Illinois General Assembly - Full Text of SB2899
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Full Text of SB2899  97th General Assembly

SB2899ham001 97TH GENERAL ASSEMBLY

Rep. Edward J. Acevedo

Filed: 1/4/2013

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2899

2    AMENDMENT NO. ______. Amend Senate Bill 2899 by replacing
3everything after the enacting clause with the following:
 
4    "Section 2. The State Police Act is amended by adding
5Section 24 as follows:
 
6    (20 ILCS 2610/24 new)
7    Sec. 24. Assault weapons and large ammunition feeding
8device registration eligibility verification system vendor
9contract.
10    (a) For the purposes of this Section, "Department" means
11the Department of State Police.
12    (b) Because of the urgent need to protect the public safety
13from firearm violence, the Department shall enter into a
14contract or contracts with one or more third-party entities to
15provide the services as set forth in subsection (c) of this
16Section. Any of these procurements by the Department to perform

 

 

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1functions related to this Section shall be deemed to be
2emergency procurements necessary to prevent or minimize
3serious disruption in critical State services that affect
4public safety. The procurement of this contract or contracts
5shall be conducted in accordance with the emergency purchase
6provisions prescribed in Section 20-30 of the Illinois
7Procurement Code. However, the term of these emergency
8contracts shall not be limited to 90 days but may be for an
9initial term of up to 2 years. In addition, any emergency
10contracts may be subject to 2 one-year renewals. In procuring
11any emergency contract or contracts, (i) the State Procurement
12Officer at the request of the Agency Procurement Officer for
13the Department shall cause to be posted to the Illinois
14Procurement Bulletin the Department's intent to procure, a
15description of the anticipated contract objectives, and the
16duties and responsibilities of any third-party entity; (ii) the
17Department may invite an interested third-party entity or
18entities to one or more meetings to discuss the procurement,
19the contents thereof, and the scope of the procurement, and to
20answer questions; (iii) the interested third-party entity or
21entities shall be invited to submit their solutions in writing;
22(iv) the Department shall select the third-party entity or
23entities whose solutions best fit the Department's needs and
24shall enter into negotiations with one or more to settle on
25final duties and responsibilities and the price for the final
26contract or contracts; and (v) the Department may cause any

 

 

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1award to be posted to the Illinois Procurement Bulletin. The
2provisions prescribed in paragraph (1) of subsection (e) of
3Section 50-10.5 of the Illinois Procurement Code and prescribed
4in Section 50-39 of the Illinois Procurement Code do not apply
5to any emergency purchases procured under this Section or under
6Section 20-30 of the Illinois Procurement Code. Participation
7by any third-party entity in the procurement activities
8authorized under this Section shall not constitute
9pre-solicitation assistance under paragraph (2) of subsection
10(e) of Section 50-10.5 of the Illinois Procurement Code or
11under the Illinois Administrative Code. Notwithstanding any
12other provision of the Illinois Procurement Code to the
13contrary, any amendments to any contract or contracts that the
14Department determines are necessary to implement this Section
15shall be deemed to be within the scope of the emergency
16purchases allowed under this Section and under Section 20-30 of
17the Illinois Procurement Code, and shall not be deemed a
18material amendment for which a new procurement is required.
19    (c) No later than 60 days after the effective date of this
20amendatory Act of the 97th General Assembly, the Agency
21Procurement Officer for the Department shall conduct and
22complete any procurement necessary to procure a vendor to
23create, implement, and administer a registration eligibility
24verification system for semi-automatic assault weapons,
25assault weapon attachments, .50 caliber rifles, .50 caliber
26cartridges, and large capacity ammunition feeding devices as

 

 

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1provided in Sections 24-1.9 and 24-1.10 of the Criminal Code of
22012 and as required by the Department. The registration
3eligibility verification system must ensure the firearms and
4devices are registered to persons with valid Firearm Owner's
5Identification cards whom may lawfully possess the weapons or
6devices. Notwithstanding any other provision of the Illinois
7Procurement Code to the contrary:
8        (1) The procurement may include procurement of a vendor
9    to assist the Agency Procurement Officer in conducting the
10    procurement.
11        (2) The Chief Procurement Officer for General Services
12    shall cooperate with and provide any assistance necessary
13    and requested by the Department's Agency Procurement
14    Officer to conduct the procurement.
15        (3) The Agency Procurement Officer for the Department
16    shall negotiate final contract terms with a vendor selected
17    by the Department and within 30 days of selection of an
18    registration eligibility verification vendor, the
19    Department shall enter into a contract with the selected
20    vendor.
21    (d) The Department of State Police shall adopt any rules
22necessary to implement this Section.
 
