Full Text of HB2414 94th General Assembly
HB2414 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB2414
Introduced 2/17/2005, by Rep. Edward J. Acevedo SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/24-1.7 new |
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720 ILCS 5/24-1.8 new |
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Amends the Criminal Code of 1961. Prohibits the
knowing
manufacture, delivery, and
possession of semiautomatic assault
weapons, assault weapon
attachments, 50 caliber rifles, and 50 caliber cartridges.
Provides for an affirmative defense to a violation for
peace
officers, correctional institution employees and
officers, members of the Armed Services and Reserve Forces of the United
States, and the Illinois National Guard while these
persons are in the performance of their duties.
Establishes penalties for violations.
Prohibits the knowing manufacture,
delivery, and
possession of a large capacity ammunition feeding device (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 and any combination of parts from which such a device can be
assembled). Establishes penalties for violations. Requires a person who
possesses a large capacity ammunition
feeding device on the effective date of the amendatory Act, within 90 days
after that date, to destroy the device, render the device permanently
inoperable,
relinquish
the device to a law enforcement agency, or remove the device from the
State. Establishes as an affirmative defense to a violation, the delivery or
possession of a large capacity ammunition feeding device while in the
performance of their official duties by peace officers, correctional
institutional
employees and officials, and members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard.
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A BILL FOR
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HB2414 |
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LRB094 09150 RLC 39382 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by adding | 5 |
| Sections 24-1.7 and 24-1.8 as
follows:
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| (720 ILCS 5/24-1.7 new)
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| Sec. 24-1.7. Manufacture, possession, and delivery of | 8 |
| semiautomatic
assault
weapons, assault weapon
attachments, 50 | 9 |
| caliber rifles, and 50 caliber cartridges.
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| (a) The General Assembly finds that: | 11 |
| (1) the high rate of fire and capacity for
firepower of | 12 |
| semiautomatic assault weapons and
assault weapon | 13 |
| attachments
pose a significant threat to the health, | 14 |
| safety, and welfare of
the citizens of this State, that the | 15 |
| use of these weapons or attachments for sport
or recreation | 16 |
| is substantially outweighed by the danger these weapons and | 17 |
| attachments present to human life, and that restrictions | 18 |
| should therefore be placed
on the manufacture, delivery, | 19 |
| and possession of these weapons and attachments; | 20 |
| (2) 50 caliber rifles are military-style firearms, | 21 |
| used by armed forces around the world,
which combine long | 22 |
| range accuracy and massive power and are accurate to
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| distances of 1,000 to 2,000 yards (10 to 20 football | 24 |
| fields), depending on the skill of the shooter,
and can | 25 |
| penetrate armored vehicles, disable aircraft, and damage | 26 |
| industrial targets, such as
refineries and hazardous | 27 |
| chemical plants; | 28 |
| (3) 50 caliber rifles have been associated with | 29 |
| significant criminal activity, both domestic and | 30 |
| international, and that there is a nexus between these | 31 |
| weapons and terrorist
groups, outlaw motorcycle gangs, | 32 |
| international drug cartels, domestic drug dealers,
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LRB094 09150 RLC 39382 b |
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| religious cults, militia groups, potential assassins, and | 2 |
| violent criminals; | 3 |
| (4) 50 caliber rifles and ammunition are proliferating | 4 |
| on the civilian market in the United
States; | 5 |
| (5) despite the attractiveness of 50 caliber rifles to | 6 |
| criminals and potential terrorists, these
firearms are | 7 |
| treated as ordinary long guns under existing federal and | 8 |
| Illinois law, and can be
legally purchased in this State by | 9 |
| any 18-year old who possesses a valid Firearm Owner's | 10 |
| Identification Card and whose criminal history records and | 11 |
| mental health records do not disqualify the person from | 12 |
| possessing those rifles but purchasers of
handguns, in | 13 |
| contrast, must be at least 21 years old; and | 14 |
| (6) the uncontrolled
proliferation and use of 50 | 15 |
| caliber rifles poses an unacceptable threat to the health, | 16 |
| safety, and
security of the public.
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| It is the intent of this Act to reduce the risk of personal | 18 |
| injury, death and property damage caused by these weapons
of | 19 |
| war.
