Full Text of HB1156 98th General Assembly
HB1156ham004 98TH GENERAL ASSEMBLY | Rep. Barbara Flynn Currie 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 15. Possession, delivery, sale, receipt, | 5 | | transfer, and purchase of semi-automatic assault weapons and | 6 | | assault weapon attachments. | 7 | | (a) As used in this Section: | 8 | | "Semi-automatic assault weapon" means any of the firearms | 9 | | or types, replicas, models, duplicates, or similar models, in | 10 | | any caliber, of the firearms, known as: | 11 | | (1) Manufacture Nationale d'Armes de St. Etienne (MAS) | 12 | | .223; | 13 | | (2) SWD M-10, M-11, M-11/9, and M-12; | 14 | | (3) Steyr AUG; | 15 | | (4) INTRATEC TEC-9, TEC-DC9, and TEC-22; or | 16 | | (5) any semi-automatic shotgun that has any of the | 17 | | following: |
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| 1 | | (A) a folding or telescoping stock; | 2 | | (B) a pistol grip or thumbhole stock; | 3 | | (C) a fixed magazine capacity in excess of 5 | 4 | | rounds; or | 5 | | (D) an ability to accept a detachable magazine. | 6 | | "Semi-automatic assault weapon attachment" means any | 7 | | device capable of being attached to a firearm that is | 8 | | specifically designed for making or converting a firearm into | 9 | | any of the firearms listed in this subsection (a). | 10 | | "Semi-automatic assault weapon" does not include: | 11 | | (1) any firearm that: | 12 | | (A) is manually operated by bolt, pump, lever, or | 13 | | slide action; | 14 | | (B) is an unserviceable firearm or has been made | 15 | | permanently inoperable; | 16 | | (C) is an antique firearm; | 17 | | (D) any air rifle as defined in Section 24.8-0.1 of | 18 | | the Criminal Code of 2012; or | 19 | | (E) has been excluded as a semi-automatic assault | 20 | | weapon in a Department of Natural Resources rule. The | 21 | | Department of Natural Resources shall have the | 22 | | authority to adopt rules to further define exclusions | 23 | | of semi-automatic assault weapon types, replicas, | 24 | | models, duplicates, or similar models under this | 25 | | Section, provided the make, model, and caliber of the | 26 | | firearm excluded has a viable application to hunting |
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| 1 | | game and conforms to accepted hunting principles of | 2 | | fair chase. | 3 | | (b) It is unlawful for any person within this State to | 4 | | knowingly deliver, sell, receive, transfer, or purchase or | 5 | | cause to be delivered, sold, received, transferred, or | 6 | | purchased a semi-automatic assault weapon or semi-automatic | 7 | | assault weapon attachment. | 8 | | (c) Beginning 300 days after the effective date of this | 9 | | Act, it is unlawful for any person within this State to | 10 | | knowingly possess a semi-automatic assault weapon or | 11 | | semi-automatic assault weapon attachment. | 12 | | (d) A person who knowingly delivers, transfers, sells,
| 13 | | receives, or purchases in
violation of this Act a weapon, | 14 | | attachment, or device commits a Class 2 felony for a first | 15 | | violation and a Class 1
felony for a second or subsequent | 16 | | violation. A person who
knowingly possesses in
violation of | 17 | | this Act a weapon, attachment, or device commits a Class 3 | 18 | | felony for a first violation and a Class 2
felony for a second | 19 | | or subsequent violation.
