Full Text of HB2414 94th General Assembly
HB2414ham008 94TH GENERAL ASSEMBLY
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Rep. Edward J. Acevedo
Filed: 2/22/2006
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09400HB2414ham008 |
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LRB094 09150 RLC 56176 a |
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| AMENDMENT TO HOUSE BILL 2414
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| AMENDMENT NO. ______. Amend House Bill 2414, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Criminal Code of 1961 is amended by adding | 6 |
| Sections 24-1.8 and 24-1.9 as
follows:
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| (720 ILCS 5/24-1.8 new)
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| Sec. 24-1.8. Manufacture, possession, and delivery of | 9 |
| semiautomatic
assault
weapons, assault weapon
attachments, and | 10 |
| .50 caliber rifles.
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| (a) Definitions. In this Section:
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| (1) "Semi-automatic assault weapon" means:
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| (A) any of the firearms or types, replicas, or | 14 |
| duplicates in any
caliber
of the firearms, known as:
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| (i) Norinco, Mitchell, and Poly Technologies | 16 |
| Avtomat Kalashnikovs (all
models);
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| (ii) Action Arms Israeli Military Industries | 18 |
| UZI and Galil;
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| (iii) Beretta AR-70 (SC-70);
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| (iv) Colt AR-15;
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| (v) Fabrique Nationale FN/FAL, FN/LAR, and | 22 |
| FNC;
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| (vi) SWD M-10, M-11, M-11/9, and M-12;
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| (vii) Steyr AUG;
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| (viii) INTRATEC TEC-9, TEC-DC9, and TEC-22; | 2 |
| and
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| (ix) any shotgun which contains its ammunition | 4 |
| in a revolving
cylinder,
such as (but not limited | 5 |
| to) the Street Sweeper and Striker 12;
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| (B) a semiautomatic rifle that has an ability to | 7 |
| accept a detachable
magazine and has any of the | 8 |
| following:
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| (i) a folding or telescoping stock; | 10 |
| (ii) a pistol grip that protrudes | 11 |
| conspicuously beneath the action of
the weapon; or
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| (iii) a flash suppressor or barrel having a | 13 |
| threaded muzzle;
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| (C) a semi-automatic pistol that has an ability to | 15 |
| accept a detachable
magazine and has any of the | 16 |
| following:
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| (i) an ammunition magazine that attaches to | 18 |
| the pistol outside of the
pistol grip;
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| (ii) a barrel having a threaded muzzle;
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| (iii) a shroud that is attached to, or | 21 |
| partially or completely encircles
the barrel, and | 22 |
| that permits the shooter to hold the firearm with | 23 |
| the
non-trigger hand without being burned;
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| (iv) a manufactured weight of 50 ounces or more | 25 |
| when the pistol is
unloaded; or
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| (v) a semiautomatic version of an automatic | 27 |
| firearm;
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| (D) a semiautomatic shotgun that has any of the | 29 |
| following:
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| (i) a folding or telescoping stock;
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| (ii) a pistol grip that protrudes | 32 |
| conspicuously beneath the action of
the weapon, | 33 |
| except for a grip that is part of or mounted on a | 34 |
| weapon with a butt stock;
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| (iii) a fixed magazine capacity in excess of 5 | 2 |
| rounds; or
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| (iv) an ability to accept a detachable | 4 |
| magazine.
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| "Semiautomatic assault weapon" does not include:
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| (A) any firearm that:
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| (i) is manually operated by bolt, pump, lever | 8 |
| or slide action;
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| (ii) is an "unserviceable firearm" or has been | 10 |
| made permanently
inoperable;
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| (iii) is an antique firearm; or | 12 |
| (iv) is lawful for any hunting use permitted | 13 |
| under the Wildlife Code;
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| (B) any semiautomatic rifle that cannot accept a | 15 |
| detachable magazine that
holds more than 5 rounds of | 16 |
| ammunition;
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| (C) any semiautomatic shotgun that cannot hold | 18 |
| more than 5 rounds of
ammunition in a detachable | 19 |
| magazine; or | 20 |
| (D) any air rifle as defined in Section 1 of the | 21 |
| Air Rifle Act.
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| (2) "Assault weapon attachment" means any device | 23 |
| capable of being
attached to a firearm that is specifically | 24 |
| designed for making
or converting a firearm into any of the | 25 |
| firearms listed in
paragraph (1) of subsection (a) of this | 26 |
| Section.
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| (3) "Antique firearm" has the meaning ascribed to it in | 28 |
| 18 U.S.C.
Section 921(a)(16).
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| (4) ".50 caliber rifle" means a centerfire rifle | 30 |
| capable of firing
a .50 caliber cartridge. The term does | 31 |
| not include any antique firearm as defined in 18 U.S.C.
