Full Text of HB1263 97th General Assembly
HB1263sam005 97TH GENERAL ASSEMBLY | Sen. Antonio Muñoz Filed: 1/2/2013
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| 1 | | AMENDMENT TO HOUSE BILL 1263
| 2 | | AMENDMENT NO. ______. Amend House Bill 1263, AS AMENDED, as | 3 | | follows:
| 4 | | immediately above the enacting clause, by inserting the | 5 | | following: | 6 | | "WHEREAS, the United States Supreme Court, in its decision | 7 | | in District of Columbia v. Heller (No. 07-290), found that the | 8 | | Second Amendment to the United States Constitution protects an | 9 | | individual right to possess a firearm, and to use that firearm | 10 | | for traditionally lawful purposes, including self-defense; and | 11 | | WHEREAS, in that same decision, the United States Supreme | 12 | | Court also found that the individual right to possess and use a | 13 | | firearm was not unlimited, that the government has the ability | 14 | | to regulate the possession and use of firearms, and that this | 15 | | right "does not protect those weapons not typically possessed |
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| 1 | | by law abiding citizens for lawful purposes", and that the | 2 | | government may ban entirely "dangerous and unusual weapons"; | 3 | | and | 4 | | WHEREAS, the United States Supreme Court, in its decision | 5 | | in McDonald v. City of Chicago (No. 08-1521), found that its | 6 | | holding in the Heller case applied to the States, reiterating | 7 | | its findings regarding the validity of the regulation of the | 8 | | individual right to possess and use a firearm, and noting | 9 | | expressly that such incorporation of the holding in the Heller | 10 | | case via the Fourteenth Amendment to the United States | 11 | | Constitution "does not imperil every law regulating firearms"; | 12 | | therefore"; and | 13 | | by replacing everything after the enacting clause with the | 14 | | following: | 15 | | "ARTICLE 1. ILLINOIS SHOOTING RANGE LICENSING ACT | 16 | | Section 1-1. Short title. This Act shall be known as the | 17 | | Illinois Shooting Range Licensing Act. | 18 | | Section 1-5. Definitions.
| 19 | | "Department" means the Department of State Police.
| 20 | | "Director" means the Director of State Police.
| 21 | | "Firearm" has the meaning provided in Section 1.1 of the |
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| 1 | | Firearm Owners Identification Card Act.
| 2 | | "Range safety officer" means a person who possesses the | 3 | | knowledge, skills, and aptitude essential to organizing, | 4 | | conducting and supervising safe shooting range activities, and | 5 | | who is certified under the National Rifle Association's Range | 6 | | Safety Officer Program or other equivalent | 7 | | nationally-recognized range safety officer certification. | 8 | | "Shooting range" means a specialized facility designed for | 9 | | firearms practice. | 10 | | "Shooting range activities" means target shooting and any | 11 | | other activities conducted at a shooting range involving the | 12 | | discharge or other use of firearms.
| 13 | | "Shooting range operator" means a person who is licensed as | 14 | | a federal firearms dealer under Section 923 of the federal Gun | 15 | | Control Act of 1968, and who owns or operates a shooting range | 16 | | licensed by the Department under this Act.
| 17 | | Section 1-10. Shooting ranges and shooting range | 18 | | operators.
| 19 | | (a) Beginning on January 1, 2014, no person may own or | 20 | | operate a shooting range that is open to the public unless that | 21 | | shooting range has been issued a license by the Director under | 22 | | this Act.
| 23 | | (b) The Department shall license shooting ranges and shall | 24 | | promulgate rules regarding the standards for the ownership, | 25 | | safety, and operation of shooting ranges licensed under this |
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| 1 | | Act, which at a minimum shall require that at all shooting | 2 | | range activities conducted at a licensed shooting range by | 3 | | persons other than the shooting range operator, or his or her | 4 | | immediate family, shall be carried out under the supervision of | 5 | | a range safety officer. The Department shall create standards | 6 | | for both indoor and outdoor shooting ranges, which shall | 7 | | include, at a minimum, the space required for each type of | 8 | | shooting range, and the nature and composition of the backstop, | 9 | | bullet trap, or berm required for each type of shooting range. | 10 | | The Department may develop standards for indoor and outdoor | 11 | | shooting ranges that include maximum caliber ratings and | 12 | | whether magnum and other high-powered bullets can be safely | 13 | | fired into a given backstop, bullet trap, or berm. The | 14 | | Department shall promulgate any other rules it may deem | 15 | | necessary to carry out the provisions of this Act, including | 16 | | the establishment of fees charged and collected for licensing | 17 | | and the duration of licenses issued under this Act.
