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Rep. Harry Benton
Filed: 4/2/2024
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1 | | AMENDMENT TO HOUSE BILL 5254
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2 | | AMENDMENT NO. ______. Amend House Bill 5254 by replacing |
3 | | everything after the enacting clause with the following: |
4 | | "Section 5. The Criminal Code of 2012 is amended by |
5 | | changing Section 24-1.9 as follows: |
6 | | (720 ILCS 5/24-1.9) |
7 | | Sec. 24-1.9. Manufacture, possession, delivery, sale, and |
8 | | purchase of assault weapons, .50 caliber rifles, and .50 |
9 | | caliber cartridges. |
10 | | (a) Definitions. In this Section: |
11 | | (1) "Assault weapon" means any of the following, except as |
12 | | provided in subdivision (2) of this subsection: |
13 | | (A) A semiautomatic rifle that has the capacity to |
14 | | accept a detachable magazine or that may be readily |
15 | | modified to accept a detachable magazine, if the firearm |
16 | | has one or more of the following: |
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1 | | (i) a pistol grip or thumbhole stock; |
2 | | (ii) any feature capable of functioning as a |
3 | | protruding grip that can be held by the non-trigger |
4 | | hand; |
5 | | (iii) a folding, telescoping, thumbhole, or |
6 | | detachable stock, or a stock that is otherwise |
7 | | foldable or adjustable in a manner that operates to |
8 | | reduce the length, size, or any other dimension, or |
9 | | otherwise enhances the concealability of, the weapon; |
10 | | (iv) a flash suppressor; |
11 | | (v) a grenade launcher; |
12 | | (vi) a shroud attached to the barrel or that |
13 | | partially or completely encircles the barrel, allowing |
14 | | the bearer to hold the firearm with the non-trigger |
15 | | hand without being burned, but excluding a slide that |
16 | | encloses the barrel. |
17 | | (B) A semiautomatic rifle that has a fixed magazine |
18 | | with the capacity to accept more than 10 rounds, except |
19 | | for an attached tubular device designed to accept, and |
20 | | capable of operating only with, .22 caliber rimfire |
21 | | ammunition. |
22 | | (C) A semiautomatic pistol that has the capacity to |
23 | | accept a detachable magazine or that may be readily |
24 | | modified to accept a detachable magazine, if the firearm |
25 | | has one or more of the following: |
26 | | (i) a threaded barrel; |
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1 | | (ii) a second pistol grip or another feature |
2 | | capable of functioning as a protruding grip that can |
3 | | be held by the non-trigger hand; |
4 | | (iii) a shroud attached to the barrel or that |
5 | | partially or completely encircles the barrel, allowing |
6 | | the bearer to hold the firearm with the non-trigger |
7 | | hand without being burned, but excluding a slide that |
8 | | encloses the barrel; |
9 | | (iv) a flash suppressor; |
10 | | (v) the capacity to accept a detachable magazine |
11 | | at some location outside of the pistol grip; or |
12 | | (vi) a buffer tube, arm brace, or other part that |
13 | | protrudes horizontally behind the pistol grip and is |
14 | | designed or redesigned to allow or facilitate a |
15 | | firearm to be fired from the shoulder. |
16 | | (D) A semiautomatic pistol that has a fixed magazine |
17 | | with the capacity to accept more than 15 rounds. |
18 | | (E) Any shotgun with a revolving cylinder. |
19 | | (F) A semiautomatic shotgun that has one or more of |
20 | | the following: |
21 | | (i) a pistol grip or thumbhole stock; |
22 | | (ii) any feature capable of functioning as a |
23 | | protruding grip that can be held by the non-trigger |
24 | | hand; |
25 | | (iii) a folding or thumbhole stock; |
26 | | (iv) a grenade launcher; |
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1 | | (v) a fixed magazine with the capacity of more |
