Illinois General Assembly - Full Text of HB4107
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Full Text of HB4107  100th General Assembly

HB4107 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4107

 

Introduced , by Rep. Martin J. Moylan

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-1  from Ch. 38, par. 24-1
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. Prohibits the knowing sale, manufacture, purchase, possession, or carrying of a trigger modification device. Defines "trigger modification device". Effective immediately.


LRB100 14944 RLC 29875 b

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

 

 

A BILL FOR

 

HB4107LRB100 14944 RLC 29875 b

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 changing
5Section 24-1 and by adding Sections 24-1.9 and 24-1.10 as
6follows:
 
7    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
8    Sec. 24-1. Unlawful use of weapons.
9    (a) A person commits the offense of unlawful use of weapons
10when he knowingly:
11        (1) Sells, manufactures, purchases, possesses or
12    carries any bludgeon, black-jack, slung-shot, sand-club,
13    sand-bag, metal knuckles or other knuckle weapon
14    regardless of its composition, throwing star, or any knife,
15    commonly referred to as a switchblade knife, which has a
16    blade that opens automatically by hand pressure applied to
17    a button, spring or other device in the handle of the
18    knife, or a ballistic knife, which is a device that propels
19    a knifelike blade as a projectile by means of a coil
20    spring, elastic material or compressed gas; or
21        (2) Carries or possesses with intent to use the same
22    unlawfully against another, a dagger, dirk, billy,
23    dangerous knife, razor, stiletto, broken bottle or other

 

 

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1    piece of glass, stun gun or taser or any other dangerous or
2    deadly weapon or instrument of like character; or
3        (3) Carries on or about his person or in any vehicle, a
4    tear gas gun projector or bomb or any object containing
5    noxious liquid gas or substance, other than an object
6    containing a non-lethal noxious liquid gas or substance
7    designed solely for personal defense carried by a person 18
8    years of age or older; or
9        (4) Carries or possesses in any vehicle or concealed on
10    or about his person except when on his land or in his own
11    abode, legal dwelling, or fixed place of business, or on
12    the land or in the legal dwelling of another person as an
13    invitee with that person's permission, any pistol,
14    revolver, stun gun or taser or other firearm, except that
15    this subsection (a) (4) does not apply to or affect
16    transportation of weapons that meet one of the following
17    conditions:
18            (i) are broken down in a non-functioning state; or
19            (ii) are not immediately accessible; or
20            (iii) are unloaded and enclosed in a case, firearm
21        carrying box, shipping box, or other container by a
22        person who has been issued a currently valid Firearm
23        Owner's Identification Card; or
24            (iv) are carried or possessed in accordance with
25        the Firearm Concealed Carry Act by a person who has
26        been issued a currently valid license under the Firearm

 

 

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1        Concealed Carry Act; or
2        (5) Sets a spring gun; or
3        (6) Possesses any device or attachment of any kind
4    designed, used or intended for use in silencing the report
5    of any firearm; or
6        (7) Sells, manufactures, purchases, possesses or
7    carries:
8            (i) a machine gun, which shall be defined for the
9        purposes of this subsection as any weapon, which
10        shoots, is designed to shoot, or can be readily
11        restored to shoot, automatically more than one shot
12        without manually reloading by a single function of the
13        trigger, including the frame or receiver of any such
14        weapon, or sells, manufactures, purchases, possesses,
15        or carries any combination of parts designed or
16        intended for use in converting any weapon into a
17        machine gun, or any combination or parts from which a
18        machine gun can be assembled if such parts are in the
19        possession or under the control of a person;
20            (i-5) a trigger modification device. For purposes
21        of this clause (i-5), "trigger modification device"
22        means any part, or combination of parts, designed or
23        intended to accelerate the rate of fire of a firearm,
24        but does not convert the firearm into a machine gun,
25        including, but not limited to:
26                (A) any part, or combination of parts,

 

 