| 18 | | Section 1-15. Judicial review of final administrative | 19 | | decisions. All final administrative decisions of the | 20 | | Department under this Act, including final administrative | 21 | | decisions of the Director of State Police to deny an | 22 | | application for licensure for a shooting range, or to revoke | 23 | | the license of a shooting range, shall be subject to judicial | 24 | | review under the provisions of the Administrative Review Law, | 25 | | and all amendments and modifications thereof, and the rules |
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| 1 | | adopted pursuant thereto. The term "administrative decision" | 2 | | is defined as in Section 3-101 of the Code of Civil Procedure. | 3 | | Section 1-20. Firearms Owner's Identification Card.
| 4 | | (a) Only a holder of a valid Firearm Owner's Identification | 5 | | Card may discharge a firearm on a shooting range licensed under | 6 | | this Act.
| 7 | | (b) No shooting range operator shall permit an individual | 8 | | to discharge a firearm on a shooting range licensed under this | 9 | | Act, until that individual shall have first displayed a valid | 10 | | Firearm Owner's Identification Card to the shooting range | 11 | | operator or to the range safety officer.
| 12 | | Section 1-25. Exemptions. This Act shall not apply to a | 13 | | shooting range that is:
| 14 | | (a) Located on private land that is not open to the public.
| 15 | | (b) Located on land owned by clubs or other organizations | 16 | | that is open only to members of the club or other organization | 17 | | and their invited guests.
| 18 | | (c) Configured for use in trapshooting, skeet shooting, or | 19 | | sporting clays.
| 20 | | (d) Used solely by peace officers, as defined in Section | 21 | | 2-13 of the Criminal Code of 2012.
| 22 | | (e) Used solely by correctional officers employed by the | 23 | | Department of Corrections, or by county correctional officers | 24 | | or court security officers, as defined in Section 2 of the |
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| 1 | | Illinois Police Training Act.
| 2 | | (f) Used solely by members of the Armed Services or Reserve | 3 | | Forces of the United States or the Illinois National Guard, | 4 | | while in the performance of their official duties.
| 5 | | (g) Used solely for air rifles, as defined by Section | 6 | | 24.8-0.1 of the Criminal Code of 2012.
| 7 | | Section 1-30. Sentence. A person who violates any provision | 8 | | of this Act, or the rules promulgated under this Act, is guilty | 9 | | of a petty offense for a first violation. A second or | 10 | | subsequent violation of this Act, or the rules promulgated | 11 | | under this Act, is a Class A misdemeanor, and may be grounds | 12 | | for the revocation of the license of the shooting range by the | 13 | | Department. | 14 | | Section 1-35. Home rule. A home rule unit may not regulate | 15 | | or license shooting ranges or shooting range operators in a | 16 | | manner more restrictive than the regulation by the Department | 17 | | of shooting ranges under this Act. This Section is a limitation | 18 | | on home rule powers and functions under subsection (i) of | 19 | | Section 6 of Article VII of the Illinois Constitution on the | 20 | | concurrent exercise by home rule units of powers and functions | 21 | | exercised by the State. Nothing in this Section shall be | 22 | | construed to limit the zoning authority of any home rule unit. | 23 | | ARTICLE 5. |
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| 1 | | Section 5-5. The Criminal Code of 2012 is amended by adding | 2 | | Sections 24-1.9 and 24-4.1 as follows: | 3 | | (720 ILCS 5/24-1.9 new) | 4 | | Sec. 24-1.9. Possession, delivery, sale, and purchase of | 5 | | semi-automatic assault weapons, assault weapon attachments, | 6 | | .50 caliber rifles, and .50 caliber cartridges. | 7 | | (a) Definitions. In this Section: | 8 | | (1) "Semi-automatic assault weapon" means: | 9 | | (A) any of the firearms or types, replicas, or | 10 | | duplicates in any caliber of the firearms, known as: | 11 | | (i) Norinco, Mitchell, and Poly Technologies | 12 | | Avtomat Kalashnikovs (all models); | 13 | | (ii) Action Arms Israeli Military Industries | 14 | | UZI and Galil; | 15 | | (iii) Beretta AR-70 (SC-70); | 16 | | (iv) Colt AR-15; | 17 | | (v) Fabrique Nationale FN/FAL, FN/LAR, and | 18 | | FNC; | 19 | | (vi) SWD M-10, M-11, M-11/9, and M-12; | 20 | | (vii) Steyr AUG; | 21 | | (viii) INTRATEC TEC-9, TEC-DC9, and TEC-22; | 22 | | and | 23 | | (ix) any shotgun which contains its ammunition | 24 | | in a revolving cylinder, such as (but not limited |