2 | | than 5 rounds; or |
3 | | (vi) the capacity to accept a detachable magazine. |
4 | | (G) Any semiautomatic firearm that has the capacity to |
5 | | accept a belt ammunition feeding device. |
6 | | (H) Any firearm that has been modified to be operable |
7 | | as an assault weapon as defined in this Section. |
8 | | (I) Any part or combination of parts designed or |
9 | | intended to convert a firearm into an assault weapon, |
10 | | including any combination of parts from which an assault |
11 | | weapon may be readily assembled if those parts are in the |
12 | | possession or under the control of the same person. |
13 | | (J) All of the following rifles, copies, duplicates, |
14 | | variants, or altered facsimiles with the capability of any |
15 | | such weapon: |
16 | | (i) All AK types, including the following: |
17 | | (I) AK, AK47, AK47S, AK-74, AKM, AKS, ARM, |
18 | | MAK90, MISR, NHM90, NHM91, SA85, SA93, Vector Arms |
19 | | AK-47, VEPR, WASR-10, and WUM. |
20 | | (II) IZHMASH Saiga AK. |
21 | | (III) MAADI AK47 and ARM. |
22 | | (IV) Norinco 56S, 56S2, 84S, and 86S. |
23 | | (V) Poly Technologies AK47 and AKS. |
24 | | (VI) SKS with a detachable magazine. |
25 | | (ii) all AR types, including the following: |
26 | | (I) AR-10. |
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1 | | (II) AR-15. |
2 | | (III) Alexander Arms Overmatch Plus 16. |
3 | | (IV) Armalite M15 22LR Carbine. |
4 | | (V) Armalite M15-T. |
5 | | (VI) Barrett REC7. |
6 | | (VII) Beretta AR-70. |
7 | | (VIII) Black Rain Ordnance Recon Scout. |
8 | | (IX) Bushmaster ACR. |
9 | | (X) Bushmaster Carbon 15. |
10 | | (XI) Bushmaster MOE series. |
11 | | (XII) Bushmaster XM15. |
12 | | (XIII) Chiappa Firearms MFour rifles. |
13 | | (XIV) Colt Match Target rifles. |
14 | | (XV) CORE Rifle Systems CORE15 rifles. |
15 | | (XVI) Daniel Defense M4A1 rifles. |
16 | | (XVII) Devil Dog Arms 15 Series rifles. |
17 | | (XVIII) Diamondback DB15 rifles. |
18 | | (XIX) DoubleStar AR rifles. |
19 | | (XX) DPMS Tactical rifles. |
20 | | (XXI) DSA Inc. ZM-4 Carbine. |
21 | | (XXII) Heckler & Koch MR556. |
22 | | (XXIII) High Standard HSA-15 rifles. |
23 | | (XXIV) Jesse James Nomad AR-15 rifle. |
24 | | (XXV) Knight's Armament SR-15. |
25 | | (XXVI) Lancer L15 rifles. |
26 | | (XXVII) MGI Hydra Series rifles. |
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1 | | (XXVIII) Mossberg MMR Tactical rifles. |
2 | | (XXIX) Noreen Firearms BN 36 rifle. |
3 | | (XXX) Olympic Arms. |
4 | | (XXXI) POF USA P415. |
5 | | (XXXII) Precision Firearms AR rifles. |
6 | | (XXXIII) Remington R-15 rifles. |
7 | | (XXXIV) Rhino Arms AR rifles. |
8 | | (XXXV) Rock River Arms LAR-15 or Rock River |
9 | | Arms LAR-47. |
10 | | (XXXVI) Sig Sauer SIG516 rifles and MCX |
11 | | rifles. |
12 | | (XXXVII) Smith & Wesson M&P15 rifles. |
13 | | (XXXVIII) Stag Arms AR rifles. |
14 | | (XXXIX) Sturm, Ruger & Co. SR556 and AR-556 |
15 | | rifles. |
16 | | (XL) Uselton Arms Air-Lite M-4 rifles. |
17 | | (XLI) Windham Weaponry AR rifles. |
18 | | (XLII) WMD Guns Big Beast. |
19 | | (XLIII) Yankee Hill Machine Company, Inc. |
20 | | YHM-15 rifles. |
21 | | (iii) Barrett M107A1. |
22 | | (iv) Barrett M82A1. |
23 | | (v) Beretta CX4 Storm. |
24 | | (vi) Calico Liberty Series. |
25 | | (vii) CETME Sporter. |
26 | | (viii) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and |
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1 | | AR 110C. |
2 | | (ix) Fabrique Nationale/FN Herstal FAL, LAR, 22 |
3 | | FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000. |
4 | | (x) Feather Industries AT-9. |
5 | | (xi) Galil Model AR and Model ARM. |
6 | | (xii) Hi-Point Carbine. |
7 | | (xiii) HK-91, HK-93, HK-94, HK-PSG-1, and HK USC. |
8 | | (xiv) IWI TAVOR, Galil ACE rifle. |
9 | | (xv) Kel-Tec Sub-2000, SU-16, and RFB. |
10 | | (xvi) SIG AMT, SIG PE-57, Sig Sauer SG 550, Sig |
11 | | Sauer SG 551, and SIG MCX. |
