99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB0349

 

Introduced , by Rep. David Reis

 

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

    Amends the Criminal Code of 2012. Provides that a public officer or public employee or dealer selling any firearm in the State may not enforce or attempt to enforce any act, law, statute, rule, or regulation of the United States government relating to a personal firearm, firearm accessory, or ammunition that is owned or manufactured commercially or privately in Illinois and that remains exclusively within the borders of Illinois. Provides that any official, agent, or employee of the United States government who enforces or attempts to enforce any act, order, law, statute, rule, or regulation of the United States government upon a personal firearm, a firearm accessory, or ammunition that is owned or manufactured commercially or privately in Illinois and that remains exclusively within the borders of Illinois is guilty of a Class 4 felony for which the sentence shall be a term of imprisonment for not less than one year or more than 3 years, a fine of not more than $5,000, or both. Provides that any federal law, rule, regulation, or order created or effective on or after January 1, 2016 shall be unenforceable within the borders of Illinois 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.


LRB099 02657 RLC 22664 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0349LRB099 02657 RLC 22664 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. Personal firearms; United States laws and
8regulations; unenforceability.
9    (a) A public officer or public employee or dealer selling
10any firearm in this State may not enforce or attempt to enforce
11any act, law, statute, rule, or regulation of the United States
12government relating to a personal firearm, firearm accessory,
13or ammunition that is owned or manufactured commercially or
14privately in Illinois and that remains exclusively within the
15borders of Illinois.
16    (b) Any official, agent, or employee of the United States
17government who enforces or attempts to enforce any act, order,
18law, statute, rule, or regulation of the United States
19government upon a personal firearm, a firearm accessory, or
20ammunition that is owned or manufactured commercially or
21privately in Illinois and that remains exclusively within the
22borders of Illinois is guilty of a Class 4 felony for which the
23sentence shall be a term of imprisonment for not less than one

 

 

HB0349- 2 -LRB099 02657 RLC 22664 b

1year or more than 3 years, a fine of not more than $5,000, or
2both.
3    (c) The Attorney General may defend a citizen of Illinois
4who is prosecuted by the United States government for violation
5of a federal law relating to the manufacture, sale, transfer,
6or possession of a firearm, a firearm accessory, or ammunition
7owned or manufactured and retained exclusively within the
8borders of Illinois.
9    (d) Any federal law, rule, regulation, or order created or
10effective on or after January 1, 2016 shall be unenforceable
11within the borders of Illinois if the law, rule, regulation, or
12order attempts to:
13        (1) ban or restrict ownership of a semi-automatic
14    firearm or any magazine of a firearm; or
15        (2) require any firearm, magazine, or other firearm
16    accessory to be registered in any manner.
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.