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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 2012 is amended by adding | ||||||||||||||||||||||||||
5 | Sections 24-1.9 and 24-1.10 as follows: | ||||||||||||||||||||||||||
6 | (720 ILCS 5/24-1.9 new) | ||||||||||||||||||||||||||
7 | Sec. 24-1.9. Possession, delivery, sale, and purchase of | ||||||||||||||||||||||||||
8 | assault weapons, .50 caliber rifles, and .50 caliber | ||||||||||||||||||||||||||
9 | cartridges. | ||||||||||||||||||||||||||
10 | (a) Definitions. As used in this Section: | ||||||||||||||||||||||||||
11 | (1) "Assault weapon" means: | ||||||||||||||||||||||||||
12 | (A) any rifle which has a belt fed ammunition | ||||||||||||||||||||||||||
13 | system or which has a detachable magazine capable of | ||||||||||||||||||||||||||
14 | holding more than 10 rounds of ammunition; | ||||||||||||||||||||||||||
15 | (B) a semi-automatic rifle that has the ability to | ||||||||||||||||||||||||||
16 | accept a detachable magazine and has any of the | ||||||||||||||||||||||||||
17 | following: | ||||||||||||||||||||||||||
18 | (i) a folding or telescoping stock; or | ||||||||||||||||||||||||||
19 | (ii) a shroud that is attached to, or partially | ||||||||||||||||||||||||||
20 | or completely encircles the barrel, and that | ||||||||||||||||||||||||||
21 | permits the shooter to hold the firearm with the | ||||||||||||||||||||||||||
22 | non-trigger hand without being burned; | ||||||||||||||||||||||||||
23 | (C) a semi-automatic pistol that has the ability to |
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1 | accept a detachable magazine and has any of the | ||||||
2 | following: | ||||||
3 | (i) a folding or telescoping stock; | ||||||
4 | (ii) a shroud that is attached to, or partially | ||||||
5 | or completely encircles the barrel, and that | ||||||
6 | permits the shooter to hold the firearm with the | ||||||
7 | non-trigger hand without being burned; or | ||||||
8 | (iii) a manufactured weight of 50 ounces or | ||||||
9 | more when the pistol is unloaded. | ||||||
10 | (D) a semi-automatic rifle with a fixed magazine | ||||||
11 | that has the capacity to accept more than 10 rounds of | ||||||
12 | ammunition; | ||||||
13 | (E) a semi-automatic shotgun that has: | ||||||
14 | (i) a folding or telescoping stock; and | ||||||
15 | (ii) contains its ammunition in a revolving | ||||||
16 | cylinder; or | ||||||
17 | (iii) a fixed magazine capacity in excess of 5 | ||||||
18 | rounds of ammunition, except as may be authorized | ||||||
19 | under the Wildlife Code and excluding magazine | ||||||
20 | extensions during the snow geese conservation | ||||||
21 | order season; or | ||||||
22 | (iv) an ability to accept a detachable | ||||||
23 | magazine of more than 5 rounds of ammunition. | ||||||
24 | "Assault weapon" does not include: | ||||||
25 | (A) any firearm that: | ||||||
26 | (i) is manually operated by bolt, pump, lever, |
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1 | or slide action; | ||||||
2 | (ii) is an unserviceable firearm or has been | ||||||
3 | made permanently inoperable; | ||||||
4 | (iii) is an antique firearm; | ||||||
5 | (iv) uses rimfire ammunition or cartridges;
or | ||||||
6 | (iv) has been excluded as an assault weapon in | ||||||
7 | a Department of Natural Resources rule. The | ||||||
8 | Department of Natural Resources shall have the | ||||||
9 | authority to adopt rules to further define | ||||||
10 | exclusions of assault weapon types under this | ||||||
11 | Section, provided the make, model, and caliber of | ||||||
12 | the firearm excluded has a viable application to | ||||||
13 | hunting game and conforms to accepted hunting | ||||||
14 | principles of fair chase. | ||||||
15 | (B) any air rifle as defined in Section 24.8-0.1 of | ||||||
16 | this Code. | ||||||
17 | For the purposes of this Section, a firearm is considered | ||||||
18 | to have the ability to accept a detachable magazine unless the | ||||||
19 | magazine or ammunition feeding device can only be removed | ||||||
20 | through disassembly of the firearm action. | ||||||
21 | (2) "Assault weapon attachment" means any device | ||||||
22 | capable of being attached to a firearm that is specifically | ||||||
23 | designed for making or converting a firearm into any of the | ||||||
24 | firearms listed in paragraph (1) of this subsection (a). | ||||||
25 | (3) "Antique firearm" has the meaning ascribed to it in | ||||||
26 | 18 U.S.C. 921 (a)(16). |