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| Section 921(a)(16), any shotgun including a shotgun that | 33 |
| has a rifled barrel, or a muzzle-loader used for "black | 34 |
| powder" hunting or battle re-enactments. |
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| (5) ".50 caliber cartridge" means a cartridge in .50 | 2 |
| caliber,
either by designation or actual measurement, | 3 |
| including but not limited to a .50 BMG cartridge,
that is | 4 |
| capable of being fired from a centerfire rifle. The term | 5 |
| ".50 caliber cartridge" does not
include any memorabilia or | 6 |
| display item that is filled with a permanent inert | 7 |
| substance or that is
otherwise permanently altered in a | 8 |
| manner that prevents ready modification for use as live
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| ammunition or shotgun ammunition with a caliber | 10 |
| measurement that is equal to or greater than .50 caliber.
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| (b) Except as provided in subsections (c) and (d), 90 days | 12 |
| after the
effective date of this
amendatory Act of the 94th | 13 |
| General Assembly,
it is unlawful for any person
within this | 14 |
| State, to knowingly
manufacture, deliver, sell, purchase, or | 15 |
| possess or cause to be manufactured, delivered, sold, | 16 |
| purchased, or
possessed, a semiautomatic assault weapon, an | 17 |
| assault weapon attachment, or any .50 caliber rifle.
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| (c) This Section does not apply to a person who possessed a | 19 |
| weapon or attachment prohibited by subsection (b) before the | 20 |
| effective date of this amendatory Act of the 94th General | 21 |
| Assembly. On or after the effective date of this amendatory Act | 22 |
| of the 94th General Assembly, such person may transfer such | 23 |
| weapon or attachment only to an heir, an individual residing in | 24 |
| another state maintaining that weapon in another state, or a | 25 |
| dealer licensed as a federal firearms dealer under Section 923 | 26 |
| of the federal Gun Control Act of 1968.
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| (d) This Section does not apply to or affect any of the | 28 |
| following: | 29 |
| (1) Peace officers as defined in Section 2-13 of this | 30 |
| Code and retired peace officers not otherwise prohibited | 31 |
| from receiving a firearm, in possession of a semiautomatic | 32 |
| assault weapon, assault weapon attachment, or .50 caliber | 33 |
| rifle transferred to the retired peace officer by his or | 34 |
| her law enforcement agency upon retirement. |
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| (2) Wardens, superintendents, and keepers of prisons, | 2 |
| penitentiaries,
jails, and other institutions for the | 3 |
| detention of persons accused or
convicted of an offense. | 4 |
| (3) Members of the Armed Services or Reserve Forces of | 5 |
| the United States
or the Illinois National Guard, while in | 6 |
| the performance of their official
duties or while traveling | 7 |
| to or from their place of duty. | 8 |
| (4) Manufacture, transportation, or sale of weapons or | 9 |
| attachments to persons
authorized under subdivisions (1) | 10 |
| through (3) of this subsection to
possess those items, if | 11 |
| the items are broken down in a
non-functioning state or are | 12 |
| not immediately accessible. | 13 |
| (5) Possession of a semi-automatic assault weapon, an | 14 |
| assault weapon attachment, or a .50 caliber rifle at events | 15 |
| taking place at the World Shooting and Recreational Complex | 16 |
| at Sparta, only while engaged in the legal use of the | 17 |
| firearm, or while traveling to or from this location.
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| (6) Possession of any firearm, as that term is defined | 19 |
| in Section 1.1 of the Firearm Owners Identification Card | 20 |
| Act, that is sanctioned
by the International Olympic | 21 |
| Committee and by USA Shooting, the
national governing body | 22 |
| for international shooting competition in the
United | 23 |
| States, and that is used for Olympic target shooting
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| purposes, and
that would otherwise fall within the | 25 |
| definition of "semi-automatic assault weapon"
pursuant to | 26 |
| this Section. | 27 |
| (e) Sentence.
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| (1) A person who knowingly manufactures, delivers, | 29 |
| sells, purchases, or possesses or causes to be | 30 |
| manufactured, delivered, sold, purchased, or possessed a | 31 |
| semiautomatic
assault weapon in violation of this Section | 32 |
| commits a Class 3 felony for a
first violation and a Class | 33 |
| 2 felony for a second or subsequent violation or
for the | 34 |
| possession or delivery of 2 or more of these weapons at the |
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| same time.
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| (2) A person who knowingly manufactures, delivers, | 3 |
| sells, purchases, or possesses or causes to be | 4 |
| manufactured, delivered, sold, purchased, or possessed in | 5 |
| violation of
this
Section an
assault weapon attachment | 6 |
| commits a Class 4 felony for a first
violation and a Class | 7 |
| 3 felony for a second or subsequent violation.
