Illinois General Assembly - Full Text of HB0786
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Full Text of HB0786  102nd General Assembly

HB0786 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0786

 

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. Deletes existing preemption provisions concerning firearms. Provides that regulation of the ownership and possession of firearms and related items are the exclusive powers and functions of the State. Provides that a local government, including a home rule unit, may not require registration, reporting of the sale or transfer of a firearm, or maintenance of a firearm registry. Provides that any existing or future local ordinances or resolutions imposing any registration requirement on firearms and related items are invalid and void. Effective immediately.


LRB102 04206 RLC 14223 b

HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0786LRB102 04206 RLC 14223 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) (Blank). Except as otherwise provided in the Firearm
9Concealed Carry Act and subsections (b) and (c) of this
10Section, the provisions of any ordinance enacted by any
11municipality which requires registration or imposes greater
12restrictions or limitations on the acquisition, possession and
13transfer of firearms than are imposed by this Act, are not
14invalidated or affected by this Act.
15    (b) (Blank). Notwithstanding subsection (a) of this
16Section, the regulation, licensing, possession, and
17registration of handguns and ammunition for a handgun, and the
18transportation of any firearm and ammunition by a holder of a
19valid Firearm Owner's Identification Card issued by the
20Department of State Police under this Act are exclusive powers
21and functions of this State. Any ordinance or regulation, or
22portion of that ordinance or regulation, enacted on or before
23the effective date of this amendatory Act of the 98th General

 

 

HB0786- 2 -LRB102 04206 RLC 14223 b

1Assembly that purports to impose regulations or restrictions
2on a holder of a valid Firearm Owner's Identification Card
3issued by the Department of State Police under this Act in a
4manner that is inconsistent with this Act, on the effective
5date of this amendatory Act of the 98th General Assembly,
6shall be invalid in its application to a holder of a valid
7Firearm Owner's Identification Card issued by the Department
8of State Police under this Act.
9    (c) (Blank). Notwithstanding subsection (a) of this
10Section, the regulation of the possession or ownership of
11assault weapons are exclusive powers and functions of this
12State. Any ordinance or regulation, or portion of that
13ordinance or regulation, that purports to regulate the
14possession or ownership of assault weapons in a manner that is
15inconsistent with this Act, shall be invalid unless the
16ordinance or regulation is enacted on, before, or within 10
17days after the effective date of this amendatory Act of the
1898th General Assembly. Any ordinance or regulation described
19in this subsection (c) enacted more than 10 days after the
20effective date of this amendatory Act of the 98th General
21Assembly is invalid. An ordinance enacted on, before, or
22within 10 days after the effective date of this amendatory Act
23of the 98th General Assembly may be amended. The enactment or
24amendment of ordinances under this subsection (c) are subject
25to the submission requirements of Section 13.3. For the
26purposes of this subsection, "assault weapons" means firearms

 

 

HB0786- 3 -LRB102 04206 RLC 14223 b

1designated by either make or model or by a test or list of
2cosmetic features that cumulatively would place the firearm
3into a definition of "assault weapon" under the ordinance.
4    (d) (Blank). For the purposes of this Section, "handgun"
5has the meaning ascribed to it in Section 5 of the Firearm
6Concealed Carry Act.
7    (d-1) The regulation of the ownership and possession of
8firearms and ammunition, components, accessories, or
9accoutrements for firearms are exclusive powers and functions
10of this State. A unit of local government, including a home
11rule unit, may not require the registration of the person or
12firearm or ammunition as a condition of ownership or
13possession of the firearm or ammunition.
14    (d-2) No unit of local government, including a home rule
15unit, may require that any person, corporation, or entity
16report the sale or transfer of a firearm or ammunition or
17maintain a registry or list of the sale or transfer of a
18firearm or ammunition.
19    (d-3) The provisions of any ordinance or resolution
20adopted before, on, or after the effective date of this
21amendatory Act of the 102nd General Assembly by any unit of
22local government, including a home rule unit, that imposes any
23type of registration requirement on the ownership or
24possession of firearms and ammunition, components,
25accessories, and accoutrements of firearms are invalid and
26void.

 

 

HB0786- 4 -LRB102 04206 RLC 14223 b

1    (e) This Section is a denial and limitation of home rule
2powers and functions under subsection (h) of Section 6 of
3Article VII of the Illinois Constitution.
4(Source: P.A. 98-63, eff. 7-9-13.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.