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1 | (4) ".50 caliber rifle" means a centerfire rifle | ||||||
2 | capable of firing a .50 caliber cartridge. The term does | ||||||
3 | not include any antique firearm, any shotgun including a | ||||||
4 | shotgun that has a rifle barrel, or any muzzle-loader which | ||||||
5 | uses black powder for hunting or historical re-enactments. | ||||||
6 | (5) ".50 caliber cartridge" means a cartridge in .50 | ||||||
7 | BMG caliber, either by designation or actual measurement, | ||||||
8 | that is capable of being fired from a centerfire rifle. The | ||||||
9 | term ".50 caliber cartridge" does not include any | ||||||
10 | memorabilia or display item that is filled with a permanent | ||||||
11 | inert substance or that is otherwise permanently altered in | ||||||
12 | a manner that prevents ready modification for use as live | ||||||
13 | ammunition or shotgun ammunition with a caliber | ||||||
14 | measurement that is equal to or greater than .50 caliber. | ||||||
15 | (6) "Locking mechanism" means secured by a device or | ||||||
16 | mechanism, other than the firearm safety, designed to | ||||||
17 | render a firearm temporarily inoperable; or a box or | ||||||
18 | container capable of containing the firearm and that can be | ||||||
19 | securely locked. | ||||||
20 | (b) The Department of State Police shall take all steps | ||||||
21 | necessary to carry out the requirements of this Section within | ||||||
22 | 180 days after the effective date of this amendatory Act of the | ||||||
23 | 99th General Assembly. | ||||||
24 | (c) Except as provided in subsections (d), (e), (f), and | ||||||
25 | (h) of this Section, on or after the effective date of this | ||||||
26 | amendatory Act of the 99th General Assembly, it is unlawful for |
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1 | any person within this State to knowingly deliver, sell, or | ||||||
2 | purchase or cause to be delivered, sold, or purchased or cause | ||||||
3 | to be possessed by another, an assault weapon, assault weapon | ||||||
4 | attachment, .50 caliber rifle, or .50 caliber cartridge. | ||||||
5 | (d) Except as otherwise provided in subsections (e), (f), | ||||||
6 | and (h) of this Section, 300 days after the effective date of | ||||||
7 | this amendatory Act of the 99th General Assembly, it is | ||||||
8 | unlawful for any person within this State to knowingly possess | ||||||
9 | an assault weapon, .50 caliber rifle, or .50 caliber cartridge. | ||||||
10 | (e) This Section does not apply to a person who possessed | ||||||
11 | an assault weapon or .50 caliber rifle prohibited by subsection | ||||||
12 | (d) of this Section before the effective date of this | ||||||
13 | amendatory Act of the 99th General Assembly, provided the | ||||||
14 | person has provided in a registration affidavit, under oath or | ||||||
15 | affirmation and in the form and manner prescribed by the | ||||||
16 | Department of State Police on or after 180 days after the | ||||||
17 | effective date of this amendatory Act of the 99th General | ||||||
18 | Assembly but within 300 days after the effective date of this | ||||||
19 | amendatory Act of the 99th General Assembly: | ||||||
20 | (1) his or her name; | ||||||
21 | (2) date of birth; | ||||||
22 | (3) Firearm Owner's Identification Card number; | ||||||
23 | (4) the make, model, caliber, and serial number of the | ||||||
24 | weapon; and | ||||||
25 | (5) proof of a locking mechanism that properly fits the | ||||||
26 | weapon. The affidavit shall include a statement that the |
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1 | weapon is owned by the person submitting the affidavit and | ||||||
2 | that he or she owns a locking mechanism for the weapon. | ||||||
3 | The affidavit form shall include the following statement | ||||||
4 | printed in bold type: "Warning: Entering false information on | ||||||
5 | this form is punishable as perjury under Section 32-2 of the | ||||||
6 | Criminal Code of 2012." | ||||||
7 | Beginning 300 days after the effective date of this | ||||||
8 | amendatory Act of the 99th General Assembly, the person may | ||||||
9 | transfer the assault weapon or .50 caliber rifle only to an | ||||||
10 | heir, an individual residing in another state maintaining it in | ||||||
11 | another state, or a dealer licensed as a federal firearms | ||||||
12 | dealer under Section 923 of the federal Gun Control Act of | ||||||
13 | 1968. Within 10 days after transfer of the weapon except to an | ||||||