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| 1 | | to) the Street Sweeper and Striker 12; | 2 | | (B) a semi-automatic rifle or pump-action rifle | 3 | | that has an ability to accept a detachable magazine and | 4 | | has any of the following: | 5 | | (i) a folding or telescoping stock; | 6 | | (ii) a pistol grip or thumbhole stock; | 7 | | (iii) a shroud that is attached to, or | 8 | | partially or completely encircles the barrel, and | 9 | | that permits the shooter to hold the firearm with | 10 | | the non-trigger hand without being burned; | 11 | | (C) a semi-automatic pistol that has an ability to | 12 | | accept a detachable magazine and has any of the | 13 | | following: | 14 | | (i) a folding, telescoping, or thumbhole | 15 | | stock; | 16 | | (ii) a shroud that is attached to, or partially | 17 | | or completely encircles the barrel, and that | 18 | | permits the shooter to hold the firearm with the | 19 | | non-trigger hand without being burned; | 20 | | (iii) an ammunition magazine that attaches to | 21 | | the pistol outside of the pistol grip; | 22 | | (iv) a manufactured weight of 50 ounces or more | 23 | | when the pistol is unloaded; or | 24 | | (v) a semi-automatic version of an automatic | 25 | | firearm; | 26 | | (C-1) a semi-automatic rifle or pistol with a fixed |
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| 1 | | magazine that has the capacity to accept more than 10 | 2 | | rounds of ammunition; | 3 | | (C-2) a semi-automatic rifle or a pistol with the | 4 | | capacity to accept a detachable magazine, a muzzle | 5 | | brake, or muzzle compensator; | 6 | | (D) a semi-automatic shotgun that has any of the | 7 | | following: | 8 | | (i) a folding or telescoping stock; | 9 | | (ii) a pistol grip or thumbhole stock; | 10 | | (iii) a fixed magazine capacity in excess of 5 | 11 | | rounds; or | 12 | | (iv) an ability to accept a detachable | 13 | | magazine. | 14 | | "Semi-automatic assault weapon" does not | 15 | | include: | 16 | | (A) any firearm that: | 17 | | (i) is manually operated by bolt, pump, lever, | 18 | | or slide action; | 19 | | (ii) is an unserviceable firearm or has been | 20 | | made permanently inoperable, as defined by 27 | 21 | | C.F.R. 478.11; | 22 | | (iii) is an antique firearm; or | 23 | | (iv) is a rifle with a fixed tubular magazine | 24 | | located under the barrel that is only capable of | 25 | | holding rounds of ammunition placed end to end; | 26 | | (B) any air rifle as defined in Section 24.8-0.1 of |
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| 1 | | this Code. | 2 | | For the purposes of this Section, a firearm is considered | 3 | | to have the ability to accept a detachable magazine unless the | 4 | | magazine or ammunition feeding device can only be removed | 5 | | through disassembly of the firearm action. | 6 | | (2) "Assault weapon attachment" means any device | 7 | | capable of being attached to a firearm that is specifically | 8 | | designed for, or when installed will have the effect of, | 9 | | making or converting a firearm into any of the firearms | 10 | | listed in paragraph (1) of subsection (a) of this Section. | 11 | | (3) "Antique firearm" has the meaning ascribed to it in | 12 | | 18 U.S.C. Section 921 (a)(16). | 13 | | (4) ".50 caliber rifle" means a centerfire rifle | 14 | | capable of firing a .50 caliber cartridge. The term does | 15 | | not include any antique firearm as defined in 18 U.S.C. | 16 | | Section 921 (a)(16), any shotgun including a shotgun that | 17 | | has a rifle barrel, or any muzzle loading rifle or shotgun | 18 | | which is designed to use black powder, or a black powder | 19 | | substitute, and which cannot use fixed ammunition. | 20 | | (5) ".50 caliber cartridge" means a cartridge in .50 | 21 | | BMG caliber, as defined by the North Atlantic Treaty | 22 | | Organization's Standardization Agreement 4383, either by | 23 | | designation or actual measurement, that is capable of being | 24 | | fired from a centerfire rifle. The term ".50 caliber | 25 | | cartridge" does not include any memorabilia or display item | 26 | | that is filled with a permanent inert substance or that is |
