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Full Text of HB1263  97th General Assembly

HB1263sam005 97TH GENERAL ASSEMBLY

Sen. Antonio Muņoz

Filed: 1/2/2013

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1263

2    AMENDMENT NO. ______. Amend House Bill 1263, AS AMENDED, as
3follows:
 
4immediately above the enacting clause, by inserting the
5following:
 
6    "WHEREAS, the United States Supreme Court, in its decision
7in District of Columbia v. Heller (No. 07-290), found that the
8Second Amendment to the United States Constitution protects an
9individual right to possess a firearm, and to use that firearm
10for traditionally lawful purposes, including self-defense; and
 
11    WHEREAS, in that same decision, the United States Supreme
12Court also found that the individual right to possess and use a
13firearm was not unlimited, that the government has the ability
14to regulate the possession and use of firearms, and that this
15right "does not protect those weapons not typically possessed

 

 

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1by law abiding citizens for lawful purposes", and that the
2government may ban entirely "dangerous and unusual weapons";
3and
 
4    WHEREAS, the United States Supreme Court, in its decision
5in McDonald v. City of Chicago (No. 08-1521), found that its
6holding in the Heller case applied to the States, reiterating
7its findings regarding the validity of the regulation of the
8individual right to possess and use a firearm, and noting
9expressly that such incorporation of the holding in the Heller
10case via the Fourteenth Amendment to the United States
11Constitution "does not imperil every law regulating firearms";
12therefore"; and
 
13by replacing everything after the enacting clause with the
14following:
 
15
"ARTICLE 1. ILLINOIS SHOOTING RANGE LICENSING ACT

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

 

 

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

 

 

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

 

 

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1adopted pursuant thereto. The term "administrative decision"
2is defined as in Section 3-101 of the Code of Civil Procedure.
 
3    Section 1-20. Firearms Owner's Identification Card.
4    (a) Only a holder of a valid Firearm Owner's Identification
5Card may discharge a firearm on a shooting range licensed under
6this Act.
7    (b) No shooting range operator shall permit an individual
8to discharge a firearm on a shooting range licensed under this
9Act, until that individual shall have first displayed a valid
10Firearm Owner's Identification Card to the shooting range
11operator or to the range safety officer.
 
12    Section 1-25. Exemptions. This Act shall not apply to a
13shooting range that is:
14    (a) Located on private land that is not open to the public.
15    (b) Located on land owned by clubs or other organizations
16that is open only to members of the club or other organization
17and their invited guests.
18    (c) Configured for use in trapshooting, skeet shooting, or
19sporting clays.
20    (d) Used solely by peace officers, as defined in Section
212-13 of the Criminal Code of 2012.
22    (e) Used solely by correctional officers employed by the
23Department of Corrections, or by county correctional officers
24or court security officers, as defined in Section 2 of the

 

 

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1Illinois Police Training Act.
2    (f) Used solely by members of the Armed Services or Reserve
3Forces of the United States or the Illinois National Guard,
4while in the performance of their official duties.
5    (g) Used solely for air rifles, as defined by Section
624.8-0.1 of the Criminal Code of 2012.
 
7    Section 1-30. Sentence. A person who violates any provision
8of this Act, or the rules promulgated under this Act, is guilty
9of a petty offense for a first violation. A second or
10subsequent violation of this Act, or the rules promulgated
11under this Act, is a Class A misdemeanor, and may be grounds
12for the revocation of the license of the shooting range by the
13Department.
 
14    Section 1-35. Home rule. A home rule unit may not regulate
15or license shooting ranges or shooting range operators in a
16manner more restrictive than the regulation by the Department
17of shooting ranges under this Act. This Section is a limitation
18on home rule powers and functions under subsection (i) of
19Section 6 of Article VII of the Illinois Constitution on the
20concurrent exercise by home rule units of powers and functions
21exercised by the State. Nothing in this Section shall be
22construed to limit the zoning authority of any home rule unit.
 