23    Section 5. The Criminal Code of 2012 is amended by adding
24Sections 24-1.9, 24-1.10, and 24-4.1 as follows:
 

 

 

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1    (720 ILCS 5/24-1.9 new)
2    Sec. 24-1.9. Possession, delivery, sale, and purchase of
3semi-automatic assault weapons, assault weapon attachments,
4.50 caliber rifles, and .50 caliber cartridges.
5    (a) Definitions. In this Section:
6        (1) "Semi-automatic assault weapon" means:
7            (A) any of the firearms or types, replicas, or
8        duplicates in any caliber of the firearms, known as:
9                (i) Norinco, Mitchell, and Poly Technologies
10            Avtomat Kalashnikovs (all models);
11                (ii) Action Arms Israeli Military Industries
12            UZI and Galil;
13                (iii) Beretta AR-70 (SC-70);
14                (iv) Colt AR-15;
15                (v) Fabrique Nationale FN/FAL, FN/LAR, and
16            FNC;
17                (vi) SWD M-10, M-11, M-11/9, and M-12;
18                (vii) Steyr AUG;
19                (viii) INTRATEC TEC-9, TEC-DC9, and TEC-22;
20            and
21                (ix) any shotgun which contains its ammunition
22            in a revolving cylinder, such as (but not limited
23            to) the Street Sweeper and Striker 12;
24            (B) a semi-automatic rifle or pump-action rifle
25        that has an ability to accept a detachable magazine and
26        has any of the following:

 

 

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1                (i) a folding or telescoping stock;
2                (ii) a pistol grip or thumbhole stock;
3                (iii) a shroud that is attached to, or
4            partially or completely encircles the barrel, and
5            that permits the shooter to hold the firearm with
6            the non-trigger hand without being burned;
7            (C) a semi-automatic pistol that has an ability to
8        accept a detachable magazine and has any of the
9        following:
10                (i) a folding, telescoping, or thumbhole
11            stock;
12                (ii) a shroud that is attached to, or partially
13            or completely encircles the barrel, and that
14            permits the shooter to hold the firearm with the
15            non-trigger hand without being burned;
16                (iii) an ammunition magazine that attaches to
17            the pistol outside of the pistol grip;
18                (iv) a manufactured weight of 50 ounces or more
19            when the pistol is unloaded; or
20                (v) a semi-automatic version of an automatic
21            firearm;
22            (C-1) a semi-automatic rifle or pistol with a fixed
23        magazine that has the capacity to accept more than 10
24        rounds of ammunition;
25            (C-2) a semi-automatic rifle or a pistol with the
26        capacity to accept a detachable magazine, a muzzle

 

 

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1        brake, or muzzle compensator;
2            (D) a semi-automatic shotgun that has any of the
3        following:
4                (i) a folding or telescoping stock;
5                (ii) a pistol grip or thumbhole stock;
6                (iii) a fixed magazine capacity in excess of 5
7            rounds; or
8                (iv) an ability to accept a detachable
9            magazine.
10                "Semi-automatic assault weapon" does not
11            include:
12            (A) any firearm that:
13                (i) is manually operated by bolt, pump, lever,
14            or slide action;
15                (ii) is an "unserviceable firearm" or has been
16            made permanently inoperable; or
17                (iii) is an antique firearm;
18            (B) any air rifle as defined in Section 24.8-0.1 of
19        this Code.
20    For the purposes of this Section, a firearm is considered
21to have the ability to accept a detachable magazine unless the
22magazine or ammunition feeding device can only be removed
23through disassembly of the firearm action.
24        (2) "Assault weapon attachment" means any device
25    capable of being attached to a firearm that is specifically
26    designed for making or converting a firearm into any of the