14 | heir, the person shall notify the Department of State Police of | ||||||
15 | the name and address of the transferee and comply with the | ||||||
16 | requirements of subsection (b) of Section 3 of the Firearm | ||||||
17 | Owners Identification Card Act. The person to whom the weapon | ||||||
18 | is transferred shall, within 60 days of the transfer, complete | ||||||
19 | an affidavit and pay the required registration fee under this | ||||||
20 | Section. A person to whom the weapon is transferred may | ||||||
21 | transfer it only as provided in this subsection. | ||||||
22 | (f) This Section does not apply to a peace officer who has | ||||||
23 | retired in good standing from a law enforcement agency of this | ||||||
24 | State and who possesses an assault weapon or .50 caliber rifle | ||||||
25 | prohibited by subsection (d) of this Section, if the weapon was | ||||||
26 | lawfully possessed and acquired by the peace officer prior to |
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1 | retirement and the retired peace officer within 30 days of | ||||||
2 | retirement registers the weapon with the Department of State | ||||||
3 | Police and pays the required registration fee under this | ||||||
4 | Section. The retired peace officer shall comply with the | ||||||
5 | transfer and notification requirements in subsection (e) of | ||||||
6 | this Section. | ||||||
7 | (g) For the purpose of registration required under | ||||||
8 | subsections (e) and (f) of this Section, the Department of | ||||||
9 | State Police shall assess a registration fee of $25 per person | ||||||
10 | to the owner of an assault weapon and $25 per person to the | ||||||
11 | owner of a .50 caliber rifle. The fees shall be deposited into | ||||||
12 | the State Police Firearm Services Fund. | ||||||
13 | (h) This Section does not apply to or affect any of the | ||||||
14 | following: | ||||||
15 | (1) Peace officers as defined in Section 2-13 of this | ||||||
16 | Code. | ||||||
17 | (2) Acquisition and possession by a local law | ||||||
18 | enforcement agency for the purpose of equipping the | ||||||
19 | agency's peace officers as defined in paragraph (1) of this | ||||||
20 | subsection. | ||||||
21 | (3) Wardens, superintendents, and keepers of prisons, | ||||||
22 | penitentiaries, jails, and other institutions for the | ||||||
23 | detention of persons accused or convicted of an offense. | ||||||
24 | (4) Members of the Armed Services or Reserve Forces of | ||||||
25 | the United States or the Illinois National Guard, while in | ||||||
26 | the performance of their official duties or while traveling |
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1 | to or from their place of duty. | ||||||
2 | (5) Any company that employs armed security officers in | ||||||
3 | this State at a nuclear energy, storage, weapons, or | ||||||
4 | development site or facility regulated by the federal | ||||||
5 | Nuclear Regulatory Commission and persons employed as an | ||||||
6 | armed security force member at a nuclear energy, storage, | ||||||
7 | weapons, or development site or facility regulated by the | ||||||
8 | federal Nuclear Regulatory Commission who have completed | ||||||
9 | the background screening and training mandated by the rules | ||||||
10 | and regulations of the federal Nuclear Regulatory | ||||||
11 | Commission and while in the performance of their official | ||||||
12 | duties. | ||||||
13 | (6) Manufacture, transportation, or sale of weapons, | ||||||
14 | attachments, or ammunition to persons authorized under | ||||||
15 | subdivisions (1) through (5) of this subsection (h) to | ||||||
16 | possess those items. | ||||||
17 | (7) Manufacture, transportation, or sale of weapons, | ||||||
18 | attachments, or ammunition for sale or transfer in another | ||||||
19 | state. | ||||||
20 | (8) Possession of any firearm if that firearm is | ||||||
21 | sanctioned by the International Olympic Committee and by | ||||||
22 | USA Shooting, the national governing body for | ||||||
23 | international shooting competition in the United States, | ||||||
24 | but only when the firearm is in the actual possession of an | ||||||
25 | Olympic target shooting competitor or target shooting | ||||||
26 | coach for the purpose of storage, transporting to and from |
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1 | Olympic target shooting practice or events if the firearm | ||||||
2 | is broken down in a non-functioning state, is not | ||||||
3 | immediately accessible, or is unloaded and enclosed in a | ||||||
