Sen. Antonio Munoz
Filed: 3/5/2007
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO SENATE BILL 16
| ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 16 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Criminal Code of 1961 is amended by adding | ||||||
5 | Sections 24-1.8 and 24-1.9 as follows: | ||||||
6 | (720 ILCS 5/24-1.8 new) | ||||||
7 | Sec. 24-1.8. Manufacture, possession, delivery, sale, and | ||||||
8 | purchase of semi-automatic assault weapons, assault weapon | ||||||
9 | attachments, .50 caliber rifles, and .50 caliber cartridges. | ||||||
10 | (a) Definitions. In this Section: | ||||||
11 | (1) "Semi-automatic assault weapon" means: | ||||||
12 | (A) any of the firearms or types, replicas, or | ||||||
13 | duplicates in any caliber of the firearms, known as: | ||||||
14 | (i) Norinco, Mitchell, and Poly Technologies | ||||||
15 | Avtomat Kalashnikovs (all models); | ||||||
16 | (ii) Action Arms Israeli Military Industries |
| |||||||
| |||||||
1 | UZI and Galil; | ||||||
2 | (iii) Beretta AR-70 (SC-70); | ||||||
3 | (iv) Colt AR-15; | ||||||
4 | (v) Fabrique Nationale FN/FAL, FN/LAR, and | ||||||
5 | FNC; | ||||||
6 | (vi) SWD M-10, M-11, M-11/9, and M-12; | ||||||
7 | (vii) Steyr AUG; | ||||||
8 | | ||||||
9 | (viii) INTRATEC TEC-9, TEC-DC9, and TEC-22; | ||||||
10 | and | ||||||
11 | (ix) any shotgun which contains its ammunition | ||||||
12 | in a revolving cylinder, such as (but not limited | ||||||
13 | to) the Street Sweeper and Striker 12; | ||||||
14 | (B) a semi-automatic rifle that has an ability to | ||||||
15 | accept a detachable magazine and has any of the | ||||||
16 | following: | ||||||
17 | (i) a folding or telescoping stock; | ||||||
18 | (ii) a pistol grip or thumbhole stock; | ||||||
19 | (iii) a shroud that is attached to, or | ||||||
20 | partially or completely encircles the barrel, and | ||||||
21 | that permits the shooter to hold the firearm with | ||||||
22 | the non-trigger hand without being burned; or | ||||||
23 | (iv) a fixed magazine that has the capacity to | ||||||
24 | accept more than 10 rounds of ammunition; | ||||||
25 | (C) a semi-automatic pistol that has an ability to | ||||||
26 | accept a detachable magazine and has any of the |
| |||||||
| |||||||
1 | following: | ||||||
2 | (i) a folding, telescoping, or thumbhole | ||||||
3 | stock; | ||||||
4 | (ii) a shroud that is attached to, or partially | ||||||
5 | or completely encircles the barrel, and that | ||||||
6 | permits the shooter to hold the firearm with the | ||||||
7 | non-trigger hand without being burned; | ||||||
8 | (iii) an ammunition magazine that attaches to | ||||||
9 | the pistol outside of the pistol grip; | ||||||
10 | (iv) a fixed magazine that has the capacity to | ||||||
11 | accept more than 10 rounds of ammunition; | ||||||
12 | (v) a manufactured weight of 50 ounces or more | ||||||
13 | when the pistol is unloaded; or | ||||||
14 | (vi) a semi-automatic version of an automatic | ||||||
15 | firearm; | ||||||
16 | (D) a semi-automatic shotgun that has any of the | ||||||
17 | following: | ||||||
18 | (i) a folding or telescoping stock; | ||||||
19 | (ii) a pistol grip or thumbhole stock; | ||||||
20 | (iii) a fixed magazine capacity in excess of 5 | ||||||
21 | rounds; or | ||||||
22 | (iv) an ability to accept a detachable | ||||||
23 | magazine.
