Illinois General Assembly - Full Text of HB5522
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Full Text of HB5522  102nd General Assembly

HB5522 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5522

 

Introduced 1/31/2022, by Rep. Maura Hirschauer

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-1.9 new
720 ILCS 5/24-1.10 new

    Amends the Criminal Code of 2012. Makes it unlawful to deliver, sell, or purchase or cause to be delivered, sold, or purchased or cause to be possessed by another, an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge. Makes it unlawful for any person to knowingly possess an assault weapon, .50 caliber rifle, or .50 caliber cartridge 300 days after the effective date of the amendatory Act, except possession of weapons registered with the Illinois State Police in the time provided. Provides exemptions and penalties. Prohibits delivery, sale, purchase or possession of large capacity ammunition feeding devices. Provides exemptions and penalties.


LRB102 25017 RLC 34274 b

 

 

A BILL FOR

 

HB5522LRB102 25017 RLC 34274 b

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 Criminal Code of 2012 is amended by adding
5Sections 24-1.9 and 24-1.10 as follows:
 
6    (720 ILCS 5/24-1.9 new)
7    Sec. 24-1.9. Possession, delivery, sale, and purchase of
8assault weapons, .50 caliber rifles, and .50 caliber
9cartridges.
10    (a) Definitions. In this Section:
11        (1) "Assault weapon" means:
12            (A) any rifle that has a belt fed ammunition
13        system or which has a detachable magazine capable of
14        holding more than 10 rounds of ammunition;
15            (B) a semi-automatic rifle that has the ability to
16        accept a detachable magazine and has any of the
17        following:
18                (i) a folding or telescoping stock; or
19                (ii) a shroud that is attached to, or
20            partially or completely encircles the barrel that
21            permits the shooter to hold the firearm with the
22            non-trigger hand without being burned;
23            (C) a semi-automatic pistol that has the ability

 

 

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1        to accept a detachable magazine and has any of the
2        following:
3                (i) a folding or telescoping stock;
4                (ii) a shroud that is attached to, or
5            partially or completely encircles the barrel, that
6            permits the shooter to hold the firearm with the
7            non-trigger hand without being burned; or
8                (iii) a manufactured weight of 50 ounces or
9            more when the pistol is unloaded.
10            (D) a semi-automatic rifle with a fixed magazine
11        that has the capacity to accept more than 10 rounds of
12        ammunition;
13            (E) a semi-automatic shotgun that has:
14                (i) a folding or telescoping stock; and
15                (ii) contains its ammunition in a revolving
16            cylinder; or
17                (iii) a fixed magazine capacity in excess of 5
18            rounds of ammunition, except as may be authorized
19            under the Wildlife Code and excluding magazine
20            extensions during the snow geese conservation
21            order season; or
22                (iv) an ability to accept a detachable
23            magazine of more than 5 rounds of ammunition.
24            "Assault weapon" does not include:
25            (A) any firearm that:
26                (i) is manually operated by bolt, pump, lever,

 

 

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1            or slide action;
2                (ii) is an unserviceable firearm or has been
3            made permanently inoperable;
4                (iii) is an antique firearm;
5                (iv) uses rimfire ammunition or cartridges; or
6                (iv) has been excluded as an assault weapon in
7            a Department of Natural Resources rule. The
8            Department of Natural Resources shall have the
9            authority to adopt rules to further define
10            exclusions of assault weapon types under this
11            Section, provided the make, model, and caliber of
12            the firearm excluded has a viable application to
13            hunting game and conforms to accepted hunting
14            principles of fair chase;
15            (B) any air rifle as defined in Section 24.8-0.1
16        of this Code.
17    In this Section, a firearm is considered to have the
18ability to accept a detachable magazine unless the magazine or
19ammunition feeding device can only be removed through
20disassembly of the firearm action.
21        (2) "Assault weapon attachment" means any device
22    capable of being attached to a firearm that is
23    specifically designed for making or converting a firearm
24    into any of the firearms listed in paragraph (1) of this
25    subsection (a).
26        (3) "Antique firearm" has the meaning ascribed to it

 

 

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1    in 18 U.S.C. 921 (a)(16).
2        (4) ".50 caliber rifle" means a centerfire rifle
3    capable of firing a .50 caliber cartridge. The term does
4    not include any antique firearm, any shotgun including a
5    shotgun that has a rifle barrel, or any muzzle-loader
6    which uses black powder for hunting or historical
7    re-enactments.
8        (5) ".50 caliber cartridge" means a cartridge in .50
9    BMG caliber, either by designation or actual measurement,
10    that is capable of being fired from a centerfire rifle.
11    The term ".50 caliber cartridge" does not include any
12    memorabilia or display item that is filled with a
13    permanent inert substance or that is otherwise permanently
14    altered in a manner that prevents ready modification for
15    use as live ammunition or shotgun ammunition with a
16    caliber measurement that is equal to or greater than .50
17    caliber.
18        (6) "Locking mechanism" means secured by a device or
19    mechanism, other than the firearm safety, designed to
20    render a firearm temporarily inoperable; or a box or
21    container capable of containing the firearm and that can
22    be securely locked.
23    (b) The Illinois State Police shall take all steps
24necessary to carry out the requirements of this Section within
25180 days after the effective date of this amendatory Act of the
26102nd General Assembly.

