SB2342 98TH GENERAL ASSEMBLY

LRB098 10724 MLW 41054 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2342

Introduced 2/15/2013, by Sen. Antonio Muņoz

SYNOPSIS AS INTRODUCED:

720 ILCS 5/24-1.9 new
720 ILCS 5/24-1.10 new

Amends the Criminal Code of 2012. Makes it unlawful to deliver, sell, or purchase or cause to be delivered, sold, or purchased or cause to be possessed by another, an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge. Makes it unlawful for any person to knowingly possess an assault weapon, .50 caliber rifle, or .50 caliber cartridge 300 days after the effective date of this amendatory Act, except possession of weapons registered with the State Police in the time provided. Provides exemptions and penalties. Prohibits delivery, sale, purchase or possession of large capacity ammunition feeding devices. Provides exemptions and penalties. Effective immediately.

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 2012 is amended by adding Sections 24-1.9 and 24-1.10 as follows:

(720 ILCS 5/24-1.9 new)

Sec. 24-1.9. Possession, delivery, sale, and purchase of assault weapons, .50 caliber rifles, and .50 caliber cartridges.

(a) Definitions. As used in this Section:

(1) "Assault weapon" means:

(A) any rifle which has a belt fed ammunition system or which has a detachable magazine capable of holding more than 10 rounds of ammunition;

(B) a semi-automatic rifle that has the ability to accept a detachable magazine and has any of the following:

(i) a folding or telescoping stock; or

(ii) a shroud that is attached to, or partially or completely encircles the barrel, and that permits the shooter to hold the firearm with the non-trigger hand without being burned;

(C) a semi-automatic pistol that has the ability to accept a detachable magazine and has any of the following:

(i) a folding or telescoping stock;

(ii) a shroud that is attached to, or partially or completely encircles the barrel, and that permits the shooter to hold the firearm with the non-trigger hand without being burned; or

(iii) a manufactured weight of 50 ounces or more when the pistol is unloaded.

(D) a semi-automatic rifle with a fixed magazine that has the capacity to accept more than 10 rounds of ammunition;

(E) a semi-automatic shotgun that has:

(i) a folding or telescoping stock; and

(ii) contains its ammunition in a revolving cylinder; or

(iii) a fixed magazine capacity in excess of 5 rounds of ammunition, except as may be authorized under the Wildlife Code and excluding magazine extensions during the snow geese conservation order season; or

(iv) an ability to accept a detachable magazine of more than 5 rounds of ammunition.

"Assault weapon" does not include:

(A) any firearm that:

(i) is manually operated by bolt, pump, lever, or slide action;

(ii) is an unserviceable firearm or has been made permanently inoperable;

(iii) is an antique firearm;

(iv) uses rimfire ammunition or cartridges; or

(iv) has been excluded as an assault weapon in a Department of Natural Resources rule. The Department of Natural Resources shall have the authority to adopt rules to further define exclusions of assault weapon types under this Section, provided the make, model, and caliber of the firearm excluded has a viable application to hunting game and conforms to accepted hunting principles of fair chase.

(B) any air rifle as defined in Section 24.8-0.1 of this Code.

For the purposes of this Section, a firearm is considered to have the ability to accept a detachable magazine unless the magazine or ammunition feeding device can only be removed through disassembly of the firearm action.

(2) "Assault weapon attachment" means any device capable of being attached to a firearm that is specifically designed for making or converting a firearm into any of the firearms listed in paragraph (1) of this subsection (a).

(3) "Antique firearm" has the meaning ascribed to it in 18 U.S.C. 921 (a)(16).

(4) ".50 caliber rifle" means a centerfire rifle capable of firing a .50 caliber cartridge. The term does not include any antique firearm, any shotgun including a shotgun that has a rifle barrel, or any muzzle-loader which uses black powder for hunting or historical re-enactments.

(5) ".50 caliber cartridge" means a cartridge in .50 BMG caliber, either by designation or actual measurement, that is capable of being fired from a centerfire rifle. The term ".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 or shotgun ammunition with a caliber measurement that is equal to or greater than .50 caliber.

(6) "Locking mechanism" means secured by a device or mechanism, other than the firearm safety, designed to render a firearm temporarily inoperable; or a box or container capable of containing the firearm and that can be securely locked.

(b) The Department of State Police shall take all steps necessary to carry out the requirements of this Section within 180 days after the effective date of this amendatory Act of the 98th General Assembly.

(c) Except as provided in subsections (d), (e), (f), and (h) of this Section, on or after the effective date of this amendatory Act of the 98th General Assembly, it is unlawful for any person within this State to knowingly deliver, sell, or purchase or cause to be delivered, sold, or purchased or cause to be possessed by another, an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge.

