98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB0132

 

Introduced 1/14/2013, by Rep. Edward J. Acevedo

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Freedom of Information Act. Exempts assault weapon registration affidavits. Amends the State Police Act. Authorizes emergency procurement for an assault weapon registration system. Amends the Firearm Owners Identification Card Act. Raises penalty for failure to keep a firearm transfer record. Amends the Criminal Code of 2012. Provides that after the effective date, it is unlawful to knowingly deliver, sell, or purchase a semi-automatic assault weapon, attachment, .50 caliber rifle, or .50 caliber cartridge. Prohibits possession of these weapons and attachments, 270 days after the effective date. Allows possession of a weapon or attachment possessed before the effective date if the person provides a registration affidavit. Provides that a retired peace officer may possess a weapon or attachment, if lawfully acquired and possessed prior to retirement and a registration affidavit filed. Provides that the person or retired peace officer may only transfer the weapon or attachment to an heir, an individual residing in another state, or a licensed federal firearms dealer. Establishes registration fees. Provides that 60 days after the effective date, it is unlawful to knowingly deliver, sell, purchase, or possess a large capacity ammunition feeding device. Provides exemptions and penalties. Raises gunrunning penalties. Provides that a person who possesses or acquires a handgun, semi-automatic assault weapon, assault weapon attachment, .50 caliber rifle, .50 caliber cartridge, or large capacity ammunition feeding device and later loses or has it stolen, must report the loss or theft to law enforcement. Provides severability. Effective immediately.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
 
6    (5 ILCS 140/7.5)
7    Sec. 7.5. Statutory Exemptions. To the extent provided for
8by the statutes referenced below, the following shall be exempt
9from inspection and copying:
10    (a) All information determined to be confidential under
11Section 4002 of the Technology Advancement and Development Act.
12    (b) Library circulation and order records identifying
13library users with specific materials under the Library Records
14Confidentiality Act.
15    (c) Applications, related documents, and medical records
16received by the Experimental Organ Transplantation Procedures
17Board and any and all documents or other records prepared by
18the Experimental Organ Transplantation Procedures Board or its
19staff relating to applications it has received.
20    (d) Information and records held by the Department of
21Public Health and its authorized representatives relating to
22known or suspected cases of sexually transmissible disease or
23any information the disclosure of which is restricted under the

 

 

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1Illinois Sexually Transmissible Disease Control Act.
2    (e) Information the disclosure of which is exempted under
3Section 30 of the Radon Industry Licensing Act.
4    (f) Firm performance evaluations under Section 55 of the
5Architectural, Engineering, and Land Surveying Qualifications
6Based Selection Act.
7    (g) Information the disclosure of which is restricted and
8exempted under Section 50 of the Illinois Prepaid Tuition Act.
9    (h) Information the disclosure of which is exempted under
10the State Officials and Employees Ethics Act, and records of
11any lawfully created State or local inspector general's office
12that would be exempt if created or obtained by an Executive
13Inspector General's office under that Act.
14    (i) Information contained in a local emergency energy plan
15submitted to a municipality in accordance with a local
16emergency energy plan ordinance that is adopted under Section
1711-21.5-5 of the Illinois Municipal Code.
18    (j) Information and data concerning the distribution of
19surcharge moneys collected and remitted by wireless carriers
20under the Wireless Emergency Telephone Safety Act.
21    (k) Law enforcement officer identification information or
22driver identification information compiled by a law
23enforcement agency or the Department of Transportation under
24Section 11-212 of the Illinois Vehicle Code.
25    (l) Records and information provided to a residential
26health care facility resident sexual assault and death review

 

 

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1team or the Executive Council under the Abuse Prevention Review
2Team Act.
3    (m) Information provided to the predatory lending database
4created pursuant to Article 3 of the Residential Real Property
5Disclosure Act, except to the extent authorized under that
6Article.
7    (n) Defense budgets and petitions for certification of
8compensation and expenses for court appointed trial counsel as
9provided under Sections 10 and 15 of the Capital Crimes
10Litigation Act. This subsection (n) shall apply until the
11conclusion of the trial of the case, even if the prosecution
12chooses not to pursue the death penalty prior to trial or
13sentencing.
14    (o) Information that is prohibited from being disclosed
15under Section 4 of the Illinois Health and Hazardous Substances
16Registry Act.
17    (p) Security portions of system safety program plans,
18investigation reports, surveys, schedules, lists, data, or
19information compiled, collected, or prepared by or for the
20Regional Transportation Authority under Section 2.11 of the
21Regional Transportation Authority Act or the St. Clair County
22Transit District under the Bi-State Transit Safety Act.
23    (q) Information prohibited from being disclosed by the
24Personnel Records Review Act.
25    (r) Information prohibited from being disclosed by the
26Illinois School Student Records Act.