4 | firearm case, carrying box, shipping box, or other similar | ||||||
5 | portable container designed for the safe transportation of | ||||||
6 | firearms, and when the Olympic target shooting competitor | ||||||
7 | or target shooting coach is engaging in those practices or | ||||||
8 | events. For the purposes of this paragraph (8), "firearm" | ||||||
9 | is as defined in Section 1.1 of the Firearm Owners | ||||||
10 | Identification Card Act. | ||||||
11 | (9) Any non-resident who transports, within 24 hours, a | ||||||
12 | weapon for any lawful purpose from any place where he or | ||||||
13 | she may lawfully possess and carry that weapon to any other | ||||||
14 | place where he or she may lawfully possess and carry that | ||||||
15 | weapon if, during the transportation the weapon is | ||||||
16 | unloaded, and neither the weapon nor any ammunition being | ||||||
17 | transported is readily accessible or is directly | ||||||
18 | accessible from the passenger compartment of the | ||||||
19 | transporting vehicle. Provided that, in the case of a | ||||||
20 | vehicle without a compartment separate from the driver's | ||||||
21 | compartment the weapon or ammunition shall be contained in | ||||||
22 | a locked container other than the glove compartment or | ||||||
23 | console. | ||||||
24 | (10) Possession of a weapon at events taking place at | ||||||
25 | the World Shooting and Recreational Complex at Sparta, only | ||||||
26 | while engaged in the legal use of this weapon, or while |
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1 | traveling to or from this location if the weapon is broken | ||||||
2 | down in a non-functioning state, or is not immediately | ||||||
3 | accessible, or is unloaded and enclosed in a firearm case, | ||||||
4 | carrying box, shipping box, or other similar portable | ||||||
5 | container designed for the safe transportation of | ||||||
6 | firearms. | ||||||
7 | (11) Possession of a weapon only for hunting use | ||||||
8 | expressly permitted under the Wildlife Code, or while | ||||||
9 | traveling to or from a location authorized for this hunting | ||||||
10 | use under the Wildlife Code if the weapon is broken down in | ||||||
11 | a non-functioning state, or is not immediately accessible, | ||||||
12 | or is unloaded and enclosed in a firearm case, carrying | ||||||
13 | box, shipping box, or other similar portable container | ||||||
14 | designed for the safe transportation of firearms. | ||||||
15 | (12) The manufacture, transportation, possession, | ||||||
16 | sale, or rental of blank-firing assault weapons and .50 | ||||||
17 | caliber rifles, or the weapon's respective attachments, to | ||||||
18 | persons authorized or permitted, or both authorized and | ||||||
19 | permitted to acquire and possess these weapons or | ||||||
20 | attachments for the purpose of rental for use solely as | ||||||
21 | props for a motion picture, television, or video production | ||||||
22 | or entertainment event. | ||||||
23 | (i) Sentence. | ||||||
24 | (1) A person who knowingly delivers, sells, purchases, | ||||||
25 | or possesses or causes to be delivered, sold, purchased, or | ||||||
26 | possessed an assault weapon in violation of this Section |
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1 | commits a Class 3 felony for a first violation and a Class | ||||||
2 | 2 felony for a second or subsequent violation or for the | ||||||
3 | possession or delivery of 2 or more of these weapons at the | ||||||
4 | same time. | ||||||
5 | (2) A person who knowingly delivers, sells, purchases, | ||||||
6 | or possesses or causes to be delivered, sold, purchased, or | ||||||
7 | possessed in violation of this Section an assault weapon | ||||||
8 | attachment commits a Class 4 felony for a first violation | ||||||
9 | and a Class 3 felony for a second or subsequent violation. | ||||||
10 | (3) A person who knowingly delivers, sells, purchases, | ||||||
11 | or possesses or causes to be delivered, sold, purchased, or | ||||||
12 | possessed in violation of this Section a .50 caliber rifle | ||||||
13 | commits a Class 3 felony for a first violation and a Class | ||||||
14 | 2 felony for a second or subsequent violation or for the | ||||||
15 | possession or delivery of 2 or more of these weapons at the | ||||||
16 | same time. | ||||||
17 | (4) A person who knowingly delivers, sells, purchases, | ||||||
18 | or possesses or causes to be delivered, sold, purchased, or | ||||||
19 | possessed in violation of this Section a .50 caliber | ||||||