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| (3) A person who knowingly manufactures, delivers, | 9 |
| sells, purchases, or possesses or causes to be | 10 |
| manufactured, delivered, sold, purchased, or possessed in | 11 |
| violation of
this
Section a .50 caliber rifle commits a | 12 |
| Class 3 felony for a first violation and a Class 2 felony | 13 |
| for a second or subsequent violation or for the possession | 14 |
| or delivery of 2 or more of these weapons at the same time. | 15 |
| (720 ILCS 5/24-1.9 new)
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| Sec. 24-1.9. Manufacture, possession, and delivery of | 17 |
| large capacity
ammunition feeding devices.
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| (a) As used in this Section:
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| "Large capacity ammunition feeding device" means:
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| (1) a magazine, belt, drum, feed strip, or similar | 21 |
| device that has a
capacity of, or that can be readily | 22 |
| restored or converted to accept, more than
10 rounds of | 23 |
| ammunition; or
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| (2) any combination of parts from which a device | 25 |
| described in
paragraph (1) can be assembled.
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| "Large capacity ammunition feeding device" does not | 27 |
| include an attached
tubular device designed to accept, and
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| capable of operating only with, .22 caliber rimfire ammunition | 29 |
| or any device
that has been made permanently inoperable.
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| (b) Except as provided in subsections (c) and (d), it is | 31 |
| unlawful for any person
within this State, beginning 90 days | 32 |
| after the effective date of this
amendatory Act of the 94th | 33 |
| General Assembly, to knowingly
manufacture, deliver, sell, |
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LRB094 09150 RLC 56176 a |
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| purchase, or possess or cause to be manufactured, delivered, | 2 |
| sold, purchased, or
possessed, a large capacity ammunition
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| feeding
device.
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| (c) This Section does not apply to a person who possessed a | 5 |
| device prohibited by subsection (b) before the effective date | 6 |
| of this amendatory Act of the 94th General Assembly. On or | 7 |
| after the effective date of this amendatory Act of the 94th | 8 |
| General Assembly, such person may transfer such device only to | 9 |
| an heir, an individual residing in another state maintaining | 10 |
| that weapon in another state, or a dealer licensed as a federal | 11 |
| firearms dealer under Section 923 of the federal Gun Control | 12 |
| Act of 1968.
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| (d) This Section does not apply to or affect any of the | 14 |
| following: | 15 |
| (1) Peace officers as defined in Section 2-13 of this | 16 |
| Code and retired peace officers not otherwise prohibited | 17 |
| from receiving a firearm, in possession of a large capacity | 18 |
| ammunition feeding device transferred to the retired peace | 19 |
| officer by his or her law enforcement agency upon | 20 |
| retirement. | 21 |
| (2) Wardens, superintendents and keepers of prisons, | 22 |
| penitentiaries,
jails and other institutions for the | 23 |
| detention of persons accused or
convicted of an offense. | 24 |
| (3) Members of the Armed Services or Reserve Forces of | 25 |
| the United States
or the Illinois National Guard, while in | 26 |
| the performance of their official
duties or while traveling | 27 |
| to or from their place of duty. | 28 |
| (4) Manufacture, transportation, or sale of large | 29 |
| capacity ammunition feeding devices to persons
authorized | 30 |
| under subdivisions (1) through (3) of this subsection to
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| possess those devices, if the devices are broken down in a
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| non-functioning state or are not immediately accessible. | 33 |
| (5) Possession of a large capacity ammunition feeding | 34 |
| device at events taking place at the World Shooting and |
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LRB094 09150 RLC 56176 a |
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| Recreational Complex at Sparta, only while engaged in the | 2 |
| legal use of the firearm, or while traveling to or from | 3 |
| this location.
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| (e) Sentence.
A
person who knowingly manufactures, | 5 |
| delivers, sells, purchases, or possesses or causes to be | 6 |
| manufactured, delivered, sold, purchased, or possessed in | 7 |
| violation of this Section a large capacity
ammunition feeding | 8 |
| device capable of holding more than 17 rounds of ammunition
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| commits a Class 3 felony for a first violation and a Class 2 | 10 |
| felony for a
second or subsequent violation or for possession
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| or delivery of 2 or more of these
devices
at the same time. A | 12 |
| person who knowingly manufactures, delivers, sells, purchases, | 13 |
| or possesses or causes to be manufactured, delivered, sold, | 14 |
| purchased, or possessed in violation of this
Section a large | 15 |
| capacity ammunition feeding device capable of holding more than
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| 10 rounds but not more than 17 rounds of ammunition commits a | 17 |
| Class 4 felony
for a first violation and a Class 3 felony for a | 18 |
| second or subsequent violation
or for possession or delivery of | 19 |
| more than one of these devices at the same
time.
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| Section 95. Severability. The provisions of this Act are | 21 |
| severable under Section 1.31 of the Statute on Statutes. | 22 |
| Section 99. Effective date. This Act takes effect upon | 23 |
| becoming law.".
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