SB3659 98TH GENERAL ASSEMBLY

LRB098 21264 MRW 59366 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3659

Introduced 5/13/2014, by Sen. Dan Kotowski

SYNOPSIS AS INTRODUCED:

430 ILCS 65/3	from Ch. 38, par. 83-3
720 ILCS 5/24-1.9 new
720 ILCS 5/24-1.10 new

Provides the Act may be known as the Illinois Public Safety Act. Amends the Firearm Owners Identification Card Act to require background checks for the transfer of firearms, except to a family member, by operation of law, or at a gun show. Amends the Criminal Code of 2012. Bans possession, delivery, sale, and purchase of assault weapons, attachments, and .50 caliber rifles and cartridges, except possession of weapons registered in time provided. Provides exemptions. Makes it unlawful for any person to knowingly deliver, sell, or transfer, or cause to be delivered, sold, or transferred, a large capacity ammunition feeding device. Defines "large capacity ammunition feeding device". Establishes penalties. Exempts sales and transfers to an heir, an individual residing in another state, or a licensed federal firearms dealer. Provides other exemptions. Provides that a retired peace officer may possess a large capacity ammunition feeding device, if lawfully acquired and possessed prior to retirement and a registration affidavit is filed.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law, which may be known as the Illinois Public Safety Act.

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 3 as follows:

(430 ILCS 65/3) (from Ch. 38, par. 83-3)

Sec. 3. (a) Except as provided in Section 3a, no person may knowingly transfer, or cause to be transferred, any firearm, firearm ammunition, stun gun, or taser to any person within this State unless the transferee with whom he deals displays a currently valid Firearm Owner's Identification Card which has previously been issued in his name by the Department of State Police under the provisions of this Act. In addition, all firearm, stun gun, and taser transfers by federally licensed firearm dealers are subject to Section 3.1.

(a-5) Any person who is not a federally licensed firearm dealer and who desires to transfer or sell a firearm while that person is on the grounds of a gun show must, before selling or transferring the firearm, request the Department of State Police to conduct a background check on the prospective recipient of the firearm in accordance with Section 3.1.

(a-10) Any person who is not a federally licensed firearm dealer and who desires to transfer or sell a firearm or firearms to any person who is not a federally licensed firearm dealer shall, before selling or transferring the firearms, contact the Department of State Police with the transferee's or purchaser's Firearm Owner's Identification Card number to determine the validity of the transferee's or purchaser's Firearm Owner's Identification Card. This subsection shall not be effective until January 1, 2014. The Department of State Police may adopt rules concerning the implementation of this subsection. The Department of State Police shall provide the seller or transferor an approval number if the purchaser's Firearm Owner's Identification Card is valid. Approvals issued by the Department for the purchase of a firearm pursuant to this subsection are valid for 30 days from the date of issue.

(a-11) Any person who is not a federally licensed importer, manufacturer, or dealer and who desires to sell or transfer a firearm to another person, who is not a federally licensed importer, manufacturer, or dealer, shall do so only at the place of business of a federally licensed firearm dealer. The federally licensed firearm dealer shall conduct a background check on the prospective recipient of the firearm in accordance with Section 3.1 of this Act and follow all other applicable federal, State, and local laws as if he or she were the seller of the firearm. The purchaser or transferee may be required by the federally licensed firearm dealer to pay a fee not to exceed $10 per firearm, which the dealer may retain as compensation for performing the functions required under this subsection, plus the applicable fees authorized by Section 3.1.

The provisions of this subsection (a-11) do not apply to:

(1) transfers to the transferor's husband, wife, son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, nephew, niece, uncle, aunt, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, or daughter-in-law;

(2) transfers by persons acting pursuant to operation of law or a court order; or

(3) transfers on the grounds of a gun show.

(a-15) The provisions of subsection (a-10) of this Section do not apply to:

(1) transfers that occur at the place of business of a federally licensed firearm dealer, if the federally licensed firearm dealer conducts a background check on the prospective recipient of the firearm in accordance with Section 3.1 of this Act and follows all other applicable federal, State, and local laws as if he or she were the seller or transferor of the firearm, although the dealer is not required to accept the firearm into his or her inventory. The purchaser or transferee may be required by the federally licensed firearm dealer to pay a fee not to exceed $10 per firearm, which the dealer may retain as compensation for performing the functions required under this paragraph, plus the applicable fees authorized by Section 3.1;

(2) transfers as a bona fide gift to the transferor's husband, wife, son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, nephew, niece, uncle, aunt, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, or daughter-in-law;

(3) transfers by persons acting pursuant to operation of law or a court order;

(4) transfers on the grounds of a gun show under subsection (a-5) of this Section;

(5) the delivery of a firearm by its owner to a gunsmith for service or repair, the return of the firearm to its owner by the gunsmith, or the delivery of a firearm by a gunsmith to a federally licensed firearms dealer for service or repair and the return of the firearm to the gunsmith;

(6) temporary transfers that occur while in the home of the unlicensed transferee, if the unlicensed transferee is not otherwise prohibited from possessing firearms and the unlicensed transferee reasonably believes that possession of the firearm is necessary to prevent imminent death or great bodily harm to the unlicensed transferee;

(7) transfers to a law enforcement or corrections agency or a law enforcement or corrections officer acting within the course and scope of his or her official duties;

(8) transfers of firearms that have been rendered permanently inoperable to a nonprofit historical society, museum, or institutional collection; and

(9) transfers to a person who is exempt from the requirement of possessing a Firearm Owner's Identification Card under Section 2 of this Act.