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| 1 | | otherwise permanently altered in a manner that prevents | 2 | | ready modification for use as live ammunition or shotgun | 3 | | ammunition with a caliber measurement that is equal to or | 4 | | greater than .50 caliber. | 5 | | (6) "Pistol grip" includes any feature of a rifle, | 6 | | shotgun, or pistol capable of functioning as a protruding | 7 | | grip that can be held by the non-trigger hand. | 8 | | (b) Except as provided in subsections (c) and (d), 90 days | 9 | | after January 1, 2014, it is unlawful for any person within | 10 | | this State to knowingly deliver, sell, purchase, or possess or | 11 | | cause to be delivered, sold, purchased, or possessed, directly | 12 | | or indirectly, a semi-automatic assault weapon, an assault | 13 | | weapon attachment, any .50 caliber rifle, or .50 caliber | 14 | | cartridge. | 15 | | (c) This Section does not apply to a person who possessed a | 16 | | weapon or attachment prohibited by subsection (b) before | 17 | | January 1, 2014, provided that the person has provided proof of | 18 | | ownership, his or her name, and other identifying information | 19 | | to the Department of State Police, as required by the | 20 | | Department, within 90 days after January 1, 2014. On or after | 21 | | January 1, 2014, the person may transfer the weapon or | 22 | | attachment only to an heir, an individual residing in another | 23 | | state maintaining that weapon in another state, or a dealer | 24 | | licensed as a federal firearms dealer under Section 923 of the | 25 | | federal Gun Control Act of 1968. Within 10 days after transfer | 26 | | of the weapon or attachment, the person shall notify the |
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| 1 | | Department of State Police of the name and address of the | 2 | | transferee and comply with the requirements of subsection (b) | 3 | | of Section 3 of the Firearm Owners Identification Card Act. The | 4 | | Department shall promulgate any rules it may deem necessary to | 5 | | carry out the provisions of this subsection, including the | 6 | | establishment of fees charged and collected for collecting and | 7 | | maintaining the information required to be provided under this | 8 | | subsection. | 9 | | (d) This Section does not apply to or affect any of the | 10 | | following: | 11 | | (1) Peace officers as defined in Section 2-13 of this | 12 | | Code. | 13 | | (2) Wardens, superintendents, and keepers of prisons, | 14 | | penitentiaries, jails, and other institutions for the | 15 | | detention of persons accused or convicted of an offense. | 16 | | (3) Members of the Armed Services or Reserve Forces of | 17 | | the United States or the Illinois National Guard, while in | 18 | | the performance of their official duties or while traveling | 19 | | to or from their place of duty. | 20 | | (4) The manufacture, transportation, or distribution | 21 | | of weapons, attachments, or ammunition. | 22 | | (5) The sale of weapons, attachments, or ammunition to | 23 | | persons authorized to possess those items under | 24 | | subdivisions (1) through (3) or subdivision (7) of this | 25 | | subsection. | 26 | | (6) The manufacture, transportation, distribution, or |
