HB3222 102ND GENERAL ASSEMBLY

LRB102 13790 RLC 19140 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3222

Introduced 2/19/2021, by Rep. Maura Hirschauer

SYNOPSIS AS INTRODUCED:

720 ILCS 5/24-1.9 new

Amends the Criminal Code of 2012. Provides that any person who, prior to the effective date of the amendatory Act, lawfully possessed an assault weapon shall register the assault weapon with the Illinois State Police within 90 days after the effective date of the amendatory Act and any person who acquired an assault weapon on or after the effective date of the amendatory Act shall register the assault weapon with the Illinois State Police within 90 days after he or she purchased or was given the weapon. Provides that the registration shall contain a description of the assault weapon that identifies it uniquely, including all identification marks, the full name, address, date of birth, and thumbprint of the owner, and any other information that the Director of the Illinois State Police deems appropriate. Provides that the Illinois State Police may charge a fee for registration not to exceed the reasonable processing costs of the Illinois State Police. Provides that the fees shall be deposited into the State Police Firearm Services Fund. Provides that a violation of these provisions is a Class A misdemeanor. Defines various terms.

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. Firearms; assault weapons.

(a) In this Section:

"Assault weapon" means:

(1) a semiautomatic rifle that has the capacity to accept a large capacity magazine detachable or otherwise and one or more of the following:

(A) only a pistol grip without a stock attached;

(B) any feature capable of functioning as a protruding grip that can be held by the non-trigger hand;

(C) a folding, telescoping or thumbhole stock;

(D) a shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel; or

(E) a muzzle brake or muzzle compensator;

(2) a semiautomatic pistol or any semi-automatic rifle that has a fixed magazine, that has the capacity to accept more than 10 rounds of ammunition;

(3) a semiautomatic pistol that has the capacity to accept a detachable magazine and has one or more of the following:

(A) any feature capable of functioning as a protruding grip that can be held by the non-trigger hand;

(B) a folding, telescoping or thumbhole stock;

(C) a shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel;

(D) a muzzle brake or muzzle compensator; or

(E) the capacity to accept a detachable magazine at some location outside of the pistol grip;

(4) a semiautomatic shotgun that has one or more of the following:

(A) only a pistol grip without a stock attached;

(B) any feature capable of functioning as a protruding grip that can be held by the non-trigger hand;

(C) a folding, telescoping or thumbhole stock;

(D) a fixed magazine capacity in excess of five rounds;

(E) an ability to accept a detachable magazine; or

(F) a grenade, flare or rocket launcher;

(5) any shotgun with a revolving cylinder;

(6) a conversion kit, part or combination of parts, from which an assault weapon can be assembled if those parts are in the possession or under the control of the same person;

(7) the assault weapons models identified as follows, including, but not be limited to:

(A) the following rifles or copies or duplicates thereof:

(i) AK, AKM, AKS, AK-47, AK-74, ARM, MAK90, Misr, NHM 90, NHM 91, SA 85, SA 93, VEPR, Rock River Arms LAR-47, Vector Arms AK-47, VEPR, WASR-10, WUM, MAADI, Norinco 56S, 56S2, 84S, and 86S;

(ii) AR-10;

(iii) AR-15, Bushmaster XM15, Bushmaster Carbon 15, Bushmaster ACR, Bushmaster MOE series, Armalite M15, Armalite M15-T and Olympic Arms PCR;

(iv) AR70;

(v) Calico Liberty;

(vi) Dragunov SVD Sniper Rifle or Dragunov SVU;

(vii) Fabrique National FN/FAL, FN/LAR, or FNC;

(viii) Hi-Point Carbine;

(ix) HK-91, HK-93, HK-94, HK-USC and HK-PSG-1;

(x) Kel-Tec Sub Rifle, Kel-Tec Sub-2000, SU-16, and RFB;

(xi) Saiga;

(xii) SAR-8, SAR-4800;

(xiii) KS with detachable magazine;

(xiv) SLG 95;

(xv) SLR 95 or 96;

(xvi) Steyr AUG;

(xvii) Sturm, Ruger Mini-14, and Sturm, Ruger & Co. SR556;

(xviii) Tavor;

(xix) all Thompson rifles, including Thompson 1927, Thompson M1, Thompson M1SB, Thompson T1100D, Thompson T150D, Thompson T1B, Thompson T1B100D, Thompson T1B50D, Thompson T1BSB, Thompson T1-C, Thompson T1D, Thompson T1SB, Thompson T5, Thompson T5100D, Thompson TM1, Thompson TM1C and Thompson 1927 Commando;

(xx) Uzi, Galil and Uzi Sporter, Galil Sporter, or Galil Sniper Rifle (Galatz);

(xxi) Barret REC7, Barrett M82A1, Barrett M107A1;

(xxii) Colt Match Target Rifles;

(xxiii) Double Star AR Rifles;

(xxiv) DPMS Tactical Rifles;

(xxv) Heckler & Koch MR556;

(xxvi) Remington R-15 Rifles;

(xxvii) Rock River Arms LAR-15;

(xxviii) Sig Sauer SIG516 Rifles, SIG AMT, SIG PE 57, Sig Saucer SG 550, and Sig Saucer SG 551;

(xxix) Smith & Wesson M&P15;

(xxx) Stag Arms AR;

(xxxi) Baretta CX4 Storm;

(xxxii) CETME Sporter;

(xxxiii) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR 110C;

(xxxiv) Fabrique Nationale/FN Herstal FAL, LAR, 22 FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000;

(xxxv) Feather Industries AT-9; (xxxvi) Galil Model AR and Model ARM;

(xxxvii) Springfield Armory SAR-48;