 

 

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1    (s) Information the disclosure of which is restricted under
2Section 5-108 of the Public Utilities Act.
3    (t) All identified or deidentified health information in
4the form of health data or medical records contained in, stored
5in, submitted to, transferred by, or released from the Illinois
6Health Information Exchange, and identified or deidentified
7health information in the form of health data and medical
8records of the Illinois Health Information Exchange in the
9possession of the Illinois Health Information Exchange
10Authority due to its administration of the Illinois Health
11Information Exchange. The terms "identified" and
12"deidentified" shall be given the same meaning as in the Health
13Insurance Accountability and Portability Act of 1996, Public
14Law 104-191, or any subsequent amendments thereto, and any
15regulations promulgated thereunder.
16    (u) Records and information provided to an independent team
17of experts under Brian's Law.
18    (v) Names, affidavit, and information of people who have:
19        (1) applied for or received Firearm Owner's
20    Identification Cards under the Firearm Owners
21    Identification Card Act; or
22        (2) provided a registration affidavit to the
23    Department of State Police for a weapon, attachment, or
24    device under Section 24-1.9 or 24-1.10 of the Criminal Code
25    of 2012.
26    (w) Personally identifiable information which is exempted

 

 

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1from disclosure under subsection (g) of Section 19.1 of the
2Toll Highway Act.
3    (x) Information which is exempted from disclosure under
4Section 5-1014.3 of the Counties Code or Section 8-11-21 of the
5Illinois Municipal Code.
6(Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11;
796-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff.
88-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976,
9eff. 1-1-13.)
 
10    Section 10. The State Police Act is amended by adding
11Section 24 as follows:
 
12    (20 ILCS 2610/24 new)
13    Sec. 24. Assault weapons and large ammunition feeding
14device registration eligibility verification system vendor
15contract.
16    (a) For the purposes of this Section, "Department" means
17the Department of State Police.
18    (b) Because of the urgent need to protect the public safety
19from firearm violence, the Department shall enter into a
20contract or contracts with one or more third-party entities to
21provide the services as set forth in subsection (c) of this
22Section. Any of these procurements by the Department to perform
23functions related to this Section shall be deemed to be
24emergency purchases necessary to prevent or minimize serious

 

 

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1disruption in critical State services that affect public
2safety. The procurement of this contract or contracts shall be
3conducted in accordance with the emergency purchase provisions
4prescribed in Section 20-30 of the Illinois Procurement Code.
5However, the term of these emergency contracts shall not be
6limited to 90 days but may be for an initial term of up to 2
7years. In procuring any emergency contract or contracts, (i)
8the State Procurement Officer, in consultation with the
9Department, shall cause a notice to be posted to the Illinois
10Procurement Bulletin of the Department's intent to procure, a
11description of the anticipated contract objectives, and the
12duties and responsibilities of any third-party entity; (ii) the
13Department may invite an interested third-party entity or
14entities to one or more meetings to discuss the procurement,
15the contents thereof, and the scope of the procurement, and to
16answer questions; (iii) the interested third-party entity or
17entities shall be invited to submit their solutions in writing;
18(iv) the Department shall select the third-party entity or
19entities whose solutions best fit the Department's needs as
20described by the Department in the notice posted to the
21Illinois Procurement Bulletin and shall enter into
22negotiations with one or more to settle on final duties and
23responsibilities and the price for the final contract or
24contracts; and (v) the State Purchasing Officer, in
25consultation with the Department, shall cause any award to be
26posted to the Illinois Procurement Bulletin. The provisions

 

 

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1prescribed in Section 50-39 of the Illinois Procurement Code do
2not apply to any emergency purchases procured under this
3Section. Notwithstanding any other provision of the Illinois
4Procurement Code to the contrary, any amendments to any
5contract or contracts that the Chief Procurement Officer, in
6consultation with the Department, determines are necessary to
7implement this Section shall be deemed to be within the scope
8of the emergency purchases allowed under this Section and under
9Section 20-30 of the Illinois Procurement Code.
10    (c) No later than 60 days after the effective date of this
11amendatory Act of the 98th General Assembly, the Department, in
12consultation with the Chief Procurement Officer, shall conduct
13and complete any procurement necessary to procure a vendor to
14create, implement, and administer a registration eligibility
15verification system for semi-automatic assault weapons,
16assault weapon attachments, .50 caliber rifles, .50 caliber
17cartridges, and large capacity ammunition feeding devices as
18provided in Sections 24-1.9 and 24-1.10 of the Criminal Code of
192012 and as required by the Department. The registration
20eligibility verification system must ensure the firearms and
21devices are registered to persons with valid Firearm Owner's
22Identification cards whom may lawfully possess the weapons,
23attachments, or devices. Notwithstanding any other provision
24of the Illinois Procurement Code to the contrary:
25        (1) The procurement may include procurement of a vendor
26    to assist the Department in conducting the procurement.

 

 

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1    This vendor shall be precluded from working on any contract
2    awarded under this subsection (c).
3        (2) The Department, in consultation with the Chief
4    Procurement Officer, shall negotiate final contract terms
5    with a vendor selected by the Department and within 30 days
6    of selection of a registration eligibility verification
7    vendor, the Department shall enter into a contract with the
8    selected vendor.
 
