HB3943 102ND GENERAL ASSEMBLY

LRB102 17077 RLC 22506 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3943

Introduced 2/22/2021, by Rep. Anne Stava-Murray

SYNOPSIS AS INTRODUCED:

720 ILCS 5/24-1.9 new

Amends the Criminal Code of 2012. Prohibits the transfer of .50 caliber ammunition and large capacity ammunition feeding devices (30 rounds or more). Provides that on and after the effective date of the amendatory Act, the person may transfer .50 caliber ammunition or a 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 .50 caliber ammunition or a large capacity ammunition feeding devices 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 caliber bullets or devices at the same time. Defines various terms. Effective immediately.

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 a .50 caliber ammunition and large capacity ammunition feeding devices; prohibited.

(a) Definitions. As used in this Section:

".50 caliber cartridge" means a cartridge in .50 BMG caliber or .50 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.

"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, 30 rounds or more 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 30 rounds or more. "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.

(b) Except as provided in subsections (c) and (d), on and after the effective date of this amendatory Act of the 102nd General Assembly, it is unlawful for any person within this State to knowingly transfer or cause to be transferred .50 caliber ammunition or a large capacity ammunition feeding device.

(c) On and after the effective date of this amendatory Act of the 102nd General Assembly, the person may transfer .50 caliber ammunition or a 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 .50 caliber ammunition 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 ammunition or device 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 .50 caliber ammunition or a large capacity ammunition feeding device to a peace officer;

(2) a transfer of .50 caliber ammunition or a 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 .50 caliber ammunition or a 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 .50 caliber ammunition or a 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 .50 caliber ammunition or a 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 .50 caliber ammunition or a 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 .50 caliber ammunition or a large capacity ammunition feeding device for transfer in another state; or

(8) the transfer of .50 caliber ammunition or a large capacity ammunition feeding device used in firearms for the purpose of rental for use solely as props for a motion picture, television, or video production or entertainment event.

(e) Sentence. A person who knowingly transfers or causes to be transferred .50 caliber ammunition or a large capacity ammunition feeding device 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 caliber bullets or devices at the same time.

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