Illinois General Assembly - Full Text of HB1156
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Full Text of HB1156  98th General Assembly

HB1156ham002 98TH GENERAL ASSEMBLY

Rep. Edward J. Acevedo

Filed: 3/4/2013

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1156

2    AMENDMENT NO. ______. Amend House Bill 1156, AS AMENDED, by
3inserting the following in its proper numeric sequence:
 
4    "Section 5. Possession, delivery, sale, receipt, transfer,
5and purchase of semi-automatic assault weapons and assault
6weapon attachments.
7    (a) As used in this Section:
8    "Semi-automatic assault weapon" means any of the firearms
9or types, replicas, models, duplicates, or similar models, in
10any caliber, of the firearms, known as:
11        (1) AR-15 Series;
12        (2) Norinco, Mitchell, and Poly Technologies Avtomat
13    Kalashnikovs;
14        (3) Beretta AR-70 (SC-70);
15        (4) Action Arms Israeli Military Industries (IMI) UZI
16    and Galil; or
17        (5) any semi-automatic rifle that has the ability to

 

 

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1    accept a detachable magazine and has any of the following:
2            (A) a folding or telescoping stock;
3            (B) a pistol grip or thumbhole stock; or
4            (C) a shroud that is attached to, or partially or
5        completely encircles the barrel, and that permits the
6        shooter to hold the firearm with the non-trigger hand
7        without being burned.
8    "Semi-automatic assault weapon attachment" means any
9device capable of being attached to a firearm that is
10specifically designed for making or converting a firearm into
11any of the firearms listed in this subsection (a).
12    "Semi-automatic assault weapon" does not include:
13        (1) any firearm that:
14            (A) is manually operated by bolt, pump, lever, or
15        slide action;
16            (B) is an unserviceable firearm or has been made
17        permanently inoperable;
18            (C) is an antique firearm;
19            (D) any air rifle as defined in Section 24.8-0.1 of
20        the Criminal Code of 2012; or
21            (E) has been excluded as a semi-automatic assault
22        weapon in a Department of Natural Resources rule. The
23        Department of Natural Resources shall have the
24        authority to adopt rules to further define exclusions
25        of semi-automatic assault weapon types, replicas,
26        models, duplicates, or similar models under this

 

 

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1        Section, provided the make, model, and caliber of the
2        firearm excluded has a viable application to hunting
3        game and conforms to accepted hunting principles of
4        fair chase.
5    (b) It is unlawful for any person within this State to
6knowingly deliver, sell, receive, transfer, or purchase or
7cause to be delivered, sold, received, transferred, or
8purchased a semi-automatic assault weapon or semi-automatic
9assault weapon attachment.
10    (c) Beginning 300 days after the effective date of this
11Act, it is unlawful for any person within this State to
12knowingly possess a semi-automatic assault weapon or
13semi-automatic assault weapon attachment.
14    (d) Sentence. A person who knowingly delivers, transfers,
15sells, receives, or purchases in violation of this Section a
16weapon, attachment, or device commits a Class 2 felony for a
17first violation and a Class 1 felony for a second or subsequent
18violation. A person who knowingly possesses in violation of
19this Section a weapon, attachment, or device commits a Class 3
20felony for a first violation and a Class 2 felony for a second
21or subsequent violation.
 
22    Section 7. Exemptions.
23    (a) Section 5 does not apply to or affect any of the
24following:
25        (1) Peace officers as defined in Section 2-13 of the

 

 

