SB3560 98TH GENERAL ASSEMBLY

LRB098 17551 RLC 52660 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3560

Introduced 2/14/2014, by Sen. Kwame Raoul

SYNOPSIS AS INTRODUCED:

See Index

Amends the Freedom of Information Act. Exempts assault weapon registration affidavits. Amends the State Police Act. Authorizes emergency procurement for an assault weapon registration system. Amends the Firearm Owners Identification Card Act. Raises penalty for failure to keep a firearm transfer record. Amends the Criminal Code of 2012. Provides that after the effective date, it is unlawful to knowingly deliver, sell, or purchase a semi-automatic assault weapon, attachment, .50 caliber rifle, or .50 caliber cartridge. Prohibits possession of these weapons and attachments, 270 days after the effective date. Allows possession of a weapon or attachment possessed before the effective date if the person provides a registration affidavit. Provides that a retired peace officer may possess a weapon or attachment, if lawfully acquired and possessed prior to retirement and a registration affidavit filed. Provides that the person or retired peace officer may only transfer the weapon or attachment to an heir, an individual residing in another state, or a licensed federal firearms dealer. Establishes registration fees. Provides that 60 days after the effective date, it is unlawful to knowingly deliver, sell, purchase, or possess a large capacity ammunition feeding device. Provides exemptions and penalties. Raises gunrunning penalties. Provides that a person who possesses or acquires a handgun, semi-automatic assault weapon, assault weapon attachment, .50 caliber rifle, .50 caliber cartridge, or large capacity ammunition feeding device and later loses or has it stolen, must report the loss or theft to law enforcement. Provides severability. 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 Freedom of Information Act is amended by changing Section 7.5 as follows:

(5 ILCS 140/7.5)

Sec. 7.5. Statutory Exemptions. To the extent provided for by the statutes referenced below, the following shall be exempt from inspection and copying:

(a) All information determined to be confidential under Section 4002 of the Technology Advancement and Development Act.

(b) Library circulation and order records identifying library users with specific materials under the Library Records Confidentiality Act.

(c) Applications, related documents, and medical records received by the Experimental Organ Transplantation Procedures Board and any and all documents or other records prepared by the Experimental Organ Transplantation Procedures Board or its staff relating to applications it has received.

(d) Information and records held by the Department of Public Health and its authorized representatives relating to known or suspected cases of sexually transmissible disease or any information the disclosure of which is restricted under the Illinois Sexually Transmissible Disease Control Act.

(e) Information the disclosure of which is exempted under Section 30 of the Radon Industry Licensing Act.

(f) Firm performance evaluations under Section 55 of the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act.

(g) Information the disclosure of which is restricted and exempted under Section 50 of the Illinois Prepaid Tuition Act.

(h) Information the disclosure of which is exempted under the State Officials and Employees Ethics Act, and records of any lawfully created State or local inspector general's office that would be exempt if created or obtained by an Executive Inspector General's office under that Act.

(i) Information contained in a local emergency energy plan submitted to a municipality in accordance with a local emergency energy plan ordinance that is adopted under Section 11-21.5-5 of the Illinois Municipal Code.

(j) Information and data concerning the distribution of surcharge moneys collected and remitted by wireless carriers under the Wireless Emergency Telephone Safety Act.

(k) Law enforcement officer identification information or driver identification information compiled by a law enforcement agency or the Department of Transportation under Section 11-212 of the Illinois Vehicle Code.

(l) Records and information provided to a residential health care facility resident sexual assault and death review team or the Executive Council under the Abuse Prevention Review Team Act.

(m) Information provided to the predatory lending database created pursuant to Article 3 of the Residential Real Property Disclosure Act, except to the extent authorized under that Article.

(n) Defense budgets and petitions for certification of compensation and expenses for court appointed trial counsel as provided under Sections 10 and 15 of the Capital Crimes Litigation Act. This subsection (n) shall apply until the conclusion of the trial of the case, even if the prosecution chooses not to pursue the death penalty prior to trial or sentencing.

(o) Information that is prohibited from being disclosed under Section 4 of the Illinois Health and Hazardous Substances Registry Act.