12 | | (xvii) Springfield Armory SAR-48. |
13 | | (xviii) Steyr AUG. |
14 | | (xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle |
15 | | M-14/20CF. |
16 | | (xx) All Thompson rifles, including the following: |
17 | | (I) Thompson M1SB. |
18 | | (II) Thompson T1100D. |
19 | | (III) Thompson T150D. |
20 | | (IV) Thompson T1B. |
21 | | (V) Thompson T1B100D. |
22 | | (VI) Thompson T1B50D. |
23 | | (VII) Thompson T1BSB. |
24 | | (VIII) Thompson T1-C. |
25 | | (IX) Thompson T1D. |
26 | | (X) Thompson T1SB. |
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1 | | (XI) Thompson T5. |
2 | | (XII) Thompson T5100D. |
3 | | (XIII) Thompson TM1. |
4 | | (XIV) Thompson TM1C. |
5 | | (xxi) UMAREX UZI rifle. |
6 | | (xxii) UZI Mini Carbine, UZI Model A Carbine, and |
7 | | UZI Model B Carbine. |
8 | | (xxiii) Valmet M62S, M71S, and M78. |
9 | | (xxiv) Vector Arms UZI Type. |
10 | | (xxv) Weaver Arms Nighthawk. |
11 | | (xxvi) Wilkinson Arms Linda Carbine. |
12 | | (K) All of the following pistols, copies, duplicates, |
13 | | variants, or altered facsimiles with the capability of any |
14 | | such weapon thereof: |
15 | | (i) All AK types, including the following: |
16 | | (I) Centurion 39 AK pistol. |
17 | | (II) CZ Scorpion pistol. |
18 | | (III) Draco AK-47 pistol. |
19 | | (IV) HCR AK-47 pistol. |
20 | | (V) IO Inc. Hellpup AK-47 pistol. |
21 | | (VI) Krinkov pistol. |
22 | | (VII) Mini Draco AK-47 pistol. |
23 | | (VIII) PAP M92 pistol. |
24 | | (IX) Yugo Krebs Krink pistol. |
25 | | (ii) All AR types, including the following: |
26 | | (I) American Spirit AR-15 pistol. |
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1 | | (II) Bushmaster Carbon 15 pistol. |
2 | | (III) Chiappa Firearms M4 Pistol GEN II. |
3 | | (IV) CORE Rifle Systems CORE15 Roscoe pistol. |
4 | | (V) Daniel Defense MK18 pistol. |
5 | | (VI) DoubleStar Corporation AR pistol. |
6 | | (VII) DPMS AR-15 pistol. |
7 | | (VIII) Jesse James Nomad AR-15 pistol. |
8 | | (IX) Olympic Arms AR-15 pistol. |
9 | | (X) Osprey Armament MK-18 pistol. |
10 | | (XI) POF USA AR pistols. |
11 | | (XII) Rock River Arms LAR 15 pistol. |
12 | | (XIII) Uselton Arms Air-Lite M-4 pistol. |
13 | | (iii) Calico pistols. |
14 | | (iv) DSA SA58 PKP FAL pistol. |
15 | | (v) Encom MP-9 and MP-45. |
16 | | (vi) Heckler & Koch model SP-89 pistol. |
17 | | (vii) Intratec AB-10, TEC-22 Scorpion, TEC-9, and |
18 | | TEC-DC9. |
19 | | (viii) IWI Galil Ace pistol, UZI PRO pistol. |
20 | | (ix) Kel-Tec PLR 16 pistol. |
21 | | (x) All MAC types, including the following: |
22 | | (I) MAC-10. |
23 | | (II) MAC-11. |
24 | | (III) Masterpiece Arms MPA A930 Mini Pistol, |
25 | | MPA460 Pistol, MPA Tactical Pistol, and MPA Mini |
26 | | Tactical Pistol. |
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1 | | (IV) Military Armament Corp. Ingram M-11. |
2 | | (V) Velocity Arms VMAC. |
3 | | (xi) Sig Sauer P556 pistol. |
4 | | (xii) Sites Spectre. |
5 | | (xiii) All Thompson types, including the |
6 | | following: |
7 | | (I) Thompson TA510D. |
8 | | (II) Thompson TA5. |
9 | | (xiv) All UZI types, including Micro-UZI. |
10 | | (L) All of the following shotguns, copies, duplicates, |
11 | | variants, or altered facsimiles with the capability of any |
12 | | such weapon thereof: |
13 | | (i) DERYA Anakon MC-1980, Anakon SD12. |
14 | | (ii) Doruk Lethal shotguns. |
15 | | (iii) Franchi LAW-12 and SPAS 12. |
16 | | (iv) All IZHMASH Saiga 12 types, including the |
17 | | following: |
18 | | (I) IZHMASH Saiga 12. |
19 | | (II) IZHMASH Saiga 12S. |
20 | | (III) IZHMASH Saiga 12S EXP-01. |
21 | | (IV) IZHMASH Saiga 12K. |
22 | | (V) IZHMASH Saiga 12K-030. |
23 | | (VI) IZHMASH Saiga 12K-040 Taktika. |
24 | | (v) Streetsweeper. |
25 | | (vi) Striker 12. |
26 | | (2) "Assault weapon" does not include: |
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1 | | (A) Any firearm that is an unserviceable firearm or |