(d) Except as otherwise provided in subsections (e), (f), and (h) of this Section, 300 days after the effective date of this amendatory Act of the 98th General Assembly, it is unlawful for any person within this State to knowingly possess an assault weapon, .50 caliber rifle, or .50 caliber cartridge.

(e) This Section does not apply to a person who possessed an assault weapon or .50 caliber rifle prohibited by subsection (d) of this Section before the effective date of this amendatory Act of the 98th General Assembly, provided the person has provided in a registration affidavit, under oath or affirmation and in the form and manner prescribed by the Department of State Police on or after 180 days after the effective date of this amendatory Act of the 98th General Assembly but within 300 days after the effective date of this amendatory Act of the 98th General Assembly:

(1) his or her name;

(2) date of birth;

(3) Firearm Owner's Identification Card number;

(4) the make, model, caliber, and serial number of the weapon; and

(5) proof of a locking mechanism that properly fits the weapon. The affidavit shall include a statement that the weapon is owned by the person submitting the affidavit and that he or she owns a locking mechanism for the weapon.

The affidavit form shall include the following statement printed in bold type: "Warning: Entering false information on this form is punishable as perjury under Section 32-2 of the Criminal Code of 2012."

Beginning 300 days after the effective date of this amendatory Act of the 98th General Assembly, the person may transfer the assault weapon or .50 caliber rifle only to an heir, an individual residing in another state maintaining it in another state, or a dealer licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968. Within 10 days after transfer of the weapon except to an heir, the person shall notify the Department of State Police of the name and address of the transferee and comply with the requirements of subsection (b) of Section 3 of the Firearm Owners Identification Card Act. The person to whom the weapon is transferred shall, within 60 days of the transfer, complete an affidavit and pay the required registration fee under this Section. A person to whom the weapon is transferred may transfer it only as provided in this subsection.

(f) This Section does not apply to a peace officer who has retired in good standing from a law enforcement agency of this State and who possesses an assault weapon or .50 caliber rifle prohibited by subsection (d) of this Section, if the weapon was lawfully possessed and acquired by the peace officer prior to retirement and the retired peace officer within 30 days of retirement registers the weapon with the Department of State Police and pays the required registration fee under this Section. The retired peace officer shall comply with the transfer and notification requirements in subsection (e) of this Section.

(g) For the purpose of registration required under subsections (e) and (f) of this Section, the Department of State Police shall assess a registration fee of $25 per person to the owner of an assault weapon and $25 per person to the owner of a .50 caliber rifle. The fees shall be deposited into the State Police Firearm Services Fund.

(h) This Section does not apply to or affect any of the following:

(1) Peace officers as defined in Section 2-13 of this Code.

(2) Acquisition and possession by a local law enforcement agency for the purpose of equipping the agency's peace officers as defined in paragraph (1) of this subsection.

(3) Wardens, superintendents, and keepers of prisons, penitentiaries, jails, and other institutions for the detention of persons accused or convicted of an offense.

(4) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard, while in the performance of their official duties or while traveling to or from their place of duty.

(5) Any company that employs armed security officers in this State at a nuclear energy, storage, weapons, or development site or facility regulated by the federal Nuclear Regulatory Commission and persons employed as an armed security force member at a nuclear energy, storage, weapons, or development site or facility regulated by the federal Nuclear Regulatory Commission who have completed the background screening and training mandated by the rules and regulations of the federal Nuclear Regulatory Commission and while in the performance of their official duties.

(6) Manufacture, transportation, or sale of weapons, attachments, or ammunition to persons authorized under subdivisions (1) through (5) of this subsection (h) to possess those items.

(7) Manufacture, transportation, or sale of weapons, attachments, or ammunition for sale or transfer in another state.

(8) Possession of any firearm if that firearm is sanctioned by the International Olympic Committee and by USA Shooting, the national governing body for international shooting competition in the United States, but only when the firearm is in the actual possession of an Olympic target shooting competitor or target shooting coach for the purpose of storage, transporting to and from Olympic target shooting practice or events if the firearm is broken down in a non-functioning state, is not immediately accessible, or is unloaded and enclosed in a firearm case, carrying box, shipping box, or other similar portable container designed for the safe transportation of firearms, and when the Olympic target shooting competitor or target shooting coach is engaging in those practices or events. For the purposes of this paragraph (8), "firearm" is as defined in Section 1.1 of the Firearm Owners Identification Card Act.

(9) Any non-resident who transports, within 24 hours, a weapon for any lawful purpose from any place where he or she may lawfully possess and carry that weapon to any other place where he or she may lawfully possess and carry that weapon if, during the transportation the weapon is unloaded, and neither the weapon nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of the transporting vehicle. Provided that, in the case of a vehicle without a compartment separate from the driver's compartment the weapon or ammunition shall be contained in a locked container other than the glove compartment or console.