23
ARTICLE 5.

 

 

 

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1    Section 5-5. The Criminal Code of 2012 is amended by adding
2Sections 24-1.9 and 24-4.1 as follows:
 
3    (720 ILCS 5/24-1.9 new)
4    Sec. 24-1.9. Possession, delivery, sale, and purchase of
5semi-automatic assault weapons, assault weapon attachments,
6.50 caliber rifles, and .50 caliber cartridges.
7    (a) Definitions. In this Section:
8        (1) "Semi-automatic assault weapon" means:
9            (A) any of the firearms or types, replicas, or
10        duplicates in any caliber of the firearms, known as:
11                (i) Norinco, Mitchell, and Poly Technologies
12            Avtomat Kalashnikovs (all models);
13                (ii) Action Arms Israeli Military Industries
14            UZI and Galil;
15                (iii) Beretta AR-70 (SC-70);
16                (iv) Colt AR-15;
17                (v) Fabrique Nationale FN/FAL, FN/LAR, and
18            FNC;
19                (vi) SWD M-10, M-11, M-11/9, and M-12;
20                (vii) Steyr AUG;
21                (viii) INTRATEC TEC-9, TEC-DC9, and TEC-22;
22            and
23                (ix) any shotgun which contains its ammunition
24            in a revolving cylinder, such as (but not limited

 

 

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1            to) the Street Sweeper and Striker 12;
2            (B) a semi-automatic rifle or pump-action rifle
3        that has an ability to accept a detachable magazine and
4        has any of the following:
5                (i) a folding or telescoping stock;
6                (ii) a pistol grip or thumbhole stock;
7                (iii) a shroud that is attached to, or
8            partially or completely encircles the barrel, and
9            that permits the shooter to hold the firearm with
10            the non-trigger hand without being burned;
11            (C) a semi-automatic pistol that has an ability to
12        accept a detachable magazine and has any of the
13        following:
14                (i) a folding, telescoping, or thumbhole
15            stock;
16                (ii) a shroud that is attached to, or partially
17            or completely encircles the barrel, and that
18            permits the shooter to hold the firearm with the
19            non-trigger hand without being burned;
20                (iii) an ammunition magazine that attaches to
21            the pistol outside of the pistol grip;
22                (iv) a manufactured weight of 50 ounces or more
23            when the pistol is unloaded; or
24                (v) a semi-automatic version of an automatic
25            firearm;
26            (C-1) a semi-automatic rifle or pistol with a fixed

 

 

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1        magazine that has the capacity to accept more than 10
2        rounds of ammunition;
3            (C-2) a semi-automatic rifle or a pistol with the
4        capacity to accept a detachable magazine, a muzzle
5        brake, or muzzle compensator;
6            (D) a semi-automatic shotgun that has any of the
7        following:
8                (i) a folding or telescoping stock;
9                (ii) a pistol grip or thumbhole stock;
10                (iii) a fixed magazine capacity in excess of 5
11            rounds; or
12                (iv) an ability to accept a detachable
13            magazine.
14                "Semi-automatic assault weapon" does not
15            include:
16            (A) any firearm that:
17                (i) is manually operated by bolt, pump, lever,
18            or slide action;
19                (ii) is an unserviceable firearm or has been
20            made permanently inoperable, as defined by 27
21            C.F.R. 478.11;
22                (iii) is an antique firearm; or
23                (iv) is a rifle with a fixed tubular magazine
24            located under the barrel that is only capable of
25            holding rounds of ammunition placed end to end;
26            (B) any air rifle as defined in Section 24.8-0.1 of

 

 

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1        this Code.
2    For the purposes of this Section, a firearm is considered
3to have the ability to accept a detachable magazine unless the
4magazine or ammunition feeding device can only be removed
5through disassembly of the firearm action.
6        (2) "Assault weapon attachment" means any device
7    capable of being attached to a firearm that is specifically
8    designed for, or when installed will have the effect of,
9    making or converting a firearm into any of the firearms
10    listed in paragraph (1) of subsection (a) of this Section.
11        (3) "Antique firearm" has the meaning ascribed to it in
12    18 U.S.C. Section 921 (a)(16).
13        (4) ".50 caliber rifle" means a centerfire rifle
14    capable of firing a .50 caliber cartridge. The term does
15    not include any antique firearm as defined in 18 U.S.C.
16    Section 921 (a)(16), any shotgun including a shotgun that
17    has a rifle barrel, or any muzzle loading rifle or shotgun
18    which is designed to use black powder, or a black powder
19    substitute, and which cannot use fixed ammunition.
20        (5) ".50 caliber cartridge" means a cartridge in .50
21    BMG caliber, as defined by the North Atlantic Treaty
22    Organization's Standardization Agreement 4383, either by
23    designation or actual measurement, that is capable of being
24    fired from a centerfire rifle. The term ".50 caliber
25    cartridge" does not include any memorabilia or display item
26    that is filled with a permanent inert substance or that is