2 | | has been made permanently inoperable. |
3 | | (B) An antique firearm or a replica of an antique |
4 | | firearm. |
5 | | (C) A firearm that is manually operated by bolt, pump, |
6 | | lever or slide action, unless the firearm is a shotgun |
7 | | with a revolving cylinder. |
8 | | (D) Any air rifle as defined in Section 24.8-0.1 of |
9 | | this Code. |
10 | | (E) Any handgun, as defined under the Firearm |
11 | | Concealed Carry Act, unless otherwise listed in this |
12 | | Section. |
13 | | (3) "Assault weapon attachment" means any device capable |
14 | | of being attached to a firearm that is specifically designed |
15 | | for making or converting a firearm into any of the firearms |
16 | | listed in paragraph (1) of this subsection (a). |
17 | | (4) "Antique firearm" has the meaning ascribed to it in 18 |
18 | | U.S.C. 921(a)(16). |
19 | | (5) ".50 caliber rifle" means a centerfire rifle capable |
20 | | of firing a .50 caliber cartridge. The term does not include |
21 | | any antique firearm, any shotgun including a shotgun that has |
22 | | a rifle barrel, or any muzzle-loader which uses black powder |
23 | | for hunting or historical reenactments. |
24 | | (6) ".50 caliber cartridge" means a cartridge in .50 BMG |
25 | | caliber, either by designation or actual measurement, that is |
26 | | capable of being fired from a centerfire rifle. The term ".50 |
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1 | | caliber cartridge" does not include any memorabilia or display |
2 | | item that is filled with a permanent inert substance or that is |
3 | | otherwise permanently altered in a manner that prevents ready |
4 | | modification for use as live ammunition or shotgun ammunition |
5 | | with a caliber measurement that is equal to or greater than .50 |
6 | | caliber. |
7 | | (7) "Detachable magazine" means an ammunition feeding |
8 | | device that may be removed from a firearm without disassembly |
9 | | of the firearm action, including an ammunition feeding device |
10 | | that may be readily removed from a firearm with the use of a |
11 | | bullet, cartridge, accessory, or other tool, or any other |
12 | | object that functions as a tool, including a bullet or |
13 | | cartridge. |
14 | | (8) "Fixed magazine" means an ammunition feeding device |
15 | | that is permanently attached to a firearm, or contained in and |
16 | | not removable from a firearm, or that is otherwise not a |
17 | | detachable magazine, but does not include an attached tubular |
18 | | device designed to accept, and capable of operating only with, |
19 | | .22 caliber rimfire ammunition. |
20 | | (b) Except as provided in subsections (c), (d), and (e), |
21 | | on or after January 10, 2023 ( the effective date of Public Act |
22 | | 102-1116) this amendatory Act of the 102nd General Assembly , |
23 | | it is unlawful for any person within this State to knowingly |
24 | | manufacture, deliver, sell, import, or purchase or cause to be |
25 | | manufactured, delivered, sold, imported, or purchased by |
26 | | another, an assault weapon, assault weapon attachment, .50 |
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1 | | caliber rifle, or .50 caliber cartridge. |
2 | | (c) Except as otherwise provided in subsection (d), |
3 | | beginning January 1, 2024, it is unlawful for any person |
4 | | within this State to knowingly possess an assault weapon, |
5 | | assault weapon attachment, .50 caliber rifle, or .50 caliber |
6 | | cartridge. |
7 | | (d) This Section does not apply to a person's possession |
8 | | of an assault weapon, assault weapon attachment, .50 caliber |
9 | | rifle, or .50 caliber cartridge device if the person lawfully |
10 | | possessed that assault weapon, assault weapon attachment, .50 |
11 | | caliber rifle, or .50 caliber cartridge prohibited by |
12 | | subsection (c) of this Section, if the person has provided in |
