SB1497 101ST GENERAL ASSEMBLY

LRB101 08029 SLF 53091 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1497

Introduced 2/13/2019, by Sen. Julie A. Morrison

SYNOPSIS AS INTRODUCED:

720 ILCS 5/24-1.9 new

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 Department of State Police in the time provided. Provides exemptions and penalties. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL 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 Sections 24-1.9 as follows:

(720 ILCS 5/24-1.9 new)

Sec. 24-1.9. Possession, delivery, sale, and purchase of assault weapons.

(a) Definitions. 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; or

(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.

"Assault weapon" includes, but is not limited to, the assault weapon 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) "Locking mechanism" means secured by a device or mechanism, other than the firearm safety, designed to render a firearm temporarily inoperable; or a box or container capable of containing the firearm and that can be securely locked.

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

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

(b) The Department of State Police shall take all steps necessary to carry out the requirements of this Section within 180 days after the effective date of this amendatory Act of the 101st General Assembly.

(c) Except as provided in subsections (d), (e), (f), and (h) of this Section, on or after the effective date of this amendatory Act of the 101st General Assembly, it is unlawful for any person within this State to knowingly deliver, sell, or purchase or cause to be delivered, sold, or purchased or cause to be possessed by another, an assault weapon or assault weapon attachment.

(d) Except as otherwise provided in subsections (e), (f), and (h) of this Section, 300 days after the effective date of this amendatory Act of the 101st General Assembly, it is unlawful for any person within this State to knowingly possess an assault weapon.

(e) This Section does not apply to a person who possessed an assault weapon before the effective date of this amendatory Act of the 101st General Assembly, provided the person has provided in a registration affidavit, under oath or affirmation and in the form and manner prescribed by the Department of State Police on or after 180 days after the effective date of this amendatory Act of the 101st General Assembly but within 300 days after the effective date of this amendatory Act of the 101st General Assembly:

(1) his or her name;

(2) date of birth;

(3) Firearm Owner's Identification Card number;

(4) the make, model, caliber, and serial number of the weapon; and

(5) proof of a locking mechanism that properly fits the weapon. The affidavit shall include a statement that the weapon is owned by the person submitting the affidavit and that he or she owns a locking mechanism for the weapon.

The affidavit form shall include the following statement printed in bold type: "Warning: Entering false information on this form is punishable as perjury under Section 32-2 of the Criminal Code of 2012."

Beginning 300 days after the effective date of this amendatory Act of the 101st General Assembly, the person may transfer the assault weapon 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 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. The person to whom the weapon is transferred shall, within 60 days of the transfer, complete an affidavit and pay the required registration fee under this Section. A person to whom the weapon is transferred may transfer it only as provided in this subsection.

(f) This Section does not apply to a peace officer who has retired in good standing from a law enforcement agency of this State and who possesses an assault weapon if the weapon was lawfully possessed and acquired by the peace officer prior to retirement and the retired peace officer within 30 days of retirement registers the weapon with the Department of State Police and pays the required registration fee under this Section. The retired peace officer shall comply with the transfer and notification requirements in subsection (e).

(g) For the purpose of registration required under subsections (e) and (f) of this Section, the Department of State Police shall assess a registration fee of $25 per person to the owner of an assault weapon. The fee shall be deposited into the State Police Firearm Services Fund.

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

(1) Peace officers.

(2) Acquisition and possession by a local law enforcement agency for the purpose of equipping the agency's peace officers.

(3) Wardens, superintendents, and keepers of prisons, penitentiaries, jails, and other institutions for the detention of persons accused or convicted of an offense.

(4) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard, while in the performance of their official duties or while traveling to or from their place of duty.

(5) Any 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 their official duties.

(6) Manufacture, transportation, or sale of weapons, attachments, or ammunition to persons authorized under subdivisions (1) through (5) of this subsection (h) to possess those items.

(7) Manufacture, transportation, or sale of weapons, attachments, or ammunition for sale or transfer in another state.

(8) Possession of any firearm if that firearm is sanctioned by the International Olympic Committee and by USA Shooting, the national governing body for international shooting competition in the United States, but only when the firearm is in the actual possession of an Olympic target shooting competitor or target shooting coach for the purpose of storage, transporting to and from Olympic target shooting practice or events if the firearm is broken down in a non-functioning state, is not immediately accessible, or is unloaded and enclosed in a firearm case, carrying box, shipping box, or other similar portable container designed for the safe transportation of firearms, and when the Olympic target shooting competitor or target shooting coach is engaging in those practices or events.

(9) Any non-resident who transports, within 24 hours, a weapon for any lawful purpose from any place where he or she may lawfully possess and carry that weapon to any other place where he or she may lawfully possess and carry that weapon if, during the transportation the weapon is unloaded, and neither the weapon nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of the transporting vehicle. Provided that, in the case of a vehicle without a compartment separate from the driver's compartment the weapon or ammunition shall be contained in a locked container other than the glove compartment or console.

(10) Possession of a weapon at events taking place at the World Shooting and Recreational Complex at Sparta, only while engaged in the legal use of this weapon, or while traveling to or from this location if the weapon is broken down in a non-functioning state, or is not immediately accessible, or is unloaded and enclosed in a firearm case, carrying box, shipping box, or other similar portable container designed for the safe transportation of firearms.

(11) Possession of a weapon only for hunting use expressly permitted under the Wildlife Code, or while traveling to or from a location authorized for this hunting use under the Wildlife Code if the weapon is broken down in a non-functioning state, or is not immediately accessible, or is unloaded and enclosed in a firearm case, carrying box, shipping box, or other similar portable container designed for the safe transportation of firearms.

(12) The manufacture, transportation, possession, sale, or rental of blank-firing assault weapons and the weapon's respective attachments, to persons authorized or permitted, or both authorized and permitted to acquire and possess these weapons or attachments for the purpose of rental for use solely as props for a motion picture, television, or video production or entertainment event.

(i) Sentence.

(1) A person who knowingly delivers, sells, purchases, or possesses or causes to be delivered, sold, purchased, or possessed an assault weapon 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 possession or delivery of 2 or more of these weapons at the same time.

(2) A person who knowingly delivers, sells, purchases, or possesses or causes to be delivered, sold, purchased, or possessed in violation of this Section an assault weapon attachment commits a Class 4 felony for a first violation and a Class 3 felony for a second or subsequent violation.

(3) Any other violation of this Section is a Class A misdemeanor.

Section 99. Effective date. This Act takes effect upon becoming law.