Illinois General Assembly - Full Text of SB1195
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Full Text of SB1195  93rd General Assembly

SB1195sam002 93rd General Assembly


093_SB1195sam002











                                     LRB093 10905 RLC 14185 a

 1                    AMENDMENT TO SENATE BILL 1195

 2        AMENDMENT NO.     .  Amend Senate Bill 1195 as follows:

 3    by replacing everything after the enacting  clause  with  the
 4    following:

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

 7        (720 ILCS 5/24-1.7 new)
 8        Sec. 24-1.7. Manufacture,  possession,  and  delivery  of
 9    semiautomatic  assault  weapons,  large  capacity  ammunition
10    feeding devices, and assault weapon attachments.
11        (a) The General Assembly finds that the high rate of fire
12    and  capacity for firepower of semiautomatic assault weapons,
13    assault weapon attachments,  and  large  capacity  ammunition
14    feeding  devices  pose  a  significant  threat to the health,
15    safety, and welfare of the citizens of this State,  that  the
16    use  of  these  weapons, devices, or attachments for sport or
17    recreation is substantially outweighed by  the  danger  these
18    weapons   or   devices   present  to  human  life,  and  that
19    restrictions should therefore be placed on  the  manufacture,
20    delivery,  and  possession  of  these  weapons,  devices, and
21    attachments.
 
                            -2-      LRB093 10905 RLC 14185 a
 1        (b) Definitions. In this Section:
 2             (1) "Semi-automatic assault weapon" means:
 3                  (A)  any of the firearms or types, replicas, or
 4             duplicates in any caliber of the firearms, known as:
 5                       (i)  Norinco,    Mitchell,    and     Poly
 6                  Technologies Avtomat Kalashnikovs (all models);
 7                       (ii)  Action    Arms    Israeli   Military
 8                  Industries UZI and Galil;
 9                       (iii)  Beretta AR-70 (SC-70);
10                       (iv)  Colt AR-15;
11                       (v)  Fabrique  Nationale  FN/FAL,  FN/LAR,
12                  and FNC;
13                       (vi)  SWD M-10, M-11, M-11/9, and M-12;
14                       (vii)  Steyr AUG;
15                       (viii)  INTRATEC   TEC-9,   TEC-DC9    and
16                  TEC-22;
17                       (ix)  any   shotgun   which  contains  its
18                  ammunition in a  revolving  cylinder,  such  as
19                  (but  not  limited  to)  the Street Sweeper and
20                  Striker 12; and
21                       (x)  any  long  range  50  caliber  sniper
22                  rifle capable of firing a centerfire  cartridge
23                  in  50  caliber,  .50  BMG  caliber,  any other
24                  variant of 50 caliber, or any metric equivalent
25                  of such calibers, or  any  handgun  which  uses
26                  fixed  ammunition  having  a  caliber  of 50 or
27                  greater; or
28                  (B)  a semiautomatic rifle that has an  ability
29             to  accept  a detachable magazine and has at least 2
30             of the following:
31                       (i)  a folding or telescoping stock;
32                       (ii)  a   pistol   grip   that   protrudes
33                  conspicuously beneath the action of the weapon;
34                       (iii)  a bayonet mount;
 
                            -3-      LRB093 10905 RLC 14185 a
 1                       (iv)  a flash suppressor or barrel  having
 2                  a threaded muzzle; or
 3                       (v)  a grenade launcher; or
 4                  (C)  a   semi-automatic   pistol  that  has  an
 5             ability to accept a detachable magazine and  has  at
 6             least 2 of the following:
 7                       (i)  an  ammunition magazine that attaches
 8                  to the pistol outside of the pistol grip;
 9                       (ii)  a barrel having a threaded muzzle;
10                       (iii)  a shroud that is  attached  to,  or
11                  partially  or  completely encircles the barrel,
12                  and  that  permits  the  shooter  to  hold  the
13                  firearm with the non-trigger hand without being
14                  burned;
15                       (iv)  a manufactured weight of  50  ounces
16                  or more when the pistol is unloaded; or
17                       (v)  a   semiautomatic   version   of   an
18                  automatic firearm; or
19                  (D)  a  semiautomatic shotgun that has at least
20             2 of the following:
21                       (i)  a folding or telescoping stock;
22                       (ii)  a   pistol   grip   that   protrudes
23                  conspicuously beneath the action of the weapon;
24                       (iii)  a fixed magazine capacity in excess
25                  of 5 rounds; or
26                       (iv)  an ability to  accept  a  detachable
27                  magazine; or
28                  (E)  any  other model that is only a variation,
29             with  minor  differences,  of  a  model  listed   in
30             subparagraph (A) of paragraph (1) of this subsection
31             (b), regardless of the manufacturer.
32             (2)  "Semiautomatic   assault   weapon"   does   not
33        include:
34                  (A)  any firearm that:
 
