HB1098 94TH GENERAL ASSEMBLY

LRB094 09205 RLC 39439 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB1098

Introduced 02/08/05, by Rep. Elaine Nekritz - Elizabeth Coulson

SYNOPSIS AS INTRODUCED:

720 ILCS 5/Art. 24A heading new
720 ILCS 5/24A-1 new
720 ILCS 5/24A-5 new
720 ILCS 5/24A-10 new
720 ILCS 5/24A-15 new
720 ILCS 5/24A-20 new
720 ILCS 5/24A-25 new
720 ILCS 5/24A-30 new
720 ILCS 5/24A-35 new
720 ILCS 5/24A-40 new
720 ILCS 5/24A-45 new
720 ILCS 5/24A-50 new

Creates the 50 Caliber Rifle and 50 Caliber Ammunition Regulation Law in the Criminal Code of 1961. Provides that any person who, within this State, manufactures or causes to be manufactured, distributes, transports, or imports into the State, keeps for sale, or offers or exposes for sale, or who gives or lends a 50 caliber rifle or 50 caliber ammunition is guilty of a Class 2 felony. Provides that any person who, within this State, possesses a 50 caliber rifle or 50 caliber ammunition is guilty of a Class A misdemeanor. Provides that a first violation of these provisions is a petty offense punishable by a fine not exceeding $500, if the person was found in possession of no more than 2 firearms and certain conditions are met. Permits certain persons and entities to obtain a permit to possess or manufacture 50 caliber rifles and 50 caliber ammunition.

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 1961 is amended by adding Article 24A as follows:

(720 ILCS 5/Art. 24A heading new)

ARTICLE 24A. 50 CALIBER RIFLE and 50 CALIBER AMMUNITION

REGULATION LAW

(720 ILCS 5/24A-1 new)

Sec. 24A-1. Short title. This Article may be cited as the 50 Caliber Rifle and 50 Caliber Ammunition Regulation Law.

(720 ILCS 5/24A-5 new)

Sec. 24A-5. Legislative intent. The General Assembly hereby finds and declares that the proliferation and use of 50 caliber rifles, as defined in this Article, and 50 caliber ammunition pose a clear and present terrorist threat to the health, safety, and security of all residents of, and visitors to, this State, based upon findings that those firearms have such a high capacity for long distance and highly destructive firepower that they pose an unacceptable risk to the death and serious injury of human beings, destruction or serious damage of vital public and private buildings, civilian, police and military vehicles, power generation and transmission facilities, petrochemical production and storage facilities, and transportation infrastructure. It is the intent of the General Assembly in enacting this Article to place restrictions on the use of these rifles and ammunition and to establish a registration and permit procedure for their lawful sale and possession.

(720 ILCS 5/24A-10 new)

Sec. 24A-10. 50 caliber defined. As used in this Article:

"50 caliber rifle" means a centerfire rifle capable of firing a 50 caliber cartridge. The term "50 caliber rifle" does not include any antique firearm as defined in 18 U.S.C. Section 921(a)(16).

"50 caliber cartridge" means a cartridge in 50 caliber, either by designation or actual measurement, including, but not limited to, a .50 BMG cartridge. "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.

".50 BMG cartridge" means a cartridge that is designed and intended to be fired from a centerfire rifle and that meets all of the following criteria:

(1) It has an overall length of 5.45 inches from the base to the tip of the bullet.

(2) The bullet diameter for the cartridge is from .510 to, and including, .511 inch.

(3) The case base diameter for the cartridge is from .800 inch to, and including, .804 inch.

(4) The cartridge case length is 3.91 inches.

A ".50 BMG rifle" does not include any "antique firearm" nor any curio or relic as defined in Section 178.11 of Title 27 of the Code of Federal Regulations.

(720 ILCS 5/24A-15 new)

Sec. 24A-15. Violations.

(a)(1) Any person who, within this State, manufactures or causes to be manufactured, distributes, transports, or imports into the State, keeps for sale, or offers or exposes for sale, or who gives or lends any 50 caliber rifle or 50 caliber ammunition, except as provided by this Article, is guilty of a Class 2 felony.