"Semi-automatic assault weapon" does not | ||||||
24 | include: | ||||||
25 | (A) any firearm that: | ||||||
26 | (i) is manually operated by bolt, pump, lever, |
| |||||||
| |||||||
1 | or slide action; | ||||||
2 | (ii) is an "unserviceable firearm" or has been | ||||||
3 | made permanently inoperable; or | ||||||
4 | (iii) is an antique firearm; | ||||||
5 | (B) any air rifle as defined in Section 1 of the | ||||||
6 | Air Rifle Act. | ||||||
7 | (2) "Assault weapon attachment" means any device | ||||||
8 | capable of being attached to a firearm that is specifically | ||||||
9 | designed for making or converting a firearm into any of the | ||||||
10 | firearms listed in paragraph (1) of subsection (a) of this | ||||||
11 | Section. | ||||||
12 | (3) "Antique firearm" has the meaning ascribed to it in | ||||||
13 | 18 U.S.C. Section 921 (a)(16). | ||||||
14 | (4) ".50 caliber rifle" means a centerfire rifle | ||||||
15 | capable of firing a .50 caliber cartridge. The term does | ||||||
16 | not include any antique firearm as defined in 18 U.S.C. | ||||||
17 | Section 921 (a)(16), any shotgun including a shotgun that | ||||||
18 | has a rifle barrel, or a muzzle-loader used for "black | ||||||
19 | powder" hunting or battle re-enactments. | ||||||
20 | (5) ".50 caliber cartridge" means a cartridge in .50 | ||||||
21 | BMG caliber, either by designation or actual measurement, | ||||||
22 | that is capable of being fired from a centerfire rifle. The | ||||||
23 | term ".50 caliber cartridge" does not include any | ||||||
24 | memorabilia or display item that is filled with a permanent | ||||||
25 | inert substance or that is otherwise permanently altered in | ||||||
26 | a manner that prevents ready modification for use as live |
| |||||||
| |||||||
1 | ammunition or shotgun ammunition with a caliber | ||||||
2 | measurement that is equal to or greater than .50 caliber. | ||||||
3 | (b) Except as provided in subsections (c) and (d), 90 days | ||||||
4 | after the effective date of this amendatory Act of the 95th | ||||||
5 | General Assembly, it is unlawful for any person within this | ||||||
6 | State to knowingly manufacture, deliver, sell, purchase, or | ||||||
7 | possess or cause to be manufactured, delivered, sold, | ||||||
8 | purchased, or possessed, a semi-automatic assault weapon, an | ||||||
9 | assault weapon attachment, any .50 caliber rifle, or .50 | ||||||
10 | caliber cartridge. | ||||||
11 | (c) This Section does not apply to a person who possessed a | ||||||
12 | weapon or attachment prohibited by subsection (b) before the | ||||||
13 | effective date of this amendatory Act of the 95th General | ||||||
14 | Assembly, provided that the person has provided proof of | ||||||
15 | ownership to the Department of State Police within 90 days | ||||||
16 | after the effective date of this amendatory Act of the 95th | ||||||
17 | General Assembly as required by law. On or after the effective | ||||||
18 | date of this amendatory Act of the 95th General Assembly, such | ||||||
19 | person may transfer such weapon or attachment only to an heir, | ||||||
20 | an individual residing in another state maintaining that weapon | ||||||
21 | in another state, or a dealer licensed as a federal firearms | ||||||
22 | dealer under Section 923 of the federal Gun Control Act of | ||||||
23 | 1968. | ||||||
24 | (d) This Section does not apply to or affect any of the | ||||||
25 | following: | ||||||
26 | (1) Peace officers as defined in Section 2-13 of this |
| |||||||
| |||||||
1 | Code and retired peace officers not otherwise prohibited | ||||||
2 | from receiving a firearm, in possession of a semi-automatic | ||||||
3 | assault weapon, assault weapon attachment, or .50 caliber | ||||||
4 | rifle transferred to the retired peace officer by his or | ||||||
5 | her law enforcement agency upon retirement. | ||||||
6 | (2) Wardens, superintendents, and keepers of prisons, | ||||||
7 | penitentiaries, jails, and other institutions for the | ||||||
