SB1007 Engrossed LRB095 05881 RLC 25972 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
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.
17     "Large capacity ammunition feeding device" does not
18 include an attached tubular device designed to accept, and
19 capable of operating only with, .22 caliber rimfire ammunition,
20 any device designed to be used with an antique firearm as
21 defined in 27 C.F.R. 478.11, any device designed to be used
22 with a muzzle-loading firearm used for "black powder" hunting,
23 any device designed as a reproduction of a historical piece of

 

 

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1 military equipment for use in battle re-enactments, or any
2 device that has been made permanently inoperable.
3     (b) Except as provided in subsections (c) and (d), it is
4 unlawful for any person within this State, beginning 90 days
5 after the effective date of this amendatory Act of the 95th
6 General Assembly, to knowingly manufacture, deliver, sell,
7 purchase, or possess or cause to be manufactured, delivered,
8 sold, purchased, or possessed, a large capacity ammunition
9 feeding device.
10     (c) This Section does not apply to a person who possessed a
11 device prohibited by subsection (b) before the effective date
12 of this amendatory Act of the 95th General Assembly. On or
13 after the effective date of this amendatory Act of the 95th
14 General Assembly, such person may transfer such device only to
15 an heir, an individual residing in another state maintaining
16 that device in another state, or a dealer licensed as a federal
17 firearms dealer under Section 923 of the federal Gun Control
18 Act of 1968.
19     (d) This Section does not apply to or affect any of the
20 following:
21         (1) Peace officers as defined in Section 2-13 of this
22     Code and retired peace officers not otherwise prohibited
23     from receiving a firearm, in possession of a large capacity
24     ammunition feeding device transferred to the retired peace
25     officer by his or her law enforcement agency upon
26     retirement.

 

 

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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) Manufacture, transportation, or sale of large
9     capacity ammunition feeding devices to persons authorized
10     under subdivisions (1) through (3) of this subsection to
11     possess those items.
12         (5) Possession of a large capacity ammunition feeding
13     device at events taking place at the World Shooting and
14     Recreational Complex at Sparta, only while engaged in the
15     legal use of the device, or while traveling to or from this
16     location if the items are broken down in a non-functioning
17     state, or are not immediately accessible, or are unloaded
18     and enclosed in a case, firearm carrying box, shipping box,
19     or other container.
20         (6) Possession of any large capacity ammunition
21     feeding device if that large capacity ammunition feeding
22     device is sanctioned by the International Olympic
23     Committee and by USA Shooting, the national governing body
24     for international shooting competition in the United
25     States, but only when the large capacity ammunition feeding
26     device is in the actual possession of an Olympic target

 

 

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1     shooting competitor or target shooting coach for the
2     purpose of storage, transporting to and from Olympic target
3     shooting practice or events if the device is broken down in
4     a non-functioning state, is not immediately accessible, or
5     is unloaded and enclosed in a case, firearm carrying box,
6     shipping box, or other container, and when the Olympic
7     target shooting competitor or target shooting coach is
8     engaging in those practices or events.
9         (7) Possession of a large capacity ammunition feeding
10     device only for a hunting use expressly permitted under the
11     Wildlife Code, or while traveling to or from a location
12     authorized for such hunting use under the Wildlife Code if
13     the items are broken down in a non-functioning state, or
14     are not immediately accessible, or are unloaded and
15     enclosed in a case, firearm carrying box, shipping box, or
16     other container.
17         (8) Manufacture, transportation, possession, sale, or
18     rental of large capacity ammunition feeding devices to
19     persons authorized or permitted, or both authorized and
20     permitted to acquire and possess such devices for the
21     purpose of rental for use solely as props for a motion
22     picture, television, or video production or entertainment
23     event.
24     (e) Sentence. A person who knowingly manufactures,
25 delivers, sells, purchases, or possesses or causes to be
26 manufactured, delivered, sold, purchased, or possessed in

 

 

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1 violation of this Section a large capacity ammunition feeding
2 device commits a Class A misdemeanor for a first violation; a
3 Class 4 felony for a second violation; and a Class 3 felony for
4 a third or subsequent violation or for possession or delivery
5 of more than one of these devices at the same time.
 
6     Section 97. Severability. The provisions of this Act are
7 severable under Section 1.31 of the Statute on Statutes.
 
8     Section 99. Effective date. This Act takes effect upon
9 becoming law.