Full Text of HB2414 94th General Assembly
HB2414ham001 94TH GENERAL ASSEMBLY
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Rep. Edward J. Acevedo
Filed: 4/6/2005
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09400HB2414ham001 |
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LRB094 09150 RLC 44469 a |
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| AMENDMENT TO HOUSE BILL 2414
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| AMENDMENT NO. ______. Amend House Bill 2414 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Criminal Code of 1961 is amended by adding | 5 |
| Sections 24-1.7 and 24-1.8 as
follows:
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| (720 ILCS 5/24-1.7 new)
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| Sec. 24-1.7. Manufacture, possession, and delivery of | 8 |
| semiautomatic
assault
weapons, assault weapon
attachments and | 9 |
| 50 caliber rifles.
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| (a) Definitions. In this Section:
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| (1) "Semi-automatic assault weapon" means:
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| (A) any of the firearms or types, replicas, or | 13 |
| duplicates in any
caliber
of the firearms, known as:
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| (i) Norinco, Mitchell, and Poly Technologies | 15 |
| Avtomat Kalashnikovs (all
models);
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| (ii) Action Arms Israeli Military Industries | 17 |
| UZI and Galil;
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| (iii) Beretta AR-70 (SC-70);
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| (iv) Colt AR-15;
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| (v) Fabrique Nationale FN/FAL, FN/LAR, and | 21 |
| FNC;
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| (vi) SWD M-10, M-11, M-11/9, and M-12;
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| (vii) Steyr AUG;
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| (viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
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LRB094 09150 RLC 44469 a |
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| (ix) any shotgun which contains its ammunition | 2 |
| in a revolving
cylinder,
such as (but not limited | 3 |
| to) the Street Sweeper and Striker 12;
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| (B) a semiautomatic rifle that has an ability to | 5 |
| accept a detachable
magazine and has any of the | 6 |
| following:
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| (i) a folding or telescoping stock;
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| (ii) a pistol grip that protrudes | 9 |
| conspicuously beneath the action of
the
weapon; or
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| (iii) a flash suppressor or barrel having a | 11 |
| threaded muzzle;
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| (C) a semi-automatic pistol that has an ability to | 13 |
| accept a detachable
magazine and has any of the | 14 |
| following:
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| (i) an ammunition magazine that attaches to | 16 |
| the pistol outside of the
pistol grip;
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| (ii) a barrel having a threaded muzzle;
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| (iii) a shroud that is attached to, or | 19 |
| partially or completely encircles
the barrel, and | 20 |
| that permits the shooter to hold the firearm with | 21 |
| the
non-trigger hand without being burned;
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| (iv) a manufactured weight of 50 ounces or more | 23 |
| when the pistol is
unloaded; or
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| (v) a semiautomatic version of an automatic | 25 |
| firearm;
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| (D) a semiautomatic shotgun that has any of the | 27 |
| following:
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| (i) a folding or telescoping stock;
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| (ii) a pistol grip that protrudes | 30 |
| conspicuously beneath the action of
the weapon;
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| (iii) a fixed magazine capacity in excess of 5 | 32 |
| rounds; or
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| (iv) an ability to accept a detachable | 34 |
| magazine.
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LRB094 09150 RLC 44469 a |
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| "Semiautomatic assault weapon" does not include:
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| (A) any firearm that:
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| (i) is manually operated by bolt, pump, lever | 4 |
| or slide action;
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| (ii) is an "unserviceable firearm" or has been | 6 |
| made permanently
inoperable; or
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| (iii) is an antique firearm;
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| (B) any semiautomatic rifle that cannot accept a | 9 |
| detachable magazine that
holds more than 5 rounds of | 10 |
| ammunition; or
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| (C) any semiautomatic shotgun that cannot hold | 12 |
| more than 5 rounds of
ammunition in a fixed or | 13 |
| detachable magazine.
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| (2) "Assault weapon attachment" means any device | 15 |
| capable of being
attached to a firearm that is specifically | 16 |
| designed for making
or converting a firearm into any of the | 17 |
| firearms listed in
paragraph (1) of subsection (b) of this | 18 |
| Section.
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| (3) "Antique firearm" has the meaning ascribed to it in | 20 |
| 18 U.S.C.
Section 921(a)(16).
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| (4) "50 caliber rifle" means a centerfire rifle capable | 22 |
| of firing
a 50 caliber cartridge. The term does not include | 23 |
| any antique firearm, as defined in 18 U.S.C.
Section | 24 |
| 921(a)(16). | 25 |
| (5) "50 caliber cartridge" means a cartridge in 50 | 26 |
| caliber,
either by designation or actual measurement, | 27 |
| including but not limited to a .50 BMG cartridge,
that is | 28 |
| capable of being fired from a centerfire rifle. The term | 29 |
| "50 caliber cartridge" does not
include any memorabilia or | 30 |
| display item that is filled with a permanent inert | 31 |
| substance or that is
otherwise permanently altered in a | 32 |
| manner that prevents ready modification for use as live
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| ammunition.
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| (b) Except as provided in subsection (d), 90 days after the
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LRB094 09150 RLC 44469 a |
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| effective date of this
amendatory Act of the 94th General | 2 |
| Assembly,
it is unlawful for any person
within this State, to | 3 |
| knowingly
manufacture, deliver, sell, purchase, or possess or | 4 |
| cause to be manufactured, delivered, sold, purchased, or
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| possessed, a semiautomatic assault weapon, an assault weapon | 6 |
| attachment, or any 50 caliber rifle.