8 | detention of persons accused or convicted of an offense. | ||||||
9 | (3) Members of the Armed Services or Reserve Forces of | ||||||
10 | the United States or the Illinois National Guard, while in | ||||||
11 | the performance of their official duties or while traveling | ||||||
12 | to or from their place of duty. | ||||||
13 | (4) Manufacture, transportation, or sale of weapons, | ||||||
14 | attachments, or ammunition to persons authorized under | ||||||
15 | subdivisions (1) through (3) of this subsection to possess | ||||||
16 | those items. | ||||||
17 | (5) Possession of a semi-automatic assault weapon, an | ||||||
18 | assault weapon attachment, a .50 caliber rifle, or a .50 | ||||||
19 | caliber cartridge at events taking place at the World | ||||||
20 | Shooting and Recreational Complex at Sparta, only while | ||||||
21 | engaged in the legal use of the firearm or attachment, or | ||||||
22 | while traveling to or from this location if the items are | ||||||
23 | broken down in a non-functioning state, or are not | ||||||
24 | immediately accessible, or are unloaded and enclosed in a | ||||||
25 | case, firearm carrying box, shipping box, or other | ||||||
26 | container. |
| |||||||
| |||||||
1 | (6) Possession of any firearm if that firearm is | ||||||
2 | sanctioned by the International Olympic Committee and by | ||||||
3 | USA Shooting, the national governing body for | ||||||
4 | international shooting competition in the United States, | ||||||
5 | but only when the firearm is in the actual possession of an | ||||||
6 | Olympic target shooting competitor or target shooting | ||||||
7 | coach for the purpose of storage, transporting to and from | ||||||
8 | Olympic target shooting practice or events if the firearm | ||||||
9 | is broken down in a non-functioning state, is not | ||||||
10 | immediately accessible, or is unloaded and enclosed in a | ||||||
11 | case, firearm carrying box, shipping box, or other | ||||||
12 | container, 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 (6), "firearm" | ||||||
15 | is defined in Section 1.1 of the Firearm Owners | ||||||
16 | Identification Card Act. | ||||||
17 | (7) Possession of a semi-automatic assault weapon, an | ||||||
18 | assault weapon attachment, a .50 caliber rifle, or a .50 | ||||||
19 | caliber cartridge only for a hunting use expressly | ||||||
20 | permitted under the Wildlife Code, or while traveling to or | ||||||
21 | from a location authorized for such hunting use under the | ||||||
22 | Wildlife Code if the items are broken down in a | ||||||
23 | non-functioning state, or are not immediately accessible, | ||||||
24 | or are unloaded and enclosed in a case, firearm carrying | ||||||
25 | box, shipping box, or other container. | ||||||
26 | (8) Manufacture, transportation, possession, sale, or |
| |||||||
| |||||||
1 | rental of blank-firing semi-automatic assault weapons and | ||||||
2 | .50 caliber rifles or the weapons respective attachments to | ||||||
3 | persons authorized or permitted, or both authorized and | ||||||
4 | permitted to acquire and possess such weapons for the | ||||||
5 | purposes of rental for use solely as props for a motion | ||||||
6 | picture, television, or video production or entertainment | ||||||
7 | event. | ||||||
8 | (e) Sentence. | ||||||
9 | (1) A person who knowingly manufactures, delivers, | ||||||
10 | sells, purchases, or possesses or causes to be | ||||||
11 | manufactured, delivered, sold, purchased, or possessed a | ||||||
12 | semi-automatic assault weapon in violation of this Section | ||||||
13 | commits a Class 3 felony for a first violation and a Class | ||||||
14 | 2 felony for a second or subsequent violation or for the | ||||||
15 | possession or delivery of 2 or more of these weapons at the | ||||||
16 | same time. | ||||||
17 | (2) A person who knowingly manufactures, delivers, | ||||||
18 | sells, purchases, or possesses or causes to be | ||||||