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1            designed or intended for use in modifying a firearm
2            to use the recoil of the firearm to produce a rapid
3            succession of trigger functions; or
4                (B) any part, or combination of parts,
5            designed or intended for use in modifying a firearm
6            to produce multiple trigger functions through the
7            use of an external mechanism;
8            (ii) any rifle having one or more barrels less than
9        16 inches in length or a shotgun having one or more
10        barrels less than 18 inches in length or any weapon
11        made from a rifle or shotgun, whether by alteration,
12        modification, or otherwise, if such a weapon as
13        modified has an overall length of less than 26 inches;
14        or
15            (iii) any bomb, bomb-shell, grenade, bottle or
16        other container containing an explosive substance of
17        over one-quarter ounce for like purposes, such as, but
18        not limited to, black powder bombs and Molotov
19        cocktails or artillery projectiles; or
20        (8) Carries or possesses any firearm, stun gun or taser
21    or other deadly weapon in any place which is licensed to
22    sell intoxicating beverages, or at any public gathering
23    held pursuant to a license issued by any governmental body
24    or any public gathering at which an admission is charged,
25    excluding a place where a showing, demonstration or lecture
26    involving the exhibition of unloaded firearms is

 

 

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1    conducted.
2        This subsection (a)(8) does not apply to any auction or
3    raffle of a firearm held pursuant to a license or permit
4    issued by a governmental body, nor does it apply to persons
5    engaged in firearm safety training courses; or
6        (9) Carries or possesses in a vehicle or on or about
7    his person any pistol, revolver, stun gun or taser or
8    firearm or ballistic knife, when he is hooded, robed or
9    masked in such manner as to conceal his identity; or
10        (10) Carries or possesses on or about his person, upon
11    any public street, alley, or other public lands within the
12    corporate limits of a city, village or incorporated town,
13    except when an invitee thereon or therein, for the purpose
14    of the display of such weapon or the lawful commerce in
15    weapons, or except when on his land or in his own abode,
16    legal dwelling, or fixed place of business, or on the land
17    or in the legal dwelling of another person as an invitee
18    with that person's permission, any pistol, revolver, stun
19    gun or taser or other firearm, except that this subsection
20    (a) (10) does not apply to or affect transportation of
21    weapons that meet one of the following conditions:
22            (i) are broken down in a non-functioning state; or
23            (ii) are not immediately accessible; or
24            (iii) are unloaded and enclosed in a case, firearm
25        carrying box, shipping box, or other container by a
26        person who has been issued a currently valid Firearm

 

 

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1        Owner's Identification Card; or
2            (iv) are carried or possessed in accordance with
3        the Firearm Concealed Carry Act by a person who has
4        been issued a currently valid license under the Firearm
5        Concealed Carry Act.
6        A "stun gun or taser", as used in this paragraph (a)
7    means (i) any device which is powered by electrical
8    charging units, such as, batteries, and which fires one or
9    several barbs attached to a length of wire and which, upon
10    hitting a human, can send out a current capable of
11    disrupting the person's nervous system in such a manner as
12    to render him incapable of normal functioning or (ii) any
13    device which is powered by electrical charging units, such
14    as batteries, and which, upon contact with a human or
15    clothing worn by a human, can send out current capable of
16    disrupting the person's nervous system in such a manner as
17    to render him incapable of normal functioning; or
18        (11) Sells, manufactures or purchases any explosive
19    bullet. For purposes of this paragraph (a) "explosive
20    bullet" means the projectile portion of an ammunition
21    cartridge which contains or carries an explosive charge
22    which will explode upon contact with the flesh of a human
23    or an animal. "Cartridge" means a tubular metal case having
24    a projectile affixed at the front thereof and a cap or
25    primer at the rear end thereof, with the propellant
26    contained in such tube between the projectile and the cap;

 

 

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1    or
2        (12) (Blank); or
3        (13) Carries or possesses on or about his or her person
4    while in a building occupied by a unit of government, a
5    billy club, other weapon of like character, or other
6    instrument of like character intended for use as a weapon.
7    For the purposes of this Section, "billy club" means a
8    short stick or club commonly carried by police officers
9    which is either telescopic or constructed of a solid piece
10    of wood or other man-made material.
11    (b) Sentence. A person convicted of a violation of
12subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
13subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
14Class A misdemeanor. A person convicted of a violation of
15subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
16person convicted of a violation of subsection 24-1(a)(6) or
1724-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
18convicted of a violation of subsection 24-1(a)(7)(i) or
1924-1(a)(7)(i-5) commits a Class 2 felony and shall be sentenced
20to a term of imprisonment of not less than 3 years and not more
21than 7 years, unless the weapon is possessed in the passenger
22compartment of a motor vehicle as defined in Section 1-146 of
23the Illinois Vehicle Code, or on the person, while the weapon
24is loaded, in which case it shall be a Class X felony. A person
25convicted of a second or subsequent violation of subsection
2624-1(a)(4), 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a

