HB1156ham004 98TH GENERAL ASSEMBLY

Rep. Barbara Flynn Currie

Filed: 3/4/2013

09800HB1156ham004 LRB098 08476 RLC 42196 a

AMENDMENT TO HOUSE BILL 1156

AMENDMENT NO. ______. Amend House Bill 1156, AS AMENDED, by inserting the following in its proper numeric sequence:

"Section 15. Possession, delivery, sale, receipt, transfer, and purchase of semi-automatic assault weapons and assault weapon attachments.

(a) As used in this Section:

"Semi-automatic assault weapon" means any of the firearms or types, replicas, models, duplicates, or similar models, in any caliber, of the firearms, known as:

(1) Manufacture Nationale d'Armes de St. Etienne (MAS) .223;

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

(3) Steyr AUG;

(4) INTRATEC TEC-9, TEC-DC9, and TEC-22; or

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

(A) a folding or telescoping stock;

(B) a pistol grip or thumbhole stock;

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

(D) an ability to accept a detachable magazine.

"Semi-automatic assault 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 this subsection (a).

"Semi-automatic assault weapon" does not include:

(1) any firearm that:

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

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

(C) is an antique firearm;

(D) any air rifle as defined in Section 24.8-0.1 of the Criminal Code of 2012; or

(E) has been excluded as a semi-automatic assault weapon in a Department of Natural Resources rule. The Department of Natural Resources shall have the authority to adopt rules to further define exclusions of semi-automatic assault weapon types, replicas, models, duplicates, or similar models under this Section, provided the make, model, and caliber of the firearm excluded has a viable application to hunting game and conforms to accepted hunting principles of fair chase.

(b) It is unlawful for any person within this State to knowingly deliver, sell, receive, transfer, or purchase or cause to be delivered, sold, received, transferred, or purchased a semi-automatic assault weapon or semi-automatic assault weapon attachment.

(c) Beginning 300 days after the effective date of this Act, it is unlawful for any person within this State to knowingly possess a semi-automatic assault weapon or semi-automatic assault weapon attachment.

(d) A person who knowingly delivers, transfers, sells, receives, or purchases in violation of this Act a weapon, attachment, or device commits a Class 2 felony for a first violation and a Class 1 felony for a second or subsequent violation. A person who knowingly possesses in violation of this Act a weapon, attachment, or device commits a Class 3 felony for a first violation and a Class 2 felony for a second or subsequent violation.

Section 16. Possession, delivery, sale, receipt, transfer, and purchase of a semi-automatic assault weapon attachment, .50 caliber rifle, .50 caliber cartridge, or a semi-automatic rifle or pistol with a fixed magazine that has the capacity to accept more than 10 rounds of ammunition.

(a) As used in this Section:

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

".50 caliber rifle" means a centerfire rifle capable of firing a .50 caliber cartridge. The term does not include any antique firearm, any shotgun including a shotgun that has a rifle barrel, or any muzzle-loader which uses black powder for hunting or historical re-enactments.

".50 caliber cartridge" means a fixed cartridge in .50 BMG caliber, either by designation or actual measurement, that is capable of being fired from a centerfire rifle. The term ".50 caliber cartridge" does not include any memorabilia or display item that is filled with a permanent inert substance or that is otherwise permanently altered in a manner that prevents ready modification for use as live ammunition or shotgun ammunition with a caliber measurement that is equal to or greater than .50 caliber.

"Semi-automatic assault weapon" means any of the firearms or types, replicas, models, duplicates, or similar models, in any caliber, of the firearms which are prohibited under Sections 5, 10, and 15 of this Act, plus any semi-automatic rifle or pistol with a fixed magazine that has the capacity to accept more than 10 rounds of ammunition.

"Semi-automatic assault weapon" does not include:

(1) any firearm that:

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

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

(C) is an antique firearm;

(D) any air rifle as defined in Section 24.8-0.1 of the Criminal Code of 2012; or

(E) has been excluded as a semi-automatic assault weapon or .50 caliber rifle in a Department of Natural Resources rule. The Department of Natural Resources shall have the authority to adopt rules to further define exclusions of semi-automatic assault weapon and .50 caliber rifle types, replicas, models, duplicates, or similar models under this Section, provided the make, model, and caliber of the firearm excluded has a viable application to hunting game and conforms to accepted hunting principles of fair chase.

"Semi-automatic assault 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 defined as a "semi-automatic assault weapon" in this subsection (a).