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| 1 | | sale of weapons, attachments, or ammunition for sale or | 2 | | transfer in another state. | 3 | | (7) The possession of any firearm if that firearm is | 4 | | sanctioned by the International Olympic Committee and by | 5 | | USA Shooting, the national governing body for | 6 | | international shooting competition in the United States, | 7 | | but only when the firearm is in the actual possession of an | 8 | | Olympic target shooting competitor or target shooting | 9 | | coach for the purpose of storage, transporting to and from | 10 | | Olympic target shooting practice or events if the firearm | 11 | | is broken down in a non-functioning state, is not | 12 | | immediately accessible, or is unloaded and enclosed in a | 13 | | case, firearm carrying box, shipping box, or other | 14 | | container, and when the Olympic target shooting competitor | 15 | | or target shooting coach is engaging in those practices or | 16 | | events. For the purposes of this paragraph (7), "firearm" | 17 | | is defined in Section 1.1 of the Firearm Owners | 18 | | Identification Card Act. | 19 | | (8) The possession of a semi-automatic assault weapon, | 20 | | an assault weapon attachment, a .50 caliber rifle, or a .50 | 21 | | caliber cartridge at events taking place at the World | 22 | | Shooting and Recreational Complex at Sparta, only while | 23 | | engaged in the legal use of the firearm or attachment, or | 24 | | while traveling to or from this location if the items are | 25 | | broken down in a non-functioning state, or are not | 26 | | immediately accessible, or are unloaded and enclosed in a |
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| 1 | | case, firearm carrying box, shipping box, or other | 2 | | container. | 3 | | (9) The possession of a semi-automatic assault weapon, | 4 | | an assault weapon attachment, a .50 caliber rifle, or a .50 | 5 | | caliber cartridge only for a hunting use expressly | 6 | | permitted under the Wildlife Code, or while traveling to or | 7 | | from a location authorized for such hunting use under the | 8 | | Wildlife Code if the items are broken down in a | 9 | | non-functioning state, or are not immediately accessible, | 10 | | or are unloaded and enclosed in a case, firearm carrying | 11 | | box, shipping box, or other container. | 12 | | (10) The manufacture, transportation, possession, | 13 | | sale, or rental of blank-firing semi-automatic assault | 14 | | weapons and .50 caliber rifles, or the weapons' respective | 15 | | attachments, to persons authorized or permitted, or both | 16 | | authorized and permitted to acquire and possess such | 17 | | weapons for the purposes of rental for use solely as props | 18 | | for a motion picture, television, or video production or | 19 | | entertainment event. | 20 | | (e) Shooting Ranges. | 21 | | (1) A shooting range operator may deliver, sell, | 22 | | purchase, or possess a semi-automatic assault weapon, or an | 23 | | assault weapon attachment, for the purpose of operating, | 24 | | using, or storing the same on the shooting range owned or | 25 | | operated by the shooting range operator, including | 26 | | traveling to and from the shooting range for purposes of |
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| 1 | | purchase, sale, repair, or valuation of the semi-automatic | 2 | | assault weapon or assault weapon attachment. The delivery | 3 | | or sale of a semi-automatic assault weapon, or an assault | 4 | | weapon attachment, by a shooting range operator may only be | 5 | | to a person who may otherwise lawfully possess the | 6 | | semi-automatic assault weapon or assault weapon | 7 | | attachment. | 8 | | (2) Notwithstanding any provision of this Section to | 9 | | the contrary, a holder of a valid Firearm Owner's | 10 | | Identification Card may possess, operate, and use a | 11 | | semi-automatic assault weapon or an assault weapon | 12 | | attachment leased from a shooting range operator, while on | 13 | | the shooting range owned or operated by the shooting range | 14 | | operator. A shooting range operator may lease the use of a | 15 | | semi-automatic assault weapon, or an assault weapon | 16 | | attachment, to a holder of a valid Firearm Owner's | 17 | | Identification Card for the purpose of operating or using | 18 | | the same on the shooting range owned or operated by the | 19 | | shooting range operator. A leased semi-automatic assault | 20 | | weapon or an assault weapon attachment may not be removed | 21 | | from the shooting range by the individual leasing the | 22 | | semi-automatic assault weapon or assault weapon | 23 | | attachment. | 24 | | (3) A shooting range operator must register any | 25 | | semi-automatic assault weapons or assault weapon | 26 | | attachments owned as provided for under subsection (c). A |
