98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3560

 

Introduced 2/14/2014, by Sen. Kwame Raoul

 

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.


LRB098 17551 RLC 52660 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL 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 applied for or received a
22    concealed carry license under the Firearm Concealed Carry
23    Act, unless otherwise authorized by the Firearm Concealed
24    Carry Act; and databases under the Firearm Concealed Carry
25    Act, records of the Concealed Carry Licensing Review Board
26    under the Firearm Concealed Carry Act, and law enforcement

 

 

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1    agency objections under the Firearm Concealed Carry Act; or
2        (2) provided a registration affidavit to the
3    Department of State Police for a weapon, attachment, or
4    device under Section 24-1.9 or 24-1.10 of the Criminal Code
5    of 2012.
6    (w) Personally identifiable information which is exempted
7from disclosure under subsection (g) of Section 19.1 of the
8Toll Highway Act.
9    (x) Information which is exempted from disclosure under
10Section 5-1014.3 of the Counties Code or Section 8-11-21 of the
11Illinois Municipal Code.
12    (y) Confidential information under the Adult Protective
13Services Act and its predecessor enabling statute, the Elder
14Abuse and Neglect Act, including information about the identity
15and administrative finding against any caregiver of a verified
16and substantiated decision of significant abuse, neglect, or
17financial exploitation of an eligible adult maintained in the
18Department of Public Health's Health Care Worker Registry.
19    (z) Records and information provided to an at-risk adult
20fatality review team or the Illinois At-Risk Adult Fatality
21Review Team Advisory Council under Section 15 of the Adult
22Protective Services Act.
23(Source: P.A. 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342,
24eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13; 98-49,
25eff. 7-1-13; 98-63, eff. 7-9-13; revised 7-23-13.)
 

 

 

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1    Section 10. The State Police Act is amended by adding
2Section 24 as follows:
 
3    (20 ILCS 2610/24 new)
4    Sec. 24. Assault weapons and large ammunition feeding
5device registration eligibility verification system vendor
6contract.
7    (a) For the purposes of this Section, "Department" means
8the Department of State Police.
9    (b) Because of the urgent need to protect the public safety
10from firearm violence, the Department shall enter into a
11contract or contracts with one or more third-party entities to
12provide the services as set forth in subsection (c) of this
13Section. Any of these procurements by the Department to perform
14functions related to this Section shall be deemed to be
15emergency purchases necessary to prevent or minimize serious
16disruption in critical State services that affect public
17safety. The procurement of this contract or contracts shall be
18conducted in accordance with the emergency purchase provisions
19prescribed in Section 20-30 of the Illinois Procurement Code.
20However, the term of these emergency contracts shall not be
21limited to 90 days but may be for an initial term of up to 2
22years. In procuring any emergency contract or contracts, (i)
23the State Procurement Officer, in consultation with the
24Department, shall cause a notice to be posted to the Illinois
25Procurement Bulletin of the Department's intent to procure, a

 

 

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1description of the anticipated contract objectives, and the
2duties and responsibilities of any third-party entity; (ii) the
3Department may invite an interested third-party entity or
4entities to one or more meetings to discuss the procurement,
5the contents thereof, and the scope of the procurement, and to
6answer questions; (iii) the interested third-party entity or
7entities shall be invited to submit their solutions in writing;
8(iv) the Department shall select the third-party entity or
9entities whose solutions best fit the Department's needs as
10described by the Department in the notice posted to the
11Illinois Procurement Bulletin and shall enter into
12negotiations with one or more to settle on final duties and
13responsibilities and the price for the final contract or
14contracts; and (v) the State Purchasing Officer, in
15consultation with the Department, shall cause any award to be
16posted to the Illinois Procurement Bulletin. The provisions
17prescribed in Section 50-39 of the Illinois Procurement Code do
18not apply to any emergency purchases procured under this
19Section. Notwithstanding any other provision of the Illinois
20Procurement Code to the contrary, any amendments to any
21contract or contracts that the Chief Procurement Officer, in
22consultation with the Department, determines are necessary to
23implement this Section shall be deemed to be within the scope
24of the emergency purchases allowed under this Section and under
25Section 20-30 of the Illinois Procurement Code.
26    (c) No later than 60 days after the effective date of this

 

 

