Full Text of SB2510 102nd General Assembly
SB2510 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB2510 Introduced 2/26/2021, by Sen. Omar Aquino SYNOPSIS AS INTRODUCED: |
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Amends the Criminal Code of 2012. Makes it unlawful for any person to knowingly possess an assault weapon 300 days after the effective date of the amendatory Act, except possession of weapons registered with the Illinois State Police in the time provided. Provides exemptions and penalties. Effective immediately.
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| | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | | FISCAL NOTE ACT MAY APPLY |
| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by adding | 5 | | Sections 24-1.9 as follows: | 6 | | (720 ILCS 5/24-1.9 new) | 7 | | Sec. 24-1.9. Possession, delivery, sale, and purchase of | 8 | | assault weapons. | 9 | | (a) Definitions. In this Section: | 10 | | (1) "Antique firearm" has the meaning ascribed to it | 11 | | in 18 U.S.C. 921(a)(16). | 12 | | (2) "Assault weapon" means: | 13 | | (A) a semiautomatic rifle that has the capacity to | 14 | | accept a large capacity
magazine detachable or | 15 | | otherwise and one or more of the following: | 16 | | (i) only a pistol grip without a stock | 17 | | attached; | 18 | | (ii) any feature capable of functioning as a | 19 | | protruding grip that
can be held by the | 20 | | non-trigger hand; | 21 | | (iii) a folding, telescoping, or thumbhole | 22 | | stock; | 23 | | (iv) a shroud attached to the barrel, or that |
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| 1 | | partially or
completely encircles the barrel, | 2 | | allowing the bearer to hold
the firearm with the | 3 | | non-trigger hand without being burned,
but | 4 | | excluding a slide that encloses the barrel; or | 5 | | (v) a muzzle brake or muzzle compensator; | 6 | | (B) a semiautomatic pistol or any semi-automatic | 7 | | rifle that has a fixed
magazine, that has the capacity | 8 | | to accept more than 10 rounds of ammunition; | 9 | | (C) a semiautomatic pistol that has the capacity | 10 | | to accept a detachable
magazine and has one or more of | 11 | | the following: | 12 | | (i) any feature capable of functioning as a | 13 | | protruding grip that
can be held by the | 14 | | non-trigger hand; | 15 | | (ii) a folding, telescoping, or thumbhole | 16 | | stock; | 17 | | (iii) a shroud attached to the barrel, or that | 18 | | partially or
completely encircles the barrel, | 19 | | allowing the bearer to hold
the firearm with the | 20 | | non-trigger hand without being burned,
but | 21 | | excluding a slide that encloses the barrel; | 22 | | (iv) a muzzle brake or muzzle compensator; or | 23 | | (v) the capacity to accept a detachable | 24 | | magazine at some
location outside of the pistol | 25 | | grip; | 26 | | (D) a semiautomatic shotgun that has one or more |
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| 1 | | of the following: | 2 | | (i) only a pistol grip without a stock | 3 | | attached; | 4 | | (ii) any feature capable of functioning as a | 5 | | protruding grip that
can be held by the | 6 | | non-trigger hand; | 7 | | (iii) a folding, telescoping, or thumbhole | 8 | | stock; | 9 | | (iv) a fixed magazine capacity in excess of 5 | 10 | | rounds; or | 11 | | (v) an ability to accept a detachable | 12 | | magazine; | 13 | | (E) any shotgun with a revolving cylinder; or | 14 | | (F) a conversion kit, part or combination of | 15 | | parts, from which an assault
weapon can be assembled | 16 | | if those parts are in the possession or under the | 17 | | control of the same
person. | 18 | | "Assault weapon" includes, but is not limited to, the | 19 | | assault weapon models identified as follows: | 20 | | (i) the following rifles or copies or duplicates | 21 | | of those rifles: | 22 | | (I) AK, AKM, AKS, AK-47, AK-74, ARM, MAK90, | 23 | | Misr,
NHM 90, NHM 91, SA 85, SA 93, VEPR; | 24 | | (II) AR-10; | 25 | | (III) AR-15, Bushmaster XM15, Armalite Ml5, or | 26 | | Olympic
Arms PCR; |
