Full Text of HB5751 96th General Assembly
HB5751 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5751
Introduced 2/9/2010, by Rep. Edward J. Acevedo SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/24-1.9 new |
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720 ILCS 5/24-1.10 new |
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Amends the Criminal Code of 1961. Provides that 90 days after the effective date of this amendatory Act, it is unlawful for any person within this State to knowingly manufacture, deliver, sell, purchase, or possess or cause to be manufactured, delivered, sold, purchased, or possessed a semi-automatic assault weapon, an assault weapon attachment, any .50 caliber rifle, or .50 caliber cartridge. Provides that beginning 90 days after the effective date of this amendatory Act, it is unlawful for any person within this State to knowingly manufacture, deliver, sell, purchase, or possess or cause to be manufactured, delivered, sold, purchased, or possessed a large capacity ammunition feeding device. Provides that these provisions do not apply to a person who possessed a prohibited weapon, device, or attachment before the effective date of this amendatory Act if the person has provided proof of ownership to the Department of State Police within 90 days after the effective date of this amendatory Act. Provides that on or after the effective date of this amendatory Act, such person may transfer such device only to an heir, an individual residing in another state maintaining that device in another state, or a dealer licensed as a federal firearms dealer. Specifies penalties for violations. Provides exemptions. Provides that the provisions of the Act are severable. Effective immediately.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB5751 |
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LRB096 18507 RLC 33888 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by adding | 5 |
| Sections 24-1.9 and 24-1.10 as follows: | 6 |
| (720 ILCS 5/24-1.9 new) | 7 |
| Sec. 24-1.9. Manufacture, possession, delivery, sale, and | 8 |
| purchase of semi-automatic assault weapons, assault weapon | 9 |
| attachments, .50 caliber rifles, and .50 caliber cartridges. | 10 |
| (a) Definitions. In this Section: | 11 |
| (1) "Semi-automatic assault weapon" means: | 12 |
| (A) any of the firearms or types, replicas, or | 13 |
| duplicates in any caliber of the firearms, known as: | 14 |
| (i) Norinco, Mitchell, and Poly Technologies | 15 |
| Avtomat Kalashnikovs (all models); | 16 |
| (ii) Action Arms Israeli Military Industries | 17 |
| UZI and Galil; | 18 |
| (iii) Beretta AR-70 (SC-70); | 19 |
| (iv) Colt AR-15; | 20 |
| (v) Fabrique Nationale FN/FAL, FN/LAR, and | 21 |
| FNC; | 22 |
| (vi) SWD M-10, M-11, M-11/9, and M-12; | 23 |
| (vii) Steyr AUG; |
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| (viii) INTRATEC TEC-9, TEC-DC9, and TEC-22; | 3 |
| and | 4 |
| (ix) any shotgun which contains its ammunition | 5 |
| in a revolving cylinder, such as (but not limited | 6 |
| to) the Street Sweeper and Striker 12; | 7 |
| (B) a semi-automatic rifle that has an ability to | 8 |
| accept a detachable magazine and has any of the | 9 |
| following: | 10 |
| (i) a folding or telescoping stock; | 11 |
| (ii) a pistol grip or thumbhole stock; | 12 |
| (iii) a shroud that is attached to, or | 13 |
| partially or completely encircles the barrel, and | 14 |
| that permits the shooter to hold the firearm with | 15 |
| the non-trigger hand without being burned; or | 16 |
| (iv) a fixed magazine that has the capacity to | 17 |
| accept more than 10 rounds of ammunition; | 18 |
| (C) a semi-automatic pistol that has an ability to | 19 |
| accept a detachable magazine and has any of the | 20 |
| following: | 21 |
| (i) a folding, telescoping, or thumbhole | 22 |
| stock; | 23 |
| (ii) a shroud that is attached to, or partially | 24 |
| or completely encircles the barrel, and that | 25 |
| permits the shooter to hold the firearm with the | 26 |
| non-trigger hand without being burned; |