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1amendatory Act of the 98th General Assembly, the Department, in
2consultation with the Chief Procurement Officer, shall conduct
3and complete any procurement necessary to procure a vendor to
4create, implement, and administer a registration eligibility
5verification system for semi-automatic assault weapons,
6assault weapon attachments, .50 caliber rifles, .50 caliber
7cartridges, and large capacity ammunition feeding devices as
8provided in Sections 24-1.9 and 24-1.10 of the Criminal Code of
92012 and as required by the Department. The registration
10eligibility verification system must ensure the firearms and
11devices are registered to persons with valid Firearm Owner's
12Identification cards whom may lawfully possess the weapons,
13attachments, or devices. Notwithstanding any other provision
14of the Illinois Procurement Code to the contrary:
15        (1) The procurement may include procurement of a vendor
16    to assist the Department in conducting the procurement.
17    This vendor shall be precluded from working on any contract
18    awarded under this subsection (c).
19        (2) The Department, in consultation with the Chief
20    Procurement Officer, shall negotiate final contract terms
21    with a vendor selected by the Department and within 30 days
22    of selection of a registration eligibility verification
23    vendor, the Department shall enter into a contract with the
24    selected vendor.
 
25    Section 15. The Firearm Owners Identification Card Act is

 

 

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1amended by changing Sections 3 and 8 as follows:
 
2    (430 ILCS 65/3)  (from Ch. 38, par. 83-3)
3    Sec. 3. (a) Except as provided in Section 3a, no person may
4knowingly transfer, or cause to be transferred, any firearm,
5firearm ammunition, stun gun, or taser to any person within
6this State unless the transferee with whom he deals displays a
7currently valid Firearm Owner's Identification Card which has
8previously been issued in his name by the Department of State
9Police under the provisions of this Act. In addition, all
10firearm, stun gun, and taser transfers by federally licensed
11firearm dealers are subject to Section 3.1.
12    (a-5) Any person who is not a federally licensed firearm
13dealer and who desires to transfer or sell a firearm while that
14person is on the grounds of a gun show must, before selling or
15transferring the firearm, request the Department of State
16Police to conduct a background check on the prospective
17recipient of the firearm in accordance with Section 3.1.
18    (a-10) Any person who is not a federally licensed firearm
19dealer and who desires to transfer or sell a firearm or
20firearms to any person who is not a federally licensed firearm
21dealer shall, before selling or transferring the firearms,
22contact the Department of State Police with the transferee's or
23purchaser's Firearm Owner's Identification Card number to
24determine the validity of the transferee's or purchaser's
25Firearm Owner's Identification Card. This subsection shall not

 

 

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1be effective until January 1, 2014. The Department of State
2Police may adopt rules concerning the implementation of this
3subsection. The Department of State Police shall provide the
4seller or transferor an approval number if the purchaser's
5Firearm Owner's Identification Card is valid. Approvals issued
6by the Department for the purchase of a firearm pursuant to
7this subsection are valid for 30 days from the date of issue.
8    (a-15) The provisions of subsection (a-10) of this Section
9do not apply to:
10        (1) transfers that occur at the place of business of a
11    federally licensed firearm dealer, if the federally
12    licensed firearm dealer conducts a background check on the
13    prospective recipient of the firearm in accordance with
14    Section 3.1 of this Act and follows all other applicable
15    federal, State, and local laws as if he or she were the
16    seller or transferor of the firearm, although the dealer is
17    not required to accept the firearm into his or her
18    inventory. The purchaser or transferee may be required by
19    the federally licensed firearm dealer to pay a fee not to
20    exceed $10 per firearm, which the dealer may retain as
21    compensation for performing the functions required under
22    this paragraph, plus the applicable fees authorized by
23    Section 3.1;
24        (2) transfers as a bona fide gift to the transferor's
25    husband, wife, son, daughter, stepson, stepdaughter,
26    father, mother, stepfather, stepmother, brother, sister,

 

 