 

 

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1    otherwise permanently altered in a manner that prevents
2    ready modification for use as live ammunition or shotgun
3    ammunition with a caliber measurement that is equal to or
4    greater than .50 caliber.
5        (6) "Pistol grip" includes any feature of a rifle,
6    shotgun, or pistol capable of functioning as a protruding
7    grip that can be held by the non-trigger hand.
8    (b) Except as provided in subsections (c) and (d), 90 days
9after January 1, 2014, it is unlawful for any person within
10this State to knowingly deliver, sell, purchase, or possess or
11cause to be delivered, sold, purchased, or possessed, directly
12or indirectly, a semi-automatic assault weapon, an assault
13weapon attachment, any .50 caliber rifle, or .50 caliber
14cartridge.
15    (c) This Section does not apply to a person who possessed a
16weapon or attachment prohibited by subsection (b) before
17January 1, 2014, provided that the person has provided proof of
18ownership, his or her name, and other identifying information
19to the Department of State Police, as required by the
20Department, within 90 days after January 1, 2014. On or after
21January 1, 2014, the person may transfer the weapon or
22attachment only to an heir, an individual residing in another
23state maintaining that weapon in another state, or a dealer
24licensed as a federal firearms dealer under Section 923 of the
25federal Gun Control Act of 1968. Within 10 days after transfer
26of the weapon or attachment, the person shall notify the

 

 

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1Department of State Police of the name and address of the
2transferee and comply with the requirements of subsection (b)
3of Section 3 of the Firearm Owners Identification Card Act. The
4Department shall promulgate any rules it may deem necessary to
5carry out the provisions of this subsection, including the
6establishment of fees charged and collected for collecting and
7maintaining the information required to be provided under this
8subsection.
9    (d) This Section does not apply to or affect any of the
10following:
11        (1) Peace officers as defined in Section 2-13 of this
12    Code.
13        (2) 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        (3) Members of the Armed Services or Reserve Forces of
17    the United States or the Illinois National Guard, while in
18    the performance of their official duties or while traveling
19    to or from their place of duty.
20        (4) The manufacture, transportation, or distribution
21    of weapons, attachments, or ammunition.
22        (5) The sale of weapons, attachments, or ammunition to
23    persons authorized to possess those items under
24    subdivisions (1) through (3) or subdivision (7) of this
25    subsection.
26        (6) The manufacture, transportation, distribution, or

 

 

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1    sale of weapons, attachments, or ammunition for sale or
2    transfer in another state.
3        (7) The possession of any firearm if that firearm is
4    sanctioned by the International Olympic Committee and by
5    USA Shooting, the national governing body for
6    international shooting competition in the United States,
7    but only when the firearm is in the actual possession of an
8    Olympic target shooting competitor or target shooting
9    coach for the purpose of storage, transporting to and from
10    Olympic target shooting practice or events if the firearm
11    is broken down in a non-functioning state, is not
12    immediately accessible, or is unloaded and enclosed in a
13    case, firearm carrying box, shipping box, or other
14    container, and when the Olympic target shooting competitor
15    or target shooting coach is engaging in those practices or
16    events. For the purposes of this paragraph (7), "firearm"
17    is defined in Section 1.1 of the Firearm Owners
18    Identification Card Act.
19        (8) The possession of a semi-automatic assault weapon,
20    an assault weapon attachment, a .50 caliber rifle, or a .50
21    caliber cartridge at events taking place at the World
22    Shooting and Recreational Complex at Sparta, only while
23    engaged in the legal use of the firearm or attachment, or
24    while traveling to or from this location if the items are
25    broken down in a non-functioning state, or are not
26    immediately accessible, or are unloaded and enclosed in a

 

 