(p) Security portions of system safety program plans, investigation reports, surveys, schedules, lists, data, or information compiled, collected, or prepared by or for the Regional Transportation Authority under Section 2.11 of the Regional Transportation Authority Act or the St. Clair County Transit District under the Bi-State Transit Safety Act.

(q) Information prohibited from being disclosed by the Personnel Records Review Act.

(r) Information prohibited from being disclosed by the Illinois School Student Records Act.

(s) Information the disclosure of which is restricted under Section 5-108 of the Public Utilities Act.

(t) All identified or deidentified health information in the form of health data or medical records contained in, stored in, submitted to, transferred by, or released from the Illinois Health Information Exchange, and identified or deidentified health information in the form of health data and medical records of the Illinois Health Information Exchange in the possession of the Illinois Health Information Exchange Authority due to its administration of the Illinois Health Information Exchange. The terms "identified" and "deidentified" shall be given the same meaning as in the Health Insurance Accountability and Portability Act of 1996, Public Law 104-191, or any subsequent amendments thereto, and any regulations promulgated thereunder.

(u) Records and information provided to an independent team of experts under Brian's Law.

(v) Names , affidavit, and information of people who have:

(1) applied for or received Firearm Owner's Identification Cards under the Firearm Owners Identification Card Act or applied for or received a concealed carry license under the Firearm Concealed Carry Act, unless otherwise authorized by the Firearm Concealed Carry Act; and databases under the Firearm Concealed Carry Act, records of the Concealed Carry Licensing Review Board under the Firearm Concealed Carry Act, and law enforcement agency objections under the Firearm Concealed Carry Act; or

(2) provided a registration affidavit to the Department of State Police for a weapon, attachment, or device under Section 24-1.9 or 24-1.10 of the Criminal Code of 2012.

(w) Personally identifiable information which is exempted from disclosure under subsection (g) of Section 19.1 of the Toll Highway Act.

(x) Information which is exempted from disclosure under Section 5-1014.3 of the Counties Code or Section 8-11-21 of the Illinois Municipal Code.

(y) Confidential information under the Adult Protective Services Act and its predecessor enabling statute, the Elder Abuse and Neglect Act, including information about the identity and administrative finding against any caregiver of a verified and substantiated decision of significant abuse, neglect, or financial exploitation of an eligible adult maintained in the Department of Public Health's Health Care Worker Registry.

(z) Records and information provided to an at-risk adult fatality review team or the Illinois At-Risk Adult Fatality Review Team Advisory Council under Section 15 of the Adult Protective Services Act.

(Source: P.A. 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13; 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; revised 7-23-13.)

Section 10. The State Police Act is amended by adding Section 24 as follows:

(20 ILCS 2610/24 new)

Sec. 24. Assault weapons and large ammunition feeding device registration eligibility verification system vendor contract.

(a) For the purposes of this Section, "Department" means the Department of State Police.

(b) Because of the urgent need to protect the public safety from firearm violence, the Department shall enter into a contract or contracts with one or more third-party entities to provide the services as set forth in subsection (c) of this Section. Any of these procurements by the Department to perform functions related to this Section shall be deemed to be emergency purchases necessary to prevent or minimize serious disruption in critical State services that affect public safety. The procurement of this contract or contracts shall be conducted in accordance with the emergency purchase provisions prescribed in Section 20-30 of the Illinois Procurement Code. However, the term of these emergency contracts shall not be limited to 90 days but may be for an initial term of up to 2 years. In procuring any emergency contract or contracts, (i) the State Procurement Officer, in consultation with the Department, shall cause a notice to be posted to the Illinois Procurement Bulletin of the Department's intent to procure, a description of the anticipated contract objectives, and the duties and responsibilities of any third-party entity; (ii) the Department may invite an interested third-party entity or entities to one or more meetings to discuss the procurement, the contents thereof, and the scope of the procurement, and to answer questions; (iii) the interested third-party entity or entities shall be invited to submit their solutions in writing; (iv) the Department shall select the third-party entity or entities whose solutions best fit the Department's needs as described by the Department in the notice posted to the Illinois Procurement Bulletin and shall enter into negotiations with one or more to settle on final duties and responsibilities and the price for the final contract or contracts; and (v) the State Purchasing Officer, in consultation with the Department, shall cause any award to be posted to the Illinois Procurement Bulletin. The provisions prescribed in Section 50-39 of the Illinois Procurement Code do not apply to any emergency purchases procured under this Section. Notwithstanding any other provision of the Illinois Procurement Code to the contrary, any amendments to any contract or contracts that the Chief Procurement Officer, in consultation with the Department, determines are necessary to implement this Section shall be deemed to be within the scope of the emergency purchases allowed under this Section and under Section 20-30 of the Illinois Procurement Code.

