Illinois General Assembly - Full Text of HB1157
Illinois General Assembly

Previous General Assemblies

Full Text of HB1157  98th General Assembly


Rep. Kelly M. Cassidy

Filed: 3/13/2013





09800HB1157ham009LRB098 08477 JWD 42955 a


2    AMENDMENT NO. ______. Amend House Bill 1157, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The Criminal Code of 2012 is amended by adding
6Section 24-12 as follows:
7    (720 ILCS 5/24-12 new)
8    Sec. 24-12. Safe storage firearms.
9    (a) As used in this Section:
10    "Safe storage firearm" means any of the firearms or types,
11replicas, models, duplicates, or similar models, in any
12caliber, of the firearms, known as:
13        (1) AR-15 Series.
14        (2) Norinco, Mitchell, and Poly Technologies Avtomat
15    Kalashnikovs.
16        (3) Beretta AR-70 (SC-70).



09800HB1157ham009- 2 -LRB098 08477 JWD 42955 a

1        (4) Action Arms Israeli Military Industries (IMI) UZI
2    and Galil.
3        (5) Bushmaster Assault Rifle.
4        (6) Fabrique National FN/FAL, FN/LAR, and FNC.
5        (7) Manufacture Nationale d'Armes de St. Etienne (MAS)
6    .223.
7        (8) SWD M-10, M-11, M-11/9, and M-12.
8        (9) Steyr AUG.
9        (10) INTRATEC TEC-9, TEC-DC9, and TEC-22.
10        (11) Any semi-automatic pistol that has the ability to
11    accept a detachable magazine and has any of the following:
12            (A) a folding, telescoping, or thumbhole stock;
13            (B) a shroud that is attached to, or partially or
14        completely encircles the barrel, and that permits the
15        shooter to hold the firearm with the non-trigger hand
16        without being burned; or
17            (C) a manufactured weight of 50 ounces or more when
18        the pistol is unloaded.
19        (12) Any semi-automatic rifle that has the ability to
20    accept a detachable magazine and has any of the following:
21            (A) a folding or telescoping stock; or
22            (B) a pistol grip or pistol stock.
23        (13) Any semi-automatic shotgun that has any of the
24    following:
25            (A) a folding or telescoping stock;
26            (B) a pistol grip or thumbhole stock;



09800HB1157ham009- 3 -LRB098 08477 JWD 42955 a

1            (C) a fixed magazine capacity in excess of 5
2        rounds; or
3            (D) an ability to accept a detachable magazine.
4        (14) Any centerfire rifle capable of firing a .50
5    caliber cartridge; not including any shotgun, including a
6    shotgun that has a rifle barrel, or any muzzle-loader which
7    uses black powder for hunting or historical re-enactments.
8    "Safe storage firearm" does not include:
9        (1) any firearm that:
10            (A) is manually operated by bolt, pump, lever, or
11        slide action;
12            (B) is an unserviceable firearm or has been made
13        permanently inoperable;
14            (C) is an antique firearm;
15            (D) any air rifle as defined in Section 24.8-0.1 of
16        the Criminal Code of 2012; or
17            (E) has been excluded as a safe storage firearm in
18        a Department of Natural Resources rule. The Department
19        of Natural Resources shall have the authority to adopt
20        rules to further define exclusions of safe storage
21        firearm types, replicas, models, duplicates, or
22        similar models under this Section, provided the make,
23        model, and caliber of the firearm excluded has a viable
24        application to hunting game and conforms to accepted
25        hunting principles of fair chase.
26    (b) At any time when a person who owns or possesses a



09800HB1157ham009- 4 -LRB098 08477 JWD 42955 a

1firearm listed or described in subsection (a) is not in
2immediate possession of that firearm, he or she must keep a
3locking device or mechanism on the firearm that renders the
4firearm temporarily inoperable, including but not limited to a
5device that attaches to the firearm with a key or combination
6lock, and is designed to prevent the firearm from being
7discharged unless the device has been deactivated. If the
8firearm is incapable of accepting a locking device, the person
9must keep the firearm unloaded and placed within a securely
10locked box or container that requires a key or combination lock
11to open.
12    (c) Sentence. A person who knowingly fails to store a safe
13storage firearm as required in subsection (b) commits a petty
14offense for a first violation and a Class A misdemeanor for a
15second or subsequent violation.
16    (d) Exemptions. Subsection (b) does not apply to or affect
17any of the following:
18        (1) Peace officers as defined in Section 2-13 of the
19    Criminal Code of 2012.
20        (2) Acquisition and possession by a local law
21    enforcement agency for the purpose of equipping the
22    agency's peace officers as defined in paragraph (1) of this
23    subsection.
24        (3) Wardens, superintendents, and keepers of prisons,
25    penitentiaries, jails, and other institutions for the
26    detention of persons accused or convicted of an offense.