                            -4-      LRB093 10905 RLC 14185 a
 1                       (i)  is  manually  operated by bolt, pump,
 2                  lever or slide action;
 3                       (ii)  is an "unserviceable firearm" or has
 4                  been made permanently inoperable;
 5                       (iii)  is an antique firearm;
 6                       (iv)  is any of the following  competition
 7                  handguns:
 8                            (1)  Hammerli SP 20;
 9                            (2)  Hammerli 280;
10                            (3)  Walther OSP; or
11                            (4)  Walther GSP; or
12                       (v)  is  a  50  caliber rifle firing fixed
13                  ammunition that was specifically  designed  for
14                  big game hunting or sporting use;
15                  (B)  any semiautomatic rifle that cannot accept
16             a detachable  magazine that holds more than 5 rounds
17             of ammunition; or
18                  (C)  any semiautomatic shotgun that cannot hold
19             more  than  5  rounds  of  ammunition  in a fixed or
20             detachable magazine.
21             (3)  Large  capacity  ammunition   feeding   device"
22        means:
23                       (A)  a  magazine,  belt, drum, feed strip,
24                  or similar device that has a  capacity  of,  or
25                  that  can  be  readily restored or converted to
26                  accept, more than 10 rounds of ammunition; or
27                       (B)  any combination of parts from which a
28                  device described in  subparagraph  (A)  can  be
29                  assembled.
30             (4)  "Large capacity ammunition feeding device" does
31        not  include  an  attached  tubular  device  designed  to
32        accept,  and  capable of operating only with, .22 caliber
33        rimfire ammunition or  any  device  that  has  been  made
34        permanently inoperable.
 
                            -5-      LRB093 10905 RLC 14185 a
 1             (5)  "Assault  weapon  attachment"  means any device
 2        capable  of  being  attached  to  a   firearm   that   is
 3        specifically  designed for making or converting a firearm
 4        into any of the firearms listed in paragraph (1) of  this
 5        subsection (b).
 6             (6)  "Antique firearm" means:
 7                  (A)  any  firearm, including any firearm with a
 8             matchlock, flintlock,  percussion  cap,  or  similar
 9             type  of  ignition system, manufactured in or before
10             1898;
11                  (B)  any replica of any  firearm  described  in
12             subparagraph (A) if the replica:
13                       (i)  is  not  designed  or  redesigned for
14                  using rimfire or conventional centerfire  fixed
15                  ammunition; or
16                       (ii)  uses    rimfire    or   conventional
17                  centerfire  ammunition  that   is   no   longer
18                  manufactured  in  the United States and that is
19                  not readily available in the ordinary  channels
20                  of commercial trade; or
21                  (C)  any  muzzle  loading rifle, muzzle loading
22             shotgun or muzzle loading pistol which  is  designed
23             to  use  black powder, or a black powder substitute,
24             and which cannot use fixed ammunition.
25        (c)(1)  It shall be unlawful for any person  within  this
26    State,  to  knowingly  manufacture,  transfer,  or possess or
27    cause  to  be  manufactured,  transferred,  or  possessed,  a
28    semiautomatic assault weapon,  a  large  capacity  ammunition
29    feeding devise, or an assault weapon attachment.
30        (2)  Paragraph (c)(1) does not apply to:
31                  (A)  The   possession   or   transfer   of  any
32             semi-automatic  assault   weapon,   large   capacity
33             ammunition   feeding   device   or   assault  weapon
34             attachment  otherwise   lawfully   possessed   under
 
                            -6-      LRB093 10905 RLC 14185 a
 1             Federal or State law on the date of the enactment of
 2             this Section.
 3                  (B)  The   manufacture  for,  transfer  to,  or
 4             possession by the United States or a  department  or
 5             agency  of  the  United  States  or  a  State  or  a
 6             department,  agency,  or  political subdivision of a
 7             State, or a transfer  to  or  possession  by  a  law
 8             enforcement  officer  employed by such an entity for
 9             purposes of  law  enforcement  (whether  on  or  off
10             duty); or by member of the Armed Services or Reserve
11             Forces   of  the  United  States,  or  the  Illinois
12             National Guard, while in the performance of  his  or
13             her   official   duties,   or  the  transfer  to  or
14             possession by a Federally licensed firearms dealer.
15                  (C)  Any firearm (other than  a  machine  gun),
16             which, although designed as a weapon, the Department
17             of  State  Police finds by reason of the date of its
18             manufacture,    value,     design,     and     other
19             characteristics  is primarily a collector's item and
20             is not likely to be used as a weapon.
21        (d) Sentence.
22             (1)  A  person  who  manufactures,   possesses,   or
23        delivers  a  semiautomatic assault weapon in violation of
24        this Section commits a  Class  3  felony    for  a  first
25        violation and a Class 2 felony for a second or subsequent
26        violation  or for the possession or delivery of 2 or more
27        of these weapons at the same time.
28             (2)  A person who possesses or delivers in violation
29        of this Section a  large    capacity  ammunition  feeding
30        device   capable  of  holding  more  than  17  rounds  of
31        ammunition commits a Class 3 felony for a first violation
32        and a Class 2 felony for a second or subsequent violation
33        or for possession or delivery  of  2  or  more  of  these
34        devices at the same time.
 
                            -7-      LRB093 10905 RLC 14185 a
 1             (3)  A person who possesses or delivers in violation
 2        of  this  Section  a  large  capacity  ammunition feeding
 3        device capable of holding more than  10  rounds  but  not
 4        more  than  17  rounds  of  ammunition  commits a Class 4
 5        felony for a first violation and a Class 3 felony  for  a
 6        second  or  subsequent  violation  or  for  possession or
 7        delivery of more than one of these devices  at  the  same
 8        time.
 9             (4)  A person who possesses or delivers in violation
10        of  this  Section  an assault weapon attachment commits a
11        Class 4 felony for a first violation and a Class 3 felony
12        for a second or subsequent violation.".