Illinois General Assembly - Full Text of HB0781
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Full Text of HB0781  102nd General Assembly

HB0781 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0781

 

Introduced 2/10/2021, by Rep. Patrick Windhorst

 

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 impose a tax, fee, or other assessment other than a retailers' occupation tax rate for goods on a firearm, firearm attachment, or firearm ammunition. Provides that the provisions of any ordinance or resolution, in effect or adopted, on or after the effective date of the amendatory Act by any unit of local government, including a home rule unit, that imposes a tax, fee, or other assessment other a retailers' occupation tax rate for goods on a firearm, firearm attachment, or firearm ammunition are invalid and void. Effective immediately.


LRB102 04204 RLC 14221 b

HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0781LRB102 04204 RLC 14221 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Owners Identification Card Act is
5amended by changing Section 13.1 as follows:
 
6    (430 ILCS 65/13.1)  (from Ch. 38, par. 83-13.1)
7    Sec. 13.1. Preemption.
8    (a) Except as otherwise provided in the Firearm Concealed
9Carry Act and subsections (b) and (c) of this Section, the
10provisions of any ordinance enacted by any municipality which
11requires registration or imposes greater restrictions or
12limitations on the acquisition, possession and transfer of
13firearms than are imposed by this Act, are not invalidated or
14affected by this Act.
15    (b) Notwithstanding subsection (a) of this Section, the
16regulation, licensing, possession, and registration of
17handguns and ammunition for a handgun, and the transportation
18of any firearm and ammunition by a holder of a valid Firearm
19Owner's Identification Card issued by the Department of State
20Police under this Act are exclusive powers and functions of
21this State. Any ordinance or regulation, or portion of that
22ordinance or regulation, enacted on or before the effective
23date of this amendatory Act of the 98th General Assembly that

 

 

HB0781- 2 -LRB102 04204 RLC 14221 b

1purports to impose regulations or restrictions on a holder of
2a valid Firearm Owner's Identification Card issued by the
3Department of State Police under this Act in a manner that is
4inconsistent with this Act, on the effective date of this
5amendatory Act of the 98th General Assembly, shall be invalid
6in its application to a holder of a valid Firearm Owner's
7Identification Card issued by the Department of State Police
8under this Act.
9    (c) Notwithstanding subsection (a) of this Section, the
10regulation of the possession or ownership of assault weapons
11are exclusive powers and functions of this State. Any
12ordinance or regulation, or portion of that ordinance or
13regulation, that purports to regulate the possession or
14ownership of assault weapons in a manner that is inconsistent
15with this Act, shall be invalid unless the ordinance or
16regulation is enacted on, before, or within 10 days after the
17effective date of this amendatory Act of the 98th General
18Assembly. Any ordinance or regulation described in this
19subsection (c) enacted more than 10 days after the effective
20date of this amendatory Act of the 98th General Assembly is
21invalid. An ordinance enacted on, before, or within 10 days
22after the effective date of this amendatory Act of the 98th
23General Assembly may be amended. The enactment or amendment of
24ordinances under this subsection (c) are subject to the
25submission requirements of Section 13.3. For the purposes of
26this subsection, "assault weapons" means firearms designated

 

 

HB0781- 3 -LRB102 04204 RLC 14221 b

1by either make or model or by a test or list of cosmetic
2features that cumulatively would place the firearm into a
3definition of "assault weapon" under the ordinance.
4    (c-5) A unit of local government, including a home rule
5unit, may not impose a tax, fee, or other assessment other than
6a retailers' occupation tax rate for goods on a firearm,
7firearm attachment, or firearm ammunition. The provisions of
8any ordinance or resolution, in effect or adopted, on or after
9the effective date of this amendatory Act of the 102nd General
10Assembly by any unit of local government, including a home
11rule unit, that imposes a tax, fee, or other assessment other
12than a retailers' occupation tax rate for goods on a firearm,
13firearm attachment, or firearm ammunition are invalid and
14void.
15    (d) For the purposes of this Section, "handgun" has the
16meaning ascribed to it in Section 5 of the Firearm Concealed
17Carry Act.
18    (e) This Section is a denial and limitation of home rule
19powers and functions under subsection (h) of Section 6 of
20Article VII of the Illinois Constitution.
21(Source: P.A. 98-63, eff. 7-9-13.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.