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1    nephew, niece, uncle, aunt, grandfather, grandmother,
2    grandson, granddaughter, father-in-law, mother-in-law,
3    son-in-law, or daughter-in-law;
4        (3) transfers by persons acting pursuant to operation
5    of law or a court order;
6        (4) transfers on the grounds of a gun show under
7    subsection (a-5) of this Section;
8        (5) the delivery of a firearm by its owner to a
9    gunsmith for service or repair, the return of the firearm
10    to its owner by the gunsmith, or the delivery of a firearm
11    by a gunsmith to a federally licensed firearms dealer for
12    service or repair and the return of the firearm to the
13    gunsmith;
14        (6) temporary transfers that occur while in the home of
15    the unlicensed transferee, if the unlicensed transferee is
16    not otherwise prohibited from possessing firearms and the
17    unlicensed transferee reasonably believes that possession
18    of the firearm is necessary to prevent imminent death or
19    great bodily harm to the unlicensed transferee;
20        (7) transfers to a law enforcement or corrections
21    agency or a law enforcement or corrections officer acting
22    within the course and scope of his or her official duties;
23        (8) transfers of firearms that have been rendered
24    permanently inoperable to a nonprofit historical society,
25    museum, or institutional collection; and
26        (9) transfers to a person who is exempt from the

 

 

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1    requirement of possessing a Firearm Owner's Identification
2    Card under Section 2 of this Act.
3    (a-20) The Department of State Police shall develop an
4Internet-based system for individuals to determine the
5validity of a Firearm Owner's Identification Card prior to the
6sale or transfer of a firearm. The Department shall have the
7Internet-based system completed and available for use by July
81, 2015. The Department shall adopt rules not inconsistent with
9this Section to implement this system.
10    (b) Any person within this State who transfers or causes to
11be transferred any firearm, stun gun, or taser shall keep a
12record of such transfer for a period of 10 years from the date
13of transfer. Such record shall contain the date of the
14transfer; the description, serial number or other information
15identifying the firearm, stun gun, or taser if no serial number
16is available; and, if the transfer was completed within this
17State, the transferee's Firearm Owner's Identification Card
18number and any approval number or documentation provided by the
19Department of State Police pursuant to subsection (a-10) of
20this Section. On or after January 1, 2006, the record shall
21contain the date of application for transfer of the firearm. On
22demand of a peace officer such transferor shall produce for
23inspection such record of transfer. Failure to keep a record of
24the transfer is a Class 4 felony. If the transfer or sale took
25place at a gun show, the record shall include the unique
26identification number. Failure to record the unique

 

 

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1identification number or approval number is a Class 4 felony
2petty offense.
3    (b-5) Any resident may purchase ammunition from a person
4within or outside of Illinois if shipment is by United States
5mail or by a private express carrier authorized by federal law
6to ship ammunition. Any resident purchasing ammunition within
7or outside the State of Illinois must provide the seller with a
8copy of his or her valid Firearm Owner's Identification Card
9and either his or her Illinois driver's license or Illinois
10State Identification Card prior to the shipment of the
11ammunition. The ammunition may be shipped only to an address on
12either of those 2 documents.
13    (c) The provisions of this Section regarding the transfer
14of firearm ammunition shall not apply to those persons
15specified in paragraph (b) of Section 2 of this Act.
16(Source: P.A. 97-1135, eff. 12-4-12; 98-508, eff. 8-19-13.)
 
17    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
18    Sec. 8. Grounds for denial and revocation.
19    (A) The Department of State Police has authority to deny an
20application for or to revoke and seize a Firearm Owner's
21Identification Card previously issued under this Act only if
22the Department finds that the applicant or the person to whom
23such card was issued is or was at the time of issuance:
24        (a) A person under 21 years of age who has been
25    convicted of a misdemeanor other than a traffic offense or

 

 

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1    adjudged delinquent;
2        (b) A person under 21 years of age who does not have
3    the written consent of his parent or guardian to acquire
4    and possess firearms and firearm ammunition, or whose
5    parent or guardian has revoked such written consent, or
6    where such parent or guardian does not qualify to have a
7    Firearm Owner's Identification Card;
8        (c) A person convicted of a felony under the laws of
9    this or any other jurisdiction;
10        (d) A person addicted to narcotics;
11        (e) A person who has been a patient of a mental health
12    facility within the past 5 years or a person who has been a
13    patient in a mental health facility more than 5 years ago
14    who has not received the certification required under
15    subsection (u) of this Section. An active law enforcement
16    officer employed by a unit of government who is denied,
17    revoked, or has his or her Firearm Owner's Identification
18    Card seized under this subsection (e) may obtain relief as
19    described in subsection (c-5) of Section 10 of this Act if
20    the officer did not act in a manner threatening to the
21    officer, another person, or the public as determined by the
22    treating clinical psychologist or physician, and the
23    officer seeks mental health treatment;
24        (f) A person whose mental condition is of such a nature
25    that it poses a clear and present danger to the applicant,
26    any other person or persons or the community;