9    Section 15. The Firearm Owners Identification Card Act is
10amended by changing Sections 3 and 8 as follows:
 
11    (430 ILCS 65/3)  (from Ch. 38, par. 83-3)
12    Sec. 3. (a) Except as provided in Section 3a, no person may
13knowingly transfer, or cause to be transferred, any firearm,
14firearm ammunition, stun gun, or taser to any person within
15this State unless the transferee with whom he deals displays a
16currently valid Firearm Owner's Identification Card which has
17previously been issued in his name by the Department of State
18Police under the provisions of this Act. In addition, all
19firearm, stun gun, and taser transfers by federally licensed
20firearm dealers are subject to Section 3.1.
21    (a-5) Any person who is not a federally licensed firearm
22dealer and who desires to transfer or sell a firearm while that
23person is on the grounds of a gun show must, before selling or
24transferring the firearm, request the Department of State

 

 

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1Police to conduct a background check on the prospective
2recipient of the firearm in accordance with Section 3.1.
3    (b) Any person within this State who transfers or causes to
4be transferred any firearm, stun gun, or taser shall keep a
5record of such transfer for a period of 10 years from the date
6of transfer. Such record shall contain the date of the
7transfer; the description, serial number or other information
8identifying the firearm, stun gun, or taser if no serial number
9is available; and, if the transfer was completed within this
10State, the transferee's Firearm Owner's Identification Card
11number. On or after January 1, 2006, the record shall contain
12the date of application for transfer of the firearm. On demand
13of a peace officer such transferor shall produce for inspection
14such record of transfer. Failure to keep a record of the
15transfer is a Class 4 felony. If the transfer or sale took
16place at a gun show, the record shall include the unique
17identification number. Failure to record the unique
18identification number is a Class 4 felony petty offense.
19    (b-5) Any resident may purchase ammunition from a person
20within or outside of Illinois if shipment is by United States
21mail or by a private express carrier authorized by federal law
22to ship ammunition. Any resident purchasing ammunition within
23or outside the State of Illinois must provide the seller with a
24copy of his or her valid Firearm Owner's Identification Card
25and either his or her Illinois driver's license or Illinois
26State Identification Card prior to the shipment of the

 

 

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1ammunition. The ammunition may be shipped only to an address on
2either of those 2 documents.
3    (c) The provisions of this Section regarding the transfer
4of firearm ammunition shall not apply to those persons
5specified in paragraph (b) of Section 2 of this Act.
6(Source: P.A. 97-1135, eff. 12-4-12.)
 
7    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
8    Sec. 8. Grounds for denial and revocation.
9    (A) The Department of State Police has authority to deny an
10application for or to revoke and seize a Firearm Owner's
11Identification Card previously issued under this Act only if
12the Department finds that the applicant or the person to whom
13such card was issued is or was at the time of issuance:
14        (a) A person under 21 years of age who has been
15    convicted of a misdemeanor other than a traffic offense or
16    adjudged delinquent;
17        (b) A person under 21 years of age who does not have
18    the written consent of his parent or guardian to acquire
19    and possess firearms and firearm ammunition, or whose
20    parent or guardian has revoked such written consent, or
21    where such parent or guardian does not qualify to have a
22    Firearm Owner's Identification Card;
23        (c) A person convicted of a felony under the laws of
24    this or any other jurisdiction;
25        (d) A person addicted to narcotics;

 

 

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1        (e) A person who has been a patient of a mental
2    institution within the past 5 years or has been adjudicated
3    as a mental defective;
4        (f) A person whose mental condition is of such a nature
5    that it poses a clear and present danger to the applicant,
6    any other person or persons or the community;
7    For the purposes of this Section, "mental condition" means
8a state of mind manifested by violent, suicidal, threatening or
9assaultive behavior.
10        (g) A person who is intellectually disabled;
11        (h) A person who intentionally makes a false statement
12    in the Firearm Owner's Identification Card application;
13        (i) An alien who is unlawfully present in the United
14    States under the laws of the United States;
15        (i-5) An alien who has been admitted to the United
16    States under a non-immigrant visa (as that term is defined
17    in Section 101(a)(26) of the Immigration and Nationality
18    Act (8 U.S.C. 1101(a)(26))), except that this subsection
19    (i-5) does not apply to any alien who has been lawfully
20    admitted to the United States under a non-immigrant visa if
21    that alien is:
22             (1) admitted to the United States for lawful
23        hunting or sporting purposes;
24             (2) an official representative of a foreign
25        government who is:
26                (A) accredited to the United States Government

 

 

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1            or the Government's mission to an international
2            organization having its headquarters in the United
3            States; or
4                (B) en route to or from another country to
5            which that alien is accredited;
6            (3) an official of a foreign government or
7        distinguished foreign visitor who has been so
8        designated by the Department of State;
9            (4) a foreign law enforcement officer of a friendly
10        foreign government entering the United States on
11        official business; or
12            (5) one who has received a waiver from the Attorney
13        General of the United States pursuant to 18 U.S.C.
14        922(y)(3);
15        (j) (Blank);
16        (k) A person who has been convicted within the past 5
17    years of battery, assault, aggravated assault, violation
18    of an order of protection, or a substantially similar
19    offense in another jurisdiction, in which a firearm was
20    used or possessed;
21        (l) A person who has been convicted of domestic
22    battery, aggravated domestic battery, or a substantially
23    similar offense in another jurisdiction committed before,
24    on or after January 1, 2012 (the effective date of Public
25    Act 97-158). If the applicant or person who has been
26    previously issued a Firearm Owner's Identification Card