09800HB1157ham009- 5 -LRB098 08477 JWD 42955 a

1        (4) Members of the Armed Services or Reserve Forces of
2    the United States or the Illinois National Guard, while in
3    the performance of their official duties or while traveling
4    to or from their place of duty.
5        (5) Any company that employs armed security officers in
6    this State at a nuclear energy, storage, weapons, or
7    development site or facility regulated by the federal
8    Nuclear Regulatory Commission and persons employed as an
9    armed security force member at a nuclear energy, storage,
10    weapons, or development site or facility regulated by the
11    federal Nuclear Regulatory Commission who have completed
12    the background screening and training mandated by the rules
13    and regulations of the federal Nuclear Regulatory
14    Commission and while in the performance of their official
15    duties.
16        (6) Manufacture, transportation, or sale of firearms
17    to persons exempted under subdivisions (1) through (5) of
18    this subsection.
19        (7) Manufacture, transportation, or sale of firearms
20    for sale or transfer in another state.
21        (8) Possession of any firearm if that firearm is
22    sanctioned by the International Olympic Committee and by
23    USA Shooting, the national governing body for
24    international shooting competition in the United States,
25    but only when the firearm is in the actual possession of an
26    Olympic target shooting competitor or target shooting



09800HB1157ham009- 6 -LRB098 08477 JWD 42955 a

1    coach for the purpose of storage, transporting to and from
2    Olympic target shooting practice or events if the firearm
3    is broken down in a non-functioning state, is not
4    immediately accessible, or is unloaded and enclosed in a
5    firearm case, carrying box, shipping box, or other similar
6    portable container designed for the safe transportation of
7    firearms, and when the Olympic target shooting competitor
8    or target shooting coach is engaging in those practices or
9    events. For the purposes of this paragraph (8), "firearm"
10    is as defined in Section 1.1 of the Firearm Owners
11    Identification Card Act.
12        (9) Any non-resident who transports, within 24 hours, a
13    firearm for any lawful purpose from any place where he or
14    she may lawfully possess and carry that firearm to any
15    other place where he or she may lawfully possess and carry
16    that firearm if, during the transportation the firearm is
17    unloaded, and neither the firearm nor any ammunition being
18    transported is readily accessible or is directly
19    accessible from the passenger compartment of the
20    transporting vehicle. Provided that, in the case of a
21    vehicle without a compartment separate from the driver's
22    compartment the firearm shall be contained in a locked
23    container other than the glove compartment or console.
24        (10) Possession of a firearm at events taking place at
25    the World Shooting and Recreational Complex at Sparta, only
26    while engaged in the legal use of the firearm, or while



09800HB1157ham009- 7 -LRB098 08477 JWD 42955 a

1    traveling to or from this location if the firearm is broken
2    down in a non-functioning state, or is not immediately
3    accessible, or is unloaded and enclosed in a firearm case,
4    carrying box, shipping box, or other similar portable
5    container designed for the safe transportation of
6    firearms.
7        (11) Possession of a firearm only for hunting use
8    expressly permitted under the Wildlife Code, or while
9    traveling to or from a location authorized for this hunting
10    use under the Wildlife Code if the firearm is broken down
11    in a non-functioning state, or is not immediately
12    accessible, or is unloaded and enclosed in a firearm case,
13    carrying box, shipping box, or other similar portable
14    container designed for the safe transportation of
15    firearms.
16        (12) The manufacture, transportation, possession,
17    sale, or rental of blank-firing firearms to persons
18    authorized or permitted to acquire and possess those
19    firearms for the purpose of rental for use solely as props
20    for a motion picture, television, or video production or
21    entertainment event.".