HB4338 100TH GENERAL ASSEMBLY

LRB100 14889 MJP 29714 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4338

Introduced , by Rep. Kathleen Willis

SYNOPSIS AS INTRODUCED:

230 ILCS 15/1	from Ch. 85, par. 2301
230 ILCS 15/4	from Ch. 85, par. 2304

Amends the Raffles and Poker Runs Act. Provides that no raffle, including, but not limited to, a raffle conducted by a law enforcement agency, statewide association the represents law enforcement officials, or government entity, may have an assault weapon as a prize. Defines terms.

A BILL FOR

AN ACT concerning gaming.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Raffles and Poker Runs Act is amended by changing Sections 1 and 4 as follows:

(230 ILCS 15/1) (from Ch. 85, par. 2301)

Sec. 1. Definitions. For the purposes of this Act the terms defined in this Section have the meanings given them.

"Antique firearm" means:

(1) a firearm, including a firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before 1898; or

(2) a replica of a firearm described in paragraph (1) of this definition if such replica is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.

"Assault weapon" means:

(1) a semi-automatic rifle that has the capacity to accept a large-capacity magazine, detachable or otherwise, and one or more of the following:

(A) only a pistol grip without a stock attached;

(B) a feature capable of functioning as a protruding grip that can be held by the non-trigger hand;

(C) a folding, telescoping, or thumbhole stock;

(D) a shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel; or

(E) a muzzle brake or muzzle compensator;

(2) a semi-automatic pistol or a semi-automatic rifle that has a fixed magazine, that has the capacity to accept more than 10 rounds of ammunition;

(3) a semi-automatic pistol that has the capacity to accept a detachable magazine and has one or more of the following:

(A) a feature capable of functioning as a protruding grip that can be held by the non-trigger hand;

(B) a folding, telescoping, or thumbhole stock;

(C) a shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel;

(D) a muzzle brake or muzzle compensator; or

(E) the capacity to accept a detachable magazine at some location outside of the pistol grip;

(4) a semi-automatic shotgun that has one or more of the following:

(A) only a pistol grip without a stock attached;

(B) a feature capable of functioning as a protruding grip that can be held by the non-trigger hand;

(C) a folding, telescoping, or thumbhole stock;

(D) a fixed magazine capacity in excess of 5 rounds;

(E) an ability to accept a detachable magazine; or

(F) a grenade, flare, or rocket launcher;

(5) a shotgun with a revolving cylinder;

(6) a conversion kit, part, or combination of parts, from which an assault weapon can be assembled if those parts are in the possession or under the control of the same person; or

(7) the assault weapon models identified as follows:

(A) the following rifles or copies or duplicates thereof:

(i) AK, AKM, AKS, AK-47, AK-74, ARM, MAK90, Misr, NHM 90, NHM 91, SA 85, SA 93, VEPR, Rock River Arms LAR-47, Vector Arms AK-47, VEPR, WASR-10, WUM, MAADI, Norinco 56S, 56S2, 84S, and 86S;

(ii) AR-10;

(iii) AR-15, Bushmaster XM15, Bushmaster Carbon 15, Bushmaster ACR, Bushmaster MOE series, Armalite M15, Armalite M15-T, and Olympic Arms PCR;

(iv) AR70;

(v) Calico Liberty;

(vi) Dragunov SVD Sniper Rifle or Dragunov SVU;

(vii) Fabrique National FN/FAL, FN/LAR, or FNC;

(viii) Hi-Point Carbine;

(ix) HK-91, HK-93, HK-94, HK-USC, and HK-PSG-1;

(x) Kel-Tec Sub Rifle, Kel-Tec Sub-2000, SU-16, and RFB;

(xi) Saiga;

(xii) SAR-8, SAR-4800;

(xiii) KS with detachable magazine;

(xiv) SLG 95;

(xv) SLR 95 or 96;

(xvi) Steyr AUG;

(xvii) Sturm, Ruger Mini-14, and Sturm, Ruger & Co. SR556;

(xviii) Tavor;

(xix) all Thompson rifles, including Thompson 1927, Thompson M1, Thompson M1SB, Thompson T1100D, Thompson T150D, Thompson T1B, Thompson T1B100D, Thompson T1B50D, Thompson T1BSB, Thompson T1-C, Thompson T1D, Thompson T1SB, Thompson T5, Thompson T5100D, Thompson TM1, Thompson TM1C, and Thompson 1927 Commando;