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| (iii) an ammunition magazine that attaches to | 2 |
| the pistol outside of the pistol grip; | 3 |
| (iv) a fixed magazine that has the capacity to | 4 |
| accept more than 10 rounds of ammunition; | 5 |
| (v) a manufactured weight of 50 ounces or more | 6 |
| when the pistol is unloaded; or | 7 |
| (vi) a semi-automatic version of an automatic | 8 |
| firearm; | 9 |
| (D) a semi-automatic shotgun that has any of the | 10 |
| following: | 11 |
| (i) a folding or telescoping stock; | 12 |
| (ii) a pistol grip or thumbhole stock; | 13 |
| (iii) a fixed magazine capacity in excess of 5 | 14 |
| rounds; or | 15 |
| (iv) an ability to accept a detachable | 16 |
| magazine. | 17 |
| "Semi-automatic assault weapon" does not | 18 |
| include: | 19 |
| (A) any firearm that: | 20 |
| (i) is manually operated by bolt, pump, lever, | 21 |
| or slide action; | 22 |
| (ii) is an "unserviceable firearm" or has been | 23 |
| made permanently inoperable; or | 24 |
| (iii) is an antique firearm; | 25 |
| (B) any air rifle as defined in Section 1 of the | 26 |
| Air Rifle Act. |
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| (2) "Assault weapon attachment" means any device | 2 |
| capable of being attached to a firearm that is specifically | 3 |
| designed for making or converting a firearm into any of the | 4 |
| firearms listed in paragraph (1) of subsection (a) of this | 5 |
| Section. | 6 |
| (3) "Antique firearm" has the meaning ascribed to it in | 7 |
| 18 U.S.C. Section 921 (a)(16). | 8 |
| (4) ".50 caliber rifle" means a centerfire rifle | 9 |
| capable of firing a .50 caliber cartridge. The term does | 10 |
| not include any antique firearm as defined in 18 U.S.C. | 11 |
| Section 921 (a)(16), any shotgun including a shotgun that | 12 |
| has a rifle barrel, or a muzzle-loader used for "black | 13 |
| powder" hunting or battle re-enactments. | 14 |
| (5) ".50 caliber cartridge" means a cartridge in .50 | 15 |
| BMG caliber, either by designation or actual measurement, | 16 |
| that is capable of being fired from a centerfire rifle. The | 17 |
| term ".50 caliber cartridge" does not include any | 18 |
| memorabilia or display item that is filled with a permanent | 19 |
| inert substance or that is otherwise permanently altered in | 20 |
| a manner that prevents ready modification for use as live | 21 |
| ammunition or shotgun ammunition with a caliber | 22 |
| measurement that is equal to or greater than .50 caliber. | 23 |
| (b) Except as provided in subsections (c) and (d), 90 days | 24 |
| after the effective date of this amendatory Act of the 96th | 25 |
| General Assembly, it is unlawful for any person within this | 26 |
| State to knowingly manufacture, deliver, sell, purchase, or |
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| possess or cause to be manufactured, delivered, sold, | 2 |
| purchased, or possessed, a semi-automatic assault weapon, an | 3 |
| assault weapon attachment, any .50 caliber rifle, or .50 | 4 |
| caliber cartridge. | 5 |
| (c) This Section does not apply to a person who possessed a | 6 |
| weapon or attachment prohibited by subsection (b) before the | 7 |
| effective date of this amendatory Act of the 96th General | 8 |
| Assembly, provided that the person has provided proof of | 9 |
| ownership to the Department of State Police within 90 days | 10 |
| after the effective date of this amendatory Act of the 96th | 11 |
| General Assembly as required by law. On or after the effective | 12 |
| date of this amendatory Act of the 96th General Assembly, such | 13 |
| person may transfer such weapon or attachment only to an heir, | 14 |
| an individual residing in another state maintaining that weapon | 15 |
| in another state, or a dealer licensed as a federal firearms | 16 |
| dealer under Section 923 of the federal Gun Control Act of | 17 |
| 1968. | 18 |
| (d) This Section does not apply to or affect any of the | 19 |
| following: | 20 |
| (1) Peace officers as defined in Section 2-13 of this | 21 |
| Code and retired peace officers not otherwise prohibited | 22 |
