Full Text of HB2771 99th General Assembly
HB2771 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB2771 Introduced , by Rep. Randy Frese SYNOPSIS AS INTRODUCED: |
| 430 ILCS 65/13.1 | from Ch. 38, par. 83-13.1 |
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Amends the Firearm Owners Identification Card Act. Provides that the regulation of the delivery of ammunition by the United States Postal Service or other courier by a holder of a valid Firearm Owner's Identification Card issued by the Department of State Police under the Act is an exclusive power and function of the State. Effective immediately.
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| | | HOME RULE NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | | HB2771 | | LRB099 10368 RLC 30595 b |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Firearm Owners Identification Card Act is | 5 | | amended 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 | 9 | | Carry Act and subsections (b) and (c) of this Section, the | 10 | | provisions of any ordinance enacted by any municipality which
| 11 | | requires registration or imposes greater restrictions or | 12 | | limitations on the
acquisition, possession and transfer of | 13 | | firearms than are imposed by this
Act, are not invalidated or | 14 | | affected by this Act.
| 15 | | (b) Notwithstanding subsection (a) of this Section, the | 16 | | regulation, licensing, possession, and registration of | 17 | | handguns and ammunition for a handgun, and the transportation | 18 | | of any firearm and ammunition , including but not limited to the | 19 | | delivery of ammunition by the United States Postal Service or | 20 | | other courier, by a holder of a valid Firearm Owner's | 21 | | Identification Card issued by the Department of State Police | 22 | | under this Act are exclusive powers and functions of this | 23 | | State. Any ordinance or regulation, or portion of that |
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| 1 | | ordinance or regulation, enacted on or before the effective | 2 | | date of this amendatory Act of the 98th General Assembly that | 3 | | purports to impose regulations or restrictions on a holder of a | 4 | | valid Firearm Owner's Identification Card issued by the | 5 | | Department of State Police under this Act in a manner that is | 6 | | inconsistent with this Act, on the effective date of this | 7 | | amendatory Act of the 98th General Assembly, shall be invalid | 8 | | in its application to a holder of a valid Firearm Owner's | 9 | | Identification Card issued by the Department of State Police | 10 | | under this Act. | 11 | | (c) Notwithstanding subsection (a) of this Section, the | 12 | | regulation of the possession or ownership of assault weapons | 13 | | are exclusive powers and functions of this State. Any ordinance | 14 | | or regulation, or portion of that ordinance or regulation, that | 15 | | purports to regulate the possession or ownership of assault | 16 | | weapons in a manner that is inconsistent with this Act, shall | 17 | | be invalid unless the ordinance or regulation is enacted on, | 18 | | before, or within 10 days after the effective date of this | 19 | | amendatory Act of the 98th General Assembly. Any ordinance or | 20 | | regulation described in this subsection (c) enacted more than | 21 | | 10 days after the effective date of this amendatory Act of the | 22 | | 98th General Assembly is invalid. An ordinance enacted on, | 23 | | before, or within 10 days after the effective date of this | 24 | | amendatory Act of the 98th General Assembly may be amended. The | 25 | | enactment or amendment of ordinances under this subsection (c) | 26 | | are subject to the submission requirements of Section 13.3. For |
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| 1 | | the purposes of this subsection, "assault weapons" means | 2 | | firearms designated by either make or model or by a test or | 3 | | list of cosmetic features that cumulatively would place the | 4 | | firearm into a definition of "assault weapon" under the | 5 | | ordinance. | 6 | | (d) For the purposes of this Section, "handgun" has the | 7 | | meaning ascribed to it in Section 5 of the Firearm Concealed | 8 | | Carry Act. | 9 | | (e) This Section is a denial and limitation of home rule | 10 | | powers and functions under subsection (h) of Section 6 of | 11 | | Article VII of the Illinois Constitution. | 12 | | (Source: P.A. 98-63, eff. 7-9-13.)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.
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