 

 

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1        (g) A person who is intellectually disabled;
2        (h) A person who intentionally makes a false statement
3    in the Firearm Owner's Identification Card application;
4        (i) An alien who is unlawfully present in the United
5    States under the laws of the United States;
6        (i-5) An alien who has been admitted to the United
7    States under a non-immigrant visa (as that term is defined
8    in Section 101(a)(26) of the Immigration and Nationality
9    Act (8 U.S.C. 1101(a)(26))), except that this subsection
10    (i-5) does not apply to any alien who has been lawfully
11    admitted to the United States under a non-immigrant visa if
12    that alien is:
13            (1) admitted to the United States for lawful
14        hunting or sporting purposes;
15            (2) an official representative of a foreign
16        government who is:
17                (A) accredited to the United States Government
18            or the Government's mission to an international
19            organization having its headquarters in the United
20            States; or
21                (B) en route to or from another country to
22            which that alien is accredited;
23            (3) an official of a foreign government or
24        distinguished foreign visitor who has been so
25        designated by the Department of State;
26            (4) a foreign law enforcement officer of a friendly

 

 

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1        foreign government entering the United States on
2        official business; or
3            (5) one who has received a waiver from the Attorney
4        General of the United States pursuant to 18 U.S.C.
5        922(y)(3);
6        (j) (Blank);
7        (k) A person who has been convicted within the past 5
8    years of battery, assault, aggravated assault, violation
9    of an order of protection, or a substantially similar
10    offense in another jurisdiction, in which a firearm was
11    used or possessed;
12        (l) A person who has been convicted of domestic
13    battery, aggravated domestic battery, or a substantially
14    similar offense in another jurisdiction committed before,
15    on or after January 1, 2012 (the effective date of Public
16    Act 97-158). If the applicant or person who has been
17    previously issued a Firearm Owner's Identification Card
18    under this Act knowingly and intelligently waives the right
19    to have an offense described in this paragraph (l) tried by
20    a jury, and by guilty plea or otherwise, results in a
21    conviction for an offense in which a domestic relationship
22    is not a required element of the offense but in which a
23    determination of the applicability of 18 U.S.C. 922(g)(9)
24    is made under Section 112A-11.1 of the Code of Criminal
25    Procedure of 1963, an entry by the court of a judgment of
26    conviction for that offense shall be grounds for denying an

 

 

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1    application for and for revoking and seizing a Firearm
2    Owner's Identification Card previously issued to the
3    person under this Act;
4        (m) (Blank);
5        (n) A person who is prohibited from acquiring or
6    possessing firearms or firearm ammunition by any Illinois
7    State statute or by federal law;
8        (o) A minor subject to a petition filed under Section
9    5-520 of the Juvenile Court Act of 1987 alleging that the
10    minor is a delinquent minor for the commission of an
11    offense that if committed by an adult would be a felony;
12        (p) An adult who had been adjudicated a delinquent
13    minor under the Juvenile Court Act of 1987 for the
14    commission of an offense that if committed by an adult
15    would be a felony;
16        (q) A person who is not a resident of the State of
17    Illinois, except as provided in subsection (a-10) of
18    Section 4;
19        (r) A person who has been adjudicated as a mentally
20    disabled person;
21        (s) A person who has been found to be developmentally
22    disabled;
23        (t) A person involuntarily admitted into a mental
24    health facility; or
25        (u) A person who has had his or her Firearm Owner's
26    Identification Card revoked or denied under subsection (e)

 

 

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1    of this Section or item (iv) of paragraph (2) of subsection
2    (a) of Section 4 of this Act because he or she was a
3    patient in a mental health facility as provided in item (2)
4    of subsection (e) of this Section, shall not be permitted
5    to obtain a Firearm Owner's Identification Card, after the
6    5-year 5 year period has lapsed, unless he or she has
7    received a mental health evaluation by a physician,
8    clinical psychologist, or qualified examiner as those
9    terms are defined in the Mental Health and Developmental
10    Disabilities Code, and has received a certification that he
11    or she is not a clear and present danger to himself,
12    herself, or others. The physician, clinical psychologist,
13    or qualified examiner making the certification and his or
14    her employer shall not be held criminally, civilly, or
15    professionally liable for making or not making the
16    certification required under this subsection, except for
17    willful or wanton misconduct. This subsection does not
18    apply to a person whose firearm possession rights have been
19    restored through administrative or judicial action under
20    Section 10 or 11 of this Act. ; or
21    (v) Upon revocation of a person's Firearm Owner's
22Identification Card, the Department of State Police shall
23provide notice to the person and the person shall comply with
24Section 9.5 of this Act.
25    (B) The Department of State Police may revoke and seize a
26Firearm Owner's Identification Card previously issued under