| from receiving a firearm, in possession of a semi-automatic | 23 |
| assault weapon, assault weapon attachment, or .50 caliber | 24 |
| rifle transferred to the retired peace officer by his or | 25 |
| her law enforcement agency upon retirement. | 26 |
| (2) Wardens, superintendents, and keepers of prisons, |
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| penitentiaries, jails, and other institutions for the | 2 |
| detention of persons accused or convicted of an offense. | 3 |
| (3) Members of the Armed Services or Reserve Forces of | 4 |
| the United States or the Illinois National Guard, while in | 5 |
| the performance of their official duties or while traveling | 6 |
| to or from their place of duty. | 7 |
| (4) Manufacture, transportation, or sale of weapons, | 8 |
| attachments, or ammunition to persons authorized under | 9 |
| subdivisions (1) through (3) of this subsection to possess | 10 |
| those items. | 11 |
| (5) Possession of a semi-automatic assault weapon, an | 12 |
| assault weapon attachment, a .50 caliber rifle, or a .50 | 13 |
| caliber cartridge at events taking place at the World | 14 |
| Shooting and Recreational Complex at Sparta, only while | 15 |
| engaged in the legal use of the firearm or attachment, or | 16 |
| while traveling to or from this location if the items are | 17 |
| broken down in a non-functioning state, or are not | 18 |
| immediately accessible, or are unloaded and enclosed in a | 19 |
| case, firearm carrying box, shipping box, or other | 20 |
| container. | 21 |
| (6) Possession of any firearm if that firearm is | 22 |
| sanctioned by the International Olympic Committee and by | 23 |
| USA Shooting, the national governing body for | 24 |
| international shooting competition in the United States, | 25 |
| but only when the firearm is in the actual possession of an | 26 |
| Olympic target shooting competitor or target shooting |
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| coach for the purpose of storage, transporting to and from | 2 |
| Olympic target shooting practice or events if the firearm | 3 |
| is broken down in a non-functioning state, is not | 4 |
| immediately accessible, or is unloaded and enclosed in a | 5 |
| case, firearm carrying box, shipping box, or other | 6 |
| container, and when the Olympic target shooting competitor | 7 |
| or target shooting coach is engaging in those practices or | 8 |
| events. For the purposes of this paragraph (6), "firearm" | 9 |
| is defined in Section 1.1 of the Firearm Owners | 10 |
| Identification Card Act. | 11 |
| (7) Possession of a semi-automatic assault weapon, an | 12 |
| assault weapon attachment, a .50 caliber rifle, or a .50 | 13 |
| caliber cartridge only for a hunting use expressly | 14 |
| permitted under the Wildlife Code, or while traveling to or | 15 |
| from a location authorized for such hunting use under the | 16 |
| Wildlife Code if the items are broken down in a | 17 |
| non-functioning state, or are not immediately accessible, | 18 |
| or are unloaded and enclosed in a case, firearm carrying | 19 |
| box, shipping box, or other container. | 20 |
| (8) Manufacture, transportation, possession, sale, or | 21 |
| rental of blank-firing semi-automatic assault weapons and | 22 |
| .50 caliber rifles or the weapons respective attachments to | 23 |
| persons authorized or permitted, or both authorized and | 24 |
| permitted to acquire and possess such weapons for the | 25 |
| purposes of rental for use solely as props for a motion | 26 |
| picture, television, or video production or entertainment |
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LRB096 18507 RLC 33888 b |
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| event. | 2 |
| (e) Sentence. | 3 |
| (1) A person who knowingly manufactures, delivers, | 4 |
| sells, purchases, or possesses or causes to be | 5 |
| manufactured, delivered, sold, purchased, or possessed a | 6 |
| semi-automatic assault weapon in violation of this Section | 7 |
| commits a Class 3 felony for a first violation and a Class | 8 |