(c) No later than 60 days after the effective date of this amendatory Act of the 98th General Assembly, the Department, in consultation with the Chief Procurement Officer, shall conduct and complete any procurement necessary to procure a vendor to create, implement, and administer a registration eligibility verification system for semi-automatic assault weapons, assault weapon attachments, .50 caliber rifles, .50 caliber cartridges, and large capacity ammunition feeding devices as provided in Sections 24-1.9 and 24-1.10 of the Criminal Code of 2012 and as required by the Department. The registration eligibility verification system must ensure the firearms and devices are registered to persons with valid Firearm Owner's Identification cards whom may lawfully possess the weapons, attachments, or devices. Notwithstanding any other provision of the Illinois Procurement Code to the contrary:

(1) The procurement may include procurement of a vendor to assist the Department in conducting the procurement. This vendor shall be precluded from working on any contract awarded under this subsection (c).

(2) The Department, in consultation with the Chief Procurement Officer, shall negotiate final contract terms with a vendor selected by the Department and within 30 days of selection of a registration eligibility verification vendor, the Department shall enter into a contract with the selected vendor.

Section 15. The Firearm Owners Identification Card Act is amended by changing Sections 3 and 8 as follows:

(430 ILCS 65/3) (from Ch. 38, par. 83-3)

Sec. 3. (a) Except as provided in Section 3a, no person may knowingly transfer, or cause to be transferred, any firearm, firearm ammunition, stun gun, or taser to any person within this State unless the transferee with whom he deals displays a currently valid Firearm Owner's Identification Card which has previously been issued in his name by the Department of State Police under the provisions of this Act. In addition, all firearm, stun gun, and taser transfers by federally licensed firearm dealers are subject to Section 3.1.

(a-5) Any person who is not a federally licensed firearm dealer and who desires to transfer or sell a firearm while that person is on the grounds of a gun show must, before selling or transferring the firearm, request the Department of State Police to conduct a background check on the prospective recipient of the firearm in accordance with Section 3.1.

(a-10) Any person who is not a federally licensed firearm dealer and who desires to transfer or sell a firearm or firearms to any person who is not a federally licensed firearm dealer shall, before selling or transferring the firearms, contact the Department of State Police with the transferee's or purchaser's Firearm Owner's Identification Card number to determine the validity of the transferee's or purchaser's Firearm Owner's Identification Card. This subsection shall not be effective until January 1, 2014. The Department of State Police may adopt rules concerning the implementation of this subsection. The Department of State Police shall provide the seller or transferor an approval number if the purchaser's Firearm Owner's Identification Card is valid. Approvals issued by the Department for the purchase of a firearm pursuant to this subsection are valid for 30 days from the date of issue.

(a-15) The provisions of subsection (a-10) of this Section do not apply to:

(1) transfers that occur at the place of business of a federally licensed firearm dealer, if the federally licensed firearm dealer conducts a background check on the prospective recipient of the firearm in accordance with Section 3.1 of this Act and follows all other applicable federal, State, and local laws as if he or she were the seller or transferor of the firearm, although the dealer is not required to accept the firearm into his or her inventory. The purchaser or transferee may be required by the federally licensed firearm dealer to pay a fee not to exceed $10 per firearm, which the dealer may retain as compensation for performing the functions required under this paragraph, plus the applicable fees authorized by Section 3.1;

(2) transfers as a bona fide gift to the transferor's husband, wife, son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, nephew, niece, uncle, aunt, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, or daughter-in-law;