 

 

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1    firearms listed in paragraph (1) of subsection (a) of this
2    Section.
3        (3) "Antique firearm" has the meaning ascribed to it in
4    18 U.S.C. Section 921 (a)(16).
5        (4) ".50 caliber rifle" means a centerfire rifle
6    capable of firing a .50 caliber cartridge. The term does
7    not include any antique firearm as defined in 18 U.S.C.
8    Section 921 (a)(16), any shotgun including a shotgun that
9    has a rifle barrel, or a muzzle-loader used for "black
10    powder" hunting or battle re-enactments.
11        (5) ".50 caliber cartridge" means a cartridge in .50
12    BMG caliber, either by designation or actual measurement,
13    that is capable of being fired from a centerfire rifle. The
14    term ".50 caliber cartridge" does not include any
15    memorabilia or display item that is filled with a permanent
16    inert substance or that is otherwise permanently altered in
17    a manner that prevents ready modification for use as live
18    ammunition or shotgun ammunition with a caliber
19    measurement that is equal to or greater than .50 caliber.
20        (6) "Pistol grip" includes any feature of a rifle,
21    shotgun, or pistol capable of functioning as a protruding
22    grip that can be held by the non-trigger hand.
23    (a-5) The Department of State Police shall take all steps
24necessary to carry out the requirements of this Section within
25150 days after the effective date of this amendatory Act of the
2697th General Assembly.

 

 

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1    (b) Except as provided in subsections (c), (c-2), and (d),
2on or after the effective date of this amendatory Act of the
397th General Assembly, it is unlawful for any person within
4this State to knowingly deliver, sell, or purchase or cause to
5be delivered, sold, or purchased or cause to be possessed by
6another, a semi-automatic assault weapon, an assault weapon
7attachment, any .50 caliber rifle, or .50 caliber cartridge.
8    (b-5) Except as otherwise provided in subsections (c),
9(c-2), and (d), 240 days after the effective date of this
10amendatory Act of the 97th General Assembly, it is unlawful for
11any person within this State to knowingly possess a
12semi-automatic assault weapon, an assault weapon attachment,
13any .50 caliber rifle, or .50 caliber cartridge.
14    (c) This Section does not apply to a person who possessed a
15weapon or attachment prohibited by subsection (b-5) before the
16effective date of this amendatory Act of the 97th General
17Assembly, provided that the person has provided in an
18affidavit, under oath or affirmation and in the form and manner
19prescribed by the Department of State Police, his or her name,
20date of birth, Firearm Owners Identification Card Number, and
21the weapon's or attachment's make, model, caliber, and serial
22number, on or after 150 days after the effective date of this
23amendatory Act of the 97th General Assembly but within 240 days
24after the effective date of this amendatory Act of the 97th
25General Assembly. The affidavit shall include a statement that
26the weapon or attachment is owned by the person submitting the

 

 

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1affidavit. Each affidavit form shall include the following
2statement printed in bold type: "Warning: Entering false
3information on this form is punishable as perjury under Section
432-2 of the Criminal Code of 2012.". Beginning 240 days after
5the effective date of this amendatory Act of the 97th General
6Assembly, the person may transfer the weapon or attachment only
7to an heir, an individual residing in another state maintaining
8that weapon in another state, or a dealer licensed as a federal
9firearms dealer under Section 923 of the federal Gun Control
10Act of 1968. Within 10 days after transfer of the weapon or
11attachment, the person shall notify the Department of State
12Police of the name and address of the transferee and comply
13with the requirements of subsection (b) of Section 3 of the
14Firearm Owners Identification Card Act. The person to whom the
15weapon or attachment is transferred shall, within 60 days of
16the transfer, complete an affidavit and pay the required
17registration fee as set forth in this Section. A person to whom
18the weapon or attachment is transferred may transfer the weapon
19or attachment only as provided in this subsection.
20    (c-2) This Section does not apply to a peace officer who
21has retired in good standing from a law enforcement agency of
22this State and who possesses a weapon or attachment prohibited
23by subsection (b-5), if the weapon or attachment was lawfully
24possessed and acquired by the peace officer prior to retirement
25and the retired peace officer within 10 days of retirement
26registers the weapon or attachment with the Department of State

