SB3297 100TH GENERAL ASSEMBLY

LRB100 18820 RLC 34060 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3297

Introduced 2/16/2018, by Sen. Ira I. Silverstein

SYNOPSIS AS INTRODUCED:

720 ILCS 5/24-1.9 new

Amends the Criminal Code of 2012. Prohibits the transfer of an assault weapon, assault weapon attachment, .50 caliber rifle, and a large capacity ammunition feeding device. Provides that on and after the effective date of the amendatory Act, the person may transfer the assault weapon, assault weapon attachment, .50 caliber rifle, or large capacity ammunition feeding device only to an heir, an individual residing in another state maintaining it in another state, or a dealer licensed as a federal firearms dealer under the federal Gun Control Act of 1968. Provides exemptions. Provides that a person who knowingly transfers or causes to be transferred an assault weapon or .50 caliber rifle commits a Class 3 felony for a first violation and a Class 2 felony for a second or subsequent violation or for the transfer of 2 or more of these weapons at the same time. Provides that a person who knowingly delivers or causes to be delivered an assault weapon attachment or large capacity ammunition feeding device commits a Class 4 felony for a first violation and a Class 3 felony for a second or subsequent violation. Defines various terms.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

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

Section 5. The Criminal Code of 2012 is amended by adding Section 24-1.9 as follows:

(720 ILCS 5/24-1.9 new)

Sec. 24-1.9. Transfer of an assault weapon, assault weapon attachment, .50 caliber rifle, or large capacity ammunition feeding device.

(a) Definitions. As used in this Section:

(1) "Antique firearm" has the meaning ascribed to it in 18 U.S.C. 921 (a)(16).

(2) "Assault weapon" means:

(A) a semiautomatic rifle that has the capacity to accept a large capacity magazine detachable or otherwise and one or more of the following:

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

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

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

(iv) 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

(v) a muzzle brake or muzzle compensator;

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

(C) a semiautomatic pistol that has the capacity to accept a detachable magazine and has one or more of the following:

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

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

(iii) 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;

(iv) a muzzle brake or muzzle compensator; or

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

(D) a semiautomatic shotgun that has one or more of the following:

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

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

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

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

(v) an ability to accept a detachable magazine;

(E) any shotgun with a revolving cylinder;

(F) 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;

(G) shall include, but not be limited to, the assault weapons models identified as follows:

(i) the following rifles or copies or duplicates of those rifles:

(I) AK, AKM, AKS, AK-47, AK-74, ARM, MAK90, Misr, NHM 90, NHM 91, SA 85, SA 93, VEPR;

(II) AR-10;

(III) AR-15, Bushmaster XM15, Armalite Ml5, or 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, or HK-PSG-1;

(X) Kel-Tec Sub Rifle;

(XI) Saiga;

(XII) SAR-8, SAR-4800;

(XIII) SKS with detachable magazine;

(XIV) SLG 95;

(XV) SLR 95 or 96;

(XVI) Steyr AUG;

(XVII) Sturm, Ruger Mini-14;

(XVIII) Tavor;

(XIX) Thompson 1927, Thompson Ml, or Thompson 1927 Commando; or

(XX) Uzi, Galil and Uzi Sporter, Galil Sporter, or Galil Sniper Rifle (Galatz).

(ii) the following pistols or copies or duplicates of those pistols:

(I) Calico M-110;

(II) MAC-10, MAC-11, or MPA3;

(III) Olympic Arms OA;

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

(V) Uzi.

(iii) The following shotguns or copies or duplicates of those shotguns:

(I) Armscor 30 BG;

(II) SPAS 12 or LAW 12;

(III) Striker 12; or

(IV) Streetsweeper.

"Assault weapon" does not include any firearm that has been made permanently inoperable, or satisfies the definition of antique firearm, or weapons designed for Olympic target shooting events.

(3) "Assault weapon attachment" means any device capable of being attached to a firearm that is specifically designed for making or converting a firearm into any of the firearms listed in paragraph (2) of this subsection (a).

(4) "Detachable magazine" means any 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.

(5) ".50 caliber cartridge" means a cartridge in .50 BMG caliber, either by designation or actual measurement, that is capable of being fired from a centerfire rifle. The term ".50 caliber cartridge" does not include any memorabilia or display item that is filled with a permanent inert substance or that is otherwise permanently altered in a manner that prevents ready modification for use as live ammunition or shotgun ammunition with a caliber measurement that is equal to or greater than .50 caliber.