 

 

HB5522- 5 -LRB102 25017 RLC 34274 b

1    (c) Except as provided in subsections (d), (e), (f), and
2(h), on or after the effective date of this amendatory Act of
3the 102nd General Assembly, it is unlawful for any person
4within this State to knowingly deliver, sell, or purchase or
5cause to be delivered, sold, or purchased or cause to be
6possessed by another, an assault weapon, assault weapon
7attachment, .50 caliber rifle, or .50 caliber cartridge.
8    (d) Except as otherwise provided in subsections (e), (f),
9and (h), 300 days after the effective date of this amendatory
10Act of the 102nd General Assembly, it is unlawful for any
11person within this State to knowingly possess an assault
12weapon, .50 caliber rifle, or .50 caliber cartridge.
13    (e) This Section does not apply to a person who possessed
14an assault weapon or .50 caliber rifle prohibited by
15subsection (d) of this Section before the effective date of
16this amendatory Act of the 102nd General Assembly, provided
17the person has provided in a registration affidavit, under
18oath or affirmation and in the form and manner prescribed by
19the Illinois State Police on or after 180 days after the
20effective date of this amendatory Act of the 102nd General
21Assembly but within 300 days after the effective date of this
22amendatory Act of the 102nd General Assembly:
23        (1) his or her name;
24        (2) date of birth;
25        (3) Firearm Owner's Identification Card number;
26        (4) the make, model, caliber, and serial number of the

 

 

HB5522- 6 -LRB102 25017 RLC 34274 b

1    weapon; and
2        (5) proof of a locking mechanism that properly fits
3    the weapon. The affidavit shall include a statement that
4    the weapon is owned by the person submitting the affidavit
5    and that he or she owns a locking mechanism for the weapon.
6    The affidavit form shall include the following statement
7printed in bold type: "Warning: Entering false information on
8this form is punishable as perjury under Section 32-2 of the
9Criminal Code of 2012."
10    Beginning 300 days after the effective date of this
11amendatory Act of the 102nd General Assembly, the person may
12transfer the assault weapon or .50 caliber rifle only to an
13heir, an individual residing in another state maintaining it
14in another state, or a dealer licensed as a federal firearms
15dealer under Section 923 of the federal Gun Control Act of
161968. Within 10 days after transfer of the weapon except to an
17heir, the person shall notify the Illinois State Police of the
18name and address of the transferee and comply with the
19requirements of subsection (b) of Section 3 of the Firearm
20Owners Identification Card Act. The person to whom the weapon
21is transferred shall, within 60 days of the transfer, complete
22an affidavit and pay the required registration fee under this
23Section. A person to whom the weapon is transferred may
24transfer it only as provided in this subsection.
25    (f) This Section does not apply to a peace officer who has
26retired in good standing from a law enforcement agency of this

 

 

HB5522- 7 -LRB102 25017 RLC 34274 b

1State and who possesses an assault weapon or .50 caliber rifle
2prohibited by subsection (d), if the weapon was lawfully
3possessed and acquired by the peace officer prior to
4retirement and the retired peace officer within 30 days of
5retirement registers the weapon with the Illinois State Police
6and pays the required registration fee under this Section. The
7retired peace officer shall comply with the transfer and
8notification requirements in subsection (e).
9    (g) For the purpose of registration required under
10subsections (e) and (f), the Illinois State Police shall
11assess a registration fee of $25 per person to the owner of an
12assault weapon and $25 per person to the owner of a .50 caliber
13rifle. The fees shall be deposited into the State Police
14Firearm Services Fund.
15    (h) 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
22    this subsection (h).
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

 

 

HB5522- 8 -LRB102 25017 RLC 34274 b

1    the United States or the Illinois National Guard, while in
2    the performance of their official duties or while
3    traveling to or from their place of duty.
4        (5) Any company that employs armed security officers
5    in 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
12    rules 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 weapons,
16    attachments, or ammunition to persons authorized under
17    subdivisions (1) through (5) of this subsection (h) to
18    possess those items.
19        (7) Manufacture, transportation, or sale of weapons,
20    attachments, or ammunition for sale or transfer in another
21    state.
22        (8) Possession of any firearm if that firearm is
23    sanctioned by the International Olympic Committee and by
24    USA Shooting, the national governing body for
25    international shooting competition in the United States,
26    but only when the firearm is in the actual possession of an

 

 

