HB2789 99TH GENERAL ASSEMBLY

LRB099 05803 RLC 25847 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB2789

Introduced , by Rep. Laura Fine

SYNOPSIS AS INTRODUCED:

720 ILCS 5/24-1.9 new

Amends the Criminal Code of 2012. Provides that 90 days after the effective date of the amendatory Act, it is unlawful for any person within the State to knowingly manufacture, deliver, sell, purchase, or possess or cause to be manufactured, delivered, sold, purchased, or possessed a semi-automatic assault weapon, an assault weapon attachment, any .50 caliber rifle, or .50 caliber cartridge. Provides that these provisions do not apply to a person who possessed a prohibited weapon, device, or attachment before the effective date of the amendatory Act if the person has provided proof of ownership to the Department of State Police within 90 days after the effective date of the amendatory Act. Provides that on or after the effective date of the amendatory Act, the person may transfer the weapon or assault weapon attachment only to an heir, an individual residing in another state maintaining that device in another state, or a dealer licensed as a federal firearms dealer. Specifies penalties for violations. Provides exemptions. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

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

Section 5. The Criminal Code of 2012 is amended by adding Section 24-1.9 as follows:

(720 ILCS 5/24-1.9 new)

Sec. 24-1.9. Manufacture, possession, delivery, sale, and purchase of semi-automatic assault weapons, assault weapon attachments, .50 caliber rifles, and .50 caliber cartridges.

(a) Definitions. In this Section:

(1) "Semi-automatic 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.

"Semi-automatic 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 24.8-0.1 of this Code.

(2) "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 paragraph (1) of subsection (a) of this Section.

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

(4) ".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.

(5) ".50 caliber cartridge" means a 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.

(b) Except as provided in subsections (c) and (d), 90 days after the effective date of this amendatory Act of the 99th General Assembly, it is unlawful for any person within this State to knowingly manufacture, deliver, sell, purchase, or possess or cause to be manufactured, delivered, sold, purchased, or possessed, a semi-automatic assault weapon, an assault weapon attachment, any .50 caliber rifle, or .50 caliber cartridge.

(c) This Section does not apply to a person who possessed a weapon or attachment prohibited by subsection (b) before the effective date of this amendatory Act of the 99th 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 99th General Assembly as required by law. On or after the effective date of this amendatory Act of the 99th General Assembly, the person may transfer the weapon or attachment 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) This Section does not apply to or affect any of the following:

(1) Peace officers as defined in Section 2-13 of this Code and retired peace officers not otherwise prohibited from receiving a firearm, in possession of a semi-automatic assault weapon, assault weapon attachment, or .50 caliber rifle transferred to the retired peace officer by his or her law enforcement agency upon retirement.

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

(3) 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.

(4) Manufacture, transportation, or sale of weapons, attachments, or ammunition to persons authorized under subdivisions (1) through (3) of this subsection to possess those items.

(5) Possession of a semi-automatic assault weapon, an assault weapon attachment, a .50 caliber rifle, or a .50 caliber cartridge at events taking place at the World Shooting and Recreational Complex at Sparta, only while engaged in the legal use of the firearm or attachment, or while traveling to or from this location 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.

(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 if 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 a semi-automatic assault weapon, an assault weapon attachment, a .50 caliber rifle, or a .50 caliber cartridge only for a hunting use expressly permitted under the Wildlife Code, or while traveling to or from a location authorized for 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 semi-automatic assault weapons and .50 caliber rifles or the weapons respective attachments to persons authorized or permitted, or both authorized and permitted to acquire and possess the weapons for the purposes of rental for use solely as props for a motion picture, television, or video production or entertainment event.

(e) Sentence.

(1) A person who knowingly manufactures, delivers, sells, purchases, or possesses or causes to be manufactured, delivered, sold, purchased, or possessed a semi-automatic assault weapon in violation of this Section commits a Class 3 felony for a first violation and a Class 2 felony for a second or subsequent violation or for the possession or delivery of 2 or more of these weapons at the same time.

(2) A person who knowingly manufactures, delivers, sells, purchases, or possesses or causes to be manufactured, delivered, sold, purchased, or possessed in violation of this Section an assault weapon attachment commits a Class 4 felony for a first violation and a Class 3 felony for a second or subsequent violation.

(3) A person who knowingly manufactures, delivers, sells, purchases, or possesses or causes to be manufactured, delivered, sold, purchased, or possessed in violation of this Section a .50 caliber rifle commits a Class 3 felony for a first violation and a Class 2 felony for a second or subsequent violation or for the possession or delivery of 2 or more of these weapons at the same time.

(4) A person who knowingly manufactures, delivers, sells, purchases, or possesses or causes to be manufactured, delivered, sold, purchased, or possessed in violation of this Section a .50 caliber cartridge commits a Class A misdemeanor.

Section 99. Effective date. This Act takes effect upon becoming law.