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Full Text of SB1007  95th General Assembly

SB1007sam001 95TH GENERAL ASSEMBLY

Sen. Dan Kotowski

Filed: 5/1/2007

 

 


 

 


 
09500SB1007sam001 LRB095 05881 RLC 35717 a

1
AMENDMENT TO SENATE BILL 1007

2     AMENDMENT NO. ______. Amend Senate Bill 1007 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Criminal Code of 1961 is amended by adding
5 Section 24-1.8 as follows:
 
6     (720 ILCS 5/24-1.8 new)
7     Sec. 24-1.8. Manufacture, possession, delivery, sale, and
8 purchase of large capacity ammunition feeding devices.
9     (a) As used in this Section:
10     "Large capacity ammunition feeding device" means:
11         (1) a detachable magazine, belt, drum, feed strip, or
12     similar device that has a capacity of, or that can be
13     readily restored or converted to accept, more than 10
14     rounds of ammunition; or
15         (2) any combination of parts from which a device
16     described in paragraph (1) can be assembled.

 

 

09500SB1007sam001 - 2 - LRB095 05881 RLC 35717 a

1     "Large capacity ammunition feeding device" does not
2 include an attached tubular device designed to accept, and
3 capable of operating only with, .22 caliber rimfire ammunition,
4 any device designed to be used with an antique firearm as
5 defined in 27 C.F.R. 478.11, any device designed to be used
6 with a muzzle-loading firearm used for "black powder" hunting,
7 any device designed as a reproduction of a historical piece of
8 military equipment for use in battle re-enactments, or any
9 device that has been made permanently inoperable.
10     (b) Except as provided in subsections (c) and (d), it is
11 unlawful for any person within this State, beginning 90 days
12 after the effective date of this amendatory Act of the 95th
13 General Assembly, to knowingly manufacture, deliver, sell,
14 purchase, or possess or cause to be manufactured, delivered,
15 sold, purchased, or possessed, a large capacity ammunition
16 feeding device.
17     (c) This Section does not apply to a person who possessed a
18 device prohibited by subsection (b) before the effective date
19 of this amendatory Act of the 95th General Assembly. On or
20 after the effective date of this amendatory Act of the 95th
21 General Assembly, such person may transfer such device only to
22 an heir, an individual residing in another state maintaining
23 that device in another state, or a dealer licensed as a federal
24 firearms dealer under Section 923 of the federal Gun Control
25 Act of 1968.
26     (d) This Section does not apply to or affect any of the

 

 

09500SB1007sam001 - 3 - LRB095 05881 RLC 35717 a

1 following:
2         (1) Peace officers as defined in Section 2-13 of this
3     Code and retired peace officers not otherwise prohibited
4     from receiving a firearm, in possession of a large capacity
5     ammunition feeding device transferred to the retired peace
6     officer by his or her law enforcement agency upon
7     retirement.
8         (2) 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         (3) 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         (4) Manufacture, transportation, or sale of large
16     capacity ammunition feeding devices to persons authorized
17     under subdivisions (1) through (3) of this subsection to
18     possess those items.
19         (5) Possession of a large capacity ammunition feeding
20     device at events taking place at the World Shooting and
21     Recreational Complex at Sparta, only while engaged in the
22     legal use of the device, or while traveling to or from this
23     location if the items are broken down in a non-functioning
24     state, or are not immediately accessible, or are unloaded
25     and enclosed in a case, firearm carrying box, shipping box,
26     or other container.

 

 

09500SB1007sam001 - 4 - LRB095 05881 RLC 35717 a

1         (6) Possession of any large capacity ammunition
2     feeding device if that large capacity ammunition feeding
3     device is sanctioned by the International Olympic
4     Committee and by USA Shooting, the national governing body
5     for international shooting competition in the United
6     States, but only when the large capacity ammunition feeding
7     device is in the actual possession of an Olympic target
8     shooting competitor or target shooting coach for the
9     purpose of storage, transporting to and from Olympic target
10     shooting practice or events if the device is broken down in
11     a non-functioning state, is not immediately accessible, or
12     is unloaded and enclosed in a case, firearm carrying box,
13     shipping box, or other container, and when the Olympic
14     target shooting competitor or target shooting coach is
15     engaging in those practices or events.
16         (7) Possession of a large capacity ammunition feeding
17     device only for a hunting use expressly permitted under the
18     Wildlife Code, or while traveling to or from a location
19     authorized for such hunting use under the Wildlife Code if
20     the items are broken down in a non-functioning state, or
21     are not immediately accessible, or are unloaded and
22     enclosed in a case, firearm carrying box, shipping box, or
23     other container.
24         (8) Manufacture, transportation, possession, sale, or
25     rental of large capacity ammunition feeding devices to
26     persons authorized or permitted, or both authorized and

 

 

09500SB1007sam001 - 5 - LRB095 05881 RLC 35717 a

1     permitted to acquire and possess such devices for the
2     purpose of rental for use solely as props for a motion
3     picture, television, or video production or entertainment
4     event.
5     (e) Sentence. A person who knowingly manufactures,
6 delivers, sells, purchases, or possesses or causes to be
7 manufactured, delivered, sold, purchased, or possessed in
8 violation of this Section a large capacity ammunition feeding
9 device commits a Class A misdemeanor for a first violation; a
10 Class 4 felony for a second violation; and a Class 3 felony for
11 a third or subsequent violation or for possession or delivery
12 of more than one of these devices at the same time.
 
13     Section 97. Severability. The provisions of this Act are
14 severable under Section 1.31 of the Statute on Statutes.
 
15     Section 99. Effective date. This Act takes effect upon
16 becoming law.".