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Full Text of HB0815  97th General Assembly

HB0815sam001 97TH GENERAL ASSEMBLY

Sen. Dan Kotowski

Filed: 1/2/2013

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 815

2    AMENDMENT NO. ______. Amend House Bill 815 as follows:
 
3immediately above the enacting clause, by inserting the
4following:
 
5    "WHEREAS, the United States Supreme Court, in its decision
6in District of Columbia v. Heller (No. 07-290), found that the
7Second Amendment to the United States Constitution protects an
8individual right to possess a firearm, and to use that firearm
9for traditionally lawful purposes, including self-defense; and
 
10    WHEREAS, in that same decision, the United States Supreme
11Court also found that the individual right to possess and use a
12firearm was not unlimited, that the government has the ability
13to regulate the possession and use of firearms, and that this
14right "does not protect those weapons not typically possessed
15by law abiding citizens for lawful purposes", and that the

 

 

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1government may ban entirely "dangerous and unusual weapons";
2and
 
3    WHEREAS, the United States Supreme Court, in its decision
4in McDonald v. City of Chicago (No. 08-1521), found that its
5holding in the Heller case applied to the States, reiterating
6its findings regarding the validity of the regulation of the
7individual right to possess and use a firearm, and noting
8expressly that such incorporation of the holding in the Heller
9case via the Fourteenth Amendment to the United States
10Constitution "does not imperil every law regulating firearms";
11therefore"; and
 
12by replacing everything after the enacting clause with the
13following:
 
14
"ARTICLE 1. ILLINOIS SHOOTING RANGE LICENSING ACT.

 
15    Section 1-1. Short title. This Act shall be known as the
16Illinois Shooting Range Licensing Act.
 
17    Section 1-5. Definitions.
18    "Department" means the Department of State Police.
19    "Director" means the Director of State Police.
20    "Firearm" has the meaning provided in Section 1.1 of the
21Firearm Owners Identification Card Act.

 

 

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1    "Range safety officer" means a person who possesses the
2knowledge, skills, and aptitude essential to organizing,
3conducting and supervising safe shooting range activities, and
4who is certified under the National Rifle Association's Range
5Safety Officer Program or other equivalent
6nationally-recognized range safety officer certification.
7    "Shooting range" means a specialized facility designed for
8firearms practice.
9    "Shooting range activities" means target shooting and any
10other activities conducted at a shooting range involving the
11discharge or other use of firearms.
12    "Shooting range operator" means a person who is licensed as
13a federal firearms dealer under Section 923 of the federal Gun
14Control Act of 1968, and who owns or operates a shooting range
15licensed by the Department under this Act.
 
16    Section 1-10. Shooting ranges and shooting range
17operators.
18    (a) Beginning on January 1, 2014, no person may own or
19operate a shooting range that is open to the public unless that
20shooting range has been issued a license by the Director under
21this Act.
22    (b) The Department shall license shooting ranges and shall
23promulgate rules regarding the standards for the ownership,
24safety, and operation of shooting ranges licensed under this
25Act, which at a minimum shall require that at all shooting

 

 

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1range activities conducted at a licensed shooting range by
2persons other than the shooting range operator, or his or her
3immediate family, shall be carried out under the supervision of
4a range safety officer. The Department shall create standards
5for both indoor and outdoor shooting ranges, which shall
6include, at a minimum, the space required for each type of
7shooting range, and the nature and composition of the backstop,
8bullet trap, or berm required for each type of shooting range.
9The Department may develop standards for indoor and outdoor
10shooting ranges that include maximum caliber ratings and
11whether magnum and other high-powered bullets can be safely
12fired into a given backstop, bullet trap, or berm. The
13Department shall promulgate any other rules it may deem
14necessary to carry out the provisions of this Act, including
15the establishment of fees charged and collected for licensing
16and the duration of licenses issued under this Act.
 
17    Section 1-15. Judicial review of final administrative
18decisions. All final administrative decisions of the
19Department under this Act, including final administrative
20decisions of the Director of State Police to deny an
21application for licensure for a shooting range, or to revoke
22the license of a shooting range, shall be subject to judicial
23review under the provisions of the Administrative Review Law,
24and all amendments and modifications thereof, and the rules
25adopted pursuant thereto. The term "administrative decision"

 

 

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1is defined as in Section 3-101 of the Code of Civil Procedure.
 
2    Section 1-20. Firearms Owner's Identification Card.
3    (a) Only a holder of valid Firearm Owner's Identification
4Card may discharge a firearm on a shooting range licensed under
5this Act.
6    (b) No shooting range operator shall permit an individual
7to discharge a firearm on a shooting range licensed under this
8Act, until that individual shall have first displayed a valid
9Firearm Owner's Identification Card to the shooting range
10operator or to the range safety officer.
 