(xx) Uzi, Galil and Uzi Sporter, Galil Sporter, or Galil Sniper Rifle (Galatz);

(xxi) Barret REC7, Barrett M82A1, Barrett M107A1;

(xxii) Colt Match Target Rifles;

(xxiii) Double Star AR Rifles;

(xxiv) DPMS Tactical Rifles;

(xxv) Heckler & Koch MR556;

(xxvi) Remington R-15 Rifles;

(xxvii) Rock River Arms LAR-15;

(xxviii) Sig Sauer SIG516 Rifles, SIG AMT, SIG PE 57, Sig Saucer SG 550, and Sig Saucer SG 551;

(xxix) Smith & Wesson M&P15;

(xxx) Stag Arms AR;

(xxxi) Baretta CX4 Storm;

(xxxii) CETME Sporter;

(xxxiii) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR 110C;

(xxxiv) Fabrique Nationale/FN Herstal FAL, LAR, 22 FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000;

(xxxv) Feather Industries AT-9;

(xxxvi) Galil Model AR and Model ARM;

(xxxvii) Springfield Armory SAR-48;

(xxxviii) Steyr AUG;

(xxxix) UMAREX UZI Rifle;

(xl) UZI Mini Carbine, UZI Model A Carbine, and UZI Model B Carbine;

(xli) Valmet M62S. M71S, and M78;

(xlii) Vector Arms UZI Type;

(xliii) Weaver Arms Nighthawk; and

(xliv) Wilkinson Arms Linda Carbine;

(B) the following handguns, pistols, or copies or duplicates thereof:

(i) all AK-47 types, including Centurion 39 AK handgun, Draco AK-47 handgun, HCR AK-47 handgun, 10 Inc. Hellpup, AK-47 handgun, Krinkov handgun, Mini Draco AK-47 handgun, and Yugo Krebs Krink handgun;

(ii) all AR-15 types, including American Spirit AR-15 handgun, Bushmaster Carbon 15 handgun, DoubleStar Corporation AR handgun, DPMS AR-15 handgun, Olympic Arms AR-15 handgun, and Rock River Arms LAR 15 handgun;

(iii) Calico Liberty handguns;

(iv) DSA SA58 PKP FAL handgun;

(v) Encom MP-9 and MP-45;

(vi) Heckler & Koch model SP-89 handgun;

(vii) Intratec AB-10, TEC-22 Scorpion, TEC-9, and TEC-DC9;

(viii) Kel-Tec PLR 16 handgun;

(ix) MAC-IO, MAC-11, Masterpiece Arms MPA A930 Mini Pistol, MPA460 Pistol, MPA Tactical Pistol, MPA 3, and MPA Mini Tactical Pistol;

(x) Military Armament Corp. Ingram M-11 and Velocity Arms VMAC;

(xi) Sig Sauer P556 handgun;

(xii) Sites Spectre;

(xiii) all Thompson types, including the Thompson TA510D and Thompson TA5;

(xiv) Olympic Arms OA;

(xv) TEC-9, TEC-DC9, TEC-22 Scorpion, or AB-10; and

(xvi) all UZI types, including Micro-UZI;

(C) the following shotguns or copies or duplicates thereof:

(i) Armscor 30 BG;

(ii) SPAS 12 or LAW 12;

(iii) Striker 12;

(iv) Streetsweeper; and

(v) all IZHMASH Saiga 12 types, including the IZHMASH Saiga 12, IZHMASH Saiga 12S, IZHMASH Saiga 12S EXP-01, IZHMASH Saiga 12K, IZHMASH Saiga 12K-030, and IZHMASH Saiga 12K-040 Taktika; and

(D) all belt-fed semi-automatic firearms, including TNWM2HB.

"Assault weapon" does not include a firearm that has been made permanently inoperable, an antique firearm, or a weapon designed for Olympic target shooting events.

"Belt-fed semi-automatic firearm" means a repeating firearm that: (i) utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round; (ii) requires a separate pull of the trigger to fire each cartridge; and (iii) has the capacity to accept a belt ammunition feeding device.

"Detachable magazine" means an ammunition feeding device, the function of which is to deliver one or more ammunition cartridges into the firing chamber, which can be removed from the firearm without the use of any tool, including a bullet or ammunition cartridge.