(a-20) The Department of State Police shall develop an Internet-based system for individuals to determine the validity of a Firearm Owner's Identification Card prior to the sale or transfer of a firearm. The Department shall have the Internet-based system completed and available for use by July 1, 2015. The Department shall adopt rules not inconsistent with this Section to implement this system.

(b) Any person within this State who transfers or causes to be transferred any firearm, stun gun, or taser shall keep a record of such transfer for a period of 10 years from the date of transfer. Such record shall contain the date of the transfer; the description, serial number or other information identifying the firearm, stun gun, or taser if no serial number is available; and, if the transfer was completed within this State, the transferee's Firearm Owner's Identification Card number and any approval number or documentation provided by the Department of State Police pursuant to subsection (a-10) of this Section. On or after January 1, 2006, the record shall contain the date of application for transfer of the firearm. On demand of a peace officer such transferor shall produce for inspection such record of transfer. If the transfer or sale took place at a gun show, the record shall include the unique identification number. Failure to record the unique identification number or approval number is a petty offense.

(b-5) Any resident may purchase ammunition from a person within or outside of Illinois if shipment is by United States mail or by a private express carrier authorized by federal law to ship ammunition. Any resident purchasing ammunition within or outside the State of Illinois must provide the seller with a copy of his or her valid Firearm Owner's Identification Card and either his or her Illinois driver's license or Illinois State Identification Card prior to the shipment of the ammunition. The ammunition may be shipped only to an address on either of those 2 documents.

(c) The provisions of this Section regarding the transfer of firearm ammunition shall not apply to those persons specified in paragraph (b) of Section 2 of this Act.

(Source: P.A. 97-1135, eff. 12-4-12; 98-508, eff. 8-19-13.)

Section 10. 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 15 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 15 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, assault weapon attachment, .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 solely 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) Transfers subject to a written lease for a period not to exceed 10 months, if the lessor of the assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge is the holder of a valid federal firearms license and the lessee is the holder of a permit issued by a unit of local government for an activity involving the possession and use of the weapon, attachment, or cartridge, without live ammunition.

(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, sale, or transfer of large capacity ammunition feeding devices.

(a) As used in this Section:

"Large capacity ammunition feeding device" means:

(1) a detachable 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 15 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 a permanently attached tubular device or any device that has been made permanently inoperable.

(b) Except as provided in subsection (c) or (d), it is unlawful for any person to knowingly deliver, sell, or transfer, or cause to be delivered, sold, or transferred, a large capacity ammunition feeding device. This subsection (b) shall not apply to transfers to an heir, an individual residing in another state maintaining that device in another state, or a dealer licensed as a federal firearms dealer under Section 923 of the Federal Gun Control Act of 1968.

(c) 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 a large capacity ammunition feeding device prohibited by subsection (b) of this Section, if the device was lawfully possessed and acquired by the peace officer prior to retirement and the retired peace officer within 30 days of retirement, provides in a registration affidavit, under oath or affirmation and in the form and manner prescribed by the Department of State Police, his or her name, date of birth, Firearm Owners Identification Card Number, the device's make, model, and caliber. The affidavit shall include a statement that the large capacity ammunition feeding device is owned by the person submitting the affidavit. Each 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.". The retired officer may transfer the device only to an heir, an individual residing in another state maintaining that device 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 device, 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.

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

(7) Manufacture, transportation, or sale of large capacity ammunition feeding devices solely for sale or transfer in another state.

(8) Possession of any large capacity ammunition feeding device if that large capacity ammunition feeding device 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 large capacity ammunition feeding device 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 device is broken down in a non-functioning state, is not immediately accessible, or is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container, and when the Olympic target shooting competitor or target shooting coach is engaging in those practices or events.

(9) Any non-resident who transports, within 24 hours, a large ammunition feeding device for any lawful purpose from any place where he or she may lawfully possess and carry that device to any other place where he or she may lawfully possess and carry that device if, during the transportation the device is unloaded, and neither the device 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 device or ammunition shall be contained in a locked container other than the glove compartment or console.

(10) Possession of a large capacity ammunition feeding device at events taking place at the World Shooting and Recreational Complex at Sparta, only while engaged in the legal use of the device, or while traveling to or from this location if the items are broken down in a non-functioning state, or are not immediately accessible, or are unloaded and enclosed in a case, firearm carrying box, shipping box, or other container.

(11) Possession of a large capacity ammunition feeding device 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 device 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) Transfers subject to a written lease for a period not to exceed 10 months, if the lessor of the large capacity ammunition feeding device is the holder of a valid federal firearms license and the lessee is the holder of a permit issued by a unit of local government for an activity involving the possession and use of the transferred device without live ammunition.

(e) Sentence. A person who knowingly delivers, sells, or transfers, or causes to be delivered, sold, or transferred, in violation of this Section a large capacity ammunition feeding device capable of holding more than 17 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, sale, or transfer of 2 or more of these devices at the same time. A person who knowingly delivers, sells, or transfers, or causes to be delivered, sold, or transferred, in violation of this Section a large capacity ammunition feeding device capable of holding more than 15 rounds but not more than 17 rounds of ammunition commits a Class 4 felony for a first violation and a Class 3 felony for a second or subsequent violation or for delivery, sale, or transfer, of more than one of these devices at the same time.