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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 2012 is amended by adding | |||||||||||||||||||||
5 | Sections 24-1.9 and 24-1.10 as follows: | |||||||||||||||||||||
6 | (720 ILCS 5/24-1.9 new) | |||||||||||||||||||||
7 | Sec. 24-1.9. Possession, delivery, sale, and purchase of | |||||||||||||||||||||
8 | assault weapons, .50 caliber rifles, and .50 caliber | |||||||||||||||||||||
9 | cartridges. | |||||||||||||||||||||
10 | (a) Definitions. In this Section: | |||||||||||||||||||||
11 | (1) "Assault weapon" means: | |||||||||||||||||||||
12 | (A) any rifle that has a belt fed ammunition | |||||||||||||||||||||
13 | system or which has a detachable magazine capable of | |||||||||||||||||||||
14 | holding more than 10 rounds of ammunition; | |||||||||||||||||||||
15 | (B) a semi-automatic rifle that has the ability to | |||||||||||||||||||||
16 | accept a detachable magazine and has any of the | |||||||||||||||||||||
17 | following: | |||||||||||||||||||||
18 | (i) a folding or telescoping stock; or | |||||||||||||||||||||
19 | (ii) a shroud that is attached to, or | |||||||||||||||||||||
20 | partially or completely encircles the barrel that | |||||||||||||||||||||
21 | permits the shooter to hold the firearm with the | |||||||||||||||||||||
22 | non-trigger hand without being burned; | |||||||||||||||||||||
23 | (C) a semi-automatic pistol that has the ability |
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1 | to accept a detachable magazine and has any of the | ||||||
2 | following: | ||||||
3 | (i) a folding or telescoping stock; | ||||||
4 | (ii) a shroud that is attached to, or | ||||||
5 | partially or completely encircles the barrel, that | ||||||
6 | permits the shooter to hold the firearm with the | ||||||
7 | non-trigger hand without being burned; or | ||||||
8 | (iii) a manufactured weight of 50 ounces or | ||||||
9 | more when the pistol is unloaded. | ||||||
10 | (D) a semi-automatic rifle with a fixed magazine | ||||||
11 | that has the capacity to accept more than 10 rounds of | ||||||
12 | ammunition; | ||||||
13 | (E) a semi-automatic shotgun that has: | ||||||
14 | (i) a folding or telescoping stock; and | ||||||
15 | (ii) contains its ammunition in a revolving | ||||||
16 | cylinder; or | ||||||
17 | (iii) a fixed magazine capacity in excess of 5 | ||||||
18 | rounds of ammunition, except as may be authorized | ||||||
19 | under the Wildlife Code and excluding magazine | ||||||
20 | extensions during the snow geese conservation | ||||||
21 | order season; or | ||||||
22 | (iv) an ability to accept a detachable | ||||||
23 | magazine of more than 5 rounds of ammunition. | ||||||
24 | "Assault weapon" does not include: | ||||||
25 | (A) any firearm that: | ||||||
26 | (i) is manually operated by bolt, pump, lever, |
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1 | or slide action; | ||||||
2 | (ii) is an unserviceable firearm or has been | ||||||
3 | made permanently inoperable; | ||||||
4 | (iii) is an antique firearm; | ||||||
5 | (iv) uses rimfire ammunition or cartridges;
or | ||||||
6 | (iv) has been excluded as an assault weapon in | ||||||
7 | a Department of Natural Resources rule. The | ||||||
8 | Department of Natural Resources shall have the | ||||||
9 | authority to adopt rules to further define | ||||||
10 | exclusions of assault weapon types under this | ||||||
11 | Section, provided the make, model, and caliber of | ||||||
12 | the firearm excluded has a viable application to | ||||||
13 | hunting game and conforms to accepted hunting | ||||||
14 | principles of fair chase; | ||||||
15 | (B) any air rifle as defined in Section 24.8-0.1 | ||||||
16 | of this Code. | ||||||
17 | In this Section, a firearm is considered to have the | ||||||
18 | ability to accept a detachable magazine unless the magazine or | ||||||
19 | ammunition feeding device can only be removed through | ||||||
20 | disassembly of the firearm action. | ||||||
21 | (2) "Assault weapon attachment" means any device | ||||||
22 | capable of being attached to a firearm that is | ||||||
23 | specifically designed for making or converting a firearm | ||||||
24 | into any of the firearms listed in paragraph (1) of this | ||||||
25 | subsection (a). | ||||||
26 | (3) "Antique firearm" has the meaning ascribed to it |
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1 | in 18 U.S.C. 921 (a)(16). | ||||||
2 | (4) ".50 caliber rifle" means a centerfire rifle | ||||||