(6) ".50 caliber rifle" means a centerfire rifle capable of firing a .50 caliber cartridge. The term does not include any antique firearm, any shotgun including a shotgun that has a rifle barrel, or any muzzle-loader which uses black powder for hunting or historical re-enactments.

(7) "Large capacity ammunition feeding device" means:

(A) a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition; or

(B) any combination of parts from which a device described in subparagraph (A) can be assembled.

"Large capacity ammunition feeding device" does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition or a feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds. "Large capacity ammunition feeding device" does not include a tubular magazine that is contained in a lever-action firearm or any device that has been made permanently inoperable.

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

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

(10) "Transfer" means a delivery, loan, rental, or sale.

(b) Except as provided in subsections (c) and (d) of this Section, on and after the effective date of this amendatory Act of the 100th General Assembly, it is unlawful for any person within this State to knowingly transfer or cause to be transferred an assault weapon, assault weapon attachment, .50 caliber rifle, or large capacity ammunition feeding device.

(c) On and after the effective date of this amendatory Act of the 100th General Assembly, the person may transfer the assault weapon, assault weapon attachment, .50 caliber rifle, or large capacity ammunition feeding device only to an heir, an individual residing in another state maintaining it in another state, or a dealer licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968. Within 10 days after transfer of the weapon, attachment, or device except to an heir, the person shall notify the Department of State Police of the name and address of the transferee and comply with the requirements of subsection (b) of Section 3 of the Firearm Owners Identification Card Act. A person to whom the weapon is transferred may transfer it only as provided in this subsection.

(d) This Section does not apply to or affect any of the following:

(1) a transfer of an assault weapon, assault weapon attachment, .50 caliber rifle, or large capacity ammunition feeding device to a peace officer;

(2) a transfer of an assault weapon, assault weapon attachment, .50 caliber rifle, or large capacity ammunition feeding device by a local law enforcement agency for the purpose of equipping the agency's peace officers;

(3) a transfer of an assault weapon, assault weapon attachment, .50 caliber rifle, or large capacity ammunition feeding device to a warden, superintendent, or keeper of a prison, penitentiary, jail, or other institution for the detention of persons accused or convicted of an offense;

(4) a transfer of an assault weapon, assault weapon attachment, .50 caliber rifle, or large capacity ammunition feeding device to a member of the Armed Services or Reserve Forces of the United States or the Illinois National Guard, while in the performance of his or her official duties or while traveling to or from their place of duty;

(5) a transfer of an assault weapon, assault weapon attachment, .50 caliber rifle, or large capacity ammunition feeding device to a company that employs armed security officers in this State at a nuclear energy, storage, weapons, or development site or facility regulated by the federal Nuclear Regulatory Commission and persons employed as an armed security force member at a nuclear energy, storage, weapons, or development site or facility regulated by the federal Nuclear Regulatory Commission who have completed the background screening and training mandated by the rules and regulations of the federal Nuclear Regulatory Commission and while in the performance of his or her official duties;

(6) the transfer of an assault weapon, assault weapon attachment, .50 caliber rifle, or large capacity ammunition feeding device to persons authorized under paragraphs (1) through (5) of this subsection (d) to transfer those items;

(7) the transfer of an assault weapon, assault weapon attachment, .50 caliber rifle, or large capacity ammunition feeding device for transfer in another state; or

(8) the transfer of a blank-firing assault weapon or .50 caliber rifle or the weapon's respective attachments, to a person authorized or permitted, or both authorized and permitted to acquire and possess the weapon or attachments for the purpose of rental for use solely as props for a motion picture, television, or video production or entertainment event.

(e) Sentence.

(1) A person who knowingly transfers or causes to be transferred an assault weapon or .50 caliber rifle in violation of this Section commits a Class 3 felony for a first violation and a Class 2 felony for a second or subsequent violation or for the transfer of 2 or more of these weapons at the same time.

(2) A person who knowingly delivers or causes to be delivered in violation of this Section an assault weapon attachment or large capacity ammunition feeding device commits a Class 4 felony for a first violation and a Class 3 felony for a second or subsequent violation.