(2) In addition and consecutive to the punishment imposed under paragraph (1), any person who transfers, lends, sells, or gives any 50 caliber rifle or 50 caliber ammunition to a minor in violation of paragraph (1) shall receive an additional term of imprisonment of one year.

(b) Any person who, within this State, possesses any 50 caliber rifle or 50 caliber ammunition, except as provided in this Article, is guilty of a Class A misdemeanor. However, a first violation of these provisions is a petty offense punishable by a fine not exceeding $500, if the person was found in possession of no more than 2 firearms in compliance with subdivision (c) of this Section and the person meets all of the following conditions:

(1) The person possessed the 50 caliber rifle or 50 caliber ammunition before the effective date of this amendatory Act of the 94th General Assembly.

(2) The person has not previously been convicted of a violation of this Section.

(3) The person was found to be in possession of the 50 caliber rifle or 50 caliber ammunition within one year following the end of the one-year registration period established pursuant to subdivision (a) of Section 24A-20.

(4) The person relinquished the firearm pursuant to Section 24A-30, in which case the 50 caliber rifle or 50 caliber ammunition shall be destroyed pursuant to Section 24-6.

(c) A person who has registered a 50 caliber rifle or 50 caliber ammunition under this Section may possess it only under any of the following:

(1) At that person's residence, place of business, or other property owned by that person, or on property owned by another with the owner's express permission.

(2) While on the premises of a target range of a public or private club or organization organized for the purpose of practicing shooting at targets.

(3) While on a target range that holds a regulatory or business license for the purpose of practicing shooting at that target range.

(4) While on the premises of a shooting club approved by the Department of State Police.

(5) While attending any exhibition, display, or educational project which is about firearms and which is sponsored by, conducted under the auspices of, or approved by a law enforcement agency or a nationally or state recognized entity that fosters proficiency in, or promotes education about, firearms.

(6) While on publicly owned land if the possession and use of a firearm described in this Article is specifically permitted by the managing agency of the land.

(7) While transporting the 50 caliber rifle or 50 caliber ammunition between any of the places mentioned in this subdivision, or in regard to 50 caliber rifles, to any licensed gun dealer for servicing or repair pursuant to subdivision (b) of Section 24A-50, if the 50 caliber rifle is transported broken down in a nonfunctioning state or is immediately inaccessible and the 50 caliber ammunition is immediately inaccessible.

(d) Notwithstanding any other provision of law, any person who commits another crime while violating this Section may receive an additional, consecutive punishment of one year for violating this Section, in addition and consecutive to the punishment, including enhancements, which is prescribed for the other crime.

(e) Subdivisions (a), (b), and (c) do not apply to the sale to, purchase by, importation of, or possession of a 50 caliber rifle or 50 caliber ammunition by the Department of State Police, police departments, sheriffs' offices, the Department of Corrections, State's Attorneys' offices, the Department of Natural Resources, or the military or naval forces of this State or of the United States, or any federal law enforcement agency for use in the discharge of their official duties.

(f)(1) Subdivisions (b) and (c) do not prohibit the possession or use of a 50 caliber rifle or 50 caliber ammunition by sworn peace officer members of those agencies specified in subdivision (e) for law enforcement purposes, whether on or off duty.

(2) Subdivisions (a), (b), and (c) do not prohibit the delivery, transfer, or sale of a 50 caliber rifle or 50 caliber ammunition to, or the possession of a 50 caliber rifle or 50 caliber ammunition by, a sworn peace officer member of an agency specified in subdivision (e); provided that the peace officer is authorized by his or her employer to possess or receive the 50 caliber rifle or 50 caliber ammunition. Required authorization is defined as verifiable written certification from the head of the agency, identifying the recipient or possessor of the 50 caliber rifle or 50 caliber ammunition as a peace officer and authorizing him or her to receive or possess the specific 50 caliber rifle or 50 caliber ammunition. For this exemption to apply, in the case of a peace officer who possesses or receives the 50 caliber rifle or 50 caliber ammunition prior to the effective date of this amendatory Act of the 94th General Assembly, the officer shall register the 50 caliber rifle or 50 caliber ammunition pursuant to Section 24A-20 on or before April 1, 2006; in the case of a peace officer who possesses or receives the 50 caliber rifle or 50 caliber ammunition on or after January 1, 2006, the officer shall register the 50 caliber rifle or 50 caliber ammunition pursuant to Section 24A-20 not later than 90 days after possession or receipt.