3 | capable of firing a .50 caliber cartridge. The term does | ||||||
4 | not include any antique firearm, any shotgun including a | ||||||
5 | shotgun that has a rifle barrel, or any muzzle-loader | ||||||
6 | which uses black powder for hunting or historical | ||||||
7 | re-enactments. | ||||||
8 | (5) ".50 caliber cartridge" means a cartridge in .50 | ||||||
9 | BMG caliber, either by designation or actual measurement, | ||||||
10 | that is capable of being fired from a centerfire rifle. | ||||||
11 | The term ".50 caliber cartridge" does not include any | ||||||
12 | memorabilia or display item that is filled with a | ||||||
13 | permanent inert substance or that is otherwise permanently | ||||||
14 | altered in a manner that prevents ready modification for | ||||||
15 | use as live ammunition or shotgun ammunition with a | ||||||
16 | caliber measurement that is equal to or greater than .50 | ||||||
17 | caliber. | ||||||
18 | (6) "Locking mechanism" means secured by a device or | ||||||
19 | mechanism, other than the firearm safety, designed to | ||||||
20 | render a firearm temporarily inoperable; or a box or | ||||||
21 | container capable of containing the firearm and that can | ||||||
22 | be securely locked. | ||||||
23 | (b) The Illinois State Police shall take all steps | ||||||
24 | necessary to carry out the requirements of this Section within | ||||||
25 | 180 days after the effective date of this amendatory Act of the | ||||||
26 | 102nd General Assembly. |
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1 | (c) Except as provided in subsections (d), (e), (f), and | ||||||
2 | (h), on or after the effective date of this amendatory Act of | ||||||
3 | the 102nd General Assembly, it is unlawful for any person | ||||||
4 | within this State to knowingly deliver, sell, or purchase or | ||||||
5 | cause to be delivered, sold, or purchased or cause to be | ||||||
6 | possessed by another, an assault weapon, assault weapon | ||||||
7 | attachment, .50 caliber rifle, or .50 caliber cartridge. | ||||||
8 | (d) Except as otherwise provided in subsections (e), (f), | ||||||
9 | and (h), 300 days after the effective date of this amendatory | ||||||
10 | Act of the 102nd General Assembly, it is unlawful for any | ||||||
11 | person within this State to knowingly possess an assault | ||||||
12 | weapon, .50 caliber rifle, or .50 caliber cartridge. | ||||||
13 | (e) This Section does not apply to a person who possessed | ||||||
14 | an assault weapon or .50 caliber rifle prohibited by | ||||||
15 | subsection (d) of this Section before the effective date of | ||||||
16 | this amendatory Act of the 102nd General Assembly, provided | ||||||
17 | the person has provided in a registration affidavit, under | ||||||
18 | oath or affirmation and in the form and manner prescribed by | ||||||
19 | the Illinois State Police on or after 180 days after the | ||||||
20 | effective date of this amendatory Act of the 102nd General | ||||||
21 | Assembly but within 300 days after the effective date of this | ||||||
22 | amendatory Act of the 102nd General Assembly: | ||||||
23 | (1) his or her name; | ||||||
24 | (2) date of birth; | ||||||
25 | (3) Firearm Owner's Identification Card number; | ||||||
26 | (4) the make, model, caliber, and serial number of the |
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1 | weapon; and | ||||||
2 | (5) proof of a locking mechanism that properly fits | ||||||
3 | the weapon. The affidavit shall include a statement that | ||||||
4 | the weapon is owned by the person submitting the affidavit | ||||||
5 | and that he or she owns a locking mechanism for the weapon. | ||||||
6 | The affidavit form shall include the following statement | ||||||
7 | printed in bold type: "Warning: Entering false information on | ||||||
8 | this form is punishable as perjury under Section 32-2 of the | ||||||
9 | Criminal Code of 2012." | ||||||
10 | Beginning 300 days after the effective date of this | ||||||
11 | amendatory Act of the 102nd General Assembly, the person may | ||||||
12 | transfer the assault weapon or .50 caliber rifle only to an | ||||||
13 | heir, an individual residing in another state maintaining it | ||||||
14 | in another state, or a dealer licensed as a federal firearms | ||||||
15 | dealer under Section 923 of the federal Gun Control Act of | ||||||
16 | 1968. Within 10 days after transfer of the weapon except to an | ||||||
17 | heir, the person shall notify the Illinois State Police of the | ||||||