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| 1 | | (IV) AR70; | 2 | | (V) Calico Liberty; | 3 | | (VI) Dragunov SVD Sniper Rifle or Dragunov | 4 | | SVU; | 5 | | (VII) Fabrique National FN/FAL, FN/LAR, or | 6 | | FNC; | 7 | | (VIII) Hi-Point Carbine; | 8 | | (IX) HK-91, HK-93, HK-94, or HK-PSG-1; | 9 | | (X) Kel-Tec Sub Rifle; | 10 | | (XI) Saiga; | 11 | | (XII) SAR-8, SAR-4800; | 12 | | (XIII) SKS with detachable magazine; | 13 | | (XIV) SLG 95; | 14 | | (XV) SLR 95 or 96; | 15 | | (XVI) Steyr AUG; | 16 | | (XVII) Sturm, Ruger Mini-14; | 17 | | (XVIII) Tavor; | 18 | | (XIX) Thompson 1927, Thompson Ml, or Thompson | 19 | | 1927
Commando; or | 20 | | (XX) Uzi, Galil and Uzi Sporter, Galil | 21 | | Sporter, or Galil
Sniper Rifle (Galatz). | 22 | | (ii) the following pistols or copies or duplicates | 23 | | of those pistols: | 24 | | (I) Calico M-110; | 25 | | (II) MAC-10, MAC-11, or MPA3; | 26 | | (III) Olympic Arms OA; |
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| 1 | | (IV) TEC-9, TEC-DC9, TEC-22 Scorpion, or | 2 | | AB-10; or | 3 | | (V) Uzi. | 4 | | (iii) The following shotguns or copies or | 5 | | duplicates of those shotguns: | 6 | | (I) Armscor 30 BG; | 7 | | (II) SPAS 12 or LAW 12; | 8 | | (III) Striker 12; or | 9 | | (IV) Streetsweeper. | 10 | | "Assault weapon" does not include any firearm that has | 11 | | been made permanently
inoperable, or satisfies the | 12 | | definition of antique firearm,
or weapons designed for | 13 | | Olympic target shooting events. | 14 | | (3) "Assault weapon attachment" means any device | 15 | | capable of being attached to a firearm that is | 16 | | specifically designed for making or converting a firearm | 17 | | into any of the firearms listed in paragraph (2) of this | 18 | | subsection (a). | 19 | | (4) "Detachable magazine" means any ammunition feeding | 20 | | device, the function
of which is to deliver one or more | 21 | | ammunition cartridges into the firing chamber, which can | 22 | | be
removed from the firearm without the use of any tool, | 23 | | including a bullet or ammunition cartridge. | 24 | | (5) "Locking mechanism" means secured by a device or | 25 | | mechanism, other than the firearm safety, designed to | 26 | | render a firearm temporarily inoperable; or a box or |
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| 1 | | container capable of containing the firearm and that can | 2 | | be securely locked. | 3 | | (6) "Muzzle brake" means a device attached to the | 4 | | muzzle of a weapon that
utilizes escaping gas to reduce | 5 | | recoil. | 6 | | (7) "Muzzle compensator" means a device attached to | 7 | | the muzzle of a weapon that
utilizes escaping gas to | 8 | | control muzzle movement. | 9 | | (b) The Illinois State Police shall take all steps | 10 | | necessary to carry out the requirements of this Section within | 11 | | 180 days after the effective date of this amendatory Act of the | 12 | | 102nd General Assembly. | 13 | | (c) Except as provided in subsections (d), (e), (f), and | 14 | | (h) of this Section, it is unlawful for any person within this | 15 | | State to knowingly deliver, sell, or purchase or cause to be | 16 | | delivered, sold, or purchased or cause to be possessed by | 17 | | another, an assault weapon or assault weapon attachment. | 18 | | (d) Except as otherwise provided in subsections (e), (f), | 19 | | and (h) of this Section, 300 days after the effective date of | 20 | | this amendatory Act of the 102nd General Assembly, it is | 21 | | unlawful for any person within this State to knowingly possess | 22 | | an assault weapon. | 23 | | (e) This Section does not apply to a person who possessed | 24 | | an assault weapon before the effective date of this amendatory | 25 | | Act of the 102nd General Assembly, provided the person has | 26 | | provided in a registration affidavit, under oath or |