13 | | an endorsement affidavit, prior to January 1, 2024, under oath |
14 | | or affirmation and in the form and manner prescribed by the |
15 | | Illinois State Police, no later than October 1, 2023: |
16 | | (1) the affiant's Firearm Owner's Identification Card |
17 | | number; |
18 | | (2) an affirmation that the affiant: (i) possessed an |
19 | | assault weapon, assault weapon attachment, .50 caliber |
20 | | rifle, or .50 caliber cartridge before January 10, 2023 |
21 | | ( the effective date of Public Act 102-1116) this |
22 | | amendatory Act of the 102nd General Assembly ; or (ii) |
23 | | inherited the assault weapon, assault weapon attachment, |
24 | | .50 caliber rifle, or .50 caliber cartridge from a person |
25 | | with an endorsement under this Section or from a person |
26 | | authorized under subdivisions (1) through (5) of |
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1 | | subsection (e) to possess the assault weapon, assault |
2 | | weapon attachment, .50 caliber rifle, or .50 caliber |
3 | | cartridge; and |
4 | | (3) the make, model, caliber, and serial number of the |
5 | | .50 caliber rifle or assault weapon or assault weapons |
6 | | listed in paragraphs (J), (K), and (L) of subdivision (1) |
7 | | of subsection (a) of this Section possessed by the affiant |
8 | | prior to January 10, 2023 ( the effective date of Public |
9 | | Act 102-1116) this amendatory Act of the 102nd General |
10 | | Assembly and any assault weapons identified and published |
11 | | by the Illinois State Police pursuant to this subdivision |
12 | | (3). No later than October 1, 2023, and every October 1 |
13 | | thereafter, the Illinois State Police shall, via |
14 | | rulemaking, identify, publish, and make available on its |
15 | | website, the list of assault weapons subject to an |
16 | | endorsement affidavit under this subsection (d). The list |
17 | | shall identify, but is not limited to, the copies, |
18 | | duplicates, variants, and altered facsimiles of the |
19 | | assault weapons identified in paragraphs (J), (K), and (L) |
20 | | of subdivision (1) of subsection (a) of this Section and |
21 | | shall be consistent with the definition of "assault |
22 | | weapon" identified in this Section. The Illinois State |
23 | | Police may adopt emergency rulemaking in accordance with |
24 | | Section 5-45 of the Illinois Administrative Procedure Act. |
25 | | The adoption of emergency rules authorized by Section 5-45 |
26 | | of the Illinois Administrative Procedure Act and this |
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1 | | paragraph is deemed to be necessary for the public |
2 | | interest, safety, and welfare. |
3 | | The affidavit form shall include the following statement |
4 | | printed in bold type: "Warning: Entering false information on |
5 | | this form is punishable as perjury under Section 32-2 of the |
6 | | Criminal Code of 2012. Entering false information on this form |
7 | | is a violation of the Firearm Owners Identification Card Act." |
8 | | In any administrative, civil, or criminal proceeding in |
9 | | this State, a completed endorsement affidavit submitted to the |
10 | | Illinois State Police by a person under this Section creates a |
11 | | rebuttable presumption that the person is entitled to possess |
12 | | and transport the assault weapon, assault weapon attachment, |
13 | | .50 caliber rifle, or .50 caliber cartridge. |
14 | | Beginning 90 days after January 10, 2023 ( the effective |
15 | | date of Public Act 102-1116) this amendatory Act of the 102nd |
16 | | General Assembly , a person authorized under this Section to |
17 | | possess an assault weapon, assault weapon attachment, .50 |
18 | | caliber rifle, or .50 caliber cartridge shall possess such |
19 | | items only: |
20 | | (1) on private property owned or immediately |
21 | | controlled by the person; |
22 | | (2) on private property that is not open to the public |
