Full Text of HB1156 98th General Assembly
HB1156ham003 98TH GENERAL ASSEMBLY | Rep. Elgie R. Sims, Jr. Filed: 3/4/2013
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| 1 | | AMENDMENT TO HOUSE BILL 1156
| 2 | | AMENDMENT NO. ______. Amend House Bill 1156, AS AMENDED, by | 3 | | inserting the following in its proper numeric sequence:
| 4 | | "Section 10. Possession, delivery, receipt, transfer, | 5 | | sale, and purchase of
semi-automatic assault weapons.
| 6 | | (a) As used in this Section: | 7 | | "Semi-automatic assault weapon" means any of the | 8 | | firearms or types, replicas, or duplicates in any caliber | 9 | | of firearm, or any similar model of the following firearms: | 10 | | (1) Bushmaster Assault Rifle; | 11 | | (2) Fabrique National FN/FAL, FN/LAR, and FNC; | 12 | | (3) a semi-automatic pistol that has the ability to
| 13 | | accept a detachable magazine and has any of the
| 14 | | following: | 15 | | (A) a folding, telescoping, or thumbhole | 16 | | stock; | 17 | | (B) a shroud that is attached to, or partially
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| 1 | | or completely encircles the barrel, and that
| 2 | | permits the shooter to hold the firearm with the
| 3 | | non-trigger hand without being burned; or
| 4 | | (C) a manufactured weight of 50 ounces or more | 5 | | when the pistol is unloaded. | 6 | | "Semi-automatic assault weapon" does not include: | 7 | | (I) any firearm that: | 8 | | (i) is manually operated by bolt, pump, lever, | 9 | | or slide action; | 10 | | (ii) is an unserviceable firearm or has been | 11 | | made permanently inoperable; | 12 | | (iii) is an antique firearm; | 13 | | (iv) uses rimfire ammunition or cartridges;
or | 14 | | (v) has been excluded as an assault weapon in a | 15 | | Department of Natural Resources rule. The | 16 | | Department of Natural Resources shall have the | 17 | | authority to adopt rules to further define | 18 | | exclusions of assault weapon types under this | 19 | | Section, provided the make, model, and caliber of | 20 | | the firearm excluded has a viable application to | 21 | | hunting game and conforms to accepted hunting | 22 | | principles of fair chase. | 23 | | (II) any air rifle as defined in Section 24.8-0.1 | 24 | | of the Criminal Code of 2012. | 25 | | (b) Beginning on the effective date of this Act, it is | 26 | | unlawful for any person within this State to knowingly deliver, |
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| 1 | | transfer, sell, receive, or purchase a semi-automatic assault | 2 | | weapon or an attachment for that weapon. | 3 | | (c) Beginning
300 days after the effective date of this | 4 | | Act, it is unlawful for any person within this State to | 5 | | knowingly possess a semi-automatic assault weapon or an | 6 | | attachment for that weapon. | 7 | | (d) Sentence. A person who knowingly delivers, transfers, | 8 | | sells,
receives, or purchases in
violation of this Section a | 9 | | weapon, attachment, or device commits a Class 2 felony for a | 10 | | first violation and a Class 1
felony for a second or subsequent | 11 | | violation. A person who
knowingly possesses in
violation of | 12 | | this Section a weapon, attachment, or device commits a Class 3 | 13 | | felony for a first violation and a Class 2
felony for a second | 14 | | or subsequent violation.