11    Section 1-25. Exemptions. This Act shall not apply to a
12shooting range that is:
13    (a) Located on private land that is not open to the public.
14    (b) Located on land owned by clubs or other organizations
15that is open only to members of the club or other organization
16and their invited guests.
17    (c) Configured for use in trapshooting, skeet shooting, or
18sporting clays.
19    (d) Used solely by peace officers, as defined in Section
202-13 of the Criminal Code of 2012.
21    (e) Used solely by correctional officers employed by the
22Department of Corrections, or by county correctional officers
23or court security officers, as defined in Section 2 of the
24Illinois Police Training Act.

 

 

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1    (f) Used solely by members of the Armed Services or Reserve
2Forces of the United States or the Illinois National Guard,
3while in the performance of their official duties.
4    (g) Used solely for air rifles, as defined by Section
524.8-0.1 of the Criminal Code of 2012.
 
6    Section 1-30. Sentence. A person who violates any provision
7of this Act, or the rules promulgated under this Act, is guilty
8of a petty offense for a first violation. A second or
9subsequent violation of this Act, or the rules promulgated
10under this Act, is a Class A misdemeanor, and may be grounds
11for the revocation of the license of the shooting range by the
12Department.
 
13    Section 1-35. Home rule. A home rule unit may not regulate
14or license shooting ranges or shooting range operators in a
15manner more restrictive than the regulation by the Department
16of shooting ranges under this Act. This Section is a limitation
17on home rule powers and functions under subsection (i) of
18Section 6 of Article VII of the Illinois Constitution on the
19concurrent exercise by home rule units of powers and functions
20exercised by the State. Nothing in this Section shall be
21construed to limit the zoning authority of any home rule unit.
 
22
ARTICLE 5.

 

 

 

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1    Section 5-5. The Criminal Code of 2012 is amended by adding
2Sections 24-1.10, and 24-4.1 as follows:
 
3    (720 ILCS 5/24-1.10 new)
4    Sec. 24-1.10. Possession, delivery, sale, and purchase of
5large 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
15include a rifle with a fixed tubular magazine located under the
16barrel that is only capable of holding rounds of ammunition
17placed end to end. For purposes of this Section, a fixed
18magazine is one that can only be removed through disassembly of
19the firearm action. "Large capacity ammunition feeding device"
20does not include a tubular magazine that is contained in a
21lever-action firearm or any device that has been made
22permanently inoperable.
23    (b) Except as provided in subsections (c) and (d), it is
24unlawful for any person within this State, beginning 90 days
25after January 1, 2014, to knowingly deliver, sell, purchase, or

 

 

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1possess or cause to be delivered, sold, purchased, or
2possessed, directly or indirectly, a large capacity ammunition
3feeding device.
4    (c) This Section does not apply to a person who possessed a
5device prohibited by subsection (b) before January 1, 2014,
6provided that the person has provided proof of ownership, his
7or her name, and other identifying information to the
8Department of State Police, as required by the Department,
9within 90 days after January 1, 2014. On or after January 1,
102014, the person may transfer the device only to an heir, an
11individual residing in another state maintaining that device in
12another state, or a dealer licensed as a federal firearms
13dealer under Section 923 of the federal Gun Control Act of
141968. Within 10 days after transfer of the device, the person
15shall notify the Department of State Police of the name and
16address of the transferee and comply with the requirements of
17subsection (b) of Section 3 of the Firearm Owners
18Identification Card Act. The Department shall promulgate any
19rules it may deem necessary to carry out the provisions of this
20subsection, including the establishment of fees charged and
21collected for collecting and maintaining the information
22required to be provided under this subsection.
23    (d) This Section does not apply to or affect any of the
24following:
25        (1) Peace officers as defined in Section 2-13 of this
26    Code.

 

 

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1        (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) The manufacture, transportation, or distribution
9    of large capacity ammunition feeding devices.
10        (5) The sale of large capacity ammunition feeding
11    devices to persons authorized under subdivisions (1)
12    through (3) or subdivision (7) of this subsection to
13    possess those items.
14        (6) The manufacture, transportation, or sale of large
15    capacity ammunition feeding devices for sale or transfer in
16    another state.
17        (7) The possession of any large capacity ammunition
18    feeding device if that large capacity ammunition feeding
19    device is sanctioned by the International Olympic
20    Committee and by USA Shooting, the national governing body
21    for international shooting competition in the United
22    States, but only when the large capacity ammunition feeding
23    device is in the actual possession of an Olympic target
24    shooting competitor or target shooting coach for the
25    purpose of storage, transporting to and from Olympic target
26    shooting practice or events if the device is broken down in

 

 

