SB2562 93RD GENERAL ASSEMBLY

LRB093 15345 RLC 40947 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2562

Introduced 2/3/2004, by Antonio Munoz

SYNOPSIS AS INTRODUCED:

720 ILCS 5/24-1.7 new

Amends the Criminal Code of 1961. Prohibits the knowing manufacture, delivery, and possession of a large capacity ammunition feeding device (a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition and any combination of parts from which such a device can be assembled). Establishes penalties for violations. Requires a person who possesses a large capacity ammunition feeding device on the effective date of the amendatory Act, within 90 days after that date, to destroy the device, render the device permanently inoperable, relinquish the device to a law enforcement agency, or remove the device from the State. Establishes as an affirmative defense to a violation, the delivery or possession of a large capacity ammunition feeding device while in the performance of their official duties by peace officers, correctional institutional employees and officials, and members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT in relation to criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 1961 is amended by adding Section 24-1.7 as follows:

(720 ILCS 5/24-1.7 new)

Sec. 24-1.7. Manufacture, possession, and delivery of large capacity ammunition feeding devices.

(a) As used in this Section:

"Large capacity ammunition feeding device" means:

(1) a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition; or

(2) any combination of parts from which a device described in paragraph (1) can be assembled.

"Large capacity ammunition feeding device" does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition or any device that has been made permanently inoperable.

(b) Except as provided in subsection (c), it is unlawful for any person within this State, beginning 90 days after the effective date of this amendatory Act of the 93rd General Assembly, to knowingly manufacture, deliver, or possess or cause to be manufactured, delivered, or possessed, a large capacity ammunition feeding device.

(c) Any person who knowingly possesses a large capacity ammunition feeding device on the effective date of this amendatory Act of the 93rd General Assembly must, within 90 days after the effective date of this amendatory Act of the 93rd General Assembly, destroy the device, render it permanently inoperable, relinquish it to a law enforcement agency, or remove it from this State.

(d) A person has an affirmative defense to an alleged violation of subsection (c) of this Section if he or she lawfully possessed or delivered the large capacity ammunition feeding device while in the performance of his or her official duties as a peace officer, correctional institution employee or official, or member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard.

(e) Sentence. A person who possesses or delivers in violation of this Section a large capacity ammunition feeding device capable of holding more than 17 rounds of ammunition commits a Class 3 felony for a first violation and a Class 2 felony for a second or subsequent violation or for possession or delivery of 2 or more of these devices at the same time. A person who possesses or delivers in violation of this Section a large capacity ammunition feeding device capable of holding more than 10 rounds but not more than 17 rounds of ammunition commits a Class 4 felony for a first violation and a Class 3 felony for a second or subsequent violation or for possession or delivery of more than one of these devices at the same time.