 

 

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1Class 3 felony. The possession of each weapon in violation of
2this Section constitutes a single and separate violation.
3    (c) Violations in specific places.
4        (1) A person who violates subsection 24-1(a)(6) or
5    24-1(a)(7) in any school, regardless of the time of day or
6    the time of year, in residential property owned, operated
7    or managed by a public housing agency or leased by a public
8    housing agency as part of a scattered site or mixed-income
9    development, in a public park, in a courthouse, on the real
10    property comprising any school, regardless of the time of
11    day or the time of year, on residential property owned,
12    operated or managed by a public housing agency or leased by
13    a public housing agency as part of a scattered site or
14    mixed-income development, on the real property comprising
15    any public park, on the real property comprising any
16    courthouse, in any conveyance owned, leased or contracted
17    by a school to transport students to or from school or a
18    school related activity, in any conveyance owned, leased,
19    or contracted by a public transportation agency, or on any
20    public way within 1,000 feet of the real property
21    comprising any school, public park, courthouse, public
22    transportation facility, or residential property owned,
23    operated, or managed by a public housing agency or leased
24    by a public housing agency as part of a scattered site or
25    mixed-income development commits a Class 2 felony and shall
26    be sentenced to a term of imprisonment of not less than 3

 

 

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1    years and not more than 7 years.
2        (1.5) A person who violates subsection 24-1(a)(4),
3    24-1(a)(9), or 24-1(a)(10) in any school, regardless of the
4    time of day or the time of year, in residential property
5    owned, operated, or managed by a public housing agency or
6    leased by a public housing agency as part of a scattered
7    site or mixed-income development, in a public park, in a
8    courthouse, on the real property comprising any school,
9    regardless of the time of day or the time of year, on
10    residential property owned, operated, or managed by a
11    public housing agency or leased by a public housing agency
12    as part of a scattered site or mixed-income development, on
13    the real property comprising any public park, on the real
14    property comprising any courthouse, in any conveyance
15    owned, leased, or contracted by a school to transport
16    students to or from school or a school related activity, in
17    any conveyance owned, leased, or contracted by a public
18    transportation agency, or on any public way within 1,000
19    feet of the real property comprising any school, public
20    park, courthouse, public transportation facility, or
21    residential property owned, operated, or managed by a
22    public housing agency or leased by a public housing agency
23    as part of a scattered site or mixed-income development
24    commits a Class 3 felony.
25        (2) A person who violates subsection 24-1(a)(1),
26    24-1(a)(2), or 24-1(a)(3) in any school, regardless of the

 

 

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1    time of day or the time of year, in residential property
2    owned, operated or managed by a public housing agency or
3    leased by a public housing agency as part of a scattered
4    site or mixed-income development, in a public park, in a
5    courthouse, on the real property comprising any school,
6    regardless of the time of day or the time of year, on
7    residential property owned, operated or managed by a public
8    housing agency or leased by a public housing agency as part
9    of a scattered site or mixed-income development, on the
10    real property comprising any public park, on the real
11    property comprising any courthouse, in any conveyance
12    owned, leased or contracted by a school to transport
13    students to or from school or a school related activity, in
14    any conveyance owned, leased, or contracted by a public
15    transportation agency, or on any public way within 1,000
16    feet of the real property comprising any school, public
17    park, courthouse, public transportation facility, or
18    residential property owned, operated, or managed by a
19    public housing agency or leased by a public housing agency
20    as part of a scattered site or mixed-income development
21    commits a Class 4 felony. "Courthouse" means any building
22    that is used by the Circuit, Appellate, or Supreme Court of
23    this State for the conduct of official business.
24        (3) Paragraphs (1), (1.5), and (2) of this subsection
25    (c) shall not apply to law enforcement officers or security
26    officers of such school, college, or university or to

 

 

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1    students carrying or possessing firearms for use in
2    training courses, parades, hunting, target shooting on
3    school ranges, or otherwise with the consent of school
4    authorities and which firearms are transported unloaded
5    enclosed in a suitable case, box, or transportation
6    package.
7        (4) For the purposes of this subsection (c), "school"
8    means any public or private elementary or secondary school,
9    community college, college, or university.
10        (5) For the purposes of this subsection (c), "public
11    transportation agency" means a public or private agency
12    that provides for the transportation or conveyance of
13    persons by means available to the general public, except
14    for transportation by automobiles not used for conveyance
15    of the general public as passengers; and "public
16    transportation facility" means a terminal or other place
17    where one may obtain public transportation.
18    (d) The presence in an automobile other than a public
19omnibus of any weapon, instrument or substance referred to in
20subsection (a)(7) is prima facie evidence that it is in the
21possession of, and is being carried by, all persons occupying
22such automobile at the time such weapon, instrument or
23substance is found, except under the following circumstances:
24(i) if such weapon, instrument or instrumentality is found upon
25the person of one of the occupants therein; or (ii) if such
26weapon, instrument or substance is found in an automobile