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| (b) Definitions. In this Section:
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| (1) "Semi-automatic assault weapon" means:
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| (A) any of the firearms or types, replicas, or | 23 |
| duplicates in any
caliber
of the firearms, known as:
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| (i) Norinco, Mitchell, and Poly Technologies | 25 |
| Avtomat Kalashnikovs (all
models);
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| (ii) Action Arms Israeli Military Industries | 27 |
| UZI and Galil;
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| (iii) Beretta AR-70 (SC-70);
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| (iv) Colt AR-15;
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| (v) Fabrique Nationale FN/FAL, FN/LAR, and | 31 |
| FNC;
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| (vi) SWD M-10, M-11, M-11/9, and M-12;
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| (vii) Steyr AUG;
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| (viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
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| (ix) any shotgun which contains its ammunition | 36 |
| in a revolving
cylinder,
such as (but not limited |
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HB2414 |
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LRB094 09150 RLC 39382 b |
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| to) the Street Sweeper and Striker 12;
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| (x) any firearm having a caliber of 50 or | 3 |
| greater;
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| (B) a semiautomatic rifle that has an ability to | 5 |
| accept a detachable
magazine and has any of the | 6 |
| following:
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| (i) a folding or telescoping stock;
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| (ii) a pistol grip that protrudes | 9 |
| conspicuously beneath the action of
the
weapon;
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| (iii) a bayonet mount;
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| (iv) a flash suppressor or barrel having a | 12 |
| threaded muzzle; or
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| (v) a grenade launcher;
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| (C) a semi-automatic pistol that has an ability to | 15 |
| accept a detachable
magazine and has any of the | 16 |
| following:
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| (i) an ammunition magazine that attaches to | 18 |
| the pistol outside of the
pistol grip;
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| (ii) a barrel having a threaded muzzle;
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| (iii) a shroud that is attached to, or | 21 |
| partially or completely encircles
the barrel, and | 22 |
| that permits the shooter to hold the firearm with | 23 |
| the
non-trigger hand without being burned;
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| (iv) a manufactured weight of 50 ounces or more | 25 |
| when the pistol is
unloaded; or
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| (v) a semiautomatic version of an automatic | 27 |
| firearm;
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| (D) a semiautomatic shotgun that has any of the | 29 |
| following:
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| (i) a folding or telescoping stock;
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| (ii) a pistol grip that protrudes | 32 |
| conspicuously beneath the action of
the weapon;
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| (iii) a fixed magazine capacity in excess of 5 | 34 |
| rounds; or
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| (iv) an ability to accept a detachable | 36 |
| magazine.
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LRB094 09150 RLC 39382 b |
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| "Semiautomatic assault weapon" does not include:
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| (A) any firearm that:
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| (i) is manually operated by bolt, pump, lever | 4 |
| or slide action;
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| (ii) is an "unserviceable firearm" or has been | 6 |
| made permanently
inoperable; or
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| (iii) is an antique firearm;
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| (B) any semiautomatic rifle that cannot accept a | 9 |
| detachable magazine that
holds more than 5 rounds of | 10 |
| ammunition; or
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| (C) any semiautomatic shotgun that cannot hold | 12 |
| more than 5 rounds of
ammunition in a fixed or | 13 |
| detachable magazine.
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| (2) "Assault weapon attachment" means any device | 15 |
| capable of being
attached to a firearm that is specifically | 16 |
| designed for making
or converting a firearm into any of the | 17 |
| firearms listed in
paragraph (1) of subsection (b) of this | 18 |
| Section.
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| (3) "Antique firearm" has the meaning ascribed to it in | 20 |
| 18 U.S.C.
Section 921(a)(16).
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| (4) "50 caliber rifle" means a centerfire rifle capable | 22 |
| of firing
a 50 caliber cartridge. The term does not include | 23 |
| any antique firearm, as defined in 18 U.S.C.
Section | 24 |
| 921(a)(16). | 25 |
| (5) "50 caliber cartridge" means a cartridge in 50 | 26 |
| caliber,
either by designation or actual measurement, | 27 |
| including but not limited to a .50 BMG cartridge,
that is | 28 |
| capable of being fired from a centerfire rifle. The term | 29 |
| "50 caliber cartridge" does not
include any memorabilia or | 30 |
| display item that is filled with a permanent inert | 31 |
| substance or that is
otherwise permanently altered in a | 32 |
| manner that prevents ready modification for use as live
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| ammunition.
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| (c) Except as provided in subsection (e), 90 days after the
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| effective date of this
amendatory Act of the 94th General | 36 |
| Assembly,
it is unlawful for any person
within this State, to |
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HB2414 |
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LRB094 09150 RLC 39382 b |
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| knowingly
manufacture, deliver, or possess or cause to be | 2 |
| manufactured, delivered, or
possessed, a semiautomatic assault | 3 |
| weapon, an assault weapon attachment, any 50 caliber rifle, or | 4 |
| 50 caliber cartridge.