 

 

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1    under this Act knowingly and intelligently waives the right
2    to have an offense described in this paragraph (l) tried by
3    a jury, and by guilty plea or otherwise, results in a
4    conviction for an offense in which a domestic relationship
5    is not a required element of the offense but in which a
6    determination of the applicability of 18 U.S.C. 922(g)(9)
7    is made under Section 112A-11.1 of the Code of Criminal
8    Procedure of 1963, an entry by the court of a judgment of
9    conviction for that offense shall be grounds for denying an
10    application for and for revoking and seizing a Firearm
11    Owner's Identification Card previously issued to the
12    person under this Act;
13        (m) (Blank);
14        (n) A person who is prohibited from acquiring or
15    possessing firearms or firearm ammunition by any Illinois
16    State statute or by federal law;
17        (o) A minor subject to a petition filed under Section
18    5-520 of the Juvenile Court Act of 1987 alleging that the
19    minor is a delinquent minor for the commission of an
20    offense that if committed by an adult would be a felony;
21        (p) An adult who had been adjudicated a delinquent
22    minor under the Juvenile Court Act of 1987 for the
23    commission of an offense that if committed by an adult
24    would be a felony; or
25        (q) A person who is not a resident of the State of
26    Illinois, except as provided in subsection (a-10) of

 

 

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1    Section 4.
2    (B) The Department of State Police may revoke and seize a
3Firearm Owner's Identification Card previously issued under
4this Act of a person who fails to report the loss or theft of a
5handgun a second time to the local law enforcement agency
6within 72 hours after the person should have known of the
7second loss or theft.
8(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,
9eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)
 
10    Section 20. The Criminal Code of 2012 is amended by
11changing Section 24-3A and by adding Sections 24-1.9, 24-1.10,
12and 24-4.1 as follows:
 
13    (720 ILCS 5/24-1.9 new)
14    Sec. 24-1.9. Possession, delivery, sale, and purchase of
15semi-automatic assault weapons, assault weapon attachments,
16.50 caliber rifles, and .50 caliber cartridges.
17    (a) Definitions. In this Section:
18        (1) "Semi-automatic assault weapon" means:
19            (A) any of the firearms or types, replicas, or
20        duplicates in any caliber of the firearms, known as:
21                (i) Norinco, Mitchell, and Poly Technologies
22            Avtomat Kalashnikovs (all models);
23                (ii) Action Arms Israeli Military Industries
24            UZI and Galil;

 

 

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1                (iii) Beretta AR-70 (SC-70);
2                (iv) Colt AR-15;
3                (v) Fabrique Nationale FN/FAL, FN/LAR, and
4            FNC;
5                (vi) SWD M-10, M-11, M-11/9, and M-12;
6                (vii) Steyr AUG;
7                (viii) INTRATEC TEC-9, TEC-DC9, and TEC-22;
8            and
9                (ix) any shotgun which contains its ammunition
10            in a revolving cylinder, such as (but not limited
11            to) the Street Sweeper and Striker 12;
12            (B) a semi-automatic rifle or pump-action rifle
13        that has an ability to accept a detachable magazine and
14        has any of the following:
15                (i) a folding or telescoping stock;
16                (ii) a pistol grip or thumbhole stock;
17                (iii) a shroud that is attached to, or
18            partially or completely encircles the barrel, and
19            that permits the shooter to hold the firearm with
20            the non-trigger hand without being burned;
21            (C) a semi-automatic pistol that has an ability to
22        accept a detachable magazine and has any of the
23        following:
24                (i) a folding, telescoping, or thumbhole
25            stock;
26                (ii) a shroud that is attached to, or partially

 

 

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1            or completely encircles the barrel, and that
2            permits the shooter to hold the firearm with the
3            non-trigger hand without being burned;
4                (iii) an ammunition magazine that attaches to
5            the pistol outside of the pistol grip;
6                (iv) a manufactured weight of 50 ounces or more
7            when the pistol is unloaded; or
8                (v) a semi-automatic version of an automatic
9            firearm;
10            (C-1) a semi-automatic rifle or pistol with a fixed
11        magazine that has the capacity to accept more than 10
12        rounds of ammunition;
13            (D) a semi-automatic shotgun that has any of the
14        following:
15                (i) a folding or telescoping stock;
16                (ii) a pistol grip or thumbhole stock;
17                (iii) a fixed magazine capacity in excess of 5
18            rounds; or
19                (iv) an ability to accept a detachable
20            magazine.
21                "Semi-automatic assault weapon" does not
22            include:
23            (A) any firearm that:
24                (i) is manually operated by bolt, pump, lever,
25            or slide action;
26                (ii) is an "unserviceable firearm" or has been

 

 