(3) transfers by persons acting pursuant to operation of law or a court order;

(4) transfers on the grounds of a gun show under subsection (a-5) of this Section;

(5) the delivery of a firearm by its owner to a gunsmith for service or repair, the return of the firearm to its owner by the gunsmith, or the delivery of a firearm by a gunsmith to a federally licensed firearms dealer for service or repair and the return of the firearm to the gunsmith;

(6) temporary transfers that occur while in the home of the unlicensed transferee, if the unlicensed transferee is not otherwise prohibited from possessing firearms and the unlicensed transferee reasonably believes that possession of the firearm is necessary to prevent imminent death or great bodily harm to the unlicensed transferee;

(7) transfers to a law enforcement or corrections agency or a law enforcement or corrections officer acting within the course and scope of his or her official duties;

(8) transfers of firearms that have been rendered permanently inoperable to a nonprofit historical society, museum, or institutional collection; and

(9) transfers to a person who is exempt from the requirement of possessing a Firearm Owner's Identification Card under Section 2 of this Act.

(a-20) The Department of State Police shall develop an Internet-based system for individuals to determine the validity of a Firearm Owner's Identification Card prior to the sale or transfer of a firearm. The Department shall have the Internet-based system completed and available for use by July 1, 2015. The Department shall adopt rules not inconsistent with this Section to implement this system.

(b) Any person within this State who transfers or causes to be transferred any firearm, stun gun, or taser shall keep a record of such transfer for a period of 10 years from the date of transfer. Such record shall contain the date of the transfer; the description, serial number or other information identifying the firearm, stun gun, or taser if no serial number is available; and, if the transfer was completed within this State, the transferee's Firearm Owner's Identification Card number and any approval number or documentation provided by the Department of State Police pursuant to subsection (a-10) of this Section. On or after January 1, 2006, the record shall contain the date of application for transfer of the firearm. On demand of a peace officer such transferor shall produce for inspection such record of transfer. Failure to keep a record of the transfer is a Class 4 felony. If the transfer or sale took place at a gun show, the record shall include the unique identification number. Failure to record the unique identification number or approval number is a Class 4 felony petty offense.

(b-5) Any resident may purchase ammunition from a person within or outside of Illinois if shipment is by United States mail or by a private express carrier authorized by federal law to ship ammunition. Any resident purchasing ammunition within or outside the State of Illinois must provide the seller with a copy of his or her valid Firearm Owner's Identification Card and either his or her Illinois driver's license or Illinois State Identification Card prior to the shipment of the ammunition. The ammunition may be shipped only to an address on either of those 2 documents.

(c) The provisions of this Section regarding the transfer of firearm ammunition shall not apply to those persons specified in paragraph (b) of Section 2 of this Act.

(Source: P.A. 97-1135, eff. 12-4-12; 98-508, eff. 8-19-13.)

(430 ILCS 65/8) (from Ch. 38, par. 83-8)

Sec. 8. Grounds for denial and revocation.

(A) The Department of State Police has authority to deny an application for or to revoke and seize a Firearm Owner's Identification Card previously issued under this Act only if the Department finds that the applicant or the person to whom such card was issued is or was at the time of issuance:

(a) A person under 21 years of age who has been convicted of a misdemeanor other than a traffic offense or adjudged delinquent;

(b) A person under 21 years of age who does not have the written consent of his parent or guardian to acquire and possess firearms and firearm ammunition, or whose parent or guardian has revoked such written consent, or where such parent or guardian does not qualify to have a Firearm Owner's Identification Card;

(c) A person convicted of a felony under the laws of this or any other jurisdiction;

(d) A person addicted to narcotics;

(e) A person who has been a patient of a mental health facility within the past 5 years or a person who has been a patient in a mental health facility more than 5 years ago who has not received the certification required under subsection (u) of this Section. An active law enforcement officer employed by a unit of government who is denied, revoked, or has his or her Firearm Owner's Identification Card seized under this subsection (e) may obtain relief as described in subsection (c-5) of Section 10 of this Act if the officer did not act in a manner threatening to the officer, another person, or the public as determined by the treating clinical psychologist or physician, and the officer seeks mental health treatment;

