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Rep. Michelle Mussman
Filed: 2/26/2018
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1 | | AMENDMENT TO HOUSE BILL 1465
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2 | | AMENDMENT NO. ______. Amend House Bill 1465 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Criminal Code of 2012 is amended by adding |
5 | | Sections 24-1.9 and 24-1.10 as follows: |
6 | | (720 ILCS 5/24-1.9 new) |
7 | | Sec. 24-1.9. Delivery or sale of assault weapons, assault |
8 | | weapon attachments, .50 caliber rifles, and .50 caliber |
9 | | cartridges to persons under 21 years of age prohibited; |
10 | | possession of assault weapons, assault weapon attachments, .50 |
11 | | caliber rifles, and .50 caliber cartridges by persons under 21 |
12 | | years of age prohibited. |
13 | | (a) Definitions. In this Section: |
14 | | (1) "Assault weapon" means: |
15 | | (A) any rifle which has a belt fed ammunition |
16 | | system or which has a detachable magazine capable of |
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1 | | holding more than 10 rounds of ammunition; |
2 | | (B) a semi-automatic rifle that has the ability to |
3 | | accept a detachable magazine and has any of the |
4 | | following: |
5 | | (i) a folding or telescoping stock; or |
6 | | (ii) a shroud that is attached to, or partially |
7 | | or completely encircles the barrel, and that |
8 | | permits the shooter to hold the firearm with the |
9 | | non-trigger hand without being burned; |
10 | | (C) a semi-automatic pistol that has the ability to |
11 | | accept a detachable magazine and has any of the |
12 | | following: |
13 | | (i) a folding or telescoping stock; |
14 | | (ii) a shroud that is attached to, or partially |
15 | | or completely encircles the barrel, and that |
16 | | permits the shooter to hold the firearm with the |
17 | | non-trigger hand without being burned; or |
18 | | (iii) a manufactured weight of 50 ounces or |
19 | | more when the pistol is unloaded; |
20 | | (D) a semi-automatic rifle with a fixed magazine |
21 | | that has the capacity to accept more than 10 rounds of |
22 | | ammunition; or |
23 | | (E) a semi-automatic shotgun that has: |
24 | | (i) a folding or telescoping stock; and |
25 | | (ii) contains its ammunition in a revolving |
26 | | cylinder; or |
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1 | | (iii) a fixed magazine capacity in excess of 5 |
2 | | rounds of ammunition, except as may be authorized |
3 | | under the Wildlife Code and excluding magazine |
4 | | extensions during the snow geese conservation |
5 | | order season; or |
6 | | (iv) an ability to accept a detachable |
7 | | magazine of more than 5 rounds of ammunition; |
8 | | (F) a .50 caliber rifle centerfire rifle capable of |
9 | | firing a .50 caliber cartridge, not including any |
10 | | antique firearm, any shotgun including a shotgun that |
11 | | has a rifle barrel, or any muzzle-loader which uses |
12 | | black powder for hunting or historical re-enactments. |
13 | | "Assault weapon" does not include: |
14 | | (A) any firearm that: |
15 | | (i) is manually operated by bolt, pump, lever, |
16 | | or slide action; |
17 | | (ii) is an unserviceable firearm or has been |
18 | | made permanently inoperable; |
19 | | (iii) is an antique firearm; |
20 | | (iv) uses rimfire ammunition or cartridges;
or |
21 | | (iv) has been excluded as an assault weapon in |
22 | | a Department of Natural Resources rule. The |
23 | | Department of Natural Resources shall have the |
24 | | authority to adopt rules to further define |
25 | | exclusions of assault weapon types under this |
26 | | Section, provided the make, model, and caliber of |
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1 | | the firearm excluded has a viable application to |
2 | | hunting game and conforms to accepted hunting |
3 | | principles of fair chase. |
4 | | (B) any air rifle as defined in Section 24.8-0.1 of |
5 | | this Code. |
6 | | In this Section, a firearm is considered to have the |
7 | | ability to accept a detachable magazine unless the magazine or |
8 | | ammunition feeding device can only be removed through |
9 | | disassembly of the firearm action. |
10 | | (2) "Assault weapon attachment" means any device |
11 | | capable of being attached to a firearm that is specifically |
12 | | designed for making or converting a firearm into any of the |
13 | | firearms listed in paragraph (1) of this subsection (a). |
14 | | (3) "Antique firearm" has the meaning ascribed to it in |
15 | | 18 U.S.C. 921 (a)(16). |
16 | | (4) ".50 caliber cartridge" means a cartridge in .50 |
17 | | BMG caliber, either by designation or actual measurement, |
18 | | that is capable of being fired from a centerfire rifle, not |