23 | | with the express permission of the person who owns or |
24 | | immediately controls such property; |
25 | | (3) while on the premises of a licensed firearms |
26 | | dealer or gunsmith for the purpose of lawful repair; |
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1 | | (4) while engaged in the legal use of the assault |
2 | | weapon, assault weapon attachment, .50 caliber rifle, or |
3 | | .50 caliber cartridge at a properly licensed firing range |
4 | | or sport shooting competition venue; or |
5 | | (5) while traveling to or from these locations, |
6 | | provided that the assault weapon, assault weapon |
7 | | attachment, or .50 caliber rifle is unloaded and the |
8 | | assault weapon, assault weapon attachment, .50 caliber |
9 | | rifle, or .50 caliber cartridge is enclosed in a case, |
10 | | firearm carrying box, shipping box, or other container. |
11 | | Beginning on January 1, 2024, the person with the |
12 | | endorsement for an assault weapon, assault weapon attachment, |
13 | | .50 caliber rifle, or .50 caliber cartridge or a person |
14 | | authorized under subdivisions (1) through (5) of subsection |
15 | | (e) to possess an assault weapon, assault weapon attachment, |
16 | | .50 caliber rifle, or .50 caliber cartridge may transfer the |
17 | | assault weapon, assault weapon attachment, .50 caliber rifle, |
18 | | or .50 caliber cartridge only to an heir, an individual |
19 | | residing in another state maintaining it in another state, or |
20 | | a dealer licensed as a federal firearms dealer under Section |
21 | | 923 of the federal Gun Control Act of 1968. Within 10 days |
22 | | after transfer of the weapon except to an heir, the person |
23 | | shall notify the Illinois State Police of the name and address |
24 | | of the transferee and comply with the requirements of |
25 | | subsection (b) of Section 3 of the Firearm Owners |
26 | | Identification Card Act. The person to whom the weapon or |
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1 | | ammunition is transferred shall, within 60 days of the |
2 | | transfer, complete an affidavit required under this Section. A |
3 | | person to whom the weapon is transferred may transfer it only |
4 | | as provided in this subsection. |
5 | | Except as provided in subsection (e) and beginning on |
6 | | January 1, 2024, any person who moves into this State in |
7 | | possession of an assault weapon, assault weapon attachment, |
8 | | .50 caliber rifle, or .50 caliber cartridge shall, within 60 |
9 | | days, apply for a Firearm Owners Identification Card and |
10 | | complete an endorsement application as outlined in subsection |
11 | | (d). |
12 | | Notwithstanding any other law, information contained in |
13 | | the endorsement affidavit shall be confidential, is exempt |
14 | | from disclosure under the Freedom of Information Act, and |
15 | | shall not be disclosed, except to law enforcement agencies |
16 | | acting in the performance of their duties. |
17 | | (d-1) Notwithstanding any provision of this Section to the |
18 | | contrary, a person who possesses an assault weapon prohibited |
19 | | by this Section may transfer the assault weapon to a federally |
20 | | licensed firearm dealer under 18 U.S.C. 923 to broker the sale |
21 | | of that weapon to an out-of-state purchaser. |
22 | | (e) The provisions of this Section regarding the purchase |
23 | | or possession of assault weapons, assault weapon attachments, |
24 | | .50 caliber rifles, and .50 cartridges, as well as the |
25 | | provisions of this Section that prohibit causing those items |
26 | | to be purchased or possessed, do not apply to: |
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1 | | (1) Peace officers, as defined in Section 2-13 of this |
2 | | Code. |
3 | | (2) Qualified law enforcement officers and qualified |
4 | | retired law enforcement officers as defined in the Law |
