HB6279 98TH GENERAL ASSEMBLY

LRB098 21650 RLC 60492 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB6279

Introduced , by Rep. Brandon W. Phelps - Jerry F. Costello, II - Mike Smiddy - Katherine Cloonen - Patrick J. Verschoore, et al.

SYNOPSIS AS INTRODUCED:

430 ILCS 65/13.1

from Ch. 38, par. 83-13.1

Amends the Firearm Owners Identification Card Act. Provides that a unit of local government, including a home rule unit, may not assess any fee or tax on any firearm or firearm ammunition, other than a retailers' occupation tax imposed under the Home Rule County Retailers' Occupation Tax Law, the Home Rule Municipal Retailers' Occupation Tax Act, or the Non-Home Rule Municipal Retailers' Occupation Tax Act. Provides that the assessment of fees or taxes on firearms or firearm ammunition, except as otherwise provided in this provision are exclusive powers and functions of the State. Provides that this provision is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution. Effective immediately.

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Firearm Owners Identification Card Act is amended by changing Section 13.1 as follows:

(430 ILCS 65/13.1) (from Ch. 38, par. 83-13.1)

Sec. 13.1. Preemption.

(a) Except as otherwise provided in the Firearm Concealed Carry Act and subsections (b), and (c), and (c-5) of this Section, the provisions of any ordinance enacted by any municipality which requires registration or imposes greater restrictions or limitations on the acquisition, possession and transfer of firearms than are imposed by this Act, are not invalidated or affected by this Act.

(b) Notwithstanding subsection (a) of this Section, the regulation, licensing, possession, and registration of handguns and ammunition for a handgun, and the transportation of any firearm and ammunition by a holder of a valid Firearm Owner's Identification Card issued by the Department of State Police under this Act are exclusive powers and functions of this State. Any ordinance or regulation, or portion of that ordinance or regulation, enacted on or before the effective date of this amendatory Act of the 98th General Assembly that purports to impose regulations or restrictions on a holder of a valid Firearm Owner's Identification Card issued by the Department of State Police under this Act in a manner that is inconsistent with this Act, on the effective date of this amendatory Act of the 98th General Assembly, shall be invalid in its application to a holder of a valid Firearm Owner's Identification Card issued by the Department of State Police under this Act.

(c) Notwithstanding subsection (a) of this Section, the regulation of the possession or ownership of assault weapons are exclusive powers and functions of this State. Any ordinance or regulation, or portion of that ordinance or regulation, that purports to regulate the possession or ownership of assault weapons in a manner that is inconsistent with this Act, shall be invalid unless the ordinance or regulation is enacted on, before, or within 10 days after the effective date of this amendatory Act of the 98th General Assembly. Any ordinance or regulation described in this subsection (c) enacted more than 10 days after the effective date of this amendatory Act of the 98th General Assembly is invalid. An ordinance enacted on, before, or within 10 days after the effective date of this amendatory Act of the 98th General Assembly may be amended. The enactment or amendment of ordinances under this subsection (c) are subject to the submission requirements of Section 13.3. For the purposes of this subsection, "assault weapons" means firearms designated by either make or model or by a test or list of cosmetic features that cumulatively would place the firearm into a definition of "assault weapon" under the ordinance.

(c-5) Notwithstanding subsection (a) of this Section, a unit of local government, including a home rule unit, may not assess any fee or tax on any firearm or firearm ammunition, other than a retailers' occupation tax imposed under the Home Rule County Retailers' Occupation Tax Law, the Home Rule Municipal Retailers' Occupation Tax Act, or the Non-Home Rule Municipal Retailers' Occupation Tax Act. The assessment of fees or taxes on firearms or firearm ammunition, except as otherwise provided in this subsection (c-5) are exclusive powers and functions of the State. This subsection (c-5) is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

(d) For the purposes of this Section, "handgun" has the meaning ascribed to it in Section 5 of the Firearm Concealed Carry Act.

(e) This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

(Source: P.A. 98-63, eff. 7-9-13.)

Section 99. Effective date. This Act takes effect upon becoming law.