20 | cartridge commits a Class A misdemeanor. | ||||||
21 | (5) Any other violation of this Section is a Class A | ||||||
22 | misdemeanor. | ||||||
23 | (720 ILCS 5/24-1.10 new) | ||||||
24 | Sec. 24-1.10. Delivery or sale of large capacity ammunition | ||||||
25 | feeding devices. |
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1 | (a) As used in this Section: | ||||||
2 | "Large capacity ammunition feeding device" means: | ||||||
3 | (1) a magazine, belt, drum, feed strip, or similar | ||||||
4 | device that has a capacity of, or that can be readily | ||||||
5 | restored or converted to accept, more than 10 rounds of | ||||||
6 | ammunition; or | ||||||
7 | (2) any combination of parts from which a device | ||||||
8 | described in paragraph (1) can be assembled. | ||||||
9 | "Large capacity ammunition feeding device" does not | ||||||
10 | include an attached tubular device designed to accept, and | ||||||
11 | capable of operating only with, .22 caliber rimfire ammunition. | ||||||
12 | "Large capacity ammunition feeding device" does not include a | ||||||
13 | tubular magazine
that is contained in a lever-action firearm or | ||||||
14 | any device that has been made permanently inoperable. | ||||||
15 | (b) Except as provided in subsection (c), it is unlawful | ||||||
16 | for any person within this State to knowingly deliver, sell, | ||||||
17 | purchase, or possess or cause to be delivered, sold, or | ||||||
18 | purchased a large capacity ammunition feeding device. | ||||||
19 | (c) This Section does not apply to or affect any of the | ||||||
20 | following: | ||||||
21 | (1) Peace officers as defined in Section 2-13 of this | ||||||
22 | Code. | ||||||
23 | (2) A local law enforcement agency for the purpose of | ||||||
24 | equipping the agency's peace officers as defined in | ||||||
25 | paragraph (1) of this subsection. | ||||||
26 | (3) Wardens, superintendents, and keepers of prisons, |
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1 | penitentiaries, jails, and other institutions for the | ||||||
2 | detention of persons accused or convicted of an offense. | ||||||
3 | (4) Members of the Armed Services or Reserve Forces of | ||||||
4 | the United States or the Illinois National Guard, for the | ||||||
5 | performance of their official duties. | ||||||
6 | (5) Any company that employs armed security officers in | ||||||
7 | this State at a nuclear energy, storage, weapons, or | ||||||
8 | development site or facility regulated by the federal | ||||||
9 | Nuclear Regulatory Commission and persons employed as an | ||||||
10 | armed security force member at a nuclear energy, storage, | ||||||
11 | weapons, or development site or facility regulated by the | ||||||
12 | federal Nuclear Regulatory Commission who have completed | ||||||
13 | the background screening and training mandated by the rules | ||||||
14 | and regulations of the federal Nuclear Regulatory | ||||||
15 | Commission for the performance of their official duties. | ||||||
16 | (6) Sale of large capacity ammunition feeding devices | ||||||
17 | to persons authorized under subdivisions (1) through (5) of | ||||||
18 | this subsection (c) to possess those devices. | ||||||
19 | (7) Sale of large capacity ammunition feeding devices | ||||||
20 | for sale or transfer in another state. | ||||||
21 | (8) Sale or rental of large capacity ammunition feeding | ||||||
22 | devices for blank-firing assault weapons and .50 caliber | ||||||
23 | rifles, to persons authorized or permitted, or both | ||||||
24 | authorized and permitted to acquire these devices for the | ||||||
25 | purpose of rental for use solely as props for a motion | ||||||
26 | picture, television, or video production or entertainment |
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1 | event. | ||||||
2 | (d) Sentence. A person who knowingly delivers, sells, | ||||||
3 | purchases, or causes to be delivered, sold, or purchased in | ||||||
4 | violation of this Section a large capacity ammunition feeding | ||||||
5 | device capable of holding more than 15 rounds of ammunition | ||||||
6 | commits a Class 3 felony for a first violation and a Class 2 | ||||||
7 | felony for a second or subsequent violation or for delivery or | ||||||
8 | possession of 2 or more of these devices at the same time. Any | ||||||
9 | other violation of this Section is a Class A misdemeanor.
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10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.
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