(f) A person whose mental condition is of such a nature that it poses a clear and present danger to the applicant, any other person or persons or the community;

(g) A person who is intellectually disabled;

(h) A person who intentionally makes a false statement in the Firearm Owner's Identification Card application;

(i) An alien who is unlawfully present in the United States under the laws of the United States;

(i-5) An alien who has been admitted to the United States under a non-immigrant visa (as that term is defined in Section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26))), except that this subsection (i-5) does not apply to any alien who has been lawfully admitted to the United States under a non-immigrant visa if that alien is:

(1) admitted to the United States for lawful hunting or sporting purposes;

(2) an official representative of a foreign government who is:

(A) accredited to the United States Government or the Government's mission to an international organization having its headquarters in the United States; or

(B) en route to or from another country to which that alien is accredited;

(3) an official of a foreign government or distinguished foreign visitor who has been so designated by the Department of State;

(4) a foreign law enforcement officer of a friendly foreign government entering the United States on official business; or

(5) one who has received a waiver from the Attorney General of the United States pursuant to 18 U.S.C. 922(y)(3);

(j) (Blank);

(k) A person who has been convicted within the past 5 years of battery, assault, aggravated assault, violation of an order of protection, or a substantially similar offense in another jurisdiction, in which a firearm was used or possessed;

(l) A person who has been convicted of domestic battery, aggravated domestic battery, or a substantially similar offense in another jurisdiction committed before, on or after January 1, 2012 (the effective date of Public Act 97-158). If the applicant or person who has been previously issued a Firearm Owner's Identification Card under this Act knowingly and intelligently waives the right to have an offense described in this paragraph (l) tried by a jury, and by guilty plea or otherwise, results in a conviction for an offense in which a domestic relationship is not a required element of the offense but in which a determination of the applicability of 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of the Code of Criminal Procedure of 1963, an entry by the court of a judgment of conviction for that offense shall be grounds for denying an application for and for revoking and seizing a Firearm Owner's Identification Card previously issued to the person under this Act;

(m) (Blank);

(n) A person who is prohibited from acquiring or possessing firearms or firearm ammunition by any Illinois State statute or by federal law;

(o) A minor subject to a petition filed under Section 5-520 of the Juvenile Court Act of 1987 alleging that the minor is a delinquent minor for the commission of an offense that if committed by an adult would be a felony;

(p) An adult who had been adjudicated a delinquent minor under the Juvenile Court Act of 1987 for the commission of an offense that if committed by an adult would be a felony;

(q) A person who is not a resident of the State of Illinois, except as provided in subsection (a-10) of Section 4;

(r) A person who has been adjudicated as a mentally disabled person;

(s) A person who has been found to be developmentally disabled;

(t) A person involuntarily admitted into a mental health facility; or

(u) A person who has had his or her Firearm Owner's Identification Card revoked or denied under subsection (e) of this Section or item (iv) of paragraph (2) of subsection (a) of Section 4 of this Act because he or she was a patient in a mental health facility as provided in item (2) of subsection (e) of this Section, shall not be permitted to obtain a Firearm Owner's Identification Card, after the 5-year 5 year period has lapsed, unless he or she has received a mental health evaluation by a physician, clinical psychologist, or qualified examiner as those terms are defined in the Mental Health and Developmental Disabilities Code, and has received a certification that he or she is not a clear and present danger to himself, herself, or others. The physician, clinical psychologist, or qualified examiner making the certification and his or her employer shall not be held criminally, civilly, or professionally liable for making or not making the certification required under this subsection, except for willful or wanton misconduct. This subsection does not apply to a person whose firearm possession rights have been restored through administrative or judicial action under Section 10 or 11 of this Act. ; or

(v) Upon revocation of a person's Firearm Owner's Identification Card, the Department of State Police shall provide notice to the person and the person shall comply with Section 9.5 of this Act.

(B) The Department of State Police may revoke and seize a Firearm Owner's Identification Card previously issued under this Act of a person who fails to report the loss or theft of a handgun a second time to the local law enforcement agency within 72 hours after the person should have known of the second loss or theft.

(Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13; 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; revised 9-24-13.)

Section 20. The Criminal Code of 2012 is amended by changing Section 24-3A and by adding Sections 24-1.9, 24-1.10, and 24-4.2 as follows:

(720 ILCS 5/24-1.9 new)

Sec. 24-1.9. Possession, delivery, sale, and purchase of semi-automatic assault weapons, assault weapon attachments, .50 caliber rifles, and .50 caliber cartridges.

(a) Definitions. In this Section:

(1) "Semi-automatic assault weapon" means:

(A) any of the firearms or types, replicas, or duplicates in any caliber of the firearms, known as:

(i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models);

(ii) Action Arms Israeli Military Industries UZI and Galil;

(iii) Beretta AR-70 (SC-70);

(iv) Colt AR-15;

(v) Fabrique Nationale FN/FAL, FN/LAR, and FNC;

(vi) SWD M-10, M-11, M-11/9, and M-12;

(vii) Steyr AUG;

(viii) INTRATEC TEC-9, TEC-DC9, and TEC-22; and

(ix) any shotgun which contains its ammunition in a revolving cylinder, such as (but not limited to) the Street Sweeper and Striker 12;

(B) a semi-automatic rifle or pump-action rifle that has an ability to accept a detachable magazine and has any of the following:

(i) a folding or telescoping stock;

(ii) a pistol grip or thumbhole stock;

(iii) a shroud that is attached to, or partially or completely encircles the barrel, and that permits the shooter to hold the firearm with the non-trigger hand without being burned;

(C) a semi-automatic pistol that has an ability to accept a detachable magazine and has any of the following:

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

(ii) a shroud that is attached to, or partially or completely encircles the barrel, and that permits the shooter to hold the firearm with the non-trigger hand without being burned;

(iii) an ammunition magazine that attaches to the pistol outside of the pistol grip;

(iv) a manufactured weight of 50 ounces or more when the pistol is unloaded; or

(v) a semi-automatic version of an automatic firearm;

(C-1) a semi-automatic rifle or pistol with a fixed magazine that has the capacity to accept more than 10 rounds of ammunition;

(D) a semi-automatic shotgun that has any of the following:

(i) a folding or telescoping stock;

(ii) a pistol grip or thumbhole stock;

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

(iv) an ability to accept a detachable magazine.

"Semi-automatic assault weapon" does not include:

(A) any firearm that:

(i) is manually operated by bolt, pump, lever, or slide action;

(ii) is an "unserviceable firearm" or has been made permanently inoperable; or

(iii) is an antique firearm;

(B) any air rifle as defined in Section 24.8-0.1 of this Code.

For the purposes of this Section, a firearm is considered to have the ability to accept a detachable magazine unless the magazine or ammunition feeding device can only be removed through disassembly of the firearm action.

(2) "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 (1) of subsection (a) of this Section.

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

(4) ".50 caliber rifle" means a centerfire rifle capable of firing a .50 caliber cartridge. The term does not include any antique firearm as defined in 18 U.S.C. Section 921 (a)(16), any shotgun including a shotgun that has a rifle barrel, or a muzzle-loader used for "black powder" hunting or battle re-enactments.

(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) "Fore grip" includes any feature of a rifle, shotgun, or pistol capable of functioning as a protruding grip that can be held by the non-trigger hand.

(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 98th 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 98th 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, a semi-automatic assault weapon, an assault weapon attachment, any .50 caliber rifle, or .50 caliber cartridge.

(d) Except as otherwise provided in subsections (e), (f), and (h) of this Section, 270 days after the effective date of this amendatory Act of the 98th General Assembly, it is unlawful for any person within this State to knowingly possess a semi-automatic assault weapon, an assault weapon attachment, any .50 caliber rifle, or .50 caliber cartridge.