| 20 | | Section 16. Possession, delivery, sale, receipt, transfer, | 21 | | and purchase of a semi-automatic assault weapon attachment, .50 | 22 | | caliber rifle, .50 caliber cartridge, or a semi-automatic rifle | 23 | | or pistol with a fixed magazine that has the capacity to accept | 24 | | more than 10 rounds of ammunition. | 25 | | (a) As used in this Section: |
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| 1 | | "Antique firearm" has the meaning ascribed to it in 18 | 2 | | U.S.C. Section 921 (a)(16). | 3 | | ".50 caliber rifle" means a centerfire rifle capable of | 4 | | firing a .50 caliber cartridge. The term does not include any | 5 | | antique firearm, any shotgun including a shotgun that has a | 6 | | rifle barrel, or any muzzle-loader which uses black powder for | 7 | | hunting or historical re-enactments. | 8 | | ".50 caliber cartridge" means a fixed cartridge in .50 BMG | 9 | | caliber, either by designation or actual measurement, that is | 10 | | capable of being fired from a centerfire rifle. The term ".50 | 11 | | caliber cartridge" does not include any memorabilia or display | 12 | | item that is filled with a permanent inert substance or that is | 13 | | otherwise permanently altered in a manner that prevents ready | 14 | | modification for use as live ammunition or shotgun ammunition | 15 | | with a caliber measurement that is equal to or greater than .50 | 16 | | caliber. | 17 | | "Semi-automatic assault weapon" means any of the firearms | 18 | | or types, replicas, models, duplicates, or similar models, in | 19 | | any caliber, of the firearms which are prohibited under | 20 | | Sections 5, 10, and 15 of this Act, plus any semi-automatic | 21 | | rifle or pistol with a fixed magazine that has the capacity to | 22 | | accept more than 10 rounds of ammunition. | 23 | | "Semi-automatic assault weapon" does not include: | 24 | | (1) any firearm that: | 25 | | (A) is manually operated by bolt, pump, lever, or | 26 | | slide action; |
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| 1 | | (B) is an unserviceable firearm or has been made | 2 | | permanently inoperable; | 3 | | (C) is an antique firearm; | 4 | | (D) any air rifle as defined in Section 24.8-0.1 of | 5 | | the Criminal Code of 2012; or | 6 | | (E) has been excluded as a semi-automatic assault | 7 | | weapon or .50 caliber rifle in a Department of Natural | 8 | | Resources rule. The Department of Natural Resources | 9 | | shall have the authority to adopt rules to further | 10 | | define exclusions of semi-automatic assault weapon and | 11 | | .50 caliber rifle types, replicas, models, duplicates, | 12 | | or similar models under this Section, provided the | 13 | | make, model, and caliber of the firearm excluded has a | 14 | | viable application to hunting game and conforms to | 15 | | accepted hunting principles of fair chase. | 16 | | "Semi-automatic assault weapon attachment" means any | 17 | | device capable of being attached to a firearm that is | 18 | | specifically designed for making or converting a firearm into | 19 | | any of the firearms defined as a "semi-automatic assault | 20 | | weapon" in this subsection (a). | 21 | | (b) It is unlawful for any person within this State to | 22 | | knowingly deliver, sell, receive, transfer, or purchase or | 23 | | cause to be delivered, sold, received, transferred, or | 24 | | purchased a semi-automatic assault weapon attachment, .50 | 25 | | caliber rifle, .50 caliber cartridge, or semi-automatic rifle | 26 | | or pistol with a fixed magazine that has the capacity to accept |
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| 1 | | more than 10 rounds of ammunition. | 2 | | (c) Beginning 300 days after the effective date of this | 3 | | Act, it is unlawful for any person within this State to | 4 | | knowingly possess a semi-automatic assault weapon attachment, | 5 | | .50 caliber rifle, .50 caliber cartridge, or semi-automatic | 6 | | rifle or pistol with a fixed magazine that has the capacity to | 7 | | accept more than 10 rounds of ammunition. | 8 | | (d) A person who knowingly delivers, transfers, sells,
| 9 | | receives, or purchases in
violation of this Act a weapon, | 10 | | attachment, or device commits a Class 2 felony for a first | 11 | | violation and a Class 1
felony for a second or subsequent | 12 | | violation. A person who
knowingly possesses in
violation of | 13 | | this Act a weapon, attachment, or device commits a Class 3 | 14 | | felony for a first violation and a Class 2