 

 

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1Police and pays the required registration fee as provided in
2this Section. The retired peace officer shall comply with the
3transfer and notification requirements provided in subsection
4(c).
5    (c-5) For the purpose of registration required under
6subsections (c) and (c-2), the Department of State Police shall
7charge a registration fee of $10 per person to the owner of a
8semi-automatic assault weapon and $15 per person to the owner
9of a .50 caliber rifle. The fees shall be deposited into the
10LEADS Maintenance Fund.
11    (d) This Section does not apply to or affect any of the
12following:
13        (1) Peace officers as defined in Section 2-13 of this
14    Code.
15        (2) Wardens, superintendents, and keepers of prisons,
16    penitentiaries, jails, and other institutions for the
17    detention of persons accused or convicted of an offense.
18        (3) Members of the Armed Services or Reserve Forces of
19    the United States or the Illinois National Guard, while in
20    the performance of their official duties or while traveling
21    to or from their place of duty.
22        (4) Manufacture, transportation, or sale of weapons,
23    attachments, or ammunition to persons authorized under
24    subdivisions (1) through (3) of this subsection to possess
25    those items.
26        (5) Manufacture, transportation, or sale of weapons,

 

 

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1    attachments, or ammunition for sale or transfer in another
2    state.
3        (6) Possession of any firearm if that firearm is
4    sanctioned by the International Olympic Committee and by
5    USA Shooting, the national governing body for
6    international shooting competition in the United States,
7    but only when the firearm is in the actual possession of an
8    Olympic target shooting competitor or target shooting
9    coach for the purpose of storage, transporting to and from
10    Olympic target shooting practice or events if the firearm
11    is broken down in a non-functioning state, is not
12    immediately accessible, or is unloaded and enclosed in a
13    case, firearm carrying box, shipping box, or other
14    container, and when the Olympic target shooting competitor
15    or target shooting coach is engaging in those practices or
16    events. For the purposes of this paragraph (6), "firearm"
17    is defined in Section 1.1 of the Firearm Owners
18    Identification Card Act.
19        (7) Any non-resident who transports, within 24 hours, a
20    semi-automatic assault weapon for any lawful purpose from
21    any place where he or she may lawfully possess and carry
22    that weapon to any other place where he or she may lawfully
23    possess and carry that weapon if, during the transportation
24    the weapon is unloaded, and neither the weapon nor any
25    ammunition being transported is readily accessible or is
26    directly accessible from the passenger compartment of the

 

 

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1    transporting vehicle. Provided that, in the case of a
2    vehicle without a compartment separate from the driver's
3    compartment the weapon or ammunition shall be contained in
4    a locked container other than the glove compartment or
5    console.
6    (e) Sentence.
7        (1) A person who knowingly delivers, sells, purchases,
8    or possesses or causes to be delivered, sold, purchased, or
9    possessed a semi-automatic assault weapon in violation of
10    this Section commits a Class 3 felony for a first violation
11    and a Class 2 felony for a second or subsequent violation
12    or for the possession or delivery of 2 or more of these
13    weapons at the same time.
14        (2) A person who knowingly delivers, sells, purchases,
15    or possesses or causes to be delivered, sold, purchased, or
16    possessed in violation of this Section an assault weapon
17    attachment commits a Class 4 felony for a first violation
18    and a Class 3 felony for a second or subsequent violation.
19        (3) A person who knowingly delivers, sells, purchases,
20    or possesses or causes to be delivered, sold, purchased, or
21    possessed in violation of this Section a .50 caliber rifle
22    commits a Class 3 felony for a first violation and a Class
23    2 felony for a second or subsequent violation or for the
24    possession or delivery of 2 or more of these weapons at the
25    same time.
26        (4) A person who knowingly delivers, sells, purchases,

 

 

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1    or possesses or causes to be delivered, sold, purchased, or
2    possessed in violation of this Section a .50 caliber
3    cartridge commits a Class A misdemeanor.
4        (5) Any other violation of this Section is a Class A
5    misdemeanor.
 