 

 

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1operated for hire by a duly licensed driver in the due, lawful
2and proper pursuit of his trade, then such presumption shall
3not apply to the driver.
4    (e) Exemptions.
5        (1) Crossbows, Common or Compound bows and Underwater
6    Spearguns are exempted from the definition of ballistic
7    knife as defined in paragraph (1) of subsection (a) of this
8    Section.
9        (2) The provision of paragraph (1) of subsection (a) of
10    this Section prohibiting the sale, manufacture, purchase,
11    possession, or carrying of any knife, commonly referred to
12    as a switchblade knife, which has a blade that opens
13    automatically by hand pressure applied to a button, spring
14    or other device in the handle of the knife, does not apply
15    to a person who possesses a currently valid Firearm Owner's
16    Identification Card previously issued in his or her name by
17    the Department of State Police or to a person or an entity
18    engaged in the business of selling or manufacturing
19    switchblade knives.
20(Source: P.A. 99-29, eff. 7-10-15; 100-82, eff. 8-11-17.)
 
21    (720 ILCS 5/24-1.9 new)
22    Sec. 24-1.9. Possession, delivery, sale, and purchase of
23assault weapons, .50 caliber rifles, and .50 caliber
24cartridges.
25    (a) Definitions. As used in this Section:

 

 

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1        (1) "Assault weapon" means:
2            (A) any rifle which has a belt fed ammunition
3        system or which has a detachable magazine capable of
4        holding more than 10 rounds of ammunition;
5            (B) a semi-automatic rifle that has the ability to
6        accept a detachable magazine and has any of the
7        following:
8                (i) a folding or telescoping stock; or
9                (ii) a shroud that is attached to, or partially
10            or completely encircles the barrel, and that
11            permits the shooter to hold the firearm with the
12            non-trigger hand without being burned;
13            (C) a semi-automatic pistol that has the ability to
14        accept a detachable magazine and has any of the
15        following:
16                (i) a folding or telescoping stock;
17                (ii) a shroud that is attached to, or partially
18            or completely encircles the barrel, and that
19            permits the shooter to hold the firearm with the
20            non-trigger hand without being burned; or
21                (iii) a manufactured weight of 50 ounces or
22            more when the pistol is unloaded.
23            (D) a semi-automatic rifle with a fixed magazine
24        that has the capacity to accept more than 10 rounds of
25        ammunition;
26            (E) a semi-automatic shotgun that has:

 

 

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1                (i) a folding or telescoping stock; and
2                (ii) contains its ammunition in a revolving
3            cylinder; or
4                (iii) a fixed magazine capacity in excess of 5
5            rounds of ammunition, except as may be authorized
6            under the Wildlife Code and excluding magazine
7            extensions during the snow geese conservation
8            order season; or
9                (iv) an ability to accept a detachable
10            magazine of more than 5 rounds of ammunition.
11            "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;
17                (iii) is an antique firearm;
18                (iv) uses rimfire ammunition or cartridges; or
19                (iv) has been excluded as an assault weapon in
20            a Department of Natural Resources rule. The
21            Department of Natural Resources shall have the
22            authority to adopt rules to further define
23            exclusions of assault weapon types under this
24            Section, provided the make, model, and caliber of
25            the firearm excluded has a viable application to
26            hunting game and conforms to accepted hunting

 

 