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| 1 | | shooting range operator may acquire semi-automatic assault | 2 | | weapons or assault weapon attachments after January 1, | 3 | | 2014, and any semi-automatic assault weapons or assault | 4 | | weapon attachments so acquired must also be registered as | 5 | | provided for under subsection (c). | 6 | | (4) For purposes of this subsection: | 7 | | (i) "Shooting range operator" means a person who is | 8 | | licensed as a federal firearms dealer under Section 923 | 9 | | of the federal Gun Control Act of 1968, and who owns or | 10 | | operates a shooting range licensed under the Illinois | 11 | | Shooting Range Licensing Act. | 12 | | (ii) "Shooting range" means a shooting range | 13 | | licensed under the Illinois Shooting Range Licensing | 14 | | Act. | 15 | | (f) Sentence. | 16 | | (1) A person who knowingly delivers, sells, purchases, | 17 | | or possesses or causes to be delivered, sold, purchased, or | 18 | | possessed, directly or indirectly, a semi-automatic | 19 | | assault weapon in violation of this Section commits a Class | 20 | | 3 felony for a first violation and a Class 2 felony for a | 21 | | second or subsequent violation or for the possession or | 22 | | delivery of 2 or more of these weapons at the same time. | 23 | | (2) A person who knowingly delivers, sells, purchases, | 24 | | or possesses or causes to be delivered, sold, purchased, or | 25 | | possessed, directly or indirectly, in violation of this | 26 | | Section an assault weapon attachment commits a Class 4 |
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| 1 | | felony for a first violation and a Class 3 felony for a | 2 | | second or subsequent violation. | 3 | | (3) A person who knowingly delivers, sells, purchases, | 4 | | or possesses or causes to be delivered, sold, purchased, or | 5 | | possessed, directly or indirectly, in violation of this | 6 | | Section a .50 caliber rifle commits a Class 3 felony for a | 7 | | first violation and a Class 2 felony for a second or | 8 | | subsequent violation or for the possession or delivery of 2 | 9 | | or more of these weapons at the same time. | 10 | | (4) A person who knowingly delivers, sells, purchases, | 11 | | or possesses or causes to be delivered, sold, purchased, or | 12 | | possessed, directly or indirectly, in violation of this | 13 | | Section a .50 caliber cartridge commits a Class A | 14 | | misdemeanor. | 15 | | (5) Any other violation of this Section is a Class A | 16 | | misdemeanor. | 17 | | (720 ILCS 5/24-4.1 new)
| 18 | | Sec. 24-4.1. Report of lost or stolen semi-automatic | 19 | | assault weapons, assault weapon attachment, .50 caliber rifle, | 20 | | or .50 caliber cartridge.
| 21 | | (a-5) A person who possesses a valid Firearm Owner's | 22 | | Identification Card and who possesses or acquires a | 23 | | semi-automatic assault weapon, an assault weapon attachment, a | 24 | | .50 caliber rifle, or a .50 caliber cartridge and thereafter | 25 | | loses or misplaces the semi-automatic assault weapon, assault |
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| 1 | | weapon attachment, .50 caliber rifle, or .50 caliber cartridge | 2 | | or the semi-automatic assault weapon, assault weapon | 3 | | attachment, .50 caliber rifle, or .50 caliber cartridge is | 4 | | stolen from the person, the person must report the loss or | 5 | | theft to the local law enforcement agency within 72 hours after | 6 | | obtaining knowledge of the loss or theft. | 7 | | (b) Sentence. A person who violates this Section is guilty | 8 | | of a petty offense for a first violation. A second violation of | 9 | | this Section is a Class A misdemeanor. A third or subsequent | 10 | | violation of this Section is a Class 4 felony.
| 11 | | ARTICLE 9. | 12 | | Section 9-97. Severability. The provisions of this Act are | 13 | | severable under Section 1.31 of the Statute on Statutes.
| 14 | | Section 9-99. Effective date. This Act takes effect January | 15 | | 1, 2014.".
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