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1    case, firearm carrying box, shipping box, or other
2    container.
3        (9) The possession of a semi-automatic assault weapon,
4    an assault weapon attachment, a .50 caliber rifle, or a .50
5    caliber cartridge only for a hunting use expressly
6    permitted under the Wildlife Code, or while traveling to or
7    from a location authorized for such hunting use under the
8    Wildlife Code if the items are broken down in a
9    non-functioning state, or are not immediately accessible,
10    or are unloaded and enclosed in a case, firearm carrying
11    box, shipping box, or other container.
12        (10) The manufacture, transportation, possession,
13    sale, or rental of blank-firing semi-automatic assault
14    weapons and .50 caliber rifles, or the weapons' respective
15    attachments, to persons authorized or permitted, or both
16    authorized and permitted to acquire and possess such
17    weapons for the purposes of rental for use solely as props
18    for a motion picture, television, or video production or
19    entertainment event.
20    (e) Shooting Ranges.
21        (1) A shooting range operator may deliver, sell,
22    purchase, or possess a semi-automatic assault weapon, or an
23    assault weapon attachment, for the purpose of operating,
24    using, or storing the same on the shooting range owned or
25    operated by the shooting range operator, including
26    traveling to and from the shooting range for purposes of

 

 

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1    purchase, sale, repair, or valuation of the semi-automatic
2    assault weapon or assault weapon attachment. The delivery
3    or sale of a semi-automatic assault weapon, or an assault
4    weapon attachment, by a shooting range operator may only be
5    to a person who may otherwise lawfully possess the
6    semi-automatic assault weapon or assault weapon
7    attachment.
8        (2) Notwithstanding any provision of this Section to
9    the contrary, a holder of a valid Firearm Owner's
10    Identification Card may possess, operate, and use a
11    semi-automatic assault weapon or an assault weapon
12    attachment leased from a shooting range operator, while on
13    the shooting range owned or operated by the shooting range
14    operator. A shooting range operator may lease the use of a
15    semi-automatic assault weapon, or an assault weapon
16    attachment, to a holder of a valid Firearm Owner's
17    Identification Card for the purpose of operating or using
18    the same on the shooting range owned or operated by the
19    shooting range operator. A leased semi-automatic assault
20    weapon or an assault weapon attachment may not be removed
21    from the shooting range by the individual leasing the
22    semi-automatic assault weapon or assault weapon
23    attachment.
24        (3) A shooting range operator must register any
25    semi-automatic assault weapons or assault weapon
26    attachments owned as provided for under subsection (c). A

 

 

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

 

 

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1    felony for a first violation and a Class 3 felony for a
2    second or subsequent violation.
3        (3) A person who knowingly delivers, sells, purchases,
4    or possesses or causes to be delivered, sold, purchased, or
5    possessed, directly or indirectly, in violation of this
6    Section a .50 caliber rifle commits a Class 3 felony for a
7    first violation and a Class 2 felony for a second or
8    subsequent violation or for the possession or delivery of 2
9    or more of these weapons at the same time.
10        (4) A person who knowingly delivers, sells, purchases,
11    or possesses or causes to be delivered, sold, purchased, or
12    possessed, directly or indirectly, in violation of this
13    Section a .50 caliber cartridge commits a Class A
14    misdemeanor.
15        (5) Any other violation of this Section is a Class A
16    misdemeanor.
 
17    (720 ILCS 5/24-4.1 new)
18    Sec. 24-4.1. Report of lost or stolen semi-automatic
19assault weapons, assault weapon attachment, .50 caliber rifle,
20or .50 caliber cartridge.
21    (a-5) A person who possesses a valid Firearm Owner's
22Identification Card and who possesses or acquires a
23semi-automatic assault weapon, an assault weapon attachment, a
24.50 caliber rifle, or a .50 caliber cartridge and thereafter
25loses or misplaces the semi-automatic assault weapon, assault

 

 

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1weapon attachment, .50 caliber rifle, or .50 caliber cartridge
2or the semi-automatic assault weapon, assault weapon
3attachment, .50 caliber rifle, or .50 caliber cartridge is
4stolen from the person, the person must report the loss or
5theft to the local law enforcement agency within 72 hours after
6obtaining knowledge of the loss or theft.
7    (b) Sentence. A person who violates this Section is guilty
8of a petty offense for a first violation. A second violation of
9this Section is a Class A misdemeanor. A third or subsequent
10violation of this Section is a Class 4 felony.
 
11
ARTICLE 9.

 
12    Section 9-97. Severability. The provisions of this Act are
13severable under Section 1.31 of the Statute on Statutes.
 
14    Section 9-99. Effective date. This Act takes effect January
151, 2014.".