(3) Nothing in this Section shall be construed to limit or prohibit the delivery, transfer, or sale of a 50 caliber rifle or 50 caliber ammunition to, or the possession of a 50 caliber rifle or 50 caliber ammunition by, a member of a federal law enforcement agency provided that person is authorized by the employing agency to possess the 50 caliber rifle or 50 caliber ammunition.

(g) Subdivision (b) does not apply to the possession of a 50 caliber rifle or 50 caliber ammunition during the one-year period after the effective date of this amendatory Act of the 94th General Assembly, if all of the following are applicable:

(1) The person is eligible under this Article to register the particular 50 caliber rifle or 50 caliber ammunition.

(2) The person lawfully possessed the particular 50 caliber rifle or 50 caliber ammunition prior to the effective date of this amendatory Act of the 94th General Assembly.

(3) The person is otherwise in compliance with this Article.

(h) Subdivisions (a), (b), and (c) do not apply to the manufacture by persons who are issued permits pursuant to Section 24A-25 for a 50 caliber rifle or 50 caliber ammunition for sale to the following:

(1) Exempt entities listed in subdivision (e).

(2) Entities and persons who have been issued permits pursuant to Section 24A-20 or 24A-25.

(3) Entities outside the state who have, in effect, a federal firearms dealer's license solely for the purpose of distribution to an entity listed in paragraphs (4) to (6), inclusive.

(4) Federal military and law enforcement agencies.

(5) Law enforcement and military agencies of other states.

(6) Foreign governments and agencies approved by the United States State Department.

(i) Subdivision (a) does not apply to a person who is the executor or administrator of an estate that includes a 50 caliber rifle or 50 caliber ammunition registered under Section 24A-30 or that was possessed pursuant to paragraph (1) of subdivision (f) which is disposed of as authorized by the circuit court, if the disposition is otherwise permitted by this Article.

(j) Subdivisions (b) and (c) do not apply to a person who is the executor or administrator of an estate that includes a 50 caliber rifle or 50 caliber ammunition registered under Section 24A-20 or that was possessed pursuant to paragraph (1) of subdivision (f), if the 50 caliber rifle or 50 caliber ammunition is possessed at a place set forth in paragraph (1) of subdivision (c) of this Section.

(k) Subdivision (a) does not apply to:

(1) A person who lawfully possesses and has registered a 50 caliber rifle or 50 caliber ammunition pursuant to this Article who lends that 50 caliber rifle or 50 caliber ammunition to another if all the following apply:

(A) The person to whom the 50 caliber rifle or 50 caliber ammunition is lent is 18 years of age or over and is not in a class of persons prohibited from possessing firearms by virtue of Sections 4 and 8 of the Firearm Owners Identification Card Act. The person to whom the 50 caliber rifle or 50 caliber ammunition was lent remains in the presence of the registered possessor of the 50 caliber rifle or 50 caliber ammunition.

(B) The 50 caliber rifle or 50 caliber ammunition is possessed at any of the following locations:

(i) While on a target range that holds a regulatory or business license for the purpose of practicing shooting at that target range.

(ii) While on the premises of a target range of a public or private club or organization organized for the purpose of practicing shooting at targets.

(iii) While attending any exhibition, display, or educational project that is about firearms and that is sponsored by, conducted under the auspices of, or approved by a law enforcement agency or a nationally or state recognized entity that fosters proficiency in, or promotes education about, firearms.

(2) The return of a 50 caliber rifle or 50 caliber ammunition to the registered possessor, or lawful possessor, which is lent by the same pursuant to paragraph (1).

(l) Subdivisions (b) and (c) do not apply to the possession of a 50 caliber rifle or 50 caliber ammunition by a person to whom a 50 caliber rifle or 50 caliber ammunition is lent pursuant to subdivision (k).

(m) Subdivisions (a), and (b), and (c) do not apply to the possession and importation of a 50 caliber rifle or 50 caliber ammunition into this State by a nonresident if all of the following conditions are met:

(1) The person is attending or going directly to or coming directly from an organized competitive match or league competition that involves the use of a 50 caliber rifle or 50 caliber ammunition.