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| (c) Any person who
knowingly
possesses a semiautomatic | 8 |
| assault weapon, assault weapon attachment, or any 50 caliber | 9 |
| rifle must,
within 90 days after the effective date of this
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| amendatory Act of the 94th General Assembly, destroy the
weapon | 11 |
| or attachment, render it permanently inoperable, relinquish it | 12 |
| to a
law enforcement agency, or remove it from this State.
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| (d) This Section does not apply to or affect any of the | 14 |
| following: | 15 |
| (1) Peace officers while in performance of their | 16 |
| official duties. | 17 |
| (2) Wardens, superintendents and keepers of prisons, | 18 |
| penitentiaries,
jails and other institutions for the | 19 |
| detention of persons accused or
convicted of an offense. | 20 |
| (3) Members of the Armed Services or Reserve Forces of | 21 |
| the United States
or the Illinois National Guard, while in | 22 |
| the performance of their official
duties. | 23 |
| (4) Manufacture, transportation, or sale of weapons, | 24 |
| attachments, or cartridges to persons
authorized under | 25 |
| subdivisions (1) through (3) of this subsection to
possess | 26 |
| those items, if the items are broken down in a
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| non-functioning state or are not immediately accessible.
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| (e) Sentence.
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| (1) A person who manufactures, possesses, or delivers a | 30 |
| semiautomatic
assault weapon in violation of this Section | 31 |
| commits a Class 3 felony for a
first violation and a Class | 32 |
| 2 felony for a second or subsequent violation or
for the | 33 |
| possession or delivery of 2 or more of these weapons at the | 34 |
| same time.
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LRB094 09150 RLC 44469 a |
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| (2) A person who possesses or delivers in violation of
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| this
Section an
assault weapon attachment commits a Class 4 | 3 |
| felony for a first
violation and a Class 3 felony for a | 4 |
| second or subsequent violation.
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| (3) A person who manufactures, possesses, or delivers | 6 |
| in violation of
this
Section a 50 caliber rifle commits a | 7 |
| Class 4 felony. | 8 |
| (720 ILCS 5/24-1.8 new)
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| Sec. 24-1.8. Manufacture, possession, and delivery of | 10 |
| large capacity
ammunition feeding devices.
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| (a) As used in this Section:
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| "Large capacity ammunition feeding device" means:
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| (1) a magazine, belt, drum, feed strip, or similar | 14 |
| device that has a
capacity of, or that can be readily | 15 |
| restored or converted to accept, more than
10 rounds of | 16 |
| ammunition; or
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| (2) any combination of parts from which a device | 18 |
| described in
paragraph (1) can be assembled.
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| "Large capacity ammunition feeding device" does not | 20 |
| include an attached
tubular device designed to accept, and
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| capable of operating only with, .22 caliber rimfire ammunition | 22 |
| or any device
that has been made permanently inoperable.
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| (b) Except as provided in subsection (d), it is unlawful | 24 |
| for any person
within this State, beginning 90 days after the | 25 |
| effective date of this
amendatory Act of the 94th General | 26 |
| Assembly, to knowingly
manufacture, deliver, sell, purchase, | 27 |
| or possess or cause to be manufactured, delivered, sold, | 28 |
| purchased, or
possessed, a large capacity ammunition
feeding
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| device.
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| (c) Any person who
knowingly
possesses a large capacity | 31 |
| ammunition feeding device
on
the effective date of this | 32 |
| amendatory Act of the 94th General Assembly
must, within 90 | 33 |
| days after the effective date of this amendatory Act of the
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09400HB2414ham001 |
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LRB094 09150 RLC 44469 a |
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| 94th General Assembly, destroy the device, render it | 2 |
| permanently inoperable,
relinquish it to a law enforcement
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| agency, or remove it from this State.
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| (d) This Section does not apply to or affect any of the | 5 |
| following: | 6 |
| (1) Peace officers while in performance of their | 7 |
| official duties. | 8 |
| (2) Wardens, superintendents and keepers of prisons, | 9 |
| penitentiaries,
jails and other institutions for the | 10 |
| detention of persons accused or
convicted of an offense. | 11 |
| (3) Members of the Armed Services or Reserve Forces of | 12 |
| the United States
or the Illinois National Guard, while in | 13 |
| the performance of their official
duties. | 14 |
| (4) Manufacture, transportation, or sale of large | 15 |
| capacity ammunition feeding devices to persons
authorized | 16 |
| under subdivisions (1) through (3) of this subsection to
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| possess those devices, if the devices are broken down in a
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| non-functioning state or are not immediately accessible.
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| (e) Sentence.
A
person who possesses or delivers in | 20 |
| violation of this Section a large capacity
ammunition feeding | 21 |
| device capable of holding more than 17 rounds of ammunition
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| commits a Class 3 felony for a first violation and a Class 2 | 23 |
| felony for a
second or subsequent violation or for possession
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| or delivery of 2 or more of these
devices
at the same time. A | 25 |
| person who possesses or delivers in violation of this
Section a | 26 |
| large capacity ammunition feeding device capable of holding | 27 |
| more than
10 rounds but not more than 17 rounds of ammunition | 28 |
| commits a Class 4 felony
for a first violation and a Class 3 | 29 |
| felony for a second or subsequent violation
or for possession | 30 |
| or delivery of more than one of these devices at the same
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| time. ".
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