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1            made permanently inoperable; or
2                (iii) is an antique firearm;
3            (B) any air rifle as defined in Section 24.8-0.1 of
4        this Code.
5    For the purposes of this Section, a firearm is considered
6to have the ability to accept a detachable magazine unless the
7magazine or ammunition feeding device can only be removed
8through disassembly of the firearm action.
9        (2) "Assault weapon attachment" means any device
10    capable of being attached to a firearm that is specifically
11    designed for making or converting a firearm into any of the
12    firearms listed in paragraph (1) of subsection (a) of this
13    Section.
14        (3) "Antique firearm" has the meaning ascribed to it in
15    18 U.S.C. Section 921 (a)(16).
16        (4) ".50 caliber rifle" means a centerfire rifle
17    capable of firing a .50 caliber cartridge. The term does
18    not include any antique firearm as defined in 18 U.S.C.
19    Section 921 (a)(16), any shotgun including a shotgun that
20    has a rifle barrel, or a muzzle-loader used for "black
21    powder" hunting or battle re-enactments.
22        (5) ".50 caliber cartridge" means a cartridge in .50
23    BMG caliber, either by designation or actual measurement,
24    that is capable of being fired from a centerfire rifle. The
25    term ".50 caliber cartridge" does not include any
26    memorabilia or display item that is filled with a permanent

 

 

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1    inert substance or that is otherwise permanently altered in
2    a manner that prevents ready modification for use as live
3    ammunition or shotgun ammunition with a caliber
4    measurement that is equal to or greater than .50 caliber.
5        (6) "Fore 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) The Department of State Police shall take all steps
9necessary to carry out the requirements of this Section within
10180 days after the effective date of this amendatory Act of the
1198th General Assembly.
12    (c) Except as provided in subsections (d), (e), (f), and
13(h) of this Section, on or after the effective date of this
14amendatory Act of the 98th General Assembly, it is unlawful for
15any person within this State to knowingly deliver, sell, or
16purchase or cause to be delivered, sold, or purchased or cause
17to be possessed by another, a semi-automatic assault weapon, an
18assault weapon attachment, any .50 caliber rifle, or .50
19caliber cartridge.
20    (d) Except as otherwise provided in subsections (e), (f),
21and (h) of this Section, 270 days after the effective date of
22this amendatory Act of the 98th General Assembly, it is
23unlawful for any person within this State to knowingly possess
24a semi-automatic assault weapon, an assault weapon attachment,
25any .50 caliber rifle, or .50 caliber cartridge.
26    (e) This Section does not apply to a person who possessed a

 

 

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1weapon or attachment prohibited by subsection (d) of this
2Section before the effective date of this amendatory Act of the
398th General Assembly, provided that the person has provided in
4a registration affidavit, under oath or affirmation and in the
5form and manner prescribed by the Department of State Police,
6his or her name, date of birth, Firearm Owners Identification
7Card Number, the weapon's or attachment's make, model, caliber,
8and serial number, and proof of a locking mechanism that
9properly fits the weapon, on or after 180 days after the
10effective date of this amendatory Act of the 98th General
11Assembly but within 270 days after the effective date of this
12amendatory Act of the 98th General Assembly. The affidavit
13shall include a statement that the weapon or attachment is
14owned by the person submitting the affidavit and that he or she
15owns the proper locking mechanism for the weapon. Each
16affidavit form shall include the following statement printed in
17bold type: "Warning: Entering false information on this form is
18punishable as perjury under Section 32-2 of the Criminal Code
19of 2012.". Beginning 270 days after the effective date of this
20amendatory Act of the 98th General Assembly, the person may
21transfer the weapon or attachment only to an heir, an
22individual residing in another state maintaining that weapon in
23another state, or a dealer licensed as a federal firearms
24dealer under Section 923 of the federal Gun Control Act of
251968. Within 10 days after transfer of the weapon or
26attachment, the person shall notify the Department of State

 

 

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1Police of the name and address of the transferee and comply
2with the requirements of subsection (b) of Section 3 of the
3Firearm Owners Identification Card Act. The person to whom the
4weapon or attachment is transferred shall, within 60 days of
5the transfer, complete an affidavit and pay the required
6registration fee as set forth in this Section. A person to whom
7the weapon or attachment is transferred may transfer the weapon
8or attachment only as provided in this subsection.
9    (f) This Section does not apply to a peace officer who has
10retired in good standing from a law enforcement agency of this
11State and who possesses a weapon or attachment prohibited by
12subsection (d) of this Section, if the weapon or attachment was
13lawfully possessed and acquired by the peace officer prior to
14retirement and the retired peace officer within 10 days of
15retirement registers the weapon or attachment with the
16Department of State Police and pays the required registration
17fee as provided in this Section. The retired peace officer
18shall comply with the transfer and notification requirements
19provided in subsection (e) of this Section.
20    (g) For the purpose of registration required under
21subsections (e) and (f) of this Section, the Department of
22State Police shall charge a registration fee of $25 per person
23to the owner of a semi-automatic assault weapon and $25 per
24person to the owner of a .50 caliber rifle. The fees shall be
25deposited into the LEADS Maintenance Fund.
26    (h) This Section does not apply to or affect any of the

 

 

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1following:
2        (1) Peace officers as defined in Section 2-13 of this
3    Code.
4        (2) Acquisition and possession by a local law
5    enforcement agency for the purpose of equipping the
6    agency's peace officers as defined in paragraph (1) of this
7    subsection.
8        (3) 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        (4) 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        (5) Any company that employs armed security officers in
16    this State at a nuclear energy, storage, weapons, or
17    development site or facility regulated by the federal
18    Nuclear Regulatory Commission and persons employed as an
19    armed security force member at a nuclear energy, storage,
20    weapons, or development site or facility regulated by the
21    federal Nuclear Regulatory Commission who have completed
22    the background screening and training mandated by the rules
23    and regulations of the federal Nuclear Regulatory
24    Commission and while in the performance of their official
25    duties.
26        (6) Manufacture, transportation, or sale of weapons,