18 | name and address of the transferee and comply with the | ||||||
19 | requirements of subsection (b) of Section 3 of the Firearm | ||||||
20 | Owners Identification Card Act. The person to whom the weapon | ||||||
21 | is transferred shall, within 60 days of the transfer, complete | ||||||
22 | an affidavit and pay the required registration fee under this | ||||||
23 | Section. A person to whom the weapon is transferred may | ||||||
24 | transfer it only as provided in this subsection. | ||||||
25 | (f) This Section does not apply to a peace officer who has | ||||||
26 | retired in good standing from a law enforcement agency of this |
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1 | State and who possesses an assault weapon or .50 caliber rifle | ||||||
2 | prohibited by subsection (d), if the weapon was lawfully | ||||||
3 | possessed and acquired by the peace officer prior to | ||||||
4 | retirement and the retired peace officer within 30 days of | ||||||
5 | retirement registers the weapon with the Illinois State Police | ||||||
6 | and pays the required registration fee under this Section. The | ||||||
7 | retired peace officer shall comply with the transfer and | ||||||
8 | notification requirements in subsection (e). | ||||||
9 | (g) For the purpose of registration required under | ||||||
10 | subsections (e) and (f), the Illinois State Police shall | ||||||
11 | assess a registration fee of $25 per person to the owner of an | ||||||
12 | assault weapon and $25 per person to the owner of a .50 caliber | ||||||
13 | rifle. The fees shall be deposited into the State Police | ||||||
14 | Firearm Services Fund. | ||||||
15 | (h) This Section does not apply to or affect any of the | ||||||
16 | following: | ||||||
17 | (1) Peace officers as defined in Section 2-13 of this | ||||||
18 | Code. | ||||||
19 | (2) Acquisition and possession by a local law | ||||||
20 | enforcement agency for the purpose of equipping the | ||||||
21 | agency's peace officers as defined in paragraph (1) of | ||||||
22 | this subsection (h). | ||||||
23 | (3) Wardens, superintendents, and keepers of prisons, | ||||||
24 | penitentiaries, jails, and other institutions for the | ||||||
25 | detention of persons accused or convicted of an offense. | ||||||
26 | (4) Members of the Armed Services or Reserve Forces of |
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1 | the United States or the Illinois National Guard, while in | ||||||
2 | the performance of their official duties or while | ||||||
3 | traveling to or from their place of duty. | ||||||
4 | (5) Any company that employs armed security officers | ||||||
5 | in this State at a nuclear energy, storage, weapons, or | ||||||
6 | development site or facility regulated by the federal | ||||||
7 | Nuclear Regulatory Commission and persons employed as an | ||||||
8 | armed security force member at a nuclear energy, storage, | ||||||
9 | weapons, or development site or facility regulated by the | ||||||
10 | federal Nuclear Regulatory Commission who have completed | ||||||
11 | the background screening and training mandated by the | ||||||
12 | rules and regulations of the federal Nuclear Regulatory | ||||||
13 | Commission and while in the performance of their official | ||||||
14 | duties. | ||||||
15 | (6) Manufacture, transportation, or sale of weapons, | ||||||
16 | attachments, or ammunition to persons authorized under | ||||||
17 | subdivisions (1) through (5) of this subsection (h) to | ||||||
18 | possess those items. | ||||||
19 | (7) Manufacture, transportation, or sale of weapons, | ||||||
20 | attachments, or ammunition for sale or transfer in another | ||||||
21 | state. | ||||||
22 | (8) Possession of any firearm if that firearm is | ||||||
23 | sanctioned by the International Olympic Committee and by | ||||||
24 | USA Shooting, the national governing body for | ||||||
25 | international shooting competition in the United States, | ||||||
26 | but only when the firearm is in the actual possession of an |
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1 | Olympic target shooting competitor or target shooting | ||||||
2 | coach for the purpose of storage, transporting to and from | ||||||
3 | Olympic target shooting practice or events if the firearm | ||||||
4 | is broken down in a non-functioning state, is not | ||||||
5 | immediately accessible, or is unloaded and enclosed in a | ||||||
6 | firearm case, carrying box, shipping box, or other similar | ||||||