 

 

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1this Act of a person who fails to report the loss or theft of a
2handgun a second time to the local law enforcement agency
3within 72 hours after the person should have known of the
4second loss or theft.
5(Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813,
6eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13;
798-63, eff. 7-9-13; 98-508, eff. 8-19-13; revised 9-24-13.)
 
8    Section 20. The Criminal Code of 2012 is amended by
9changing Section 24-3A and by adding Sections 24-1.9, 24-1.10,
10and 24-4.2 as follows:
 
11    (720 ILCS 5/24-1.9 new)
12    Sec. 24-1.9. Possession, delivery, sale, and purchase of
13semi-automatic assault weapons, assault weapon attachments,
14.50 caliber rifles, and .50 caliber cartridges.
15    (a) Definitions. In this Section:
16        (1) "Semi-automatic assault weapon" means:
17            (A) any of the firearms or types, replicas, or
18        duplicates in any caliber of the firearms, known as:
19                (i) Norinco, Mitchell, and Poly Technologies
20            Avtomat Kalashnikovs (all models);
21                (ii) Action Arms Israeli Military Industries
22            UZI and Galil;
23                (iii) Beretta AR-70 (SC-70);
24                (iv) Colt AR-15;

 

 

SB3560- 20 -LRB098 17551 RLC 52660 b

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

 

 

SB3560- 21 -LRB098 17551 RLC 52660 b

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

 

 

SB3560- 22 -LRB098 17551 RLC 52660 b

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

 

 

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1    ammunition or shotgun ammunition with a caliber
2    measurement that is equal to or greater than .50 caliber.
3        (6) "Fore grip" includes any feature of a rifle,
4    shotgun, or pistol capable of functioning as a protruding
5    grip that can be held by the non-trigger hand.
6    (b) The Department of State Police shall take all steps
7necessary to carry out the requirements of this Section within
8180 days after the effective date of this amendatory Act of the
998th General Assembly.
10    (c) Except as provided in subsections (d), (e), (f), and
11(h) of this Section, on or after the effective date of this
12amendatory Act of the 98th General Assembly, it is unlawful for
13any person within this State to knowingly deliver, sell, or
14purchase or cause to be delivered, sold, or purchased or cause
15to be possessed by another, a semi-automatic assault weapon, an
16assault weapon attachment, any .50 caliber rifle, or .50
17caliber cartridge.
18    (d) Except as otherwise provided in subsections (e), (f),
19and (h) of this Section, 270 days after the effective date of
20this amendatory Act of the 98th General Assembly, it is
21unlawful for any person within this State to knowingly possess
22a semi-automatic assault weapon, an assault weapon attachment,
23any .50 caliber rifle, or .50 caliber cartridge.
24    (e) This Section does not apply to a person who possessed a
25weapon or attachment prohibited by subsection (d) of this
26Section before the effective date of this amendatory Act of the

 

 

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198th General Assembly, provided that the person has provided in
2a registration affidavit, under oath or affirmation and in the
3form and manner prescribed by the Department of State Police,
4his or her name, date of birth, Firearm Owners Identification
5Card Number, the weapon's or attachment's make, model, caliber,
6and serial number, and proof of a locking mechanism that
7properly fits the weapon, on or after 180 days after the
8effective date of this amendatory Act of the 98th General
9Assembly but within 270 days after the effective date of this
10amendatory Act of the 98th General Assembly. The affidavit
11shall include a statement that the weapon or attachment is
12owned by the person submitting the affidavit and that he or she
13owns the proper locking mechanism for the weapon. Each
14affidavit form shall include the following statement printed in
15bold type: "Warning: Entering false information on this form is
16punishable as perjury under Section 32-2 of the Criminal Code
17of 2012.". Beginning 270 days after the effective date of this
18amendatory Act of the 98th General Assembly, the person may
19transfer the weapon or attachment only to an heir, an
20individual residing in another state maintaining that weapon in
21another state, or a dealer licensed as a federal firearms
22dealer under Section 923 of the federal Gun Control Act of
231968. Within 10 days after transfer of the weapon or
24attachment, the person shall notify the Department of State
25Police of the name and address of the transferee and comply
26with the requirements of subsection (b) of Section 3 of the

