Full Text of HB1156 98th General Assembly
HB1156ham012 98TH GENERAL ASSEMBLY | Rep. Michael J. Zalewski Filed: 3/18/2013
| | 09800HB1156ham012 | | LRB098 08476 MRW 43192 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 1156
| 2 | | AMENDMENT NO. ______. Amend House Bill 1156, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Criminal Code of 2012 is amended by adding | 6 | | Section 24-1.10 as follows: | 7 | | (720 ILCS 5/24-1.10 new) | 8 | | Sec. 24-1.10. Delivery, sale, receipt, transfer, purchase, | 9 | | or possession of large capacity ammunition feeding device. | 10 | | (a) As used in this Section: | 11 | | "Large capacity ammunition feeding device" means: | 12 | | (1) a magazine, belt, drum, feed strip, or similar | 13 | | device that has a capacity of, or that can be readily | 14 | | restored or converted to accept, more than 10 rounds of | 15 | | ammunition; or | 16 | | (2) any combination of parts from which a device |
| | | 09800HB1156ham012 | - 2 - | LRB098 08476 MRW 43192 a |
|
| 1 | | described in paragraph (1) can be assembled. | 2 | | "Large capacity ammunition feeding device" does not | 3 | | include an attached tubular device designed to accept, and | 4 | | capable of operating only with, .22 caliber rimfire ammunition. | 5 | | "Large capacity ammunition feeding device" does not include a | 6 | | tubular magazine
that is contained in a lever-action firearm or | 7 | | any device that has been made permanently inoperable. | 8 | | (b) Except as provided in subsection (c), it is unlawful | 9 | | for any person within this State to knowingly deliver, sell, | 10 | | receive, transfer, purchase, or cause to be delivered, sold, | 11 | | received, transferred, purchased, or possessed a large | 12 | | capacity ammunition feeding device. | 13 | | (b-5) Except as provided in subsections (b-10) and (c), 270 | 14 | | days after the effective date of this amendatory Act of the | 15 | | 98th General Assembly, it is unlawful for any person within | 16 | | this State to knowingly possess a large capacity ammunition | 17 | | feeding device. | 18 | | (b-10) This Section does not apply to a person who | 19 | | possessed a large capacity ammunition feeding device | 20 | | prohibited by subsection (b-5) of this Section before the | 21 | | effective date of this amendatory Act of the 98th General | 22 | | Assembly, provided that the person has provided in a | 23 | | registration affidavit, under oath or affirmation and in the | 24 | | form and manner prescribed by the Department of State Police, | 25 | | his or her name, date of birth, and Firearm Owner's | 26 | | Identification Card Number, on or after 180 days after the |
| | | 09800HB1156ham012 | - 3 - | LRB098 08476 MRW 43192 a |
|
| 1 | | effective date of this amendatory Act of the 98th General | 2 | | Assembly but within 270 days after the effective date of this | 3 | | amendatory Act of the 98th General Assembly. The affidavit | 4 | | shall include a statement that the large capacity ammunition | 5 | | feeding device is owned by the person submitting the affidavit. | 6 | | Each affidavit form shall include the following statement | 7 | | printed in bold type: "Warning: Entering false information on | 8 | | this form is punishable as perjury under Section 32-2 of the | 9 | | Criminal Code of 2012.". Beginning 270 days after the effective | 10 | | date of this amendatory Act of the 98th General Assembly, the | 11 | | person may transfer the large capacity ammunition feeding | 12 | | device only to an heir, an individual residing in another state | 13 | | maintaining that device in another state, or a dealer licensed | 14 | | as a federal firearms dealer under Section 923 of the federal | 15 | | Gun Control Act of 1968. Within 10 days after transfer of the | 16 | | device, the person shall notify the Department of State Police | 17 | | of the name and address of the transferee and comply with the | 18 | | requirements of subsection (b) of Section 3 of the Firearm | 19 | | Owners Identification Card Act. The person to whom the device | 20 | | is transferred shall, within 60 days of the transfer, complete | 21 | | an affidavit. A person to whom the device is transferred may | 22 | | transfer the device only as provided in this subsection. | 23 | | (c) Exemptions. This Section does not apply to or affect | 24 | | any of the following: | 25 | | (1) Peace officers as defined in Section 2-13 of the | 26 | | Criminal Code of 2012. |
| | | 09800HB1156ham012 | - 4 - | LRB098 08476 MRW 43192 a |
|
| 1 | | (2) Acquisition and possession by a local law | 2 | | enforcement agency for the purpose of equipping the | 3 | | agency's peace officers as defined in paragraph (1) of this | 4 | | subsection. | 5 | | (3) Wardens, superintendents, and keepers of prisons, | 6 | | penitentiaries, jails, and other institutions for the | 7 | | detention of persons accused or convicted of an offense, | 8 | | for the performance of their official duties. | 9 | | (4) Members of the Armed Services or Reserve Forces of | 10 | | the United States or the Illinois National Guard, for the | 11 | | performance of their official duties. | 12 | | (5) Any company that employs armed security officers in | 13 | | this State at a nuclear energy, storage, weapons, or | 14 | | development site or facility regulated by the federal | 15 | | Nuclear Regulatory Commission and persons employed as an | 16 | | armed security force member at a nuclear energy, storage, | 17 | | weapons, or development site or facility regulated by the | 18 | | federal Nuclear Regulatory Commission who have completed | 19 | | the background screening and training mandated by the rules | 20 | | and regulations of the federal Nuclear Regulatory | 21 | | Commission for the performance of their official duties. | 22 | | (6) Manufacture, transportation, or sale of large | 23 | | capacity ammunition feeding devices to persons authorized | 24 | | under paragraphs (1) through (5) of this subsection (c) to | 25 | | possess those devices. | 26 | | (7) Manufacture, transportation, or sale of large |
| | | 09800HB1156ham012 | - 5 - | LRB098 08476 MRW 43192 a |
|
| 1 | | capacity ammunition feeding devices for sale or transfer in | 2 | | another state. | 3 | | (8) Sale or rental of large capacity ammunition feeding | 4 | | devices for blank-firing prohibited weapons to persons | 5 | | authorized or permitted, or both authorized and permitted, | 6 | | to acquire these devices for the purpose of rental for use | 7 | | solely as props for a motion picture, television, or video | 8 | | production or entertainment event. | 9 | | (d) Sentence. A person who possesses a large capacity | 10 | | ammunition feeding device in violation of this Section commits | 11 | | a Class A misdemeanor for a first violation and a Class 4 | 12 | | felony for a second or subsequent violation. A person who | 13 | | delivers, sells, receives, transfers, purchases, or causes to | 14 | | be delivered, sold, received, transferred, purchased, or | 15 | | possessed a large capacity ammunition feeding device in | 16 | | violation of this Section commits a Class 4 felony for a first | 17 | | violation and a Class 3 felony for a second or subsequent | 18 | | violation. ".
|
|