| 2 felony for a second or subsequent violation or for the | 9 |
| possession or delivery of 2 or more of these weapons at the | 10 |
| same time. | 11 |
| (2) A person who knowingly manufactures, delivers, | 12 |
| sells, purchases, or possesses or causes to be | 13 |
| manufactured, delivered, sold, purchased, or possessed in | 14 |
| violation of this Section an assault weapon attachment | 15 |
| commits a Class 4 felony for a first violation and a Class | 16 |
| 3 felony for a second or subsequent violation. | 17 |
| (3) A person who knowingly manufactures, delivers, | 18 |
| sells, purchases, or possesses or causes to be | 19 |
| manufactured, delivered, sold, purchased, or possessed in | 20 |
| violation of this Section a .50 caliber rifle commits a | 21 |
| Class 3 felony for a first violation and a Class 2 felony | 22 |
| for a second or subsequent violation or for the possession | 23 |
| or delivery of 2 or more of these weapons at the same time. | 24 |
| (4) A person who knowingly manufactures, delivers, | 25 |
| sells, purchases, or possesses or causes to be | 26 |
| manufactured, delivered, sold, purchased, or possessed in |
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LRB096 18507 RLC 33888 b |
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| violation of this Section a .50 caliber cartridge commits a | 2 |
| Class A misdemeanor. | 3 |
| (720 ILCS 5/24-1.10 new) | 4 |
| Sec. 24-1.10. Manufacture, possession, delivery, sale, and | 5 |
| purchase of large capacity ammunition feeding devices. | 6 |
| (a) As used in this Section: | 7 |
| "Large capacity ammunition feeding device" means: | 8 |
| (1) a magazine, belt, drum, feed strip, or similar | 9 |
| device that has a capacity of, or that can be readily | 10 |
| restored or converted to accept, more than 10 rounds of | 11 |
| ammunition; or | 12 |
| (2) any combination of parts from which a device | 13 |
| described in paragraph (1) can be assembled. | 14 |
| "Large capacity ammunition feeding device" does not | 15 |
| include an attached tubular device designed to accept, and | 16 |
| capable of operating only with, .22 caliber rimfire ammunition | 17 |
| or any device that has been made permanently inoperable. | 18 |
| (b) Except as provided in subsections (c) and (d), it is | 19 |
| unlawful for any person within this State, beginning 90 days | 20 |
| after the effective date of this amendatory Act of the 96th | 21 |
| General Assembly, to knowingly manufacture, deliver, sell, | 22 |
| purchase, or possess or cause to be manufactured, delivered, | 23 |
| sold, purchased, or possessed, a large capacity ammunition | 24 |
| feeding device. | 25 |
| (c) This Section does not apply to a person who possessed a |
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HB5751 |
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LRB096 18507 RLC 33888 b |
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| device prohibited by subsection (b) before the effective date | 2 |
| of this amendatory Act of the 96th General Assembly, provided | 3 |
| that the person has provided proof of ownership to the | 4 |
| Department of State Police within 90 days after the effective | 5 |
| date of this amendatory Act of the 96th General Assembly as | 6 |
| required by law. On or after the effective date of this | 7 |
| amendatory Act of the 96th General Assembly, such person may | 8 |
| transfer such device only to an heir, an individual residing in | 9 |
| another state maintaining that device in another state, or a | 10 |
| dealer licensed as a federal firearms dealer under Section 923 | 11 |
| of the federal Gun Control Act of 1968. | 12 |
| (d) This Section does not apply to or affect any of the | 13 |
| following: | 14 |
| (1) Peace officers as defined in Section 2-13 of this | 15 |
| Code and retired peace officers not otherwise prohibited | 16 |
| from receiving a firearm, in possession of a large capacity | 17 |
| ammunition feeding device transferred to the retired peace | 18 |
| officer by his or her law enforcement agency upon | 19 |
| retirement. | 20 |
| (2) Wardens, superintendents, and keepers of prisons, | 21 |