(2) The competition or match is conducted on the premises of one of the following:

(A) A target range that holds a regulatory or business license for the purpose of practicing shooting at that target range.

(B) A target range of a public or private club or organization that is organized for the purpose of practicing shooting at targets.

(3) The match or competition is sponsored by, conducted under the auspices of, or approved by, a law enforcement agency or a nationally or state recognized entity that fosters proficiency in, or promotes education about, firearms.

(4) During transportation, the 50 caliber rifle is broken down in a nonfunctioning state or is not immediately accessible and the 50 caliber ammunition is not immediately accessible.

(5) The person is 18 years of age or over and is not in a class of persons prohibited from possessing firearms by virtue of Section 4 or 8 of the Firearm Owners Identification Card Act.

(n) Subdivisions (b) and (c) do not apply to any of the following persons:

(1) A person acting in accordance with Section 24A-25.

(2) A person who has a permit to possess a 50 caliber rifle or 50 caliber ammunition issued pursuant to Section 24A-25 when he or she is acting in accordance with Section 24A-20 or 24A-25.

(o) Subdivisions (a), (b), and (c) do not apply to any of the following persons:

(1) A person acting in accordance with Section 24A-20.

(2) A person acting in accordance with Section 24A-25 or 24A-50.

(p) Subdivisions (b) and (c) do not apply to the registered owner of a 50 caliber rifle or 50 caliber ammunition possessing that firearm in accordance with subdivision (c) of this Section.

(q) Subdivision (a) does not apply to the importation into this State of a 50 caliber rifle or 50 caliber ammunition by the registered owner of that 50 caliber rifle or 50 caliber ammunition, if it is in accordance with the provisions of subdivision (c) of this Section.

(720 ILCS 5/24A-20 new)

Sec. 24A-20. Permits. Any person who lawfully acquired a 50 caliber rifle or 50 caliber ammunition before the effective date of this amendatory Act of the 94th General Assembly and wishes to use it in a manner different than specified in subdivision (c) of Section 24A-15, who lawfully acquired a 50 caliber rifle or 50 caliber ammunition between the effective date of this amendatory Act of the 94th General Assembly and January 1, 2007, and wishes to keep it after January 1, 2007, or who wishes to acquire a 50 caliber rifle or 50 caliber ammunition after January 1, 2007 shall first obtain a permit from the Department of State Police in the same manner as specified in this Article.

(720 ILCS 5/24A-25 new)

Sec. 24A-25. Entities that may obtain permits.

(a) The Department of State Police may, upon a finding of good cause, issue permits for the manufacture or sale of 50 caliber rifle or 50 caliber ammunition for the sale to, purchase by, or possession of 50 caliber rifle or 50 caliber ammunition by, any of the following:

(1) The agencies listed in subdivision (e) of Section 24A-15, and the officers described in subdivision (f) of Section 24A-15.

(2) Entities and persons who have been issued permits pursuant to this Section or Section 24A-20.

(3) Entities outside the state who have, in effect, a federal firearms dealer's license solely for the purpose of distribution to an entity listed in paragraphs (4) to (6), inclusive.

(4) Federal law enforcement and military agencies.

(5) Law enforcement and military agencies of other states.

(6) Foreign governments and agencies approved by the United States State Department.

(b) Application for the permits, the keeping and inspection of those permits, and the revocation of permits shall be undertaken in the same manner as specified in the Firearm Owner's Identification Card Act for the issuance of Firearm Owner's Identification Cards.

(720 ILCS 5/24A-30 new)

Sec. 24A-30. Relinquishment of 50 caliber rifle or 50 caliber ammunition. Any individual may arrange in advance to relinquish a 50 caliber rifle or 50 caliber ammunition to a police or sheriff's department. The 50 caliber rifle shall be transported broken down in a nonfunctioning State and not immediately accessible and the 50 caliber ammunition may not be immediately accessible.

(720 ILCS 5/24A-35 new)

Sec. 24A-35. Broadcast of permit holders.

