causes to be | 26 | | manufactured, delivered, sold, purchased, or possessed in |
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| 1 | | violation of this Section a .50 caliber cartridge commits a | 2 | | Class A misdemeanor. | 3 | | (720 ILCS 5/24-1.10 new) | 4 | | Sec. 24-1.10. Manufacture, possession, delivery, sale, and | 5 | | purchase of large capacity ammunition feeding devices. | 6 | | (a) As used in this Section: | 7 | | "Large capacity ammunition feeding device" means: | 8 | | (1) a magazine, belt, drum, feed strip, or similar | 9 | | device that has a capacity of, or that can be readily | 10 | | restored or converted to accept, more than 10 rounds of | 11 | | ammunition; or | 12 | | (2) any combination of parts from which a device | 13 | | described in paragraph (1) can be assembled. | 14 | | "Large capacity ammunition feeding device" does not | 15 | | include an attached tubular device designed to accept, and | 16 | | capable of operating only with, .22 caliber rimfire ammunition | 17 | | or any device that has been made permanently inoperable. | 18 | | (b) Except as provided in subsections (c) and (d), it is | 19 | | unlawful for any person within this State, beginning 90 days | 20 | | after the effective date of this amendatory Act of the 97th | 21 | | General Assembly, to knowingly manufacture, deliver, sell, | 22 | | purchase, or possess or cause to be manufactured, delivered, | 23 | | sold, purchased, or possessed, a large capacity ammunition | 24 | | feeding device. | 25 | | (c) This Section does not apply to a person who possessed a |
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| 1 | | device prohibited by subsection (b) before the effective date | 2 | | of this amendatory Act of the 97th General Assembly, provided | 3 | | that the person has provided proof of ownership to the | 4 | | Department of State Police within 90 days after the effective | 5 | | date of this amendatory Act of the 97th General Assembly as | 6 | | required by law. On or after the effective date of this | 7 | | amendatory Act of the 97th General Assembly, such person may | 8 | | transfer such device only to an heir, an individual residing in | 9 | | another state maintaining that device in another state, or a | 10 | | dealer licensed as a federal firearms dealer under Section 923 | 11 | | of the federal Gun Control Act of 1968. | 12 | | (d) This Section does not apply to or affect any of the | 13 | | following: | 14 | | (1) Peace officers as defined in Section 2-13 of this | 15 | | Code and retired peace officers not otherwise prohibited | 16 | | from receiving a firearm, in possession of a large capacity | 17 | | ammunition feeding device transferred to the retired peace | 18 | | officer by his or her law enforcement agency upon | 19 | | retirement. | 20 | | (2) Wardens, superintendents, and keepers of prisons, | 21 | | penitentiaries, jails, and other institutions for the | 22 | | detention of persons accused or convicted of an offense. | 23 | | (3) Members of the Armed Services or Reserve Forces of | 24 | | the United States or the Illinois National Guard, while in | 25 | | the performance of their official duties or while traveling | 26 | | to or from their place of duty. |
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| 1 | | (4) Manufacture, transportation, or sale of large | 2 | | capacity ammunition feeding devices to persons authorized | 3 | | under subdivisions (1) through (3) of this subsection to | 4 | | possess those items. | 5 | | (5) Possession of a large capacity ammunition feeding | 6 | | device at events taking place at the World Shooting and | 7 | | Recreational Complex at Sparta, only while engaged in the | 8 | | legal use of the device, or while traveling to or from this | 9 | | location if the items are broken down in a non-functioning | 10 | | state, or are not immediately accessible, or are unloaded | 11 | | and enclosed in a case, firearm carrying box, shipping box, | 12 | | or other container. | 13 | | (6) Possession of any large capacity ammunition | 14 | | feeding device if that large capacity ammunition feeding | 15 | | device is sanctioned by the International Olympic | 16 | | Committee and by USA Shooting, the national governing body | 17 | | for international shooting competition in the United | 18 | | States, but only when the large capacity ammunition feeding | 19 | | device is in the actual possession of an Olympic target | 20 | | shooting competitor or target shooting coach for the | 21 | | purpose of storage, transporting to and from Olympic target | 22 | | shooting practice or events if the device is broken down in | 23 | | a non-functioning state, is not immediately accessible, or | 24 | | is unloaded and enclosed in a case, firearm carrying box, | 25 | | shipping box, or other container, and when the Olympic | 26 | | target shooting competitor or target shooting coach is |
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| 1 | | engaging in those practices or events. | 2 | | (7) Possession of a large capacity ammunition feeding | 3 | | device only for a hunting use expressly permitted under the | 4 | | Wildlife Code, or while traveling to or from a location | 5 | | authorized for such hunting use under the Wildlife Code if | 6 | | the items are broken down in a non-functioning state, or | 7 | | are not immediately accessible, or are unloaded and | 8 | | enclosed in a case, firearm carrying box, shipping box, or | 9 | | other container. | 10 | | (e) Sentence. A person who knowingly manufactures, | 11 | | delivers, sells, purchases, or possesses or causes to be | 12 | | manufactured, delivered, sold, purchased, or possessed in | 13 | | violation of this Section a large capacity ammunition feeding | 14 | | device capable of holding more than 17 rounds of ammunition | 15 | | commits a Class 3 felony for a first violation and a Class 2 | 16 | | felony for a second or subsequent violation or for possession | 17 | | or delivery of 2 or more of these devices at the same time. A | 18 | | person who knowingly manufactures, delivers, sells, purchases, | 19 | | or possesses or causes to be manufactured, delivered, sold, | 20 | | purchased, or possessed in violation of this Section a large | 21 | | capacity ammunition feeding device capable of holding more than | 22 | | 10 rounds but not more than 17 rounds of ammunition commits a | 23 | | Class 4 felony for a first violation and a Class 3 felony for a | 24 | | second or subsequent violation or for possession or delivery of | 25 | | more than one of these devices at the same time. |
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| 1 | | Section 97. Severability. The provisions of this Act are | 2 | | severable under Section 1.31 of the Statute on Statutes.
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.
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