| penitentiaries, jails, and other institutions for the | 22 |
| detention of persons accused or convicted of an offense. | 23 |
| (3) Members of the Armed Services or Reserve Forces of | 24 |
| the United States or the Illinois National Guard, while in | 25 |
| the performance of their official duties or while traveling | 26 |
| to or from their place of duty. |
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| (4) Manufacture, transportation, or sale of large | 2 |
| capacity ammunition feeding devices to persons authorized | 3 |
| under subdivisions (1) through (3) of this subsection to | 4 |
| possess those items. | 5 |
| (5) Possession of a large capacity ammunition feeding | 6 |
| device at events taking place at the World Shooting and | 7 |
| Recreational Complex at Sparta, only while engaged in the | 8 |
| legal use of the device, or while traveling to or from this | 9 |
| location if the items are broken down in a non-functioning | 10 |
| state, or are not immediately accessible, or are unloaded | 11 |
| and enclosed in a case, firearm carrying box, shipping box, | 12 |
| or other container. | 13 |
| (6) Possession of any large capacity ammunition | 14 |
| feeding device if that large capacity ammunition feeding | 15 |
| device is sanctioned by the International Olympic | 16 |
| Committee and by USA Shooting, the national governing body | 17 |
| for international shooting competition in the United | 18 |
| States, but only when the large capacity ammunition feeding | 19 |
| device is in the actual possession of an Olympic target | 20 |
| shooting competitor or target shooting coach for the | 21 |
| purpose of storage, transporting to and from Olympic target | 22 |
| shooting practice or events if the device is broken down in | 23 |
| a non-functioning state, is not immediately accessible, or | 24 |
| is unloaded and enclosed in a case, firearm carrying box, | 25 |
| shipping box, or other container, and when the Olympic | 26 |
| target shooting competitor or target shooting coach is |
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| engaging in those practices or events. | 2 |
| (7) Possession of a large capacity ammunition feeding | 3 |
| device only for a hunting use expressly permitted under the | 4 |
| Wildlife Code, or while traveling to or from a location | 5 |
| authorized for such hunting use under the Wildlife Code if | 6 |
| the items are broken down in a non-functioning state, or | 7 |
| are not immediately accessible, or are unloaded and | 8 |
| enclosed in a case, firearm carrying box, shipping box, or | 9 |
| other container. | 10 |
| (e) Sentence. A person who knowingly manufactures, | 11 |
| delivers, sells, purchases, or possesses or causes to be | 12 |
| manufactured, delivered, sold, purchased, or possessed in | 13 |
| violation of this Section a large capacity ammunition feeding | 14 |
| device capable of holding more than 17 rounds of ammunition | 15 |
| commits a Class 3 felony for a first violation and a Class 2 | 16 |
| felony for a second or subsequent violation or for possession | 17 |
| or delivery of 2 or more of these devices at the same time. A | 18 |
| person who knowingly manufactures, delivers, sells, purchases, | 19 |
| or possesses or causes to be manufactured, delivered, sold, | 20 |
| purchased, or possessed in violation of this Section a large | 21 |
| capacity ammunition feeding device capable of holding more than | 22 |
| 10 rounds but not more than 17 rounds of ammunition commits a | 23 |
| Class 4 felony for a first violation and a Class 3 felony for a | 24 |
| second or subsequent violation or for possession or delivery of | 25 |
| more than one of these devices at the same time. |
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| Section 97. Severability. The provisions of this Act are | 2 |
| severable under Section 1.31 of the Statute on Statutes.
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| Section 99. Effective date. This Act takes effect upon | 4 |
| becoming law.
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