 

 

SB3560- 25 -LRB098 17551 RLC 52660 b

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

 

 

SB3560- 26 -LRB098 17551 RLC 52660 b

1    Code.
2        (2) Acquisition and possession by a local law
3    enforcement agency for the purpose of equipping the
4    agency's peace officers as defined in paragraph (1) of this
5    subsection.
6        (3) Wardens, superintendents, and keepers of prisons,
7    penitentiaries, jails, and other institutions for the
8    detention of persons accused or convicted of an offense.
9        (4) Members of the Armed Services or Reserve Forces of
10    the United States or the Illinois National Guard, while in
11    the performance of their official duties or while traveling
12    to or from their place of duty.
13        (5) Any company that employs armed security officers in
14    this State at a nuclear energy, storage, weapons, or
15    development site or facility regulated by the federal
16    Nuclear Regulatory Commission and persons employed as an
17    armed security force member at a nuclear energy, storage,
18    weapons, or development site or facility regulated by the
19    federal Nuclear Regulatory Commission who have completed
20    the background screening and training mandated by the rules
21    and regulations of the federal Nuclear Regulatory
22    Commission and while in the performance of their official
23    duties.
24        (6) Manufacture, transportation, or sale of weapons,
25    attachments, or ammunition to persons authorized under
26    subdivisions (1) through (5) of this subsection (h) to

 

 

SB3560- 27 -LRB098 17551 RLC 52660 b

1    possess those items.
2        (7) Manufacture, transportation, or sale of weapons,
3    attachments, or ammunition for sale or transfer in another
4    state.
5        (8) Possession of any firearm if that firearm is
6    sanctioned by the International Olympic Committee and by
7    USA Shooting, the national governing body for
8    international shooting competition in the United States,
9    but only when the firearm is in the actual possession of an
10    Olympic target shooting competitor or target shooting
11    coach for the purpose of storage, transporting to and from
12    Olympic target shooting practice or events if the firearm
13    is broken down in a non-functioning state, is not
14    immediately accessible, or is unloaded and enclosed in a
15    case, firearm carrying box, shipping box, or other
16    container, and when the Olympic target shooting competitor
17    or target shooting coach is engaging in those practices or
18    events. For the purposes of this paragraph (8), "firearm"
19    is as defined in Section 1.1 of the Firearm Owners
20    Identification Card Act.
21        (9) Any non-resident who transports, within 24 hours, a
22    semi-automatic assault weapon for any lawful purpose from
23    any place where he or she may lawfully possess and carry
24    that weapon to any other place where he or she may lawfully
25    possess and carry that weapon if, during the transportation
26    the weapon is unloaded, and neither the weapon nor any

 

 

SB3560- 28 -LRB098 17551 RLC 52660 b

1    ammunition being transported is readily accessible or is
2    directly accessible from the passenger compartment of the
3    transporting vehicle. Provided that, in the case of a
4    vehicle without a compartment separate from the driver's
5    compartment the weapon or ammunition shall be contained in
6    a locked container other than the glove compartment or
7    console.
8        (10) Possession of a semi-automatic assault weapon, an
9    assault weapon attachment, a .50 caliber rifle, or .50
10    caliber cartridge at events taking place at the World
11    Shooting and Recreational Complex at Sparta, only while
12    engaged in the legal use of this firearm or attachment, or
13    while traveling to or from this location if the item is
14    broken down in a non-functioning state, or is not
15    immediately accessible, or is unloaded and enclosed in a
16    case, firearm carrying box, shipping box, or other
17    container.
18        (11) Possession of a semi-automatic assault weapon, an
19    assault weapon attachment, a .50 caliber rifle, or .50
20    caliber cartridge only for hunting use expressly permitted
21    under the Wildlife Code, or while traveling to or from a
22    location authorized for this hunting use under the Wildlife
23    Code if the item is broken down in a non-functioning state,
24    or is not immediately accessible, or is unloaded and
25    enclosed in a case, firearm carrying box, shipping box, or
26    other container.