 

 

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1    attachments, or ammunition to persons authorized under
2    subdivisions (1) through (5) of this subsection (h) to
3    possess those items.
4        (7) Manufacture, transportation, or sale of weapons,
5    attachments, or ammunition for sale or transfer in another
6    state.
7        (8) Possession of any firearm if that firearm is
8    sanctioned by the International Olympic Committee and by
9    USA Shooting, the national governing body for
10    international shooting competition in the United States,
11    but only when the firearm is in the actual possession of an
12    Olympic target shooting competitor or target shooting
13    coach for the purpose of storage, transporting to and from
14    Olympic target shooting practice or events if the firearm
15    is broken down in a non-functioning state, is not
16    immediately accessible, or is unloaded and enclosed in a
17    case, firearm carrying box, shipping box, or other
18    container, and when the Olympic target shooting competitor
19    or target shooting coach is engaging in those practices or
20    events. For the purposes of this paragraph (8), "firearm"
21    is as defined in Section 1.1 of the Firearm Owners
22    Identification Card Act.
23        (9) Any non-resident who transports, within 24 hours, a
24    semi-automatic assault weapon for any lawful purpose from
25    any place where he or she may lawfully possess and carry
26    that weapon to any other place where he or she may lawfully

 

 

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1    possess and carry that weapon if, during the transportation
2    the weapon is unloaded, and neither the weapon nor any
3    ammunition being transported is readily accessible or is
4    directly accessible from the passenger compartment of the
5    transporting vehicle. Provided that, in the case of a
6    vehicle without a compartment separate from the driver's
7    compartment the weapon or ammunition shall be contained in
8    a locked container other than the glove compartment or
9    console.
10        (10) Possession of a semi-automatic assault weapon, an
11    assault weapon attachment, a .50 caliber rifle, or .50
12    caliber cartridge at events taking place at the World
13    Shooting and Recreational Complex at Sparta, only while
14    engaged in the legal use of this firearm or attachment, or
15    while traveling to or from this location if the item is
16    broken down in a non-functioning state, or is not
17    immediately accessible, or is unloaded and enclosed in a
18    case, firearm carrying box, shipping box, or other
19    container.
20        (11) Possession of a semi-automatic assault weapon, an
21    assault weapon attachment, a .50 caliber rifle, or .50
22    caliber cartridge only for hunting use expressly permitted
23    under the Wildlife Code, or while traveling to or from a
24    location authorized for this hunting use under the Wildlife
25    Code if the item is broken down in a non-functioning state,
26    or is not immediately accessible, or is unloaded and

 

 

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1    enclosed in a case, firearm carrying box, shipping box, or
2    other container.
3        (12) The manufacture, transportation, possession,
4    sale, or rental of blank-firing semi-automatic assault
5    weapons and .50 caliber rifles, or the weapon's respective
6    attachments, to persons authorized or permitted, or both
7    authorized and permitted to acquire and possess these
8    weapons or attachments for the purpose of rental for use
9    solely as props for a motion picture, television, or video
10    production or entertainment event.
11    (i) Sentence.
12        (1) A person who knowingly delivers, sells, purchases,
13    or possesses or causes to be delivered, sold, purchased, or
14    possessed a semi-automatic assault weapon in violation of
15    this Section commits a Class 3 felony for a first violation
16    and a Class 2 felony for a second or subsequent violation
17    or for the possession or delivery of 2 or more of these
18    weapons at the same time.
19        (2) A person who knowingly delivers, sells, purchases,
20    or possesses or causes to be delivered, sold, purchased, or
21    possessed in violation of this Section an assault weapon
22    attachment commits a Class 4 felony for a first violation
23    and a Class 3 felony for a second or subsequent violation.
24        (3) A person who knowingly delivers, sells, purchases,
25    or possesses or causes to be delivered, sold, purchased, or
26    possessed in violation of this Section a .50 caliber rifle

 

 

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1    commits a Class 3 felony for a first violation and a Class
2    2 felony for a second or subsequent violation or for the
3    possession or delivery of 2 or more of these weapons at the
4    same time.
5        (4) A person who knowingly delivers, sells, purchases,
6    or possesses or causes to be delivered, sold, purchased, or
7    possessed in violation of this Section a .50 caliber
8    cartridge commits a Class A misdemeanor.
9        (5) Any other violation of this Section is a Class A
10    misdemeanor.
 
