Full Text of HB1871 97th General Assembly
HB1871eng 97TH GENERAL ASSEMBLY |
| | HB1871 Engrossed | | LRB097 09734 RLC 49871 b |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 1961 is amended by adding | 5 | | Section 24-1.9 as follows: | 6 | | (720 ILCS 5/24-1.9 new) | 7 | | Sec. 24-1.9. Manufacture, possession, delivery, sale, and | 8 | | purchase of large capacity ammunition feeding devices. | 9 | | (a) As used in this Section: | 10 | | "Large capacity ammunition feeding device" means: | 11 | | (1) a detachable magazine, belt, drum, feed strip, or | 12 | | similar device that has a capacity of, or that can be | 13 | | readily restored or converted to accept, more than 10 | 14 | | rounds of ammunition; or | 15 | | (2) any combination of parts from which a device | 16 | | described in paragraph (1) can be assembled. | 17 | | "Large capacity ammunition feeding device" does not | 18 | | include an attached tubular device designed to accept, and | 19 | | capable of operating only with, .22 caliber rimfire ammunition, | 20 | | any device designed to be used with an antique firearm as | 21 | | defined in 27 C.F.R. 478.11, any device designed to be used | 22 | | with a muzzle-loading firearm used for "black powder" hunting, | 23 | | any device designed as a reproduction of a historical piece of |
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| 1 | | military equipment for use in battle re-enactments, or any | 2 | | device that has been made permanently inoperable. | 3 | | (b) Except as provided in subsections (c) and (d), it is | 4 | | unlawful for any person within this State, beginning 90 days | 5 | | after the effective date of this amendatory Act of the 97th | 6 | | General Assembly, to knowingly manufacture, deliver, sell, | 7 | | purchase, or possess or cause to be manufactured, delivered, | 8 | | sold, purchased, or possessed, a large capacity ammunition | 9 | | feeding device. | 10 | | (c) This Section does not apply to a person who possessed a | 11 | | device prohibited by subsection (b) before the effective date | 12 | | of this amendatory Act of the 97th General Assembly. On or | 13 | | after the effective date of this amendatory Act of the 97th | 14 | | General Assembly, such person may transfer such device only to | 15 | | an heir, an individual residing in another state maintaining | 16 | | that device in another state, or a dealer licensed as a federal | 17 | | firearms dealer under Section 923 of the federal Gun Control | 18 | | Act of 1968. | 19 | | (d) This Section does not apply to or affect any of the | 20 | | following: | 21 | | (1) Peace officers as defined in Section 2-13 of this | 22 | | Code and retired peace officers not otherwise prohibited | 23 | | from receiving a firearm, in possession of a large capacity | 24 | | ammunition feeding device transferred to the retired peace | 25 | | officer by his or her law enforcement agency upon | 26 | | retirement. |
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| 1 | | (2) Wardens, superintendents, and keepers of prisons, | 2 | | penitentiaries, jails, and other institutions for the | 3 | | detention of persons accused or convicted of an offense. | 4 | | (3) Members of the Armed Services or Reserve Forces of | 5 | | the United States or the Illinois National Guard, while in | 6 | | the performance of their official duties or while traveling | 7 | | to or from their place of duty. | 8 | | (4) Manufacture, transportation, or sale of large | 9 | | capacity ammunition feeding devices to persons authorized | 10 | | under subdivisions (1) through (3) of this subsection to | 11 | | possess those items. | 12 | | (5) Possession of a large capacity ammunition feeding | 13 | | device at events taking place at the World Shooting and | 14 | | Recreational Complex at Sparta, only while engaged in the | 15 | | legal use of the device, or while traveling to or from this | 16 | | location if the items are broken down in a non-functioning | 17 | | state, or are not immediately accessible, or are unloaded | 18 | | and enclosed in a case, firearm carrying box, shipping box, | 19 | | or other container. | 20 | | (6) 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 |
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| 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 | | (7) Possession of a large capacity ammunition feeding | 10 | | device only for a hunting use expressly permitted under the | 11 | | Wildlife Code, or while traveling to or from a location | 12 | | authorized for such hunting use under the Wildlife Code if | 13 | | the items are broken down in a non-functioning state, or | 14 | | are not immediately accessible, or are unloaded and | 15 | | enclosed in a case, firearm carrying box, shipping box, or | 16 | | other container. | 17 | | (8) Manufacture, transportation, possession, sale, or | 18 | | rental of large capacity ammunition feeding devices to | 19 | | persons authorized or permitted, or both authorized and | 20 | | permitted to acquire and possess such devices for the | 21 | | purpose of rental for use solely as props for a motion | 22 | | picture, television, or video production or entertainment | 23 | | event. | 24 | | (9) Manufacture, transportation, possession, or sale | 25 | | of large capacity ammunition feeding devices by entities | 26 | | that sell such devices to national and international |
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| 1 | | governments in compliance with federal law. | 2 | | (10) Possession or sale of large capacity ammunition | 3 | | feeding devices by entities authorized or permitted to | 4 | | acquire and possess such devices for the purpose of antique | 5 | | collection. | 6 | | (11) Possession of a large capacity ammunition feeding | 7 | | device by all government agents and retirees duly | 8 | | authorized to carry such devices upon retirement or any | 9 | | person who inherits such a device from a person so | 10 | | authorized. | 11 | | (12) Manufacture, transportation, possession, or sale | 12 | | of large capacity ammunition feeding devices by entities | 13 | | that sell such devices to law enforcement agencies. | 14 | | (e) Sentence. A person who knowingly manufactures, | 15 | | delivers, sells, purchases, or possesses or causes to be | 16 | | manufactured, delivered, sold, purchased, or possessed in | 17 | | violation of this Section a large capacity ammunition feeding | 18 | | device commits a Class A misdemeanor for a first violation; a | 19 | | Class 4 felony for a second violation; and a Class 3 felony for | 20 | | a third or subsequent violation or for possession or delivery | 21 | | of more than one of these devices at the same time. | 22 | | Section 97. Severability. The provisions of this Act are | 23 | | severable under Section 1.31 of the Statute on Statutes. | 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.
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