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| 1 | | affirmation and in the form and manner prescribed by the | 2 | | Illinois State Police on or after 180 days after the effective | 3 | | date of this amendatory Act of the 102nd General Assembly but | 4 | | within 300 days after the effective date of this amendatory | 5 | | Act of the 102nd General Assembly: | 6 | | (1) his or her name; | 7 | | (2) his or her date of birth; | 8 | | (3) his or her Firearm Owner's Identification Card | 9 | | number; | 10 | | (4) the make, model, caliber, and serial number of the | 11 | | weapon; and | 12 | | (5) proof of a locking mechanism that properly fits | 13 | | the weapon. The affidavit shall include a statement that | 14 | | the weapon is owned by the person submitting the affidavit | 15 | | and that he or she owns a locking mechanism for the weapon. | 16 | | The affidavit form shall include the following statement | 17 | | printed in bold type: "Warning: Entering false information on | 18 | | this form is punishable as perjury under Section 32-2 of the | 19 | | Criminal Code of 2012." | 20 | | Beginning 300 days after the effective date of this | 21 | | amendatory Act of the 102nd General Assembly, the person may | 22 | | transfer the assault weapon only to an heir, an individual | 23 | | residing in another state maintaining it in another state, or | 24 | | a dealer licensed as a federal firearms dealer under Section | 25 | | 923 of the federal Gun Control Act of 1968. Within 10 days | 26 | | after transfer of the weapon except to an heir, the person |
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| 1 | | shall notify the Illinois State Police of the name and address | 2 | | of the transferee and comply with the requirements of | 3 | | subsection (b) of Section 3 of the Firearm Owners | 4 | | Identification Card Act. The person to whom the weapon is | 5 | | transferred shall, within 60 days of the transfer, complete an | 6 | | affidavit and pay the required registration fee under this | 7 | | Section. A person to whom the weapon is transferred may | 8 | | transfer it only as provided in this subsection. | 9 | | (f) This Section does not apply to a peace officer who has | 10 | | retired in good standing from a law enforcement agency of this | 11 | | State and who possesses an assault weapon if the weapon was | 12 | | lawfully possessed and acquired by the peace officer prior to | 13 | | retirement and the retired peace officer within 30 days of | 14 | | retirement registers the weapon with the Illinois State Police | 15 | | and pays the required registration fee under this Section. The | 16 | | retired peace officer shall comply with the transfer and | 17 | | notification requirements in subsection (e). | 18 | | (g) For the purpose of registration required under | 19 | | subsections (e) and (f) of this Section, the Illinois State | 20 | | Police shall assess a registration fee of $25 per person to the | 21 | | owner of an assault weapon. The fee shall be deposited into the | 22 | | State Police Firearm Services Fund. | 23 | | (h) This Section does not apply to or affect any of the | 24 | | following: | 25 | | (1) Peace officers. | 26 | | (2) Acquisition and possession by a local law |
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| 1 | | enforcement agency for the purpose of equipping the | 2 | | agency's peace officers. | 3 | | (3) Wardens, superintendents, and keepers of prisons, | 4 | | penitentiaries, jails, and other institutions for the | 5 | | detention of persons accused or convicted of an offense. | 6 | | (4) Members of the Armed Services or Reserve Forces of | 7 | | the United States or the Illinois National Guard, while in | 8 | | the performance of their official duties or while | 9 | | traveling to or from their place of duty. | 10 | | (5) Any company that employs armed security officers | 11 | | in this State at a nuclear energy, storage, weapons, or | 12 | | development site or facility regulated by the federal | 13 | | Nuclear Regulatory Commission and persons employed as an | 14 | | armed security force member at a nuclear energy, storage, | 15 | | weapons, or development site or facility regulated by the | 16 | | federal Nuclear Regulatory Commission who have completed | 17 | | the background screening and training mandated by the | 18 | | rules and regulations of the federal Nuclear Regulatory | 19 | | Commission and while in the performance of their official | 20 | | duties. | 21 | | (6) Manufacture, transportation, or sale of weapons, | 22 | | attachments, or ammunition to persons authorized under | 23 | | subdivisions (1) through (5) of this subsection (h) to | 24 | | possess those items. | 25 | | (7) Manufacture, transportation, or sale of weapons, | 26 | | attachments, or ammunition for sale or transfer in another |