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1    a non-functioning state, is not immediately accessible, or
2    is unloaded and enclosed in a case, firearm carrying box,
3    shipping box, or other container, and when the Olympic
4    target shooting competitor or target shooting coach is
5    engaging in those practices or events.
6        (8) The possession of a large capacity ammunition
7    feeding device at events taking place at the World Shooting
8    and Recreational Complex at Sparta, only while engaged in
9    the legal use of the device, or while traveling to or from
10    this location if the items are broken down in a
11    non-functioning state, or are not immediately accessible,
12    or are unloaded and enclosed in a case, firearm carrying
13    box, shipping box, or other container.
14        (9) The possession of a large capacity ammunition
15    feeding device only for a hunting use expressly permitted
16    under the Wildlife Code, or while traveling to or from a
17    location authorized for such hunting use under the Wildlife
18    Code if the items are broken down in a non-functioning
19    state, or are not immediately accessible, or are unloaded
20    and enclosed in a case, firearm carrying box, shipping box,
21    or other container.
22        (10) The manufacture, transportation, possession,
23    sale, or rental of blank-firing large capacity ammunition
24    feeding device to persons authorized or permitted, or both
25    authorized and permitted to acquire and possess such
26    devices for the purposes of rental for use solely as props

 

 

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1    for a motion picture, television, or video production or
2    entertainment event.
3    (e) Shooting Ranges.
4        (1) A shooting range operator may deliver, sell,
5    purchase, or possess a large capacity ammunition feeding
6    device for the purpose of operating, using or storing the
7    same on the shooting range owned or operated by the
8    shooting range operator, including traveling to and from
9    the shooting range for purposes of purchase, sale, repair,
10    or valuation of the large capacity ammunition feeding
11    device. The delivery or sale of a large capacity ammunition
12    feeding device by a shooting range operator may only be to
13    a person who may otherwise lawfully possess the device.
14        (2) Notwithstanding any provision of this Section to
15    the contrary, a holder of a valid Firearm Owner's
16    Identification Card may possess, operate and use a large
17    capacity ammunition feeding device leased from a shooting
18    range operator, while on the shooting range owned or
19    operated by the shooting range operator. A shooting range
20    operator may lease the use of a large capacity ammunition
21    feeding device to a holder of a valid Firearm Owner's
22    Identification Card for the purpose of operating or using
23    the same on the shooting range owned or operated by the
24    shooting range operator. A large capacity ammunition
25    feeding device so leased may not be removed from the
26    shooting range by the individual leasing the large capacity

 

 

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1    ammunition feeding device.
2        (3) A shooting range operator must register any large
3    capacity ammunition feeding devices owned as provided for
4    under subsection (c). A shooting range operator may acquire
5    large capacity ammunition feeding devices after January 1,
6    2014, and any large capacity ammunition feeding devices so
7    acquired must also be registered as provided for under
8    subsection (c).
9        (4) For purposes of this subsection:
10            (i) "Shooting range operator" means a person who is
11        licensed as a federal firearms dealer under Section 923
12        of the federal Gun Control Act of 1968, and who owns or
13        operates a shooting range licensed under the Illinois
14        Shooting Range Licensing Act.
15            (ii) "Shooting range" means a shooting range
16        licensed under the Illinois Shooting Range Licensing
17        Act.
18    (f) Sentence. A person who knowingly delivers, sells,
19purchases, or possesses or causes to be delivered, sold,
20purchased, or possessed, directly or indirectly, in violation
21of this Section a large capacity ammunition feeding device
22capable of holding more than 10 rounds of ammunition commits a
23Class 3 felony for a first violation and a Class 2 felony for a
24second or subsequent violation or for possession or delivery of
252 or more of these devices at the same time. Any other
26violation of this Section is a Class A misdemeanor.
 

 

 

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1    (720 ILCS 5/24-4.1 new)
2    Sec. 24-4.1. Report of lost or stolen large capacity
3ammunition feeding device.
4    (a) A person who possesses a valid Firearm Owner's
5Identification Card and who possesses or acquires a large
6capacity ammunition feeding device and thereafter loses or
7misplaces the large capacity ammunition feeding device, or the
8large capacity ammunition feeding device is stolen from the
9person, the person must report the loss or theft to the local
10law enforcement agency within 72 hours after obtaining
11knowledge of the loss or theft.
12    (b) Sentence. A person who violates this Section is guilty
13of a petty offense for a first violation. A second violation of
14this Section is a Class A misdemeanor. A third or subsequent
15violation of this Section is a Class 4 felony.
 
16
ARTICLE 9.

 
17    Section 9-97. Severability. The provisions of this Act are
18severable under Section 1.31 of the Statute on Statutes.
 
19    Section 9-99. Effective date. This Act takes effect January
201, 2014.".