HB1966eng 96TH GENERAL ASSEMBLY

HB1966 Engrossed LRB096 05325 RLC 15391 b

AN ACT concerning criminal law, which may be referred to as the Automatic Weapons Safe Zone Act of 2009.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 1961 is amended by adding Section 24-1.95 as follows:

(720 ILCS 5/24-1.95 new)

Sec. 24-1.95. Manufacture, possession, delivery, and sale of assault weapons and .50 caliber rifles.

(a) Definitions. In this Section:

(1) "Assault weapon" means:

(A) any of the firearms or types, replicas, or duplicates in any caliber of the firearms, known as:

(i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models);

(ii) Action Arms Israeli Military Industries UZI and Galil;

(iii) Beretta AR-70 (SC-70);

(iv) Colt AR-15;

(v) Fabrique Nationale FN/FAL, FN/LAR, and FNC;

(vi) SWD M-10, M-11, M-11/9, and M-12;

(vii) Steyr AUG;

(viii) INTRATEC TEC-9, TEC-DC9, and TEC-22; and

(ix) any shotgun which contains its ammunition in a revolving cylinder, such as (but not limited to) the Street Sweeper and Striker 12;

(B) a semi-automatic rifle that has an ability to accept a detachable magazine and has any of the following:

(i) a folding or telescoping stock;

(ii) a pistol grip or thumbhole stock;

(iii) a shroud that is attached to, or partially or completely encircles the barrel, and that permits the shooter to hold the firearm with the non-trigger hand without being burned; or

(iv) a fixed magazine that has the capacity to accept more than 10 rounds of ammunition;

(C) a semi-automatic pistol that has an ability to accept a detachable magazine and has any of the following:

(i) a folding, telescoping, or thumbhole stock;

(ii) a shroud that is attached to, or partially or completely encircles the barrel, and that permits the shooter to hold the firearm with the non-trigger hand without being burned;

(iii) an ammunition magazine that attaches to the pistol outside of the pistol grip;

(iv) a fixed magazine that has the capacity to accept more than 10 rounds of ammunition;

(v) a manufactured weight of 50 ounces or more when the pistol is unloaded; or

(vi) a semi-automatic version of an automatic firearm;

(D) a semi-automatic shotgun that has any of the following:

(i) a folding or telescoping stock;

(ii) a pistol grip or thumbhole stock;

(iii) a fixed magazine capacity in excess of 5 rounds; or

(iv) an ability to accept a detachable magazine.

"Assault weapon" does not include:

(A) any firearm that:

(i) is manually operated by bolt, pump, lever, or slide action;

(ii) is an "unserviceable firearm" or has been made permanently inoperable; or

(iii) is an antique firearm;

(B) any air rifle as defined in Section 1 of the Air Rifle Act.

(2) ".50 caliber rifle" means a centerfire rifle capable of firing a .50 caliber cartridge. The term does not include any antique firearm as defined in 18 U.S.C. Section 921 (a)(16), any shotgun including a shotgun that has a rifle barrel, or a muzzle-loader used for "black powder" hunting or battle re-enactments.

(3) "Antique firearm" has the meaning ascribed to it in 18 U.S.C. Section 921 (a)(16).

(4) "Weapon attachment" means any device capable of being attached to a firearm that is specifically designed for making or converting a firearm into any of the firearms listed in paragraph (1) of subsection (a) of this Section.

(b) Except as provided in subsections (c) and (d), 90 days after the effective date of this amendatory Act of the 96th General Assembly, it is unlawful for any person within the following zip codes: 60637, 60636, 60629, 60621, 60619, and 60609 to knowingly manufacture, deliver, sell, purchase, or possess or cause to be manufactured, delivered, sold, purchased, or possessed, any assault weapon or .50 caliber rifle.

(c) Subsection (b) does not apply to a person who possessed a weapon prohibited by subsection (b) before the effective date of this amendatory Act of the 96th General Assembly, provided that the person has provided proof of ownership to the Department of State Police within 90 days after the effective date of this amendatory Act of the 96th General Assembly as required by law. On or after the effective date of this amendatory Act of the 96th General Assembly, such person may transfer such weapon only to an heir, an individual residing in another state maintaining that weapon in another state, or a dealer licensed as a federal firearms dealer under Section 923 of the Federal Gun Control Act of 1968.

(d) Subsection (b) does not apply to or affect any of the following:

(1) Peace officers as defined in Section 2-13 of this Code; and

(2) Retired peace officers not otherwise prohibited from receiving a firearm so long as the assault weapon or .50 caliber rifle were transferred to the retired peace officer by his or her law enforcement agency upon retirement.

(3) Wardens, superintendents, and keepers of prisons, penitentiaries, jails, and other institutions for the detention of persons accused or convicted of an offense.

(4) Members of the Armed Services and Reserve Forces of the United States or the Illinois National Guard Society solely in the performance of their official duties or while traveling to or from their place of duty.

(5) Manufacture, transportation, or sale of an assault weapon or .50 caliber rifle to persons authorized under subdivisions (1) through (4) of this subsection to possess those items.

(6) Possession of any firearm if that firearm is sanctioned by the International Olympic Committee and by USA Shooting, the national governing body for international shooting competition in the United States, but only when the firearm is in the actual possession of an Olympic target shooting competitor or target shooting coach for the purpose of storage, transporting to and from Olympic target shooting practice or events so long as the firearm is broken down in a non-functioning state, is not immediately accessible, or is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container, and when the Olympic target shooting competitor or target shooting coach is engaging in those practices or events.

(7) Possession of an assault weapon or a .50 caliber rifle only for a hunting use expressly permitted under the Wildlife Code, or while traveling to or from a location authorized for such hunting use under the Wildlife Code if the items are broken down in a non-functioning state, or are not immediately accessible, or are unloaded and enclosed in a case, firearm carrying box, shipping box, or other container.

(8) Manufacture, transportation, possession, sale, or rental of blank-firing assault weapons or .50 caliber rifles or the respective weapon attachment to persons authorized or permitted, or both authorized and permitted to acquire and possess such weapons for the purposes of rental for use solely as props for a motion picture, television, or video production or entertainment event.

(e) Sentence. A person who knowingly manufactures, delivers, sells, purchases, or possesses or causes to be manufactured, delivered, sold, purchased, or possessed any assault weapon in violation of this Section commits a Class 2 felony for a first violation; and, a Class 1 felony for a second or subsequent violation, or for the possession or delivery, in close proximity, of 2 or more of these weapons at the same time.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.