19 | manufactured, delivered, sold, purchased, or possessed in | ||||||
20 | violation of this Section an assault weapon attachment | ||||||
21 | commits a Class 4 felony for a first violation and a Class | ||||||
22 | 3 felony for a second or subsequent violation. | ||||||
23 | (3) A person who knowingly manufactures, delivers, | ||||||
24 | sells, purchases, or possesses or causes to be | ||||||
25 | manufactured, delivered, sold, purchased, or possessed in | ||||||
26 | violation of this Section a .50 caliber rifle commits a |
| |||||||
| |||||||
1 | Class 3 felony for a first violation and a Class 2 felony | ||||||
2 | for a second or subsequent violation or for the possession | ||||||
3 | or delivery of 2 or more of these weapons at the same time. | ||||||
4 | (4) A person who knowingly manufactures, delivers, | ||||||
5 | sells, purchases, or possesses or causes to be | ||||||
6 | manufactured, delivered, sold, purchased, or possessed in | ||||||
7 | violation of this Section a .50 caliber cartridge commits a | ||||||
8 | Class A misdemeanor. | ||||||
9 | (720 ILCS 5/24-1.9 new) | ||||||
10 | Sec. 24-1.9. Manufacture, possession, delivery, sale, and | ||||||
11 | purchase of large capacity ammunition feeding devices. | ||||||
12 | (a) As used in this Section: | ||||||
13 | "Large capacity ammunition feeding device" means: | ||||||
14 | (1) a magazine, belt, drum, feed strip, or similar | ||||||
15 | device that has a capacity of, or that can be readily | ||||||
16 | restored or converted to accept, more than 10 rounds of | ||||||
17 | ammunition; or | ||||||
18 | (2) any combination of parts from which a device | ||||||
19 | described in paragraph (1) can be assembled. | ||||||
20 | "Large capacity ammunition feeding device" does not | ||||||
21 | include an attached tubular device designed to accept, and | ||||||
22 | capable of operating only with, .22 caliber rimfire ammunition | ||||||
23 | or any device that has been made permanently inoperable. | ||||||
24 | (b) Except as provided in subsections (c) and (d), it is | ||||||
25 | unlawful for any person within this State, beginning 90 days |
| |||||||
| |||||||
1 | after the effective date of this amendatory Act of the 95th | ||||||
2 | General Assembly, to knowingly manufacture, deliver, sell, | ||||||
3 | purchase, or possess or cause to be manufactured, delivered, | ||||||
4 | sold, purchased, or possessed, a large capacity ammunition | ||||||
5 | feeding device. | ||||||
6 | (c) This Section does not apply to a person who possessed a | ||||||
7 | device prohibited by subsection (b) before the effective date | ||||||
8 | of this amendatory Act of the 95th General Assembly, provided | ||||||
9 | that the person has provided proof of ownership to the | ||||||
10 | Department of State Police within 90 days after the effective | ||||||
11 | date of this amendatory Act of the 95th General Assembly as | ||||||
12 | required by law. On or after the effective date of this | ||||||
13 | amendatory Act of the 95th General Assembly, such person may | ||||||
14 | transfer such device only to an heir, an individual residing in | ||||||
15 | another state maintaining that device in another state, or a | ||||||
16 | dealer licensed as a federal firearms dealer under Section 923 | ||||||
17 | of the federal Gun Control Act of 1968. | ||||||
18 | (d) This Section does not apply to or affect any of the | ||||||
19 | following: | ||||||
20 | (1) Peace officers as defined in Section 2-13 of this | ||||||
21 | Code and retired peace officers not otherwise prohibited | ||||||
22 | from receiving a firearm, in possession of a large capacity | ||||||
23 | ammunition feeding device transferred to the retired peace | ||||||
24 | officer by his or her law enforcement agency upon | ||||||
25 | retirement. | ||||||
26 | (2) Wardens, superintendents, and keepers of prisons, |
| |||||||
| |||||||
1 | penitentiaries, jails, and other institutions for the | ||||||
2 | detention of persons accused or convicted of an offense. | ||||||