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1    Criminal Code of 2012.
2        (2) Acquisition and possession by a local law
3    enforcement agency for the purpose of equipping the
4    agency's peace officers as defined in paragraph (1) of this
5    subsection.
6        (3) Wardens, superintendents, and keepers of prisons,
7    penitentiaries, jails, and other institutions for the
8    detention of persons accused or convicted of an offense.
9        (4) Members of the Armed Services or Reserve Forces of
10    the United States or the Illinois National Guard, while in
11    the performance of their official duties or while traveling
12    to or from their place of duty.
13        (5) Any company that employs armed security officers in
14    this State at a nuclear energy, storage, weapons, or
15    development site or facility regulated by the federal
16    Nuclear Regulatory Commission and persons employed as an
17    armed security force member at a nuclear energy, storage,
18    weapons, or development site or facility regulated by the
19    federal Nuclear Regulatory Commission who have completed
20    the background screening and training mandated by the rules
21    and regulations of the federal Nuclear Regulatory
22    Commission and while in the performance of their official
23    duties.
24        (6) Manufacture, transportation, or sale of weapons,
25    attachments, or ammunition to persons authorized under
26    subdivisions (1) through (5) of this subsection (a) to

 

 

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1    possess those items.
2        (7) Manufacture, transportation, or sale of weapons,
3    attachments, or ammunition for sale or transfer in another
4    state.
5        (8) Possession of any firearm if that firearm is
6    sanctioned by the International Olympic Committee and by
7    USA Shooting, the national governing body for
8    international shooting competition in the United States,
9    but only when the firearm is in the actual possession of an
10    Olympic target shooting competitor or target shooting
11    coach for the purpose of storage, transporting to and from
12    Olympic target shooting practice or events if the firearm
13    is broken down in a non-functioning state, is not
14    immediately accessible, or is unloaded and enclosed in a
15    firearm case, carrying box, shipping box, or other similar
16    portable container designed for the safe transportation of
17    firearms, and when the Olympic target shooting competitor
18    or target shooting coach is engaging in those practices or
19    events. For the purposes of this paragraph (8), "firearm"
20    is as defined in Section 1.1 of the Firearm Owners
21    Identification Card Act.
22        (9) Any non-resident who transports, within 24 hours, a
23    weapon for any lawful purpose from any place where he or
24    she may lawfully possess and carry that weapon to any other
25    place where he or she may lawfully possess and carry that
26    weapon if, during the transportation the weapon is

 

 

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1    unloaded, and neither the weapon nor any ammunition being
2    transported is readily accessible or is directly
3    accessible from the passenger compartment of the
4    transporting vehicle. Provided that, in the case of a
5    vehicle without a compartment separate from the driver's
6    compartment the weapon or ammunition shall be contained in
7    a locked container other than the glove compartment or
8    console.
9        (10) Possession of a weapon at events taking place at
10    the World Shooting and Recreational Complex at Sparta, only
11    while engaged in the legal use of this weapon, or while
12    traveling to or from this location if the weapon is broken
13    down in a non-functioning state, or is not immediately
14    accessible, or is unloaded and enclosed in a firearm case,
15    carrying box, shipping box, or other similar portable
16    container designed for the safe transportation of
17    firearms.
18        (11) Possession of a weapon only for hunting use
19    expressly permitted under the Wildlife Code, or while
20    traveling to or from a location authorized for this hunting
21    use under the Wildlife Code if the weapon is broken down in
22    a non-functioning state, or is not immediately accessible,
23    or is unloaded and enclosed in a firearm case, carrying
24    box, shipping box, or other similar portable container
25    designed for the safe transportation of firearms.
26        (12) The manufacture, transportation, possession,

 

 

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1    sale, or rental of blank-firing assault weapons or the
2    weapon's respective attachments, to persons authorized or
3    permitted, or both authorized and permitted to acquire and
4    possess these weapons or attachments for the purpose of
5    rental for use solely as props for a motion picture,
6    television, or video production or entertainment event.
7    (b) Section 5 does not apply to a peace officer who has
8retired in good standing from a law enforcement agency of this
9State and who possesses a prohibited weapon or attachment, if
10the weapon or attachment was lawfully possessed and acquired by
11the peace officer prior to retirement and the retired peace
12officer within 30 days of retirement registers the weapon or
13attachment with the Department of State Police as provided for
14possession under this Act. The retired peace officer shall
15comply with the transfer and notification requirements as
16provided for possession under this Act.".