19 | | including any memorabilia or display item that is filled |
20 | | with a permanent inert substance or that is otherwise |
21 | | permanently altered in a manner that prevents ready |
22 | | modification for use as live ammunition or shotgun |
23 | | ammunition with a caliber measurement that is equal to or |
24 | | greater than .50 caliber. |
25 | | (5) "Locking mechanism" means secured by a device or |
26 | | mechanism, other than the firearm safety, designed to |
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1 | | render a firearm temporarily inoperable; or a box or |
2 | | container capable of containing the firearm and that can be |
3 | | securely locked. |
4 | | (b) Except as provided in subsection (d) of this Section, |
5 | | on or after the effective date of this amendatory Act of the |
6 | | 100th General Assembly, it is unlawful for any person within |
7 | | this State to knowingly deliver or sell, or cause to be |
8 | | delivered or sold, an assault weapon, assault weapon |
9 | | attachment, .50 caliber rifle, or .50 caliber cartridge to any |
10 | | person under 21 years of age. |
11 | | (c) Except as otherwise provided in subsection (d) of this |
12 | | Section, 90 days after the effective date of this amendatory |
13 | | Act of the 100th General Assembly, it is unlawful for any |
14 | | person under 21 years of age within this State to knowingly |
15 | | possess an assault weapon, assault weapon attachment, .50 |
16 | | caliber rifle, or .50 caliber cartridge. |
17 | | (d) This Section does not apply to or affect any of the |
18 | | following: |
19 | | (1) Members of the Armed Services or Reserve Forces of |
20 | | the United States or the Illinois National Guard, while in |
21 | | the performance of their official duties or while traveling |
22 | | to or from their place of duty. |
23 | | (2) Transportation, transfer, or sale of weapons, |
24 | | attachments, or ammunition for sale or transfer in another |
25 | | state. |
26 | | (3) Possession of any firearm if that firearm is |
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1 | | sanctioned by the International Olympic Committee and by |
2 | | USA Shooting, the national governing body for |
3 | | international shooting competition in the United States, |
4 | | but only when the firearm is in the actual possession of an |
5 | | Olympic target shooting competitor or target shooting |
6 | | coach for the purpose of storage, transporting to and from |
7 | | Olympic target shooting practice or events if the firearm |
8 | | is broken down in a non-functioning state, 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, and when the Olympic target shooting competitor |
13 | | or target shooting coach is engaging in those practices or |
14 | | events. |
15 | | (4) Any non-resident who transports, within 24 hours, a |
16 | | weapon for any lawful purpose from any place where he or |
17 | | she may lawfully possess and carry that weapon to any other |
18 | | place where he or she may lawfully possess and carry that |
19 | | weapon if, during the transportation the weapon is |
20 | | unloaded, and neither the weapon nor any ammunition being |
21 | | transported is readily accessible or is directly |
22 | | accessible from the passenger compartment of the |
23 | | transporting vehicle. Provided that, in the case of a |
24 | | vehicle without a compartment separate from the driver's |
25 | | compartment the weapon or ammunition shall be contained in |
26 | | a locked container other than the glove compartment or |
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1 | | console. |
2 | | (5) Possession of a weapon at events taking place at |
3 | | the World Shooting and Recreational Complex at Sparta, only |
4 | | while engaged in the legal use of this weapon, or while |
5 | | traveling to or from this location if the weapon is broken |
6 | | down in a non-functioning state, or is not immediately |
7 | | accessible, or is unloaded and enclosed in a firearm case, |
8 | | carrying box, shipping box, or other similar portable |
9 | | container designed for the safe transportation of |
10 | | firearms. |
11 | | (6) Possession of a weapon only for hunting use |
12 | | expressly permitted under the Wildlife Code, or while |
13 | | traveling to or from a location authorized for this hunting |
14 | | use under the Wildlife Code if the weapon is broken down in |
15 | | a non-functioning state, or is not immediately accessible, |
16 | | or is unloaded and enclosed in a firearm case, carrying |
17 | | box, shipping box, or other similar portable container |
18 | | designed for the safe transportation of firearms. |
19 | | (7) The manufacture, transportation, possession, sale, |
20 | | or rental of blank-firing assault weapons and .50 caliber |