"Grenade, flare, or rocket launcher" means an attachment for use on a firearm that is designed to propel a grenade, flare, rocket, or other similar destructive device.

"Net proceeds" means the gross receipts from the conduct of raffles, less reasonable sums expended for prizes, local license fees and other reasonable operating expenses incurred as a result of operating a raffle or poker run.

"Key location" means the location where the poker run concludes and the prize or prizes are awarded.

"Large-capacity magazine" means an ammunition feeding device with the capacity to accept more than 10 rounds, but shall not be construed to include the following:

(1) A feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds.

(2) A 22-caliber tube ammunition feeding device.

(3) A tubular magazine that is contained in a lever-action firearm.

"Muzzle brake" means a device attached to the muzzle of a weapon that utilizes escaping gas to reduce recoil.

"Muzzle compensator" means a device attached to the muzzle of a weapon that utilizes escaping gas to control muzzle movement.

"Net proceeds" means the gross receipts from the conduct of raffles, less reasonable sums expended for prizes, local license fees and other reasonable operating expenses incurred as a result of operating a raffle or poker run.

"Poker run" means a prize-awarding event organized by an organization licensed under this Act in which participants travel to multiple predetermined locations, including a key location, to play a randomized game based on an element of chance. "Poker run" includes dice runs, marble runs, or other events where the objective is to build the best hand or highest score by obtaining an item or playing a randomized game at each location.

"Raffle" means a form of lottery, as defined in Section 28-2(b) of the Criminal Code of 2012, conducted by an organization licensed under this Act, in which:

(1) the player pays or agrees to pay something of value for a chance, represented and differentiated by a number or by a combination of numbers or by some other medium, one or more of which chances is to be designated the winning chance;

(2) the winning chance is to be determined through a drawing or by some other method based on an element of chance by an act or set of acts on the part of persons conducting or connected with the lottery, except that the winning chance shall not be determined by the outcome of a publicly exhibited sporting contest.

"Raffle" does not include a savings promotion raffle authorized under Section 5g of the Illinois Banking Act, Section 7008 of the Savings Bank Act, Section 42.7 of the Illinois Credit Union Act, Section 5136B of the National Bank Act (12 U.S.C. 25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C. 1463).

"Rocket" means a simple or complex tube-like device containing combustibles that on being ignited liberate gases whose action propels the device through the air and has a propellant charge of not more than 4 ounces.

(Source: P.A. 98-644, eff. 6-10-14; 99-149, eff. 1-1-16; 99-405, eff. 8-19-15; 99-642, eff. 7-28-16.)

(230 ILCS 15/4) (from Ch. 85, par. 2304)

Sec. 4. Conduct of raffles and poker runs.

(a) The conducting of raffles and poker runs is subject to the following restrictions:

(1) The entire net proceeds of any raffle or poker run must be exclusively devoted to the lawful purposes of the organization permitted to conduct that game.

(2) No person except a bona fide member of the sponsoring organization may participate in the management or operation of the raffle or poker run.

(3) No person may receive any remuneration or profit for participating in the management or operation of the raffle or poker run.

(4) A licensee may rent a premises on which to determine the winning chance or chances in a raffle only from an organization which is also licensed under this Act. A premises where a poker run is held is not required to obtain a license if the name and location of the premises is listed as a predetermined location on the license issued for the poker run and the premises does not charge for use of the premises.

(5) Raffle chances may be sold or issued only within the area specified on the license and winning chances may be determined only at those locations specified on the license for a raffle.

(6) A person under the age of 18 years may participate in the conducting of raffles or chances or poker runs only with the permission of a parent or guardian. A person under the age of 18 years may be within the area where winning chances in a raffle or winning hands or scores in a poker run are being determined only when accompanied by his parent or guardian.

(7) No raffle, including, but not limited to, a raffle conducted by a law enforcement agency, statewide association that represents law enforcement officials, or government entity, may have an assault weapon as a prize.

(b) If a lessor rents premises where a winning chance or chances on a raffle or a winning hand or score in a poker run is determined, the lessor shall not be criminally liable if the person who uses the premises for the determining of winning chances does not hold a license issued by the governing body of any county or municipality under the provisions of this Act.

(Source: P.A. 98-644, eff. 6-10-14.)