(e) This Section does not apply to a person who possessed a weapon or attachment prohibited by subsection (d) of this Section before the effective date of this amendatory Act of the 98th General Assembly, provided that 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, his or her name, date of birth, Firearm Owners Identification Card Number, the weapon's or attachment's make, model, caliber, and serial number, and proof of a locking mechanism that properly fits the weapon, on or after 180 days after the effective date of this amendatory Act of the 98th General Assembly but within 270 days after the effective date of this amendatory Act of the 98th General Assembly. The affidavit shall include a statement that the weapon or attachment is owned by the person submitting the affidavit and that he or she owns the proper locking mechanism for the weapon. Each 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 270 days after the effective date of this amendatory Act of the 98th General Assembly, the person may transfer the weapon or attachment only to an heir, an individual residing in another state maintaining that weapon 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 or attachment, 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 or attachment is transferred shall, within 60 days of the transfer, complete an affidavit and pay the required registration fee as set forth in this Section. A person to whom the weapon or attachment is transferred may transfer the weapon or attachment 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 a weapon or attachment prohibited by subsection (d) of this Section, if the weapon or attachment was lawfully possessed and acquired by the peace officer prior to retirement and the retired peace officer within 10 days of retirement registers the weapon or attachment with the Department of State Police and pays the required registration fee as provided in this Section. The retired peace officer shall comply with the transfer and notification requirements provided in subsection (e) of this Section.

(g) For the purpose of registration required under subsections (e) and (f) of this Section, the Department of State Police shall charge a registration fee of $25 per person to the owner of a semi-automatic assault weapon and $25 per person to the owner of a .50 caliber rifle. The fees shall be deposited into the LEADS Maintenance Fund.

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

(1) Peace officers as defined in Section 2-13 of this Code.

(2) Acquisition and possession by a local law enforcement agency for the purpose of equipping the agency's peace officers as defined in paragraph (1) of this subsection.

(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 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. For the purposes of this paragraph (8), "firearm" is as defined in Section 1.1 of the Firearm Owners Identification Card Act.

(9) Any non-resident who transports, within 24 hours, a semi-automatic assault 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 semi-automatic assault weapon, an assault weapon attachment, a .50 caliber rifle, or .50 caliber cartridge at events taking place at the World Shooting and Recreational Complex at Sparta, only while engaged in the legal use of this firearm or attachment, or while traveling to or from this location if the item is broken down in a non-functioning state, or is not immediately accessible, or is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container.

(11) Possession of a semi-automatic assault weapon, an assault weapon attachment, a .50 caliber rifle, or .50 caliber cartridge 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 item is broken down in a non-functioning state, or is not immediately accessible, or is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container.

(12) The manufacture, transportation, possession, sale, or rental of blank-firing semi-automatic assault weapons and .50 caliber rifles, or 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 a semi-automatic 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) A person who knowingly delivers, sells, purchases, or possesses or causes to be delivered, sold, purchased, or possessed in violation of this Section a .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 possession or delivery of 2 or more of these weapons at the same time.

(4) A person who knowingly delivers, sells, purchases, or possesses or causes to be delivered, sold, purchased, or possessed in violation of this Section a .50 caliber cartridge commits a Class A misdemeanor.

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

(720 ILCS 5/24-1.10 new)

Sec. 24-1.10. 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. "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) 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 98th General Assembly.

(c) Except as provided in subsection (d) and (e), 60 days after the effective date of this amendatory Act of the 98th General Assembly, it is unlawful for any person within this State to knowingly deliver, sell, purchase, or possess or cause to be delivered, sold, purchased, or possessed, a large capacity ammunition feeding device.

(d) 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 a device prohibited by subsection (c) of this Section, if the device was lawfully possessed and acquired by the peace officer prior to retirement and the retired peace officer within 10 days of retirement, provides in a registration affidavit, under oath or affirmation and in the form and manner prescribed by the Department of State Police, his or her name, date of birth, Firearm Owners Identification Card Number, the device's make, model, and caliber. The affidavit shall include a statement that the device is owned by the person submitting the affidavit. Each 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.". The retired officer may transfer the device only to an heir, an individual residing in another state maintaining that device 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 device, 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 device is transferred shall, within 60 days of the transfer, complete an affidavit as set forth in this subsection. A person to whom the device is transferred may transfer the device only as provided in this subsection.

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

(1) Peace officers as defined in Section 2-13 of this Code.

