98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1428

 

Introduced 2/6/2013, by Sen. Kyle McCarter

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-11 new

    Amends the Criminal Code of 2012. Provides that it is unlawful for any officer or employee of the State, or any political subdivision, or any federal firearms dealer licensed under 18 U.S.C. 923 to enforce any act, law, statute, rule, or regulation of the federal government relating to a personal firearm, firearm accessory, or ammunition that is owned or manufactured commercially or privately in the State and that remains exclusively within the boundaries of the State. Provides that any official, agent, or employee of the federal government who enforces any act, order, law, statute, rule, or regulation of the federal government upon a personal firearm, a firearm accessory, or ammunition that is owned or manufactured commercially or privately in the State and that remains exclusively within the borders of the State is guilty of a Class 4 felony. Provides that any federal law, rule, regulation, or order created or effective on or after January 1, 2013 is unenforceable in the State if the law, rule, regulation, or order attempts to: (1) ban or restrict ownership of a semi-automatic firearm or any magazine of a firearm; or (2) require any firearm, magazine, or other firearm accessory to be registered in any manner. Effective immediately.


LRB098 07379 RLC 37443 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1428LRB098 07379 RLC 37443 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by adding
5Section 24-11 as follows:
 
6    (720 ILCS 5/24-11 new)
7    Sec. 24-11. Unenforceability of federal firearms laws and
8regulations.
9    (a) It is unlawful for any officer or employee of this
10State, or any political subdivision, or any federal firearms
11dealer licensed under 18 U.S.C. 923 to enforce any act, law,
12statute, rule, or regulation of the federal government relating
13to a personal firearm, firearm accessory, or ammunition that is
14owned or manufactured commercially or privately in this State
15and that remains exclusively within the boundaries of this
16State.
17    (b) Any official, agent, or employee of the federal
18government who enforces any act, order, law, statute, rule, or
19regulation of the federal government upon a personal firearm, a
20firearm accessory, or ammunition that is owned or manufactured
21commercially or privately in this State and that remains
22exclusively within the borders of this State is guilty of a
23Class 4 felony.

 

 

SB1428- 2 -LRB098 07379 RLC 37443 b

1    (c) Any person in violation of a federal law relating to
2the manufacture, sale, transfer, or possession of a firearm, a
3firearm accessory, or ammunition owned or manufactured and
4retained exclusively within the boundaries of this State may
5request the Attorney General to defend him or her for the
6violation.
7    (d) Any federal law, rule, regulation, or order created or
8effective on or after January 1, 2013 shall be unenforceable in
9this State if the law, rule, regulation, or order attempts to:
10        (1) ban or restrict ownership of a semi-automatic
11    firearm or any magazine of a firearm; or
12        (2) require any firearm, magazine, or other firearm
13    accessory to be registered in any manner.
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.