(a) No peace officer or dispatcher shall broadcast over a police radio that an individual has registered, or has obtained a permit to posses, a 50 caliber rifle or 50 caliber ammunition pursuant to this Article, unless there exists a reason to believe in good faith that one of the following conditions shall exist:

(1) The individual has engaged, or may be engaged, in criminal conduct.

(2) The police responding to a call in which the person allegedly committing a criminal violation may gain access to the 50 caliber rifle or 50 caliber ammunition.

(3) The victim, witness, or person who reported the alleged criminal violation may be using the 50 caliber rifle or 50 caliber ammunition to hold the person allegedly committing the criminal violation or may be using the weapon in defense of himself, herself, or other persons.

(b) This Section does not prohibit a peace officer or dispatcher from broadcasting over a police radio that an individual has not registered, or has not obtained a permit to possess, a 50 caliber rifle or 50 caliber ammunition pursuant to this Article.

(c) This Section does not limit the transmission of a 50 caliber rifle or 50 caliber ammunition ownership status via law enforcement computers or any other medium that is legally accessible only to peace officers or other authorized personnel.

(720 ILCS 5/24A-40 new)

Sec. 24A-40. Public education program.

(a) The Department of State Police shall conduct a public education and notification program regarding the registration of 50 caliber rifle or 50 caliber ammunition. The public education and notification program shall include outreach to local law enforcement agencies and utilization of public service announcements in a variety of media approaches, to ensure maximum publicity of the limited forgiveness period of the registration requirement specified in subdivision (f) of Section 24A-15 and the consequences of nonregistration. The Department shall develop posters describing gun owners' responsibilities under this Article which shall be posted in a conspicuous place in every licensed gun store in the State during the forgiveness period.

(b) Any costs incurred by the Department of State Police to implement this Section which cannot be absorbed by the Department shall be funded upon appropriation by the General Assembly.

(720 ILCS 5/24A-45 new)

Sec. 24A-45. Inspections.

(a) Except as provided in subdivision (b) the Department of State Police shall, for every person, firm, or corporation to whom a permit is issued pursuant to this Article, annually conduct an inspection for security and safe storage purposes, and to reconcile the inventory of 50 caliber rifles or 50 caliber ammunition.

(b) A person, firm, or corporation with an inventory of fewer than five devices that require any Department of State Police permit shall be subject to an inspection for security and safe storage purposes, and to reconcile inventory, once every 5 years, or more frequently if determined by the Department.

(720 ILCS 5/24A-50 new)

Sec. 24A-50. Licensed gun dealers.

(a) Any licensed gun dealer, as defined in subdivision (c), who lawfully possesses a 50 caliber rifle or 50 caliber ammunition pursuant to Section 24A-20, in addition to the uses allowed in Section 24A-20, may transport the firearm between dealers or out of the state if that person is permitted pursuant to the National Firearms Act, display it at any gun show licensed by a State or local governmental entity, sell it to a resident outside the State, or sell it to a person who has been issued a permit pursuant to Section 24A-25. Any transporting allowed by this Section must be broken down in a nonfunctioning state and not immediately accessible.

(b)(1) Any licensed gun dealer, as defined in subdivision (c), may take possession of any 50 caliber rifle or 50 caliber ammunition for the purposes of servicing or repair from any person to whom it is legally registered or who has been issued a permit to possess it pursuant to this Article.

(2) Any licensed gun dealer, as defined in subdivision (c), may transfer possession of any 50 caliber rifle or 50 caliber ammunition received pursuant to paragraph (l) to a gunsmith for purposes of accomplishing service or repair of the same. Transfers are permissible only to the following persons:

(A) A gunsmith who is in the dealer's employ.

(B) A gunsmith with whom the dealer has contracted for gunsmithing services. In order for this subparagraph to apply, the gunsmith receiving the 50 caliber rifle or shall hold all of the following:

(i) A dealer's license issued pursuant to Article 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant to that Article.

(ii) Any business license required by a State or local governmental entity.

(c) The term "licensed gun dealer", as used in this Article, means a person who is licensed as a firearm dealer pursuant to Title 18 U.S.C., Section 923 and who has a permit to sell 50 caliber rifle or 50 caliber ammunition.