6    (720 ILCS 5/24-1.10 new)
7    Sec. 24-1.10. Possession, delivery, sale, and purchase of
8large capacity ammunition feeding devices.
9    (a) As used in this Section:
10    "Large capacity ammunition feeding device" means:
11        (1) a magazine, belt, drum, feed strip, or similar
12    device that has a capacity of, or that can be readily
13    restored or converted to accept, more than 10 rounds of
14    ammunition; or
15        (2) any combination of parts from which a device
16    described in paragraph (1) can be assembled.
17    "Large capacity ammunition feeding device" does not
18include an attached tubular device designed to accept, and
19capable of operating only with, .22 caliber rimfire ammunition.
20"Large capacity ammunition feeding device" does not include a
21tubular magazine that is contained in a lever-action firearm or
22any device that has been made permanently inoperable.
23    (a-5) The Department of State Police shall take all steps
24necessary to carry out the requirements of this Section within
25150 days after the effective date of this amendatory Act of the

 

 

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197th General Assembly.
2    (b) Except as provided in subsections (c), (c-2), and (d),
3on or after the effective date of this amendatory Act of the
497th General Assembly, it is unlawful for any person within
5this State to knowingly deliver, sell, or purchase or cause to
6be delivered, sold, or purchased or cause to be possessed by
7another, a large capacity ammunition feeding device.
8    (b-5) Except as otherwise provided in subsections (c),
9(c-2), and (d), 240 days after the effective date of this
10amendatory Act of the 97th General Assembly, it is unlawful for
11any person within this State to knowingly possess a large
12capacity ammunition feeding device.
13    (c) This Section does not apply to a person who possessed a
14device prohibited by subsection (b-5) before the effective date
15of this amendatory Act of the 97th General Assembly, provided
16that the person has provided in an affidavit, under oath or
17affirmation and in the form and manner prescribed by the
18Department of State Police, his or her name, date of birth,
19Firearm Owners Identification Card Number, and the device's
20make, model, caliber, and serial number, on or after 150 days
21after the effective date of this amendatory Act of the 97th
22General Assembly but within 240 days after the effective date
23of this amendatory Act of the 97th General Assembly. The
24affidavit shall include a statement that the device is owned by
25the person submitting the affidavit. Each affidavit form shall
26include the following statement printed in bold type: "Warning:

 

 

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1Entering false information on this form is punishable as
2perjury under Section 32-2 of the Criminal Code of 2012.".
3Beginning 240 days after the effective date of this amendatory
4Act of the 97th General Assembly, the person may transfer the
5device only to an heir, an individual residing in another state
6maintaining that device in another state, or a dealer licensed
7as a federal firearms dealer under Section 923 of the federal
8Gun Control Act of 1968. Within 10 days after transfer of the
9device, the person shall notify the Department of State Police
10of the name and address of the transferee and comply with the
11requirements of subsection (b) of Section 3 of the Firearm
12Owners Identification Card Act. The person to whom the device
13is transferred shall, within 60 days of the transfer, complete
14an affidavit and pay the required registration fee as set forth
15in this Section. A person to whom the device is transferred may
16transfer the device only as provided in this subsection.
17    (c-2) This Section does not apply to a peace officer who
18has retired in good standing from a law enforcement agency of
19this State and who possesses a device prohibited by subsection
20(b-5), if the device was lawfully possessed and acquired by the
21peace officer prior to retirement and the retired peace officer
22within 10 days of retirement registers the device with the
23Department of State Police and pays the required registration
24fee as provided in this Section. The retired peace officer
25shall comply with the transfer and notification requirements
26provided in subsection (c).