(10) Possession of a weapon at events taking place at the World Shooting and Recreational Complex at Sparta, only while engaged in the legal use of this weapon, or while traveling to or from this location if the weapon is broken down in a non-functioning state, or is not immediately accessible, or is unloaded and enclosed in a firearm case, carrying box, shipping box, or other similar portable container designed for the safe transportation of firearms.

(11) Possession of a weapon only for hunting use expressly permitted under the Wildlife Code, or while traveling to or from a location authorized for this hunting use under the Wildlife Code if the weapon is broken down in a non-functioning state, or is not immediately accessible, or is unloaded and enclosed in a firearm case, carrying box, shipping box, or other similar portable container designed for the safe transportation of firearms.

(12) The manufacture, transportation, possession, sale, or rental of blank-firing assault weapons and .50 caliber rifles, or the weapon's respective attachments, to persons authorized or permitted, or both authorized and permitted to acquire and possess these weapons or attachments for the purpose of rental for use solely as props for a motion picture, television, or video production or entertainment event.

(i) Sentence.

(1) A person who knowingly delivers, sells, purchases, or possesses or causes to be delivered, sold, purchased, or possessed an assault weapon in violation of this Section commits a Class 3 felony for a first violation and a Class 2 felony for a second or subsequent violation or for the possession or delivery of 2 or more of these weapons at the same time.

(2) A person who knowingly delivers, sells, purchases, or possesses or causes to be delivered, sold, purchased, or possessed in violation of this Section an assault weapon attachment commits a Class 4 felony for a first violation and a Class 3 felony for a second or subsequent violation.

(3) A person who knowingly delivers, sells, purchases, or possesses or causes to be delivered, sold, purchased, or possessed in violation of this Section a .50 caliber rifle commits a Class 3 felony for a first violation and a Class 2 felony for a second or subsequent violation or for the possession or delivery of 2 or more of these weapons at the same time.

(4) A person who knowingly delivers, sells, purchases, or possesses or causes to be delivered, sold, purchased, or possessed in violation of this Section a .50 caliber cartridge commits a Class A misdemeanor.

(5) Any other violation of this Section is a Class A misdemeanor.

(720 ILCS 5/24-1.10 new)

Sec. 24-1.10. Delivery or sale of large capacity ammunition feeding devices.

(a) As used in this Section:

"Large capacity ammunition feeding device" means:

(1) a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition; or

(2) any combination of parts from which a device described in paragraph (1) can be assembled.

"Large capacity ammunition feeding device" does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition. "Large capacity ammunition feeding device" does not include a tubular magazine that is contained in a lever-action firearm or any device that has been made permanently inoperable.

(b) Except as provided in subsection (c), it is unlawful for any person within this State to knowingly deliver, sell, purchase, or possess or cause to be delivered, sold, or purchased a large capacity ammunition feeding device.

(c) This Section does not apply to or affect any of the following:

(1) Peace officers as defined in Section 2-13 of this Code.

(2) A local law enforcement agency for the purpose of equipping the agency's peace officers as defined in paragraph (1) of this subsection.

(3) Wardens, superintendents, and keepers of prisons, penitentiaries, jails, and other institutions for the detention of persons accused or convicted of an offense.

(4) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard, for the performance of their official duties.

(5) Any company that employs armed security officers in this State at a nuclear energy, storage, weapons, or development site or facility regulated by the federal Nuclear Regulatory Commission and persons employed as an armed security force member at a nuclear energy, storage, weapons, or development site or facility regulated by the federal Nuclear Regulatory Commission who have completed the background screening and training mandated by the rules and regulations of the federal Nuclear Regulatory Commission for the performance of their official duties.

(6) Sale of large capacity ammunition feeding devices to persons authorized under subdivisions (1) through (5) of this subsection (c) to possess those devices.

(7) Sale of large capacity ammunition feeding devices for sale or transfer in another state.

(8) Sale or rental of large capacity ammunition feeding devices for blank-firing assault weapons and .50 caliber rifles, to persons authorized or permitted, or both authorized and permitted to acquire these devices for the purpose of rental for use solely as props for a motion picture, television, or video production or entertainment event.

(d) Sentence. A person who knowingly delivers, sells, purchases, or causes to be delivered, sold, or purchased in violation of this Section a large capacity ammunition feeding device capable of holding more than 15 rounds of ammunition commits a Class 3 felony for a first violation and a Class 2 felony for a second or subsequent violation or for delivery or possession of 2 or more of these devices at the same time. Any other violation of this Section is a Class A misdemeanor.

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