| 15 | | Section 12. Exemptions. | 16 | | (a) Section 10 does not apply to or affect any of the | 17 | | following: | 18 | | (1) Peace officers as defined in Section 2-13 of the | 19 | | Criminal Code of 2012. | 20 | | (2) Acquisition and possession by a local law | 21 | | enforcement agency for the purpose of equipping the | 22 | | agency's peace officers as defined in paragraph (1) of this | 23 | | subsection. | 24 | | (3) Wardens, superintendents, and keepers of prisons, | 25 | | penitentiaries, jails, and other institutions for the |
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| 1 | | detention of persons accused or convicted of an offense. | 2 | | (4) Members of the Armed Services or Reserve Forces of | 3 | | the United States or the Illinois National Guard, while in | 4 | | the performance of their official duties or while traveling | 5 | | to or from their place of duty. | 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 and while in the performance of their official | 16 | | duties. | 17 | | (6) Manufacture, transportation, or sale of weapons, | 18 | | attachments, or ammunition to persons authorized under | 19 | | subdivisions (1) through (5) of this subsection (a) to | 20 | | possess those items. | 21 | | (7) Manufacture, transportation, or sale of weapons, | 22 | | attachments, or ammunition for sale or transfer in another | 23 | | state. | 24 | | (8) Possession of any firearm if that firearm is | 25 | | sanctioned by the International Olympic Committee and by | 26 | | USA Shooting, the national governing body for |
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| 1 | | international shooting competition in the United States, | 2 | | but only when the firearm is in the actual possession of an | 3 | | Olympic target shooting competitor or target shooting | 4 | | coach for the purpose of storage, transporting to and from | 5 | | Olympic target shooting practice or events if the firearm | 6 | | is broken down in a non-functioning state, is not | 7 | | immediately accessible, or is unloaded and enclosed in a | 8 | | firearm case, carrying box, shipping box, or other similar | 9 | | portable container designed for the safe transportation of | 10 | | firearms, and when the Olympic target shooting competitor | 11 | | or target shooting coach is engaging in those practices or | 12 | | events. For the purposes of this paragraph (8), "firearm" | 13 | | is as defined in Section 1.1 of the Firearm Owners | 14 | | Identification Card Act. | 15 | | (9) Any non-resident who transports, within 24 hours, a | 16 | | weapon for any lawful purpose from any place where he or | 17 | | she may lawfully possess and carry that weapon to any other | 18 | | place where he or she may lawfully possess and carry that | 19 | | weapon if, during the transportation the weapon is | 20 | | unloaded, and neither the weapon nor any ammunition being | 21 | | transported is readily accessible or is directly | 22 | | accessible from the passenger compartment of the | 23 | | transporting vehicle. Provided that, in the case of a | 24 | | vehicle without a compartment separate from the driver's | 25 | | compartment the weapon or ammunition shall be contained in | 26 | | a locked container other than the glove compartment or |
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| 1 | | console. | 2 | | (10) Possession of a weapon at events taking place at | 3 | | the World Shooting and Recreational Complex at Sparta, only | 4 | | while engaged in the legal use of this weapon, or while | 5 | | traveling to or from this location if the weapon is broken | 6 | | down in a non-functioning state, or is not immediately | 7 | | accessible, or is unloaded and enclosed in a firearm case, | 8 | | carrying box, shipping box, or other similar portable | 9 | | container designed for the safe transportation of | 10 | | firearms. | 11 | | (11) Possession of a weapon only for hunting use | 12 | | expressly permitted under the Wildlife Code, or while | 13 | | traveling to or from a location authorized for this hunting | 14 | | use under the Wildlife Code if the weapon is broken down in | 15 | | a non-functioning state, or is not immediately accessible, | 16 | | or is unloaded and enclosed in a firearm case, carrying | 17 | | box, shipping box, or other similar portable container | 18 | | designed for the safe transportation of firearms. | 19 | | (12) The manufacture, transportation, possession, | 20 | | sale, or rental of blank-firing assault weapons and .50 | 21 | | caliber rifles, or the weapon's respective attachments, to | 22 | | persons authorized or permitted, or both authorized and | 23 | | permitted to acquire and possess these weapons or | 24 | | attachments for the purpose of rental for use solely as | 25 | | props for a motion picture, television, or video production | 26 | | or entertainment event. |
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| 1 | | (b) Section 10 does not apply to a peace officer who has | 2 | | retired in good standing from a law enforcement agency of this | 3 | | State and who possesses a prohibited weapon or attachment, if | 4 | | the weapon or attachment was lawfully possessed and acquired by | 5 | | the peace officer prior to retirement and the retired peace | 6 | | officer within 30 days of retirement registers the weapon or | 7 | | attachment with the Department of State Police as provided for | 8 | | possession under this Act. The retired peace officer shall | 9 | | comply with the transfer and notification requirements as | 10 | | provided for possession under this Act.".
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