felony for a second | 15 | | or subsequent violation. | 16 | | Section 17. Exemptions. | 17 | | (a) Sections 15 and 16 do not apply to or affect any of the | 18 | | following: | 19 | | (1) Peace officers as defined in Section 2-13 of the | 20 | | Criminal Code of 2012. | 21 | | (2) Acquisition and possession by a local law | 22 | | enforcement agency for the purpose of equipping the | 23 | | agency's peace officers as defined in paragraph (1) of this | 24 | | subsection. | 25 | | (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, while in | 5 | | the performance of their official duties or while traveling | 6 | | to or from their place of duty. | 7 | | (5) Any company that employs armed security officers in | 8 | | this State at a nuclear energy, storage, weapons, or | 9 | | development site or facility regulated by the federal | 10 | | Nuclear Regulatory Commission and persons employed as an | 11 | | armed security force member at a nuclear energy, storage, | 12 | | weapons, or development site or facility regulated by the | 13 | | federal Nuclear Regulatory Commission who have completed | 14 | | the background screening and training mandated by the rules | 15 | | and regulations of the federal Nuclear Regulatory | 16 | | Commission and while in the performance of their official | 17 | | duties. | 18 | | (6) Manufacture, transportation, or sale of weapons, | 19 | | attachments, or ammunition to persons authorized under | 20 | | subdivisions (1) through (5) of this subsection (a) to | 21 | | possess those items. | 22 | | (7) Manufacture, transportation, or sale of weapons, | 23 | | attachments, or ammunition for sale or transfer in another | 24 | | state. | 25 | | (8) Possession of any firearm if that firearm is | 26 | | sanctioned by the International Olympic Committee and by |
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| 1 | | USA Shooting, the national governing body for | 2 | | international shooting competition in the United States, | 3 | | but only when the firearm is in the actual possession of an | 4 | | Olympic target shooting competitor or target shooting | 5 | | coach for the purpose of storage, transporting to and from | 6 | | Olympic target shooting practice or events if the firearm | 7 | | is broken down in a non-functioning state, is not | 8 | | immediately accessible, or is unloaded and enclosed in a | 9 | | firearm case, carrying box, shipping box, or other similar | 10 | | portable container designed for the safe transportation of | 11 | | firearms, and when the Olympic target shooting competitor | 12 | | or target shooting coach is engaging in those practices or | 13 | | events. For the purposes of this paragraph (8), "firearm" | 14 | | is as defined in Section 1.1 of the Firearm Owners | 15 | | Identification Card Act. | 16 | | (9) Any non-resident who transports, within 24 hours, a | 17 | | weapon for any lawful purpose from any place where he or | 18 | | she may lawfully possess and carry that weapon to any other | 19 | | place where he or she may lawfully possess and carry that | 20 | | weapon if, during the transportation the weapon is | 21 | | unloaded, and neither the weapon nor any ammunition being | 22 | | transported is readily accessible or is directly | 23 | | accessible from the passenger compartment of the | 24 | | transporting vehicle. Provided that, in the case of a | 25 | | vehicle without a compartment separate from the driver's | 26 | | compartment the weapon or ammunition shall be contained in |
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| 1 | | a locked container other than the glove compartment or | 2 | | console. | 3 | | (10) Possession of a weapon at events taking place at | 4 | | the World Shooting and Recreational Complex at Sparta, only | 5 | | while engaged in the legal use of this weapon, or while | 6 | | traveling to or from this location if the weapon is broken | 7 | | down in a non-functioning state, or is not immediately | 8 | | accessible, or is unloaded and enclosed in a firearm case, | 9 | | carrying box, shipping box, or other similar portable | 10 | | container designed for the safe transportation of | 11 | | firearms. | 12 | | (11) Possession of a weapon only for hunting use | 13 | | expressly permitted under the Wildlife Code, or while | 14 | | traveling to or from a location authorized for this hunting | 15 | | use under the Wildlife Code if the weapon is broken down in | 16 | | a non-functioning state, or is not immediately accessible, | 17 | | or is unloaded and enclosed in a firearm case, carrying | 18 | | box, shipping box, or other similar portable container | 19 | | designed for the safe transportation of firearms. | 20 | | (12) The manufacture, transportation, possession, | 21 | | sale, or rental of blank-firing assault weapons or the | 22 | | weapon's respective attachments, to persons authorized or | 23 | | permitted, or both authorized and permitted to acquire and | 24 | | possess these weapons or attachments for the purpose of | 25 | | rental for use solely as props for a motion picture, | 26 | | television, or video production or entertainment event. |
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| 1 | | (b) Sections 15 and 16 do not apply to a peace officer who | 2 | | has retired in good standing from a law enforcement agency of | 3 | | this State and who possesses a prohibited weapon or attachment, | 4 | | if the weapon or attachment was lawfully possessed and acquired | 5 | | by 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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