 

 

SB3560- 29 -LRB098 17551 RLC 52660 b

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

 

 

SB3560- 30 -LRB098 17551 RLC 52660 b

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

 

 

SB3560- 31 -LRB098 17551 RLC 52660 b

1    (b) The Department of State Police shall take all steps
2necessary to carry out the requirements of this Section within
3180 days after the effective date of this amendatory Act of the
498th General Assembly.
5    (c) Except as provided in subsection (d) and (e), 60 days
6after the effective date of this amendatory Act of the 98th
7General Assembly, it is unlawful for any person within this
8State to knowingly deliver, sell, purchase, or possess or cause
9to be delivered, sold, purchased, or possessed, a large
10capacity ammunition feeding device.
11    (d) This Section does not apply to a peace officer who has
12retired in good standing from a law enforcement agency of this
13State and who possesses a device prohibited by subsection (c)
14of this Section, if the device was lawfully possessed and
15acquired by the peace officer prior to retirement and the
16retired peace officer within 10 days of retirement, provides in
17a registration affidavit, under oath or affirmation and in the
18form and manner prescribed by the Department of State Police,
19his or her name, date of birth, Firearm Owners Identification
20Card Number, the device's make, model, and caliber. The
21affidavit shall include a statement that the device is owned by
22the person submitting the affidavit. Each affidavit form shall
23include the following statement printed in bold type: "Warning:
24Entering false information on this form is punishable as
25perjury under Section 32-2 of the Criminal Code of 2012.". The
26retired officer may transfer the device only to an heir, an

 

 

SB3560- 32 -LRB098 17551 RLC 52660 b

1individual residing in another state maintaining that device in
2another state, or a dealer licensed as a federal firearms
3dealer under Section 923 of the federal Gun Control Act of
41968. Within 10 days after transfer of the device, the person
5shall notify the Department of State Police of the name and
6address of the transferee and comply with the requirements of
7subsection (b) of Section 3 of the Firearm Owners
8Identification Card Act. The person to whom the device is
9transferred shall, within 60 days of the transfer, complete an
10affidavit as set forth in this subsection. A person to whom the
11device is transferred may transfer the device only as provided
12in this subsection.
13    (e) This Section does not apply to or affect any of the
14following:
15        (1) Peace officers as defined in Section 2-13 of this
16    Code.
17        (2) Acquisition and possession by a local law
18    enforcement agency for the purpose of equipping the
19    agency's peace officers as defined in paragraph (1) of this
20    subsection.
21        (3) Wardens, superintendents, and keepers of prisons,
22    penitentiaries, jails, and other institutions for the
23    detention of persons accused or convicted of an offense.
24        (4) Members of the Armed Services or Reserve Forces of
25    the United States or the Illinois National Guard, while in
26    the performance of their official duties or while traveling

 

 

SB3560- 33 -LRB098 17551 RLC 52660 b

1    to or from their place of duty.
2        (5) Any company that employs armed security officers in
3    this State at a nuclear energy, storage, weapons, or
4    development site or facility regulated by the federal
5    Nuclear Regulatory Commission and persons employed as an
6    armed security force member at a nuclear energy, storage,
7    weapons, or development site or facility regulated by the
8    federal Nuclear Regulatory Commission who have completed
9    the background screening and training mandated by the rules
10    and regulations of the federal Nuclear Regulatory
11    Commission and while in the performance of their official
12    duties.
13        (6) Manufacture, transportation, or sale of large
14    capacity ammunition feeding devices to persons authorized
15    under subdivisions (1) through (5) of this subsection (d)
16    to possess those devices.
17        (7) Manufacture, transportation, or sale of large
18    capacity ammunition feeding devices for sale or transfer in
19    another state.
20        (8) 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

 

 

SB3560- 34 -LRB098 17551 RLC 52660 b

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        (9) Any non-resident who transports, within 24 hours, a
10    large capacity ammunition feeding device for any lawful
11    purpose from any place where he or she may lawfully possess
12    and carry that device to any other place where he or she
13    may lawfully possess and carry that device if, during the
14    transportation the device is unattached to a firearm, and
15    the device is not readily accessible nor is directly
16    accessible from the passenger compartment of the
17    transporting vehicle. Provided that, in the case of a
18    vehicle without a compartment separate from the driver's
19    compartment the device shall be contained in a locked
20    container other than the glove compartment or console.
21        (10) Possession of a large capacity ammunition feeding
22    device at events taking place at the World Shooting and
23    Recreational Complex at Sparta, only while engaged in the
24    legal use of this device, or while traveling to or from
25    this location if the device is broken down in a
26    non-functioning state, or is not immediately accessible,

