Sen. Kimberly A. Lightford

Filed: 3/23/2007

 

 


 

 


 
09500SB1095sam001 LRB095 06020 RLC 34043 a

1
AMENDMENT TO SENATE BILL 1095

2     AMENDMENT NO. ______. Amend Senate Bill 1095 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 1. Short title. This Act may be cited as the
5 Ammunition Accountability Act.
 
6     Section 5. Definitions. For purposes of this Act:
7     (a) "Coded" and "coded ammunition" mean a bullet carrying a
8 unique identifier that has been applied by etching the same
9 onto the base of the bullet.
10     (b) "Firearm ammunition" shall have the meaning provided in
11 Section 1.1 of the Firearm Owners Identification Card Act,
12 except that it shall not include shotgun shells or ammunition
13 designed to be used in muzzle-loading "black powder" firearms.
 
14     Section 10. Prohibition on sale, manufacture, or use of
15 non-coded ammunition.

 

 

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1     (a) All firearm ammunition manufactured or sold in the
2 State of Illinois on or after January 1, 2008 shall be coded by
3 the manufacturer.
4     (b) Effective January 1, 2010, all firearm ammunition used
5 within the State of Illinois shall be coded by the
6 manufacturer.
7     (c) On or after January 1, 2010, a person in possession of
8 non-coded ammunition that was manufactured prior to January 1,
9 2008, may transfer the same only to an heir, to an individual
10 residing in another state maintaining the ammunition in another
11 state, or to a federally licensed firearms dealer.
12     (d) This Section does not apply to any memorabilia or
13 display item that is filled with a permanent inert substance or
14 that is otherwise permanently altered in a manner that prevents
15 ready modification for use as live ammunition.
 
16     Section 15. Authority to establish an Ammunition Coding
17 System Database.
18     (a) The Department of State Police shall be responsible for
19 establishing and maintaining an Ammunition Coding System
20 Database (ACSD) containing the following information:
21         (1) Manufacturer registry. The manufacturers shall:
22     (i) register with the Department of State Police in a
23     manner prescribed by the Department through rule; and (ii)
24     maintain records on the business premises for a period of
25     seven years concerning all sales, loans, and transfers of

 

 

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1     ammunition, to, from, or within the State.
2         (2) Vendor registry. The vendors shall:
3             (A) register with Department of State Police in a
4         manner prescribed by the Department through rule;
5             (B) record the following information in a format
6         prescribed by rule by the Department of State Police:
7         (i) the date of the transaction; (ii) the name of the
8         transferee; (iii) the purchaser's driver's license
9         number or other government issued identification card
10         number; (iv) the date of birth of the purchaser; (v)
11         the unique identifier of all ammunition; and (vi) such
12         other information as the Department of State Police may
13         by rule prescribe; and
14             (C) maintain records on the business premises for a
15         period of 3 years from the date of the recorded
16         purchase.
17     (b) To the greatest extent possible or practical, the ACSD
18 shall be built within the framework of existing firearms
19 databases. Subject to appropriation, the ACSD shall be
20 operational no later than January 1, 2008.
21     (c) Privacy of individuals is of the utmost importance.
22 Access to information in the ACSD is reserved for law
23 enforcement personnel and to be released only in connection
24 with a criminal investigation.
 
25     Section 20. Penalties.

 

 

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1     (a) Any vendor that knowingly fails to comply with this
2 Act, or who knowingly falsifies the records required to be kept
3 under this Act, is guilty of a petty offense and is subject to
4 a fine of $1,000 for each violation. Each retail package of
5 ammunition sold in violation of this Act shall be deemed a
6 separate violation.
7     (b) Any manufacturer that knowingly fails to comply with
8 the requirement of this Act is guilty of a petty offense, and
9 is subject to a fine of $1,000 for a first violation and for a
10 second violation is guilty of a business offense and is subject
11 to a fine of $5,000, and for a third or subsequent violation is
12 guilty of a business offense and is subject to a fine of
13 $10,000. Each wholesale package manufactured in violation of
14 this Act shall be deemed a separate violation.
15     (c) Any person who knowingly destroys, obliterates, or
16 otherwise renders unreadable, the serialization required
17 pursuant to this Act, on any bullet or assembled ammunition,
18 shall be guilty of a Class 4 felony. This subsection (c) shall
19 not apply to any person who destroys, obliterates, or otherwise
20 renders unreadable, the serialization required hereunder in
21 the process of filling ammunition with a permanent inert
22 substance or otherwise permanently altering it in a manner that
23 prevents ready modification for use as live ammunition.".