5 | | Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B |
6 | | and 926C) and as recognized under Illinois law. |
7 | | (3) Acquisition and possession by a federal, State, or |
8 | | local law enforcement agency for the purpose of equipping |
9 | | the agency's peace officers as defined in paragraph (1) or |
10 | | (2) of this subsection (e). |
11 | | (4) Wardens, superintendents, and keepers of prisons, |
12 | | penitentiaries, jails, and other institutions for the |
13 | | detention of persons accused or convicted of an offense. |
14 | | (5) Members of the Armed Services or Reserve Forces of |
15 | | the United States or the Illinois National Guard, while |
16 | | performing their official duties or while traveling to or |
17 | | from their places of duty. |
18 | | (6) Any company that employs armed security officers |
19 | | in this State at a nuclear energy, storage, weapons, or |
20 | | development site or facility regulated by the federal |
21 | | Nuclear Regulatory Commission and any person employed as |
22 | | an armed security force member at a nuclear energy, |
23 | | storage, weapons, or development site or facility |
24 | | regulated by the federal Nuclear Regulatory Commission who |
25 | | has completed the background screening and training |
26 | | mandated by the rules and regulations of the federal |
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1 | | Nuclear Regulatory Commission and while performing |
2 | | official duties. |
3 | | (7) Any private security contractor agency licensed |
4 | | under the Private Detective, Private Alarm, Private |
5 | | Security, Fingerprint Vendor, and Locksmith Act of 2004 |
6 | | that employs private security contractors and any private |
7 | | security contractor who is licensed and has been issued a |
8 | | firearm control card under the Private Detective, Private |
9 | | Alarm, Private Security, Fingerprint Vendor, and Locksmith |
10 | | Act of 2004 while performing official duties. |
11 | | The provisions of this Section do not apply to the |
12 | | manufacture, delivery, sale, import, purchase, or possession |
13 | | of an assault weapon, assault weapon attachment, .50 caliber |
14 | | rifle, or .50 caliber cartridge or causing the manufacture, |
15 | | delivery, sale, importation, purchase, or possession of those |
16 | | items: |
17 | | (A) for sale or transfer to persons authorized under |
18 | | subdivisions (1) through (7) of this subsection (e) to |
19 | | possess those items; |
20 | | (B) for sale or transfer to the United States or any |
21 | | department or agency thereof; or |
22 | | (C) for sale or transfer in another state or for |
23 | | export. |
24 | | This Section does not apply to or affect any of the |
25 | | following: |
26 | | (i) Possession of any firearm if that firearm is |
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1 | | sanctioned by the International Olympic Committee and by |
2 | | USA Shooting, the national governing body for |
3 | | international shooting competition in the United States, |
4 | | but only when the firearm is in the actual possession of an |
5 | | Olympic target shooting competitor or target shooting |
6 | | coach for the purpose of storage, transporting to and from |
7 | | Olympic target shooting practice or events if the firearm |
8 | | is broken down in a nonfunctioning state, is not |
9 | | immediately accessible, or is unloaded and enclosed in a |
10 | | firearm case, carrying box, shipping box, or other similar |
11 | | portable container designed for the safe transportation of |
12 | | firearms, and when the Olympic target shooting competitor |
13 | | or target shooting coach is engaging in those practices or |
14 | | events. For the purposes of this paragraph (8), "firearm" |
15 | | has the meaning provided in Section 1.1 of the Firearm |
16 | | Owners Identification Card Act. |