11    (720 ILCS 5/24-1.10 new)
12    Sec. 24-1.10. Possession, delivery, sale, and purchase of
13large capacity ammunition feeding devices.
14    (a) As used in this Section:
15    "Large capacity ammunition feeding device" means:
16        (1) a magazine, belt, drum, feed strip, or similar
17    device that has a capacity of, or that can be readily
18    restored or converted to accept, more than 10 rounds of
19    ammunition; or
20        (2) any combination of parts from which a device
21    described in paragraph (1) can be assembled.
22    "Large capacity ammunition feeding device" does not
23include an attached tubular device designed to accept, and
24capable of operating only with, .22 caliber rimfire ammunition.
25"Large capacity ammunition feeding device" does not include a

 

 

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1tubular magazine that is contained in a lever-action firearm or
2any device that has been made permanently inoperable.
3    (b) The Department of State Police shall take all steps
4necessary to carry out the requirements of this Section within
5180 days after the effective date of this amendatory Act of the
698th General Assembly.
7    (c) Except as provided in subsection (d) and (e), 60 days
8after the effective date of this amendatory Act of the 98th
9General Assembly, it is unlawful for any person within this
10State to knowingly deliver, sell, purchase, or possess or cause
11to be delivered, sold, purchased, or possessed, a large
12capacity ammunition feeding device.
13    (d) This Section does not apply to a peace officer who has
14retired in good standing from a law enforcement agency of this
15State and who possesses a device prohibited by subsection (c)
16of this Section, if the device was lawfully possessed and
17acquired by the peace officer prior to retirement and the
18retired peace officer within 10 days of retirement, provides in
19a registration affidavit, under oath or affirmation and in the
20form and manner prescribed by the Department of State Police,
21his or her name, date of birth, Firearm Owners Identification
22Card Number, the device's make, model, and caliber. The
23affidavit shall include a statement that the device is owned by
24the person submitting the affidavit. Each affidavit form shall
25include the following statement printed in bold type: "Warning:
26Entering false information on this form is punishable as

 

 

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1perjury under Section 32-2 of the Criminal Code of 2012.". The
2retired officer may transfer the device only to an heir, an
3individual residing in another state maintaining that device in
4another state, or a dealer licensed as a federal firearms
5dealer under Section 923 of the federal Gun Control Act of
61968. Within 10 days after transfer of the device, the person
7shall notify the Department of State Police of the name and
8address of the transferee and comply with the requirements of
9subsection (b) of Section 3 of the Firearm Owners
10Identification Card Act. The person to whom the device is
11transferred shall, within 60 days of the transfer, complete an
12affidavit as set forth in this subsection. A person to whom the
13device is transferred may transfer the device only as provided
14in this subsection.
15    (e) This Section does not apply to or affect any of the
16following:
17        (1) Peace officers as defined in Section 2-13 of this
18    Code.
19        (2) Acquisition and possession by a local law
20    enforcement agency for the purpose of equipping the
21    agency's peace officers as defined in paragraph (1) of this
22    subsection.
23        (3) Wardens, superintendents, and keepers of prisons,
24    penitentiaries, jails, and other institutions for the
25    detention of persons accused or convicted of an offense.
26        (4) Members of the Armed Services or Reserve Forces of

 

 

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1    the United States or the Illinois National Guard, while in
2    the performance of their official duties or while traveling
3    to or from their place of duty.
4        (5) Any company that employs armed security officers in
5    this State at a nuclear energy, storage, weapons, or
6    development site or facility regulated by the federal
7    Nuclear Regulatory Commission and persons employed as an
8    armed security force member at a nuclear energy, storage,
9    weapons, or development site or facility regulated by the
10    federal Nuclear Regulatory Commission who have completed
11    the background screening and training mandated by the rules
12    and regulations of the federal Nuclear Regulatory
13    Commission and while in the performance of their official
14    duties.
15        (6) Manufacture, transportation, or sale of large
16    capacity ammunition feeding devices to persons authorized
17    under subdivisions (1) through (5) of this subsection (d)
18    to possess those devices.
19        (7) Manufacture, transportation, or sale of large
20    capacity ammunition feeding devices for sale or transfer in
21    another state.
22        (8) Possession of any large capacity ammunition
23    feeding device if that large capacity ammunition feeding
24    device is sanctioned by the International Olympic
25    Committee and by USA Shooting, the national governing body
26    for international shooting competition in the United

 

 

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1    States, but only when the large capacity ammunition feeding
2    device is in the actual possession of an Olympic target
3    shooting competitor or target shooting coach for the
4    purpose of storage, transporting to and from Olympic target
5    shooting practice or events if the device is broken down in
6    a non-functioning state, is not immediately accessible, or
7    is unloaded and enclosed in a case, firearm carrying box,
8    shipping box, or other container, and when the Olympic
9    target shooting competitor or target shooting coach is
10    engaging in those practices or events.
11        (9) Any non-resident who transports, within 24 hours, a
12    large capacity ammunition feeding device for any lawful
13    purpose from any place where he or she may lawfully possess
14    and carry that device to any other place where he or she
15    may lawfully possess and carry that device if, during the
16    transportation the device is unattached to a firearm, and
17    the device is not readily accessible nor is directly
18    accessible from the passenger compartment of the
19    transporting vehicle. Provided that, in the case of a
20    vehicle without a compartment separate from the driver's
21    compartment the device shall be contained in a locked
22    container other than the glove compartment or console.
23        (10) Possession of a large capacity ammunition feeding
24    device at events taking place at the World Shooting and
25    Recreational Complex at Sparta, only while engaged in the
26    legal use of this device, or while traveling to or from

 

 