HB5522- 9 -LRB102 25017 RLC 34274 b

1    Olympic target shooting competitor or target shooting
2    coach for the purpose of storage, transporting to and from
3    Olympic target shooting practice or events if the firearm
4    is broken down in a non-functioning state, is not
5    immediately accessible, or is unloaded and enclosed in a
6    firearm case, carrying box, shipping box, or other similar
7    portable container designed for the safe transportation of
8    firearms, and when the Olympic target shooting competitor
9    or target shooting coach is engaging in those practices or
10    events. For the purposes of this paragraph (8), "firearm"
11    is as defined in Section 1.1 of the Firearm Owners
12    Identification Card Act.
13        (9) Any non-resident who transports, within 24 hours,
14    a weapon for any lawful purpose from any place where he or
15    she may lawfully possess and carry that weapon to any
16    other place where he or she may lawfully possess and carry
17    that weapon if, during the transportation the weapon is
18    unloaded, and neither the weapon nor any ammunition being
19    transported is readily accessible or is directly
20    accessible from the passenger compartment of the
21    transporting vehicle. Provided that, in the case of a
22    vehicle without a compartment separate from the driver's
23    compartment the weapon or ammunition shall be contained in
24    a locked container other than the glove compartment or
25    console.
26        (10) Possession of a weapon at events taking place at

 

 

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1    the World Shooting and Recreational Complex at Sparta,
2    only while engaged in the legal use of this weapon, or
3    while traveling to or from this location if the weapon is
4    broken down in a non-functioning state, or is not
5    immediately accessible, or is unloaded and enclosed in a
6    firearm case, carrying box, shipping box, or other similar
7    portable container designed for the safe transportation of
8    firearms.
9        (11) Possession of a weapon only for hunting use
10    expressly permitted under the Wildlife Code, or while
11    traveling to or from a location authorized for this
12    hunting use under the Wildlife Code if the weapon is
13    broken down in a non-functioning state, or is not
14    immediately accessible, or is unloaded and enclosed in a
15    firearm case, carrying box, shipping box, or other similar
16    portable container designed for the safe transportation of
17    firearms.
18        (12) The manufacture, transportation, possession,
19    sale, or rental of blank-firing assault weapons and .50
20    caliber rifles, or the weapon's respective attachments, to
21    persons authorized or permitted, or both authorized and
22    permitted to acquire and possess these weapons or
23    attachments for the purpose of rental for use solely as
24    props for a motion picture, television, or video
25    production or entertainment event.
26    (i) Sentence.

 

 

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1        (1) A person who knowingly delivers, sells, purchases,
2    or possesses or causes to be delivered, sold, purchased,
3    or possessed an assault weapon in violation of this
4    Section commits a Class 3 felony for a first violation and
5    a Class 2 felony for a second or subsequent violation or
6    for the possession or delivery of 2 or more of these
7    weapons at the same time.
8        (2) A person who knowingly delivers, sells, purchases,
9    or possesses or causes to be delivered, sold, purchased,
10    or possessed in violation of this Section an assault
11    weapon attachment commits a Class 4 felony for a first
12    violation and a Class 3 felony for a second or subsequent
13    violation.
14        (3) A person who knowingly delivers, sells, purchases,
15    or possesses or causes to be delivered, sold, purchased,
16    or possessed in violation of this Section a .50 caliber
17    rifle commits a Class 3 felony for a first violation and a
18    Class 2 felony for a second or subsequent violation or for
19    the possession or delivery of 2 or more of these weapons at
20    the same time.
21        (4) A person who knowingly delivers, sells, purchases,
22    or possesses or causes to be delivered, sold, purchased,
23    or possessed in violation of this Section a .50 caliber
24    cartridge commits a Class A misdemeanor.
25        (5) Any other violation of this Section is a Class A
26    misdemeanor.
 

 

 

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1    (720 ILCS 5/24-1.10 new)
2    Sec. 24-1.10. Delivery or sale of large capacity
3ammunition feeding devices.
4    (a) In this Section:
5    "Large capacity ammunition feeding device" means:
6        (1) a magazine, belt, drum, feed strip, or similar
7    device that has a capacity of, or that can be readily
8    restored or converted to accept, more than 10 rounds of
9    ammunition; or
10        (2) any combination of parts from which a device
11    described in paragraph (1) can be assembled.
12    "Large capacity ammunition feeding device" does not
13include an attached tubular device designed to accept, and
14capable of operating only with, .22 caliber rimfire
15ammunition. "Large capacity ammunition feeding device" does
16not include a tubular magazine that is contained in a
17lever-action firearm or any device that has been made
18permanently inoperable.
19    (b) Except as provided in subsection (c), it is unlawful
20for any person within this State to knowingly deliver, sell,
21purchase, or possess or cause to be delivered, sold, or
22purchased a large capacity ammunition feeding device.
23    (c) This Section does not apply to or affect any of the
24following:
25        (1) Peace officers as defined in Section 2-13 of this

 

 

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

 

 

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1    feeding devices for blank-firing assault weapons and .50
2    caliber rifles, to persons authorized or permitted, or
3    both authorized and permitted to acquire these devices for
4    the purpose of rental for use solely as props for a motion
5    picture, television, or video production or entertainment
6    event.
7    (d) Sentence. A person who knowingly delivers, sells,
8purchases, or causes to be delivered, sold, or purchased in
9violation of this Section a large capacity ammunition feeding
10device capable of holding more than 15 rounds of ammunition
11commits a Class 3 felony for a first violation and a Class 2
12felony for a second or subsequent violation or for delivery or
13possession of 2 or more of these devices at the same time. Any
14other violation of this Section is a Class A misdemeanor.