21 | | rifles, or the weapon's respective attachments, to persons |
22 | | authorized or permitted, or both authorized and permitted |
23 | | to acquire and possess these weapons or attachments for the |
24 | | purpose of rental for use solely as props for a motion |
25 | | picture, television, or video production or entertainment |
26 | | event. |
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1 | | (e) Sentence. |
2 | | (1) A person who knowingly delivers, sells, or |
3 | | possesses or causes to be delivered or sold, in violation |
4 | | of this Section an assault weapon commits a Class 3 felony |
5 | | for a first violation and a Class 2 felony for a second or |
6 | | subsequent violation or for the possession or delivery of 2 |
7 | | or more of these weapons at the same time. |
8 | | (2) A person who knowingly delivers, sells, or |
9 | | possesses or causes to be delivered or sold, in violation |
10 | | of this Section an assault weapon attachment commits a |
11 | | Class 4 felony for a first violation and a Class 3 felony |
12 | | for a second or subsequent violation. |
13 | | (3) A person who knowingly delivers, sells, or |
14 | | possesses or causes to be delivered or sold, in violation |
15 | | of this Section a .50 caliber rifle commits a Class 3 |
16 | | felony for a first violation and a Class 2 felony for a |
17 | | second or subsequent violation or for the possession or |
18 | | delivery of 2 or more of these weapons at the same time. |
19 | | (4) A person who knowingly delivers, sells, or |
20 | | possesses or causes to be delivered or sold, in violation |
21 | | of this Section a .50 caliber cartridge commits a Class A |
22 | | misdemeanor. |
23 | | (720 ILCS 5/24-1.10 new) |
24 | | Sec. 24-1.10. Delivery or sale of large capacity ammunition |
25 | | feeding devices to persons under 21 years of age prohibited. |
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1 | | (a) In this Section: |
2 | | "Large capacity ammunition feeding device" means: |
3 | | (1) a magazine, belt, drum, feed strip, or similar |
4 | | device that has a capacity of, or that can be readily |
5 | | restored or converted to accept, more than 10 rounds of |
6 | | ammunition; or |
7 | | (2) any combination of parts from which a device |
8 | | described in paragraph (1) of this subsection (a) can be |
9 | | assembled. |
10 | | "Large capacity ammunition feeding device" does not |
11 | | include an attached tubular device designed to accept, and |
12 | | capable of operating only with, .22 caliber rimfire ammunition |
13 | | or a tubular magazine
that is contained in a lever-action |
14 | | firearm or any device that has been made permanently |
15 | | inoperable. |
16 | | (b) Except as provided in subsection (c) of this Section, |
17 | | it is unlawful for any person within this State to knowingly |
18 | | deliver or sell, or cause to be delivered or sold, a large |
19 | | capacity ammunition feeding device to a person under 21 years |
20 | | of age. |
21 | | (b-5) Except as provided in subsection (c) of this Section, |
22 | | it is unlawful for any person under 21 years of age to possess |
23 | | a large capacity ammunition feeding device within this State. |
24 | | (c) This Section does not apply to or affect any of the |
25 | | following: |
26 | | (1) Members of the Armed Services or Reserve Forces of |
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1 | | the United States or the Illinois National Guard, for the |
2 | | performance of their official duties. |
3 | | (2) Sale of large capacity ammunition feeding devices |
4 | | for sale or transfer in another state. |
5 | | (3) Sale or rental of large capacity ammunition feeding |
6 | | devices for blank-firing assault weapons and .50 caliber |
7 | | rifles, to persons authorized or permitted, or both |
8 | | authorized and permitted to acquire these devices for the |
9 | | purpose of rental for use solely as props for a motion |
10 | | picture, television, or video production or entertainment |
11 | | event. |
12 | | (d) Sentence. A person who knowingly delivers, sells, |
13 | | possesses, or causes to be delivered or sold, in violation of |
14 | | this Section a large capacity ammunition feeding device capable |
15 | | of holding more than 15 rounds of ammunition commits a Class 3 |
16 | | felony for a first violation and a Class 2 felony for a second |
17 | | or subsequent violation or for delivery or possession of 2 or |
18 | | more of these devices at the same time. Any other violation of |
19 | | this Section is a Class A misdemeanor.
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20 | | Section 99. Effective date. This Act takes effect upon |
21 | | becoming law.".
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