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Full Text of SB2130  99th General Assembly

SB2130 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2130

 

Introduced 5/5/2015, by Sen. Julie A. Morrison

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/13.1  from Ch. 38, par. 83-13.1

    Amends the Firearm Owners Identification Card Act. Deletes provision that the regulation of the possession or ownership of assault weapons are exclusive powers and functions of this State. Deletes provision that any ordinance or regulation, or portion of that ordinance or regulation, that purports to regulate the possession or ownership of assault weapons in a manner that is inconsistent with the Act, shall be invalid unless the ordinance or regulation is enacted on, before, or within 10 days after the effective date of Public Act 98-63 (July 9, 2013). Deletes provision that any ordinance or regulation described in the stricken provision enacted more than 10 days after the effective date of Public Act 98-63 is invalid. Effective immediately.


LRB099 12208 RLC 35042 b

 

 

A BILL FOR

 

SB2130LRB099 12208 RLC 35042 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Owners Identification Card Act is
5amended by changing Section 13.1 as follows:
 
6    (430 ILCS 65/13.1)  (from Ch. 38, par. 83-13.1)
7    Sec. 13.1. Preemption.
8    (a) Except as otherwise provided in the Firearm Concealed
9Carry Act and subsection subsections (b) and (c) of this
10Section, the provisions of any ordinance enacted by any
11municipality which requires registration or imposes greater
12restrictions or limitations on the acquisition, possession and
13transfer of firearms than are imposed by this Act, are not
14invalidated or affected by this Act.
15    (b) Notwithstanding subsection (a) of this Section, the
16regulation, licensing, possession, and registration of
17handguns and ammunition for a handgun, and the transportation
18of any firearm and ammunition by a holder of a valid Firearm
19Owner's Identification Card issued by the Department of State
20Police under this Act are exclusive powers and functions of
21this State. Any ordinance or regulation, or portion of that
22ordinance or regulation, enacted on or before the effective
23date of this amendatory Act of the 98th General Assembly that

 

 

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1purports to impose regulations or restrictions on a holder of a
2valid Firearm Owner's Identification Card issued by the
3Department of State Police under this Act in a manner that is
4inconsistent with this Act, on the effective date of this
5amendatory Act of the 98th General Assembly, shall be invalid
6in its application to a holder of a valid Firearm Owner's
7Identification Card issued by the Department of State Police
8under this Act.
9    (c) (Blank). Notwithstanding subsection (a) of this
10Section, the regulation of the possession or ownership of
11assault weapons are exclusive powers and functions of this
12State. Any ordinance or regulation, or portion of that
13ordinance or regulation, that purports to regulate the
14possession or ownership of assault weapons in a manner that is
15inconsistent with this Act, shall be invalid unless the
16ordinance or regulation is enacted on, before, or within 10
17days after the effective date of this amendatory Act of the
1898th General Assembly. Any ordinance or regulation described in
19this subsection (c) enacted more than 10 days after the
20effective date of this amendatory Act of the 98th General
21Assembly is invalid. An ordinance enacted on, before, or within
2210 days after the effective date of this amendatory Act of the
2398th General Assembly may be amended. The enactment or
24amendment of ordinances under this subsection (c) are subject
25to the submission requirements of Section 13.3. For the
26purposes of this subsection, "assault weapons" means firearms

 

 

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1designated by either make or model or by a test or list of
2cosmetic features that cumulatively would place the firearm
3into a definition of "assault weapon" under the ordinance.
4    (d) For the purposes of this Section, "handgun" has the
5meaning ascribed to it in Section 5 of the Firearm Concealed
6Carry Act.
7    (e) This Section is a denial and limitation of home rule
8powers and functions under subsection (h) of Section 6 of
9Article VII of the Illinois Constitution.
10(Source: P.A. 98-63, eff. 7-9-13.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.