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| 1 | | state. | 2 | | (8) Possession of any firearm if that firearm is | 3 | | sanctioned by the International Olympic Committee and by | 4 | | USA Shooting, the national governing body for | 5 | | international shooting competition in the United States, | 6 | | but only when the firearm is in the actual possession of an | 7 | | Olympic target shooting competitor or target shooting | 8 | | coach for the purpose of storage, transporting to and from | 9 | | Olympic target shooting practice or events if the firearm | 10 | | is broken down in a non-functioning state, is not | 11 | | immediately accessible, or is unloaded and enclosed in a | 12 | | firearm case, carrying box, shipping box, or other similar | 13 | | portable container designed for the safe transportation of | 14 | | firearms, and when the Olympic target shooting competitor | 15 | | or target shooting coach is engaging in those practices or | 16 | | events. | 17 | | (9) Any non-resident who transports, within 24 hours, | 18 | | a weapon for any lawful purpose from any place where he or | 19 | | she may lawfully possess and carry that weapon to any | 20 | | other place where he or she may lawfully possess and carry | 21 | | that weapon if, during the transportation the weapon is | 22 | | unloaded, and neither the weapon nor any ammunition being | 23 | | transported is readily accessible or is directly | 24 | | accessible from the passenger compartment of the | 25 | | transporting vehicle. Provided that, in the case of a | 26 | | vehicle without a compartment separate from the driver's |
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| 1 | | compartment the weapon or ammunition shall be contained in | 2 | | a locked container other than the glove compartment or | 3 | | console. | 4 | | (10) Possession of a weapon at events taking place at | 5 | | the World Shooting and Recreational Complex at Sparta, | 6 | | only while engaged in the legal use of this weapon, or | 7 | | while traveling to or from this location if the weapon is | 8 | | broken down in a non-functioning state, or is not | 9 | | immediately accessible, or is unloaded and enclosed in a | 10 | | firearm case, carrying box, shipping box, or other similar | 11 | | portable container designed for the safe transportation of | 12 | | firearms. | 13 | | (11) Possession of a weapon only for hunting use | 14 | | expressly permitted under the Wildlife Code, or while | 15 | | traveling to or from a location authorized for this | 16 | | hunting use under the Wildlife Code if the weapon is | 17 | | broken down in a non-functioning state, or is not | 18 | | immediately accessible, or is unloaded and enclosed in a | 19 | | firearm case, carrying box, shipping box, or other similar | 20 | | portable container designed for the safe transportation of | 21 | | firearms. | 22 | | (12) The manufacture, transportation, possession, | 23 | | sale, or rental of blank-firing assault weapons and the | 24 | | weapon's respective attachments, to persons authorized or | 25 | | permitted, or both authorized and permitted to acquire and | 26 | | possess these weapons or attachments for the purpose of |
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| 1 | | rental for use solely as props for a motion picture, | 2 | | television, or video production or entertainment event. | 3 | | (i) Sentence. | 4 | | (1) A person who knowingly delivers, sells, purchases, | 5 | | or possesses or causes to be delivered, sold, purchased, | 6 | | or possessed an assault weapon in violation of this | 7 | | Section commits a Class 3 felony for a first violation and | 8 | | a Class 2 felony for a second or subsequent violation or | 9 | | for the possession or delivery of 2 or more of these | 10 | | weapons at the same time. | 11 | | (2) A person who knowingly delivers, sells, purchases, | 12 | | or possesses or causes to be delivered, sold, purchased, | 13 | | or possessed in violation of this Section an assault | 14 | | weapon attachment commits a Class 4 felony for a first | 15 | | violation and a Class 3 felony for a second or subsequent | 16 | | violation. | 17 | | (3) Any other violation of this Section is a Class A | 18 | | misdemeanor.
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law. |
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