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| (d) Any person who
knowingly
possesses a semiautomatic | 6 |
| assault weapon, assault weapon attachment, any 50 caliber rifle | 7 |
| or 50 caliber cartridge must,
within 90 days after the | 8 |
| effective date of this
amendatory Act of the 94th General | 9 |
| Assembly, destroy the
weapon or attachment, render it | 10 |
| permanently inoperable, relinquish it to a
law enforcement | 11 |
| agency, or remove it from this State.
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| (e) A person has an affirmative defense to an alleged | 13 |
| violation of
subsection (c) of this Section if he or she | 14 |
| lawfully possessed or delivered
the
semiautomatic assault | 15 |
| weapon, assault weapon attachment, any 50 caliber rifle, or 50 | 16 |
| caliber cartridge while
in the performance of his or her | 17 |
| official duties as a peace officer,
correctional
institution | 18 |
| employee or official, or member of the Armed Services or | 19 |
| Reserve
Forces of the United States, or of the Illinois | 20 |
| National Guard.
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| (f) Sentence.
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| (1) A person who manufactures, possesses, or delivers a | 23 |
| semiautomatic
assault weapon in violation of this Section | 24 |
| commits a Class 3 felony for a
first violation and a Class | 25 |
| 2 felony for a second or subsequent violation or
for the | 26 |
| possession or delivery of 2 or more of these weapons at the | 27 |
| same time.
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| (2) A person who possesses or delivers in violation of
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| this
Section an
assault weapon attachment commits a Class 4 | 30 |
| felony for a first
violation and a Class 3 felony for a | 31 |
| second or subsequent violation.
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| (3) A person who manufactures, possesses, or delivers | 33 |
| in violation of
this
Section a 50 caliber rifle commits a | 34 |
| Class 4 felony. | 35 |
| (4) A person who possesses or delivers in violation of | 36 |
| this Section a 50 caliber cartridge commits a Class A |
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HB2414 |
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LRB094 09150 RLC 39382 b |
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| misdemeanor.
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| (720 ILCS 5/24-1.8 new)
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| Sec. 24-1.8. Manufacture, possession, and delivery of | 4 |
| large capacity
ammunition feeding devices.
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| (a) As used in this Section:
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| "Large capacity ammunition feeding device" means:
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| (1) a magazine, belt, drum, feed strip, or similar | 8 |
| device that has a
capacity of, or that can be readily | 9 |
| restored or converted to accept, more than
10 rounds of | 10 |
| ammunition; or
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| (2) any combination of parts from which a device | 12 |
| described in
paragraph (1) can be assembled.
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| "Large capacity ammunition feeding device" does not | 14 |
| include an attached
tubular device designed to accept, and
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| capable of operating only with, .22 caliber rimfire ammunition | 16 |
| or any device
that has been made permanently inoperable.
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| (b) Except as provided in subsection (c), it is unlawful | 18 |
| for any person
within this State, beginning 90 days after the | 19 |
| effective date of this
amendatory Act of the 94th General | 20 |
| Assembly, to knowingly
manufacture, deliver, or possess or | 21 |
| cause to be manufactured, delivered, or
possessed, a large | 22 |
| capacity ammunition
feeding
device.
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| (c) Any person who
knowingly
possesses a large capacity | 24 |
| ammunition feeding device
on
the effective date of this | 25 |
| amendatory Act of the 94th General Assembly
must, within 90 | 26 |
| days after the effective date of this amendatory Act of the
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| 94th General Assembly, destroy the device, render it | 28 |
| permanently inoperable,
relinquish it to a law enforcement
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| agency, or remove it from this State.
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| (d) A person has an affirmative defense to an alleged | 31 |
| violation of
subsection (c) of this Section if he or she | 32 |
| lawfully possessed or delivered
the
large capacity ammunition | 33 |
| feeding device while
in the performance of his or her official | 34 |
| duties as a peace officer,
correctional
institution employee or | 35 |
| official, or member of the Armed Services or Reserve
Forces of |
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HB2414 |
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LRB094 09150 RLC 39382 b |
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| the United States or of the Illinois National Guard.
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| (e) Sentence.
A
person who possesses or delivers in | 3 |
| violation of this Section a large capacity
ammunition feeding | 4 |
| device capable of holding more than 17 rounds of ammunition
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| commits a Class 3 felony for a first violation and a Class 2 | 6 |
| felony for a
second or subsequent violation or for possession
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| or delivery of 2 or more of these
devices
at the same time. A | 8 |
| person who possesses or delivers in violation of this
Section a | 9 |
| large capacity ammunition feeding device capable of holding | 10 |
| more than
10 rounds but not more than 17 rounds of ammunition | 11 |
| commits a Class 4 felony
for a first violation and a Class 3 | 12 |
| felony for a second or subsequent violation
or for possession | 13 |
| or delivery of more than one of these devices at the same
time.
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