 

 

SB3560- 35 -LRB098 17551 RLC 52660 b

1    or is unloaded and enclosed in a case, firearm carrying
2    box, shipping box, or other container.
3        (11) Possession of a large capacity ammunition feeding
4    device only for hunting use expressly permitted under the
5    Wildlife Code, or while traveling to or from a location
6    authorized for this hunting use under the Wildlife Code if
7    the device is broken down in a non-functioning state, or is
8    not immediately accessible, or is unloaded and enclosed in
9    a case, firearm carrying box, shipping box, or other
10    container.
11        (12) The manufacture, transportation, possession,
12    sale, or rental of large capacity ammunition feeding
13    devices for blank-firing semi-automatic assault weapons
14    and .50 caliber rifles, to persons authorized or permitted,
15    or both authorized and permitted to acquire and possess
16    these devices for the purpose of rental for use solely as
17    props for a motion picture, television, or video production
18    or entertainment event.
19    (f) Sentence. A person who knowingly delivers, sells,
20purchases, or possesses or causes to be delivered, sold,
21purchased, or possessed in violation of this Section a large
22capacity ammunition feeding device capable of holding more than
2310 rounds of ammunition commits a Class 3 felony for a first
24violation and a Class 2 felony for a second or subsequent
25violation or for possession or delivery of 2 or more of these
26devices at the same time. Any other violation of this Section

 

 

SB3560- 36 -LRB098 17551 RLC 52660 b

1is a Class A misdemeanor.
 
2    (720 ILCS 5/24-3A)
3    Sec. 24-3A. Gunrunning.
4    (a) A person commits gunrunning when he or she transfers 3
5or more firearms in violation of any of the paragraphs of
6Section 24-3 of this Code.
7    (b) Sentence. A person who commits gunrunning:
8        (1) is guilty of a Class X 1 felony;
9        (2) is guilty of a Class X felony for which the
10    sentence shall be a term of imprisonment of not less than
11    10 8 years and not more than 40 years if the transfer is of
12    not less than 11 firearms and not more than 20 firearms;
13        (3) is guilty of a Class X felony for which the
14    sentence shall be a term of imprisonment of not less than
15    15 10 years and not more than 50 years if the transfer is
16    of more than 20 firearms.
17A person who commits gunrunning by transferring firearms to a
18person who, at the time of the commission of the offense, is
19under 18 years of age is guilty of a Class X felony for which
20the sentence shall be a term of imprisonment of not less than 8
21years.
22(Source: P.A. 93-906, eff. 8-11-04.)
 
23    (720 ILCS 5/24-4.2 new)
24    Sec. 24-4.2. Report of lost or stolen handguns,

 

 

SB3560- 37 -LRB098 17551 RLC 52660 b

1semi-automatic assault weapons, assault weapon attachments,
2.50 caliber rifles, .50 caliber cartridges, or large capacity
3ammunition feeding device.
4    (a) A person who possesses a valid Firearm Owner's
5Identification Card and who possesses or acquires a handgun,
6semi-automatic assault weapon, assault weapon attachment, .50
7caliber rifle, or .50 caliber cartridge and thereafter loses or
8misplaces the handgun, semi-automatic assault weapon, assault
9weapon attachment, .50 caliber rifle, or .50 caliber cartridge,
10or the handgun, semi-automatic assault weapon, assault weapon
11attachment, .50 caliber rifle, or .50 caliber cartridge is
12stolen from the person, the person must report the loss or
13theft to the local law enforcement agency within 72 hours after
14obtaining knowledge of the loss or theft.
15    (b) A person who possesses a valid Firearm Owner's
16Identification Card and who possesses or acquires a large
17capacity ammunition feeding device under an exception in
18subsection (d) or (e) of Section 24-1.10 of this Code and
19thereafter loses or misplaces the device, or the device is
20stolen from the person, the person must report the loss or
21theft to the local law enforcement agency within 72 hours after
22the person should have known of the loss or theft.
23    (c) For the purposes of this Section:
24        "Assault weapon attachment" has the meaning ascribed
25    to it in Section 24-1.9 of this Code.
26        ".50 caliber rifle" has the meaning ascribed to it in

 

 

SB3560- 38 -LRB098 17551 RLC 52660 b

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

 

 

SB3560- 39 -LRB098 17551 RLC 52660 b

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 5/24-4.2 new