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1    this location if the device is broken down in a
2    non-functioning state, or is not immediately accessible,
3    or is unloaded and enclosed in a case, firearm carrying
4    box, shipping box, or other container.
5        (11) Possession of a large capacity ammunition feeding
6    device only for hunting use expressly permitted under the
7    Wildlife Code, or while traveling to or from a location
8    authorized for this hunting use under the Wildlife Code if
9    the device is broken down in a non-functioning state, or is
10    not immediately accessible, or is unloaded and enclosed in
11    a case, firearm carrying box, shipping box, or other
12    container.
13        (12) The manufacture, transportation, possession,
14    sale, or rental of large capacity ammunition feeding
15    devices for blank-firing semi-automatic assault weapons
16    and .50 caliber rifles, to persons authorized or permitted,
17    or both authorized and permitted to acquire and possess
18    these devices for the purpose of rental for use solely as
19    props for a motion picture, television, or video production
20    or entertainment event.
21    (f) Sentence. A person who knowingly delivers, sells,
22purchases, or possesses or causes to be delivered, sold,
23purchased, or possessed in violation of this Section a large
24capacity ammunition feeding device capable of holding more than
2510 rounds of ammunition commits a Class 3 felony for a first
26violation and a Class 2 felony for a second or subsequent

 

 

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1violation or for possession or delivery of 2 or more of these
2devices at the same time. Any other violation of this Section
3is a Class A misdemeanor.
 
4    (720 ILCS 5/24-3A)
5    Sec. 24-3A. Gunrunning.
6    (a) A person commits gunrunning when he or she transfers 3
7or more firearms in violation of any of the paragraphs of
8Section 24-3 of this Code.
9    (b) Sentence. A person who commits gunrunning:
10        (1) is guilty of a Class X 1 felony;
11        (2) is guilty of a Class X felony for which the
12    sentence shall be a term of imprisonment of not less than
13    10 8 years and not more than 40 years if the transfer is of
14    not less than 11 firearms and not more than 20 firearms;
15        (3) is guilty of a Class X felony for which the
16    sentence shall be a term of imprisonment of not less than
17    15 10 years and not more than 50 years if the transfer is
18    of more than 20 firearms.
19A person who commits gunrunning by transferring firearms to a
20person who, at the time of the commission of the offense, is
21under 18 years of age is guilty of a Class X felony for which
22the sentence shall be a term of imprisonment of not less than 8
23years.
24(Source: P.A. 93-906, eff. 8-11-04.)
 

 

 

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1    (720 ILCS 5/24-4.1 new)
2    Sec. 24-4.1. Report of lost or stolen handguns,
3semi-automatic assault weapons, assault weapon attachments,
4.50 caliber rifles, .50 caliber cartridges, or large capacity
5ammunition feeding device.
6    (a) A person who possesses a valid Firearm Owner's
7Identification Card and who possesses or acquires a handgun,
8semi-automatic assault weapon, assault weapon attachment, .50
9caliber rifle, or .50 caliber cartridge and thereafter loses or
10misplaces the handgun, semi-automatic assault weapon, assault
11weapon attachment, .50 caliber rifle, or .50 caliber cartridge,
12or the handgun, semi-automatic assault weapon, assault weapon
13attachment, .50 caliber rifle, or .50 caliber cartridge is
14stolen from the person, the person must report the loss or
15theft to the local law enforcement agency within 72 hours after
16obtaining knowledge of the loss or theft.
17    (b) A person who possesses a valid Firearm Owner's
18Identification Card and who possesses or acquires a large
19capacity ammunition feeding device under an exception in
20subsection (d) or (e) of Section 24-1.10 of this Code and
21thereafter loses or misplaces the device, or the device is
22stolen from the person, the person must report the loss or
23theft to the local law enforcement agency within 72 hours after
24the person should have known of the loss or theft.
25    (c) For the purposes of this Section:
26        "Assault weapon attachment" has the meaning ascribed

 

 

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1    to it in Section 24-1.9 of this Code.
2        ".50 caliber rifle" has the meaning ascribed to it in
3    Section 24-1.9 of this Code.
4        ".50 caliber cartridge" has the meaning ascribed to it
5    in Section 24-1.9 of this Code.
6        "Handgun" means a firearm designed to be held and fired
7    by the use of a single hand, and includes a combination of
8    parts from which the firearm can be assembled.
9        "Large capacity ammunition feeding device" has the
10    meaning ascribed to it in Section 24-1.10 of this Code.
11        "Semi-automatic assault weapon" has the meaning
12    ascribed to it in Section 24-1.9 of this Code.
13    (d) Sentence. A person who violates this Section is guilty
14of a Class A misdemeanor for a first violation. A second or
15subsequent violation of this Section is a Class 4 felony.
 
16    Section 97. Severability. The provisions of this Act are
17severable under Section 1.31 of the Statute on Statutes.
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 140/7.5
4    20 ILCS 2610/24 new
5    430 ILCS 65/3from Ch. 38, par. 83-3
6    430 ILCS 65/8from Ch. 38, par. 83-8
7    720 ILCS 5/24-1.9 new
8    720 ILCS 5/24-1.10 new
9    720 ILCS 5/24-3A
10    720 ILCS 5/24-4.1 new