3 | (3) Members of the Armed Services or Reserve Forces of | ||||||
4 | the United States or the Illinois National Guard, while in | ||||||
5 | the performance of their official duties or while traveling | ||||||
6 | to or from their place of duty. | ||||||
7 | (4) Manufacture, transportation, or sale of large | ||||||
8 | capacity ammunition feeding devices to persons authorized | ||||||
9 | under subdivisions (1) through (3) of this subsection to | ||||||
10 | possess those items. | ||||||
11 | (5) Possession of a large capacity ammunition feeding | ||||||
12 | device at events taking place at the World Shooting and | ||||||
13 | Recreational Complex at Sparta, only while engaged in the | ||||||
14 | legal use of the device, or while traveling to or from this | ||||||
15 | location if the items are broken down in a non-functioning | ||||||
16 | state, or are not immediately accessible, or are unloaded | ||||||
17 | and enclosed in a case, firearm carrying box, shipping box, | ||||||
18 | or other container. | ||||||
19 | (6) Possession of any large capacity ammunition | ||||||
20 | feeding device if that large capacity ammunition feeding | ||||||
21 | device is sanctioned by the International Olympic | ||||||
22 | Committee and by USA Shooting, the national governing body | ||||||
23 | for international shooting competition in the United | ||||||
24 | States, but only when the large capacity ammunition feeding | ||||||
25 | device is in the actual possession of an Olympic target | ||||||
26 | shooting competitor or target shooting coach for the |
| |||||||
| |||||||
1 | purpose of storage, transporting to and from Olympic target | ||||||
2 | shooting practice or events if the device is broken down in | ||||||
3 | a non-functioning state, is not immediately accessible, or | ||||||
4 | is unloaded and enclosed in a case, firearm carrying box, | ||||||
5 | shipping box, or other container, and when the Olympic | ||||||
6 | target shooting competitor or target shooting coach is | ||||||
7 | engaging in those practices or events. | ||||||
8 | (7) Possession of a large capacity ammunition feeding | ||||||
9 | device only for a hunting use expressly permitted under the | ||||||
10 | Wildlife Code, or while traveling to or from a location | ||||||
11 | authorized for such hunting use under the Wildlife Code if | ||||||
12 | the items are broken down in a non-functioning state, or | ||||||
13 | are not immediately accessible, or are unloaded and | ||||||
14 | enclosed in a case, firearm carrying box, shipping box, or | ||||||
15 | other container. | ||||||
16 | (e) Sentence. A person who knowingly manufactures, | ||||||
17 | delivers, sells, purchases, or possesses or causes to be | ||||||
18 | manufactured, delivered, sold, purchased, or possessed in | ||||||
19 | violation of this Section a large capacity ammunition feeding | ||||||
20 | device capable of holding more than 17 rounds of ammunition | ||||||
21 | commits a Class 3 felony for a first violation and a Class 2 | ||||||
22 | felony for a second or subsequent violation or for possession | ||||||
23 | or delivery of 2 or more of these devices at the same time. A | ||||||
24 | person who knowingly manufactures, delivers, sells, purchases, | ||||||
25 | or possesses or causes to be manufactured, delivered, sold, | ||||||
26 | purchased, or possessed in violation of this Section a large |
| |||||||
| |||||||
1 | capacity ammunition feeding device capable of holding more than | ||||||
2 | 10 rounds but not more than 17 rounds of ammunition commits a | ||||||
3 | Class 4 felony for a first violation and a Class 3 felony for a | ||||||
4 | second or subsequent violation or for possession or delivery of | ||||||
5 | more than one of these devices at the same time. | ||||||
6 | Section 97. Severability. The provisions of this Act are | ||||||
7 | severable under Section 1.31 of the Statute on Statutes.
| ||||||
8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law.".
|