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1            principles of fair chase.
2            (B) any air rifle as defined in Section 24.8-0.1 of
3        this Code.
4    For the purposes of this Section, a firearm is considered
5to have the ability to accept a detachable magazine unless the
6magazine or ammunition feeding device can only be removed
7through disassembly of the firearm action.
8        (2) "Assault weapon attachment" means any device
9    capable of being attached to a firearm that is specifically
10    designed for making or converting a firearm into any of the
11    firearms listed in paragraph (1) of this subsection (a).
12        (3) "Antique firearm" has the meaning ascribed to it in
13    18 U.S.C. 921 (a)(16).
14        (4) ".50 caliber rifle" means a centerfire rifle
15    capable of firing a .50 caliber cartridge. The term does
16    not include any antique firearm, any shotgun including a
17    shotgun that has a rifle barrel, or any muzzle-loader which
18    uses black powder for hunting or historical re-enactments.
19        (5) ".50 caliber cartridge" means a cartridge in .50
20    BMG caliber, either by designation or actual measurement,
21    that is capable of being fired from a centerfire rifle. The
22    term ".50 caliber cartridge" does not include any
23    memorabilia or display item that is filled with a permanent
24    inert substance or that is otherwise permanently altered in
25    a manner that prevents ready modification for use as live
26    ammunition or shotgun ammunition with a caliber

 

 

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1    measurement that is equal to or greater than .50 caliber.
2        (6) "Locking mechanism" means secured by a device or
3    mechanism, other than the firearm safety, designed to
4    render a firearm temporarily inoperable; or a box or
5    container capable of containing the firearm and that can be
6    securely locked.
7    (b) The Department of State Police shall take all steps
8necessary to carry out the requirements of this Section within
9180 days after the effective date of this amendatory Act of the
10100th General Assembly.
11    (c) Except as provided in subsections (d), (e), (f), and
12(h) of this Section, on or after the effective date of this
13amendatory Act of the 100th General Assembly, it is unlawful
14for any person within this State to knowingly deliver, sell, or
15purchase or cause to be delivered, sold, or purchased or cause
16to be possessed by another, an assault weapon, assault weapon
17attachment, .50 caliber rifle, or .50 caliber cartridge.
18    (d) Except as otherwise provided in subsections (e), (f),
19and (h) of this Section, 300 days after the effective date of
20this amendatory Act of the 100th General Assembly, it is
21unlawful for any person within this State to knowingly possess
22an assault weapon, .50 caliber rifle, or .50 caliber cartridge.
23    (e) This Section does not apply to a person who possessed
24an assault weapon or .50 caliber rifle prohibited by subsection
25(d) of this Section before the effective date of this
26amendatory Act of the 100th General Assembly, provided the

 

 

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1person has provided in a registration affidavit, under oath or
2affirmation and in the form and manner prescribed by the
3Department of State Police on or after 180 days after the
4effective date of this amendatory Act of the 100th General
5Assembly but within 300 days after the effective date of this
6amendatory Act of the 100th General Assembly:
7        (1) his or her name;
8        (2) date of birth;
9        (3) Firearm Owner's Identification Card number;
10        (4) the make, model, caliber, and serial number of the
11    weapon; and
12        (5) proof of a locking mechanism that properly fits the
13    weapon. The affidavit shall include a statement that the
14    weapon is owned by the person submitting the affidavit and
15    that he or she owns a locking mechanism for the weapon.
16    The affidavit form shall include the following statement
17printed in bold type: "Warning: Entering false information on
18this form is punishable as perjury under Section 32-2 of the
19Criminal Code of 2012."
20    Beginning 300 days after the effective date of this
21amendatory Act of the 100th General Assembly, the person may
22transfer the assault weapon or .50 caliber rifle only to an
23heir, an individual residing in another state maintaining it in
24another state, or a dealer licensed as a federal firearms
25dealer under Section 923 of the federal Gun Control Act of
261968. Within 10 days after transfer of the weapon except to an

 

 

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1heir, the person shall notify the Department of State Police of
2the name and address of the transferee and comply with the
3requirements of subsection (b) of Section 3 of the Firearm
4Owners Identification Card Act. The person to whom the weapon
5is transferred shall, within 60 days of the transfer, complete
6an affidavit and pay the required registration fee under this
7Section. A person to whom the weapon is transferred may
8transfer it only as provided in this subsection.
9    (f) This Section does not apply to a peace officer who has
10retired in good standing from a law enforcement agency of this
11State and who possesses an assault weapon or .50 caliber rifle
12prohibited by subsection (d) of this Section, if the weapon was
13lawfully possessed and acquired by the peace officer prior to
14retirement and the retired peace officer within 30 days of
15retirement registers the weapon with the Department of State
16Police and pays the required registration fee under this
17Section. The retired peace officer shall comply with the
18transfer and notification requirements in subsection (e) of
19this Section.
20    (g) For the purpose of registration required under
21subsections (e) and (f) of this Section, the Department of
22State Police shall assess a registration fee of $25 per person
23to the owner of an assault weapon and $25 per person to the
24owner of a .50 caliber rifle. The fees shall be deposited into
25the State Police Firearm Services Fund.
26    (h) This Section does not apply to or affect any of the

