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92_HB4176 LRB9212739RCdv 1 AN ACT in relation to 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 1961 is amended by 5 adding Section 24-3.7 as follows: 6 (720 ILCS 5/24-3.7 new) 7 Sec. 24-3.7. Certain sniper weapons. 8 (a) In this Section: 9 "50 caliber sniper weapon" means a rifle capable of 10 firing a center-fire cartridge in 50 caliber, .50 BMG 11 caliber, any other variant of 50 caliber, or any metric 12 equivalent of that caliber. 13 "50 caliber ammunition" means a center-fire cartridge in 14 50 caliber, .50 BMG caliber, any other variant of 50 caliber, 15 or any metric equivalent of that caliber. 16 "50 caliber conversion kit" means any part or combination 17 of parts designed and intended for use in converting a weapon 18 into a 50 caliber sniper weapon or any combination of parts 19 from which a 50 caliber sniper weapon can be assembled. 20 (b) It is unlawful for a person, within this State, to 21 distribute, transport, or import into this State or possess 22 with intent to sell or to offer for sale or to give a 50 23 caliber sniper weapon, 50 caliber ammunition, or a 50 caliber 24 conversion kit. 25 (c) It is unlawful for a person to transfer, sell, or 26 give any 50 caliber sniper weapon, 50 caliber ammunition, or 27 50 caliber conversion kit to a person under 18 years of age. 28 (d) It is unlawful to possess a 50 caliber sniper 29 weapon, 50 caliber ammunition, or a 50 caliber conversion 30 kit. 31 (e) This Section does not apply to or affect any of the -2- LRB9212739RCdv 1 following: 2 (1) Peace officers while in performance of their 3 official duties. 4 (2) Wardens, superintendents, and keepers of 5 prisons, penitentiaries, jails, and other institutions 6 for the detention of persons accused or convicted of an 7 offense. 8 (3) Members of the of the Armed Services or Reserve 9 Forces of the United States or the Illinois National 10 Guard, while in the performance of their official duty. 11 (4) The transfer or passing of a 50 caliber sniper 12 weapon, 50 caliber ammunition, or a 50 caliber conversion 13 kit upon the death of the owner to his or her heir or 14 legatee until 60 days after the transfer or passing. 15 (5) The possession of a 50 caliber sniper weapon, 16 50 caliber ammunition, or a 50 caliber conversion kit by 17 an executor or administrator of an estate during the 18 administration of an estate until transferred in 19 accordance with the Probate Act of 1975 to a person 20 authorized under this Section to possess that weapon. 21 (6) Manufacture, transportation, or sale of 50 22 caliber sniper weapons, 50 caliber ammunition, or 50 23 caliber conversion kits to persons authorized under 24 paragraphs (1) through (3) of this subsection (e) to 25 possess 50 caliber sniper weapons, if the 50 caliber 26 sniper weapons are broken down in a non-functioning state 27 or are not immediately accessible during transportation 28 or if the 50 caliber ammunition or 50 caliber conversion 29 kits are not immediately accessible during 30 transportation. 31 (f) Sentence. 32 (1) A person convicted of a violation of this 33 Section commits a Class 2 felony. 34 (2) A person who violates this Section by -3- LRB9212739RCdv 1 possessing a 50 caliber sniper weapon, 50 caliber 2 ammunition, or a 50 caliber conversion kit in the 3 passenger compartment of a motor vehicle as defined in 4 Section 1-146 of the Illinois Vehicle Code, or on his or 5 her person while the weapon is loaded, is guilty of a 6 Class X felony. 7 (3) A person who violates this Section in any 8 school, regardless of the time of day or the time of 9 year, in residential property owned, operated, or managed 10 by a public housing agency or leased by a public housing 11 agency as part of a scattered site or mixed-income 12 development, in a public park, in a courthouse, on the 13 real property comprising any school, regardless of the 14 time of day or the time of year, on residential property 15 owned, operated, or managed by a public housing agency or 16 leased by a public housing agency as part of a scattered 17 site or mixed-income development, on the real property 18 comprising any public park, on the real property 19 comprising any courthouse, in any conveyance owned, 20 leased, or contracted by a school to transport students 21 to or from school or a school related activity, or on any 22 public way within 1,000 feet of the real property 23 comprising any school, public park, courthouse, or 24 residential property owned, operated, or managed by a 25 public housing agency or leased by a public housing 26 agency as part of a scattered site or mixed-income 27 development commits a Class 2 felony. 28 (4) A person who violates subsection (c) is guilty 29 of a Class 1 felony. 30 (5) A person who violates this Section by 31 possessing a 50 caliber sniper weapon, 50 caliber 32 ammunition, or a 50 caliber conversion kit that he or she 33 acquired before the effective date of this amendatory Act 34 of the 92nd General Assembly and does not use that -4- LRB9212739RCdv 1 weapon, ammunition, or conversion kit in the commission 2 of an offense nor possess that weapon, ammunition, or 3 conversion kit in a place described in paragraph (2) or 4 (3) is guilty of a Class A misdemeanor.
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