SB1002sam001 98TH GENERAL ASSEMBLY

Sen. Antonio Muņoz

Filed: 5/9/2013

09800SB1002sam001 LRB098 05244 RLC 45670 a

AMENDMENT TO SENATE BILL 1002

AMENDMENT NO. ______. Amend Senate Bill 1002 by replacing everything after the enacting clause with the following:

"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. Possession, delivery, sale, and purchase of large capacity ammunition feeding devices.

(a) As used in this Section:

"Large capacity ammunition feeding device" means:

(1) 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

(2) any combination of parts from which a device described in paragraph (1) 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 any device that has been made permanently inoperable.

(b) Except as provided in subsection (c), it is unlawful for any person within this State, beginning 90 days after the effective date of this amendatory Act of the 98th General Assembly, to knowingly deliver, sell, purchase, or possess or cause to be delivered, sold, purchased, or possessed, a large capacity ammunition feeding device.

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

(1) Peace officers as defined in Section 2-13 of this Code and retired peace officers not otherwise prohibited from receiving a firearm, in possession of a large capacity ammunition feeding device transferred to the retired peace officer by his or her law enforcement agency upon retirement.

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

(3) 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.

(4) Manufacture, transportation, or sale of large capacity ammunition feeding devices to persons authorized under paragraphs (1) through (3) of this subsection to possess those items.

(5) Possession of a large capacity ammunition feeding device at events taking place at the World Shooting and Recreational Complex at Sparta, only while engaged in the legal use of the device, or while traveling to or from this location if the items are broken down in a non-functioning state, or are not immediately accessible, or are unloaded and enclosed in a case, firearm carrying box, shipping box, or other container.

(6) Possession of any large capacity ammunition feeding device if that large capacity ammunition feeding device 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 large capacity ammunition feeding device 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 device is broken down in a non-functioning state, is not immediately accessible, or is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container, and when the Olympic target shooting competitor or target shooting coach is engaging in those practices or events.

(7) Possession of a large capacity ammunition feeding device only for a hunting use expressly permitted under the Wildlife Code, or while traveling to or from a location authorized for hunting use under the Wildlife Code if the items are broken down in a non-functioning state, or are not immediately accessible, or are unloaded and enclosed in a case, firearm carrying box, shipping box, or other container.

(d) Sentence. A person who knowingly delivers, sells, purchases, or possesses or causes to be delivered, sold, purchased, or possessed in violation of this Section a large capacity ammunition feeding device capable of holding more than 17 rounds of ammunition commits a Class 3 felony for a first violation and a Class 2 felony for a second or subsequent violation or for possession or delivery of 2 or more of these devices at the same time. A person who knowingly delivers, sells, purchases, or possesses or causes to be delivered, sold, purchased, or possessed in violation of this Section a large capacity ammunition feeding device capable of holding more than 10 rounds but not more than 17 rounds of ammunition commits a Class 4 felony for a first violation and a Class 3 felony for a second or subsequent violation or for possession or delivery of more than one of these devices at the same time.

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