7 | portable container designed for the safe transportation of | ||||||
8 | firearms, and when the Olympic target shooting competitor | ||||||
9 | or target shooting coach is engaging in those practices or | ||||||
10 | events. For the purposes of this paragraph (8), "firearm" | ||||||
11 | is as defined in Section 1.1 of the Firearm Owners | ||||||
12 | Identification Card Act. | ||||||
13 | (9) Any non-resident who transports, within 24 hours, | ||||||
14 | a weapon for any lawful purpose from any place where he or | ||||||
15 | she may lawfully possess and carry that weapon to any | ||||||
16 | other place where he or she may lawfully possess and carry | ||||||
17 | that weapon if, during the transportation the weapon is | ||||||
18 | unloaded, and neither the weapon nor any ammunition being | ||||||
19 | transported is readily accessible or is directly | ||||||
20 | accessible from the passenger compartment of the | ||||||
21 | transporting vehicle. Provided that, in the case of a | ||||||
22 | vehicle without a compartment separate from the driver's | ||||||
23 | compartment the weapon or ammunition shall be contained in | ||||||
24 | a locked container other than the glove compartment or | ||||||
25 | console. | ||||||
26 | (10) Possession of a weapon at events taking place at |
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1 | the World Shooting and Recreational Complex at Sparta, | ||||||
2 | only while engaged in the legal use of this weapon, or | ||||||
3 | while traveling to or from this location if the weapon is | ||||||
4 | broken down in a non-functioning state, or is not | ||||||
5 | immediately accessible, or is unloaded and enclosed in a | ||||||
6 | firearm case, carrying box, shipping box, or other similar | ||||||
7 | portable container designed for the safe transportation of | ||||||
8 | firearms. | ||||||
9 | (11) Possession of a weapon only for hunting use | ||||||
10 | expressly permitted under the Wildlife Code, or while | ||||||
11 | traveling to or from a location authorized for this | ||||||
12 | hunting use under the Wildlife Code if the weapon is | ||||||
13 | broken down in a non-functioning state, or is not | ||||||
14 | immediately accessible, or is unloaded and enclosed in a | ||||||
15 | firearm case, carrying box, shipping box, or other similar | ||||||
16 | portable container designed for the safe transportation of | ||||||
17 | firearms. | ||||||
18 | (12) The manufacture, transportation, possession, | ||||||
19 | sale, or rental of blank-firing assault weapons and .50 | ||||||
20 | caliber rifles, or the weapon's respective attachments, to | ||||||
21 | persons authorized or permitted, or both authorized and | ||||||
22 | permitted to acquire and possess these weapons or | ||||||
23 | attachments for the purpose of rental for use solely as | ||||||
24 | props for a motion picture, television, or video | ||||||
25 | production or entertainment event. | ||||||
26 | (i) Sentence. |
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1 | (1) A person who knowingly delivers, sells, purchases, | ||||||
2 | or possesses or causes to be delivered, sold, purchased, | ||||||
3 | or possessed an assault weapon in violation of this | ||||||
4 | Section commits a Class 3 felony for a first violation and | ||||||
5 | a Class 2 felony for a second or subsequent violation or | ||||||
6 | for the possession or delivery of 2 or more of these | ||||||
7 | weapons at the same time. | ||||||
8 | (2) A person who knowingly delivers, sells, purchases, | ||||||
9 | or possesses or causes to be delivered, sold, purchased, | ||||||
10 | or possessed in violation of this Section an assault | ||||||
11 | weapon attachment commits a Class 4 felony for a first | ||||||
12 | violation and a Class 3 felony for a second or subsequent | ||||||
13 | violation. | ||||||
14 | (3) A person who knowingly delivers, sells, purchases, | ||||||
15 | or possesses or causes to be delivered, sold, purchased, | ||||||
16 | or possessed in violation of this Section a .50 caliber | ||||||
17 | rifle commits a Class 3 felony for a first violation and a | ||||||
18 | Class 2 felony for a second or subsequent violation or for | ||||||
19 | the possession or delivery of 2 or more of these weapons at | ||||||
20 | the same time. | ||||||
21 | (4) A person who knowingly delivers, sells, purchases, | ||||||
22 | or possesses or causes to be delivered, sold, purchased, | ||||||