17 | | (ii) Any nonresident who transports, within 24 hours, |
18 | | a weapon for any lawful purpose from any place where the |
19 | | nonresident may lawfully possess and carry that weapon to |
20 | | any other place where the nonresident may lawfully possess |
21 | | and carry that weapon if, during the transportation, the |
22 | | weapon is unloaded, and neither the weapon nor any |
23 | | ammunition being transported is readily accessible or is |
24 | | directly accessible from the passenger compartment of the |
25 | | transporting vehicle. In the case of a vehicle without a |
26 | | compartment separate from the driver's compartment, the |
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1 | | weapon or ammunition shall be contained in a locked |
2 | | container other than the glove compartment or console. |
3 | | (iii) Possession of a weapon at an event taking place |
4 | | at the World Shooting and Recreational Complex at Sparta, |
5 | | only while engaged in the legal use of the weapon, or while |
6 | | traveling to or from that location if the weapon is broken |
7 | | down in a nonfunctioning state, is not immediately |
8 | | accessible, or is unloaded and enclosed in a firearm case, |
9 | | carrying box, shipping box, or other similar portable |
10 | | container designed for the safe transportation of |
11 | | firearms. |
12 | | (iv) Possession of a weapon only for hunting use |
13 | | expressly permitted under the Wildlife Code, or while |
14 | | traveling to or from a location authorized for this |
15 | | hunting use under the Wildlife Code if the weapon is |
16 | | broken down in a nonfunctioning state, is not immediately |
17 | | accessible, or is unloaded and enclosed in a firearm case, |
18 | | carrying box, shipping box, or other similar portable |
19 | | container designed for the safe transportation of |
20 | | firearms. By October 1, 2023, the Illinois State Police, |
21 | | in consultation with the Department of Natural Resources, |
22 | | shall adopt rules concerning the list of applicable |
23 | | weapons approved under this subparagraph (iv). The |
24 | | Illinois State Police may adopt emergency rules in |
25 | | accordance with Section 5-45 of the Illinois |
26 | | Administrative Procedure Act. The adoption of emergency |
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1 | | rules authorized by Section 5-45 of the Illinois |
2 | | Administrative Procedure Act and this paragraph is deemed |
3 | | to be necessary for the public interest, safety, and |
4 | | welfare. |
5 | | (v) The manufacture, transportation, possession, sale, |
6 | | or rental of blank-firing assault weapons and .50 caliber |
7 | | rifles, or the weapon's respective attachments, to persons |
8 | | authorized or permitted, or both authorized and permitted, |
9 | | to acquire and possess these weapons or attachments for |
10 | | the purpose of rental for use solely as props for a motion |
11 | | picture, television, or video production or entertainment |
12 | | event. |
13 | | Any person not subject to this Section may submit an |
14 | | endorsement affidavit if the person chooses. |
15 | | (f) Any sale or transfer with a background check initiated |
16 | | to the Illinois State Police on or before January 10, 2023 ( the |
17 | | effective date of Public Act 102-1116) this amendatory Act of |
18 | | the 102nd General Assembly is allowed to be completed after |
19 | | January 10, 2023 the effective date of this amendatory Act |
20 | | once an approval is issued by the Illinois State Police and any |
21 | | applicable waiting period under Section 24-3 has expired. |
22 | | (g) The Illinois State Police shall take all steps |
23 | | necessary to carry out the requirements of this Section within |
24 | | by October 1, 2023. |
25 | | (h) The Illinois Department of the State Police shall also |
26 | | develop and implement a public notice and public outreach |