(xxxviii) Steyr AUG;

(xxxix) UMAREX UZI Rifle;

(xl) UZI Mini Carbine, UZI Model A Carbine, and UZI Model B Carbine;

(xli) Valmet M62S. M71S, and M78;

(xlii) Vector Arms UZI Type;

(xliii) Weaver Arms Nighthawk; and

(xliv) Wilkinson Arms Linda Carbine;

(B) the following handguns, pistols or copies or duplicates thereof:

(i) all AK-47 types, including Centurion 39 AK handgun, Draco AK-47 handgun, HCR AK-47 handgun, 10 Inc. Hellpup, AK-47 handgun, Krinkov handgun, Mini Draco AK-47 handgun, and Yugo Krebs Krink handgun;

(ii) all AR-15 types, including American Spirit AR-15 handgun, Bushmaster Carbon 15 handgun, DoubleStar Corporation AR handgun, DPMS AR-15 handgun, Olympic Arms AR-15 handgun and Rock River Arms LAR 15 handgun;

(iii) Calico Liberty handguns;

(iv) DSA SA58 PKP FAL handgun;

(v) Encom MP-9 and MP-45;

(vi) Heckler & Koch model SP-89 handgun;

(vii) Intratec AB-10, TEC-22 Scorpion, TEC-9 and TEC-DC9;

(viii) Kel-Tec PLR 16 handgun;

(ix) MAC-IO, MAC-11, Masterpiece Arms MPA A930 Mini Pistol, MPA460 Pistol, MPA Tactical Pistol, MPA 3 and MPA Mini Tactical Pistol;

(x) Military Armament Corp. Ingram M-11 and Velocity Arms VMAC;

(xi) Sig Sauer P556 handgun;

(xii) Sites Spectre;

(xiii) all Thompson types, including the Thompson TA510D and Thompson TA5;

(xiv) Olympic Arms OA;

(xv) TEC-9, TEC-DC9, TEC-22 Scorpion, or AB-10; and

(xvi) All UZI types, including Micro-UZI;

(C) the following shotguns or copies or duplicates thereof:

(i) Armscor 30 BG;

(ii) SPAS 12 or LAW 12;

(iii) Striker 12;

(iv) Streetsweeper;

(v) all IZHMASH Saiga 12 types, including the IZHMASH Saiga 12, IZHMASH Saiga 12S, IZHMASH Saiga 12S EXP-01, IZHMASH Saiga 12K, IZHMASH Saiga 12K-030, and IZHMASH Saiga 12K-040 Taktika; and

(D) all belt-fed semiautomatic firearms, including TNWM2HB.

"Assault weapon" does not include any firearm that has been made permanently inoperable, or satisfies the definition of "antique firearm", so that the shroud protects the user of the firearm from heat generated by the barrel. The term does not include:

(i) a slide that partially or completely encloses the barrel; or

(ii) an extension of the stock along the bottom of the barrel which does not completely or substantially encircle the barrel.

"Detachable magazine" means any ammunition feeding device, the function of which is to deliver one or more ammunition cartridges into the firing chamber, which can be removed from the firearm without the use of any tool, including a bullet or ammunition cartridge. Large-capacity magazine means any ammunition feeding device with the capacity to accept more than 10 rounds, but shall not be construed to include the following:

(1) a feeding device that has been permanently altered so that it cannot accommodate more than ten rounds;

(2) a 22-caliber tube ammunition feeding device; or

(3) a tubular magazine that is contained in a lever-action firearm.

"Muzzle brake" means a device attached to the muzzle of a weapon that utilizes escaping gas to reduce recoil.

"Muzzle compensator" means a device attached to the muzzle of a weapon that utilizes escaping gas to control muzzle movement.

"Rocket" means any simple or complex tube-like device containing combustibles that on being ignited liberate gases whose action propels the device through the air and has a propellant charge of not more than 4 ounces.

"Grenade", "flare" or "rocket launcher" means an attachment for use on a firearm that is designed to propel a grenade, flare, rocket, or other similar destructive device. Belt-fed semiautomatic firearm means any repeating firearm that:

(1) utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round;

(2) requires a separate pull of the trigger to fire each cartridge; and

(3) has the capacity to accept a belt ammunition feeding device.

(b) Any person who, prior to the effective date of this amendatory Act of the 102nd General Assembly, lawfully possessed an assault weapon shall register the firearm with the Illinois State Police within 90 days after the effective date of this amendatory Act of the 102nd General Assembly and any person who acquired an assault weapon on or after the effective date of this amendatory Act of the 102nd General Assembly shall register the assault weapon with the Illinois State Police within 90 days after he or she purchased or was given the weapon.

(c) The registration shall contain a description of the assault weapon that identifies it uniquely, including all identification marks, the full name, address, date of birth, and thumbprint of the owner, and any other information that the Director of the Illinois State Police deems appropriate.

(d) The Illinois State Police may charge a fee for registration not to exceed the reasonable processing costs of the Illinois State Police. The fees shall be deposited into the State Police Firearm Services Fund.

(e) Registrations shall be submitted electronically via the Internet utilizing a public-facing application made available by the Illinois State Police.

(f) The registration shall contain a description of the assault weapon that identifies it uniquely, including all identification marks, the date the assault weapon was acquired, the name and address of the individual from whom, or business from which, the assault weapon was acquired, as well as the registrant's full name, address, telephone number, date of birth, sex, height, weight, eye color, hair color, and Illinois driver's license number or Illinois identification card number.

(g) The Director of the Illinois State Police shall adopt rules for the purpose of implementing this Section.

(h) Sentence. A violation of this Section is a Class A misdemeanor.