23 | or possessed in violation of this Section a .50 caliber | ||||||
24 | cartridge commits a Class A misdemeanor. | ||||||
25 | (5) Any other violation of this Section is a Class A | ||||||
26 | misdemeanor. |
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1 | (720 ILCS 5/24-1.10 new) | ||||||
2 | Sec. 24-1.10. Delivery or sale of large capacity | ||||||
3 | ammunition feeding devices. | ||||||
4 | (a) In this Section: | ||||||
5 | "Large capacity ammunition feeding device" means: | ||||||
6 | (1) a magazine, belt, drum, feed strip, or similar | ||||||
7 | device that has a capacity of, or that can be readily | ||||||
8 | restored or converted to accept, more than 10 rounds of | ||||||
9 | ammunition; or | ||||||
10 | (2) any combination of parts from which a device | ||||||
11 | described in paragraph (1) can be assembled. | ||||||
12 | "Large capacity ammunition feeding device" does not | ||||||
13 | include an attached tubular device designed to accept, and | ||||||
14 | capable of operating only with, .22 caliber rimfire | ||||||
15 | ammunition. "Large capacity ammunition feeding device" does | ||||||
16 | not include a tubular magazine
that is contained in a | ||||||
17 | lever-action firearm or any device that has been made | ||||||
18 | permanently inoperable. | ||||||
19 | (b) Except as provided in subsection (c), it is unlawful | ||||||
20 | for any person within this State to knowingly deliver, sell, | ||||||
21 | purchase, or possess or cause to be delivered, sold, or | ||||||
22 | purchased a large capacity ammunition feeding device. | ||||||
23 | (c) This Section does not apply to or affect any of the | ||||||
24 | following: | ||||||
25 | (1) Peace officers as defined in Section 2-13 of this |
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1 | Code. | ||||||
2 | (2) A local law enforcement agency for the purpose of | ||||||
3 | equipping the agency's peace officers as defined in | ||||||
4 | paragraph (1) of this subsection (c). | ||||||
5 | (3) Wardens, superintendents, and keepers of prisons, | ||||||
6 | penitentiaries, jails, and other institutions for the | ||||||
7 | detention of persons accused or convicted of an offense. | ||||||
8 | (4) Members of the Armed Services or Reserve Forces of | ||||||
9 | the United States or the Illinois National Guard, for the | ||||||
10 | performance of their official duties. | ||||||
11 | (5) Any company that employs armed security officers | ||||||
12 | in this State at a nuclear energy, storage, weapons, or | ||||||
13 | development site or facility regulated by the federal | ||||||
14 | Nuclear Regulatory Commission and persons employed as an | ||||||
15 | armed security force member at a nuclear energy, storage, | ||||||
16 | weapons, or development site or facility regulated by the | ||||||
17 | federal Nuclear Regulatory Commission who have completed | ||||||
18 | the background screening and training mandated by the | ||||||
19 | rules and regulations of the federal Nuclear Regulatory | ||||||
20 | Commission for the performance of their official duties. | ||||||
21 | (6) Sale of large capacity ammunition feeding devices | ||||||
22 | to persons authorized under subdivisions (1) through (5) | ||||||
23 | of this subsection (c) to possess those devices. | ||||||
24 | (7) Sale of large capacity ammunition feeding devices | ||||||
25 | for sale or transfer in another state. | ||||||
26 | (8) Sale or rental of large capacity ammunition |
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1 | feeding devices for blank-firing assault weapons and .50 | ||||||
2 | caliber rifles, to persons authorized or permitted, or | ||||||
3 | both authorized and permitted to acquire these devices for | ||||||
4 | the purpose of rental for use solely as props for a motion | ||||||
5 | picture, television, or video production or entertainment | ||||||
6 | event. | ||||||
7 | (d) Sentence. A person who knowingly delivers, sells, | ||||||
8 | purchases, or causes to be delivered, sold, or purchased in | ||||||
9 | violation of this Section a large capacity ammunition feeding | ||||||
10 | device capable of holding more than 15 rounds of ammunition | ||||||
11 | commits a Class 3 felony for a first violation and a Class 2 | ||||||
12 | felony for a second or subsequent violation or for delivery or | ||||||
13 | possession of 2 or more of these devices at the same time. Any | ||||||
14 | other violation of this Section is a Class A misdemeanor.
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