HB1157ham009 98TH GENERAL ASSEMBLY

Rep. Kelly M. Cassidy

Filed: 3/13/2013

09800HB1157ham009 LRB098 08477 JWD 42955 a

AMENDMENT TO HOUSE BILL 1157

AMENDMENT NO. ______. Amend House Bill 1157, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Criminal Code of 2012 is amended by adding Section 24-12 as follows:

(720 ILCS 5/24-12 new)

Sec. 24-12. Safe storage firearms.

(a) As used in this Section:

"Safe storage firearm" means any of the firearms or types, replicas, models, duplicates, or similar models, in any caliber, of the firearms, known as:

(1) AR-15 Series.

(2) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs.

(3) Beretta AR-70 (SC-70).

(4) Action Arms Israeli Military Industries (IMI) UZI and Galil.

(5) Bushmaster Assault Rifle.

(6) Fabrique National FN/FAL, FN/LAR, and FNC.

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

(8) SWD M-10, M-11, M-11/9, and M-12.

(9) Steyr AUG.

(10) INTRATEC TEC-9, TEC-DC9, and TEC-22.

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

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

(B) 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

(C) a manufactured weight of 50 ounces or more when the pistol is unloaded.

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

(A) a folding or telescoping stock; or

(B) a pistol grip or pistol stock.

(13) 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.

(14) Any centerfire rifle capable of firing a .50 caliber cartridge; not including any shotgun, including a shotgun that has a rifle barrel, or any muzzle-loader which uses black powder for hunting or historical re-enactments.

"Safe storage firearm" 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 safe storage firearm in a Department of Natural Resources rule. The Department of Natural Resources shall have the authority to adopt rules to further define exclusions of safe storage firearm 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) At any time when a person who owns or possesses a firearm listed or described in subsection (a) is not in immediate possession of that firearm, he or she must keep a locking device or mechanism on the firearm that renders the firearm temporarily inoperable, including but not limited to a device that attaches to the firearm with a key or combination lock, and is designed to prevent the firearm from being discharged unless the device has been deactivated. If the firearm is incapable of accepting a locking device, the person must keep the firearm unloaded and placed within a securely locked box or container that requires a key or combination lock to open.

(c) Sentence. A person who knowingly fails to store a safe storage firearm as required in subsection (b) commits a petty offense for a first violation and a Class A misdemeanor for a second or subsequent violation.

(d) Exemptions. Subsection (b) does 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 firearms to persons exempted under subdivisions (1) through (5) of this subsection.

(7) Manufacture, transportation, or sale of firearms 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 firearm for any lawful purpose from any place where he or she may lawfully possess and carry that firearm to any other place where he or she may lawfully possess and carry that firearm if, during the transportation the firearm is unloaded, and neither the firearm 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 firearm shall be contained in a locked container other than the glove compartment or console.

(10) Possession of a firearm at events taking place at the World Shooting and Recreational Complex at Sparta, only while engaged in the legal use of the firearm, or while traveling to or from this location if the firearm 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 firearm 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 firearm 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 firearms to persons authorized or permitted to acquire and possess those firearms for the purpose of rental for use solely as props for a motion picture, television, or video production or entertainment event.".