 

 

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1following:
2        (1) Peace officers as defined in Section 2-13 of this
3    Code.
4        (2) Acquisition and possession by a local law
5    enforcement agency for the purpose of equipping the
6    agency's peace officers as defined in paragraph (1) of this
7    subsection.
8        (3) Wardens, superintendents, and keepers of prisons,
9    penitentiaries, jails, and other institutions for the
10    detention of persons accused or convicted of an offense.
11        (4) Members of the Armed Services or Reserve Forces of
12    the United States or the Illinois National Guard, while in
13    the performance of their official duties or while traveling
14    to or from their place of duty.
15        (5) Any company that employs armed security officers in
16    this State at a nuclear energy, storage, weapons, or
17    development site or facility regulated by the federal
18    Nuclear Regulatory Commission and persons employed as an
19    armed security force member at a nuclear energy, storage,
20    weapons, or development site or facility regulated by the
21    federal Nuclear Regulatory Commission who have completed
22    the background screening and training mandated by the rules
23    and regulations of the federal Nuclear Regulatory
24    Commission and while in the performance of their official
25    duties.
26        (6) Manufacture, transportation, or sale of weapons,

 

 

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1    attachments, or ammunition to persons authorized under
2    subdivisions (1) through (5) of this subsection (h) to
3    possess those items.
4        (7) Manufacture, transportation, or sale of weapons,
5    attachments, or ammunition for sale or transfer in another
6    state.
7        (8) Possession of any firearm if that firearm is
8    sanctioned by the International Olympic Committee and by
9    USA Shooting, the national governing body for
10    international shooting competition in the United States,
11    but only when the firearm is in the actual possession of an
12    Olympic target shooting competitor or target shooting
13    coach for the purpose of storage, transporting to and from
14    Olympic target shooting practice or events if the firearm
15    is broken down in a non-functioning state, is not
16    immediately accessible, or is unloaded and enclosed in a
17    firearm case, carrying box, shipping box, or other similar
18    portable container designed for the safe transportation of
19    firearms, and when the Olympic target shooting competitor
20    or target shooting coach is engaging in those practices or
21    events. For the purposes of this paragraph (8), "firearm"
22    is as defined in Section 1.1 of the Firearm Owners
23    Identification Card Act.
24        (9) Any non-resident who transports, within 24 hours, a
25    weapon for any lawful purpose from any place where he or
26    she may lawfully possess and carry that weapon to any other

 

 

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1    place where he or she may lawfully possess and carry that
2    weapon if, during the transportation the weapon is
3    unloaded, and neither the weapon nor any ammunition being
4    transported is readily accessible or is directly
5    accessible from the passenger compartment of the
6    transporting vehicle. Provided that, in the case of a
7    vehicle without a compartment separate from the driver's
8    compartment the weapon or ammunition shall be contained in
9    a locked container other than the glove compartment or
10    console.
11        (10) Possession of a weapon at events taking place at
12    the World Shooting and Recreational Complex at Sparta, only
13    while engaged in the legal use of this weapon, or while
14    traveling to or from this location if the weapon is broken
15    down in a non-functioning state, or is not immediately
16    accessible, or is unloaded and enclosed in a firearm case,
17    carrying box, shipping box, or other similar portable
18    container designed for the safe transportation of
19    firearms.
20        (11) Possession of a weapon only for hunting use
21    expressly permitted under the Wildlife Code, or while
22    traveling to or from a location authorized for this hunting
23    use under the Wildlife Code if the weapon is broken down in
24    a non-functioning state, or is not immediately accessible,
25    or is unloaded and enclosed in a firearm case, carrying
26    box, shipping box, or other similar portable container

 

 