 

 

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1    (c-5) For the purpose of registration required under
2subsections (c) and (c-2), the Department of State Police shall
3charge a registration fee of $5 for each large capacity
4ammunition feeding device. The fees shall be deposited into the
5LEADS Maintenance Fund.
6    (d) This Section does not apply to or affect any of the
7following:
8        (1) Peace officers as defined in Section 2-13 of this
9    Code.
10        (2) Wardens, superintendents, and keepers of prisons,
11    penitentiaries, jails, and other institutions for the
12    detention of persons accused or convicted of an offense.
13        (3) Members of the Armed Services or Reserve Forces of
14    the United States or the Illinois National Guard, while in
15    the performance of their official duties or while traveling
16    to or from their place of duty.
17        (4) Manufacture, transportation, or sale of large
18    capacity ammunition feeding devices to persons authorized
19    under subdivisions (1) through (3) of this subsection to
20    possess those items.
21        (5) Manufacture, transportation, or sale of large
22    capacity ammunition feeding devices for sale or transfer in
23    another state.
24        (6) Possession of any large capacity ammunition
25    feeding device if that large capacity ammunition feeding
26    device is sanctioned by the International Olympic

 

 

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1    Committee and by USA Shooting, the national governing body
2    for international shooting competition in the United
3    States, but only when the large capacity ammunition feeding
4    device is in the actual possession of an Olympic target
5    shooting competitor or target shooting coach for the
6    purpose of storage, transporting to and from Olympic target
7    shooting practice or events if the device is broken down in
8    a non-functioning state, is not immediately accessible, or
9    is unloaded and enclosed in a case, firearm carrying box,
10    shipping box, or other container, and when the Olympic
11    target shooting competitor or target shooting coach is
12    engaging in those practices or events.
13        (7) Any non-resident who transports, within 24 hours, a
14    large capacity ammunition feeding device for any lawful
15    purpose from any place where he or she may lawfully possess
16    and carry that device to any other place where he or she
17    may lawfully possess and carry that device if, during the
18    transportation the device is unattached to a firearm, and
19    the device is not readily accessible nor is directly
20    accessible from the passenger compartment of the
21    transporting vehicle. Provided that, in the case of a
22    vehicle without a compartment separate from the driver's
23    compartment the device shall be contained in a locked
24    container other than the glove compartment or console.
25    (e) Sentence. A person who knowingly delivers, sells,
26purchases, or possesses or causes to be delivered, sold,

 

 

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1purchased, or possessed in violation of this Section a large
2capacity ammunition feeding device capable of holding more than
310 rounds of ammunition commits a Class 3 felony for a first
4violation and a Class 2 felony for a second or subsequent
5violation or for possession or delivery of 2 or more of these
6devices at the same time. Any other violation of this Section
7is a Class A misdemeanor.
 
8    (720 ILCS 5/24-4.1 new)
9    Sec. 24-4.1. Report of lost or stolen semi-automatic
10assault weapons, assault weapon attachments, .50 caliber
11rifles, .50 caliber cartridges, and large capacity ammunition
12feeding devices.
13    (a) A person who possesses a valid Firearm Owner's
14Identification Card and who possesses or acquires a
15semi-automatic assault weapon, assault weapon attachment, .50
16caliber rifle, .50 caliber cartridge, or large capacity
17ammunition feeding device and thereafter loses or misplaces the
18semi-automatic assault weapon, assault weapon attachment, .50
19caliber rifle, .50 caliber cartridge, or large capacity
20ammunition feeding device, or the semi-automatic assault
21weapon, assault weapon attachment, .50 caliber rifle, .50
22caliber cartridge, or large capacity ammunition feeding device
23is stolen from the person, the person must report the loss or
24theft to the local law enforcement agency within 72 hours after
25obtaining knowledge of the loss or theft.

 

 

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1    (b) For the purposes of this Section:
2        "Assault weapon attachment" has the meaning ascribed
3    to it in Section 24-1.9 of this Code.
4        ".50 caliber rifle" has the meaning ascribed to it in
5    Section 24-1.9 of this Code.
6        ".50 caliber cartridge" has the meaning ascribed to it
7    in Section 24-1.9 of this Code.
8        "Large capacity ammunition feeding device" has the
9    meaning ascribed to it in Section 24-1.10 of this Code.
10        "Semi-automatic assault weapon" has the meaning
11    ascribed to it in Section 24-1.9 of this Code.
12    (c) Sentence. A person who violates this Section is guilty
13of a petty offense for a first violation. A second or
14subsequent violation of this Section is a Class A misdemeanor.
 
15    Section 97. Severability. The provisions of this Act are
16severable under Section 1.31 of the Statute on Statutes.
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.".