(b) It is unlawful for any person within this State to knowingly deliver, sell, receive, transfer, or purchase or cause to be delivered, sold, received, transferred, or purchased a semi-automatic assault weapon attachment, .50 caliber rifle, .50 caliber cartridge, or semi-automatic rifle or pistol with a fixed magazine that has the capacity to accept more than 10 rounds of ammunition.

(c) Beginning 300 days after the effective date of this Act, it is unlawful for any person within this State to knowingly possess a semi-automatic assault weapon attachment, .50 caliber rifle, .50 caliber cartridge, or semi-automatic rifle or pistol with a fixed magazine that has the capacity to accept more than 10 rounds of ammunition.

(d) A person who knowingly delivers, transfers, sells, receives, or purchases in violation of this Act a weapon, attachment, or device commits a Class 2 felony for a first violation and a Class 1 felony for a second or subsequent violation. A person who knowingly possesses in violation of this Act a weapon, attachment, or device commits a Class 3 felony for a first violation and a Class 2 felony for a second or subsequent violation.

Section 17. Exemptions.

(a) Sections 15 and 16 do not apply to or affect any of the following:

(1) Peace officers as defined in Section 2-13 of the Criminal Code of 2012.

(2) Acquisition and possession by a local law enforcement agency for the purpose of equipping the agency's peace officers as defined in paragraph (1) of this subsection.

(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 or Reserve Forces of the United States or the Illinois National Guard, while in the performance of their official duties or while traveling to or from their place of duty.

(5) Any company that employs armed security officers in this State at a nuclear energy, storage, weapons, or development site or facility regulated by the federal Nuclear Regulatory Commission and persons employed as an armed security force member at a nuclear energy, storage, weapons, or development site or facility regulated by the federal Nuclear Regulatory Commission who have completed the background screening and training mandated by the rules and regulations of the federal Nuclear Regulatory Commission and while in the performance of their official duties.

(6) Manufacture, transportation, or sale of weapons, attachments, or ammunition to persons authorized under subdivisions (1) through (5) of this subsection (a) to possess those items.

(7) Manufacture, transportation, or sale of weapons, attachments, or ammunition for sale or transfer in another state.

(8) 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 if the firearm is broken down in a non-functioning state, is not immediately accessible, or is unloaded and enclosed in a firearm case, carrying box, shipping box, or other similar portable container designed for the safe transportation of firearms, and when the Olympic target shooting competitor or target shooting coach is engaging in those practices or events. For the purposes of this paragraph (8), "firearm" is as defined in Section 1.1 of the Firearm Owners Identification Card Act.

(9) Any non-resident who transports, within 24 hours, a weapon for any lawful purpose from any place where he or she may lawfully possess and carry that weapon to any other place where he or she may lawfully possess and carry that weapon if, during the transportation the weapon is unloaded, and neither the weapon nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of the transporting vehicle. Provided that, in the case of a vehicle without a compartment separate from the driver's compartment the weapon or ammunition shall be contained in a locked container other than the glove compartment or console.

(10) Possession of a weapon at events taking place at the World Shooting and Recreational Complex at Sparta, only while engaged in the legal use of this weapon, or while traveling to or from this location if the weapon is broken down in a non-functioning state, or is not immediately accessible, or is unloaded and enclosed in a firearm case, carrying box, shipping box, or other similar portable container designed for the safe transportation of firearms.

(11) Possession of a weapon only for hunting use expressly permitted under the Wildlife Code, or while traveling to or from a location authorized for this hunting use under the Wildlife Code if the weapon is broken down in a non-functioning state, or is not immediately accessible, or is unloaded and enclosed in a firearm case, carrying box, shipping box, or other similar portable container designed for the safe transportation of firearms.

(12) The manufacture, transportation, possession, sale, or rental of blank-firing assault weapons or the weapon's respective attachments, to persons authorized or permitted, or both authorized and permitted to acquire and possess these weapons or attachments for the purpose of rental for use solely as props for a motion picture, television, or video production or entertainment event.

(b) Sections 15 and 16 do not apply to a peace officer who has retired in good standing from a law enforcement agency of this State and who possesses a prohibited weapon or attachment, if the weapon or attachment was lawfully possessed and acquired by the peace officer prior to retirement and the retired peace officer within 30 days of retirement registers the weapon or attachment with the Department of State Police as provided for possession under this Act. The retired peace officer shall comply with the transfer and notification requirements as provided for possession under this Act.".