98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB6279

 

Introduced , by Rep. Brandon W. Phelps - Jerry F. Costello, II - Mike Smiddy - Katherine Cloonen - Patrick J. Verschoore, et al.

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/13.1  from Ch. 38, par. 83-13.1

    Amends the Firearm Owners Identification Card Act. Provides that a unit of local government, including a home rule unit, may not assess any fee or tax on any firearm or firearm ammunition, other than a retailers' occupation tax imposed under the Home Rule County Retailers' Occupation Tax Law, the Home Rule Municipal Retailers' Occupation Tax Act, or the Non-Home Rule Municipal Retailers' Occupation Tax Act. Provides that the assessment of fees or taxes on firearms or firearm ammunition, except as otherwise provided in this provision are exclusive powers and functions of the State. Provides that this provision is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution. Effective immediately.


LRB098 21650 RLC 60492 b

HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB6279LRB098 21650 RLC 60492 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Owners Identification Card Act is
5amended by changing Section 13.1 as follows:
 
6    (430 ILCS 65/13.1)  (from Ch. 38, par. 83-13.1)
7    Sec. 13.1. Preemption.
8    (a) Except as otherwise provided in the Firearm Concealed
9Carry Act and subsections (b), and (c), and (c-5) of this
10Section, the provisions of any ordinance enacted by any
11municipality which requires registration or imposes greater
12restrictions or limitations on the acquisition, possession and
13transfer of firearms than are imposed by this Act, are not
14invalidated or affected by this Act.
15    (b) Notwithstanding subsection (a) of this Section, the
16regulation, licensing, possession, and registration of
17handguns and ammunition for a handgun, and the transportation
18of any firearm and ammunition by a holder of a valid Firearm
19Owner's Identification Card issued by the Department of State
20Police under this Act are exclusive powers and functions of
21this State. Any ordinance or regulation, or portion of that
22ordinance or regulation, enacted on or before the effective
23date of this amendatory Act of the 98th General Assembly that

 

 

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1purports to impose regulations or restrictions on a holder of a
2valid Firearm Owner's Identification Card issued by the
3Department of State Police under this Act in a manner that is
4inconsistent with this Act, on the effective date of this
5amendatory Act of the 98th General Assembly, shall be invalid
6in its application to a holder of a valid Firearm Owner's
7Identification Card issued by the Department of State Police
8under this Act.
9    (c) Notwithstanding subsection (a) of this Section, the
10regulation of the possession or ownership of assault weapons
11are exclusive powers and functions of this State. Any ordinance
12or regulation, or portion of that ordinance or regulation, that
13purports to regulate the possession or ownership of assault
14weapons in a manner that is inconsistent with this Act, shall
15be invalid unless the ordinance or regulation is enacted on,
16before, or within 10 days after the effective date of this
17amendatory Act of the 98th General Assembly. Any ordinance or
18regulation described in this subsection (c) enacted more than
1910 days after the effective date of this amendatory Act of the
2098th General Assembly is invalid. An ordinance enacted on,
21before, or within 10 days after the effective date of this
22amendatory Act of the 98th General Assembly may be amended. The
23enactment or amendment of ordinances under this subsection (c)
24are subject to the submission requirements of Section 13.3. For
25the purposes of this subsection, "assault weapons" means
26firearms designated by either make or model or by a test or

 

 

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1list of cosmetic features that cumulatively would place the
2firearm into a definition of "assault weapon" under the
3ordinance.
4    (c-5) Notwithstanding subsection (a) of this Section, a
5unit of local government, including a home rule unit, may not
6assess any fee or tax on any firearm or firearm ammunition,
7other than a retailers' occupation tax imposed under the Home
8Rule County Retailers' Occupation Tax Law, the Home Rule
9Municipal Retailers' Occupation Tax Act, or the Non-Home Rule
10Municipal Retailers' Occupation Tax Act. The assessment of fees
11or taxes on firearms or firearm ammunition, except as otherwise
12provided in this subsection (c-5) are exclusive powers and
13functions of the State. This subsection (c-5) is a denial and
14limitation of home rule powers and functions under subsection
15(h) of Section 6 of Article VII of the Illinois Constitution.
16    (d) For the purposes of this Section, "handgun" has the
17meaning ascribed to it in Section 5 of the Firearm Concealed
18Carry Act.
19    (e) This Section is a denial and limitation of home rule
20powers and functions under subsection (h) of Section 6 of
21Article VII of the Illinois Constitution.
22(Source: P.A. 98-63, eff. 7-9-13.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.