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1    designed for the safe transportation of firearms.
2        (12) The manufacture, transportation, possession,
3    sale, or rental of blank-firing assault weapons and .50
4    caliber rifles, or the weapon's respective attachments, to
5    persons authorized or permitted, or both authorized and
6    permitted to acquire and possess these weapons or
7    attachments for the purpose of rental for use solely as
8    props for a motion picture, television, or video production
9    or entertainment event.
10    (i) Sentence.
11        (1) A person who knowingly delivers, sells, purchases,
12    or possesses or causes to be delivered, sold, purchased, or
13    possessed an assault weapon in violation of this Section
14    commits a Class 3 felony for a first violation and a Class
15    2 felony for a second or subsequent violation or for the
16    possession or delivery of 2 or more of these weapons at the
17    same time.
18        (2) A person who knowingly delivers, sells, purchases,
19    or possesses or causes to be delivered, sold, purchased, or
20    possessed in violation of this Section an assault weapon
21    attachment commits a Class 4 felony for a first violation
22    and a Class 3 felony for a second or subsequent violation.
23        (3) A person who knowingly delivers, sells, purchases,
24    or possesses or causes to be delivered, sold, purchased, or
25    possessed in violation of this Section a .50 caliber rifle
26    commits a Class 3 felony for a first violation and a Class

 

 

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1    2 felony for a second or subsequent violation or for the
2    possession or delivery of 2 or more of these weapons at the
3    same time.
4        (4) A person who knowingly delivers, sells, purchases,
5    or possesses or causes to be delivered, sold, purchased, or
6    possessed in violation of this Section a .50 caliber
7    cartridge commits a Class A misdemeanor.
8        (5) Any other violation of this Section is a Class A
9    misdemeanor.
 
10    (720 ILCS 5/24-1.10 new)
11    Sec. 24-1.10. Delivery or sale of large capacity ammunition
12feeding devices.
13    (a) As used in this Section:
14    "Large capacity ammunition feeding device" means:
15        (1) a magazine, belt, drum, feed strip, or similar
16    device that has a capacity of, or that can be readily
17    restored or converted to accept, more than 10 rounds of
18    ammunition; or
19        (2) any combination of parts from which a device
20    described in paragraph (1) can be assembled.
21    "Large capacity ammunition feeding device" does not
22include an attached tubular device designed to accept, and
23capable of operating only with, .22 caliber rimfire ammunition.
24"Large capacity ammunition feeding device" does not include a
25tubular magazine that is contained in a lever-action firearm or

 

 

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1any device that has been made permanently inoperable.
2    (b) Except as provided in subsection (c), it is unlawful
3for any person within this State to knowingly deliver, sell,
4purchase, or possess or cause to be delivered, sold, or
5purchased a large capacity ammunition feeding device.
6    (c) This Section does not apply to or affect any of the
7following:
8        (1) Peace officers as defined in Section 2-13 of this
9    Code.
10        (2) A local law enforcement agency for the purpose of
11    equipping the agency's peace officers as defined in
12    paragraph (1) of this subsection.
13        (3) Wardens, superintendents, and keepers of prisons,
14    penitentiaries, jails, and other institutions for the
15    detention of persons accused or convicted of an offense.
16        (4) Members of the Armed Services or Reserve Forces of
17    the United States or the Illinois National Guard, for the
18    performance of their official duties.
19        (5) Any company that employs armed security officers in
20    this State at a nuclear energy, storage, weapons, or
21    development site or facility regulated by the federal
22    Nuclear Regulatory Commission and persons employed as an
23    armed security force member at a nuclear energy, storage,
24    weapons, or development site or facility regulated by the
25    federal Nuclear Regulatory Commission who have completed
26    the background screening and training mandated by the rules

 

 

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1    and regulations of the federal Nuclear Regulatory
2    Commission for the performance of their official duties.
3        (6) Sale of large capacity ammunition feeding devices
4    to persons authorized under subdivisions (1) through (5) of
5    this subsection (c) to possess those devices.
6        (7) Sale of large capacity ammunition feeding devices
7    for sale or transfer in another state.
8        (8) Sale or rental of large capacity ammunition feeding
9    devices for blank-firing assault weapons and .50 caliber
10    rifles, to persons authorized or permitted, or both
11    authorized and permitted to acquire these devices for the
12    purpose of rental for use solely as props for a motion
13    picture, television, or video production or entertainment
14    event.
15    (d) Sentence. A person who knowingly delivers, sells,
16purchases, or causes to be delivered, sold, or purchased in
17violation of this Section a large capacity ammunition feeding
18device capable of holding more than 15 rounds of ammunition
19commits a Class 3 felony for a first violation and a Class 2
20felony for a second or subsequent violation or for delivery or
21possession of 2 or more of these devices at the same time. Any
22other violation of this Section is a Class A misdemeanor.
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.