(2) Acquisition and possession by a local law enforcement agency for the purpose of equipping the agency's peace officers as defined in paragraph (1) of this subsection.

(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 large capacity ammunition feeding devices to persons authorized under subdivisions (1) through (5) of this subsection (d) to possess those devices.

(7) Manufacture, transportation, or sale of large capacity ammunition feeding devices for sale or transfer in another state.

(8) 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.

(9) Any non-resident who transports, within 24 hours, a large capacity ammunition feeding device for any lawful purpose from any place where he or she may lawfully possess and carry that device to any other place where he or she may lawfully possess and carry that device if, during the transportation the device is unattached to a firearm, and the device is not readily accessible nor 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 device shall be contained in a locked container other than the glove compartment or console.

(10) 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 this device, or while traveling to or from this location if the device is broken down in a non-functioning state, or is not immediately accessible, or is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container.

(11) Possession of a large capacity ammunition feeding device 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 device is broken down in a non-functioning state, or is not immediately accessible, or is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container.

(12) The manufacture, transportation, possession, sale, or rental of large capacity ammunition feeding devices for blank-firing semi-automatic assault weapons and .50 caliber rifles, to persons authorized or permitted, or both authorized and permitted to acquire and possess these devices for the purpose of rental for use solely as props for a motion picture, television, or video production or entertainment event.

(f) 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 10 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. Any other violation of this Section is a Class A misdemeanor.

(720 ILCS 5/24-3A)

Sec. 24-3A. Gunrunning.

(a) A person commits gunrunning when he or she transfers 3 or more firearms in violation of any of the paragraphs of Section 24-3 of this Code.

(b) Sentence. A person who commits gunrunning:

(1) is guilty of a Class X 1 felony;

(2) is guilty of a Class X felony for which the sentence shall be a term of imprisonment of not less than 10 8 years and not more than 40 years if the transfer is of not less than 11 firearms and not more than 20 firearms;

(3) is guilty of a Class X felony for which the sentence shall be a term of imprisonment of not less than 15 10 years and not more than 50 years if the transfer is of more than 20 firearms. A person who commits gunrunning by transferring firearms to a person who, at the time of the commission of the offense, is under 18 years of age is guilty of a Class X felony for which the sentence shall be a term of imprisonment of not less than 8 years.

(Source: P.A. 93-906, eff. 8-11-04.)

(720 ILCS 5/24-4.2 new)

Sec. 24-4.2. Report of lost or stolen handguns, semi-automatic assault weapons, assault weapon attachments, .50 caliber rifles, .50 caliber cartridges, or large capacity ammunition feeding device.

(a) A person who possesses a valid Firearm Owner's Identification Card and who possesses or acquires a handgun, semi-automatic assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge and thereafter loses or misplaces the handgun, semi-automatic assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge, or the handgun, semi-automatic assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge is stolen from the person, the person must report the loss or theft to the local law enforcement agency within 72 hours after obtaining knowledge of the loss or theft.

(b) A person who possesses a valid Firearm Owner's Identification Card and who possesses or acquires a large capacity ammunition feeding device under an exception in subsection (d) or (e) of Section 24-1.10 of this Code and thereafter loses or misplaces the device, or the device is stolen from the person, the person must report the loss or theft to the local law enforcement agency within 72 hours after the person should have known of the loss or theft.

(c) For the purposes of this Section:

"Assault weapon attachment" has the meaning ascribed to it in Section 24-1.9 of this Code.

".50 caliber rifle" has the meaning ascribed to it in Section 24-1.9 of this Code.

".50 caliber cartridge" has the meaning ascribed to it in Section 24-1.9 of this Code.

"Handgun" means a firearm designed to be held and fired by the use of a single hand, and includes a combination of parts from which the firearm can be assembled.

"Large capacity ammunition feeding device" has the meaning ascribed to it in Section 24-1.10 of this Code.

"Semi-automatic assault weapon" has the meaning ascribed to it in Section 24-1.9 of this Code.

(d) Sentence. A person who violates this Section is guilty of a Class A misdemeanor for a first violation. A second or subsequent violation of this Section is a Class 4 felony.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

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