HB2414ham006 94TH GENERAL ASSEMBLY

Rep. Edward J. Acevedo

Filed: 5/29/2005

09400HB2414ham006 LRB094 09150 RLC 47306 a

AMENDMENT TO HOUSE BILL 2414

AMENDMENT NO. ______. Amend House Bill 2414, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Criminal Code of 1961 is amended by adding Sections 24-1.7 and 24-1.8 as follows:

(720 ILCS 5/24-1.7 new)

Sec. 24-1.7. Manufacture, possession, and delivery of semiautomatic assault weapons, assault weapon attachments, and .50 caliber rifles.

(a) Definitions. In this Section:

(1) "Semi-automatic assault weapon" means:

(A) any of the firearms or types, replicas, or duplicates in any caliber of the firearms, known as:

(i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models);

(ii) Action Arms Israeli Military Industries UZI and Galil;

(iii) Beretta AR-70 (SC-70);

(iv) Colt AR-15;

(v) Fabrique Nationale FN/FAL, FN/LAR, and FNC;

(vi) SWD M-10, M-11, M-11/9, and M-12;

(vii) Steyr AUG;

(viii) INTRATEC TEC-9, TEC-DC9, and TEC-22; and

(ix) any shotgun which contains its ammunition in a revolving cylinder, such as (but not limited to) the Street Sweeper and Striker 12;

(B) a semiautomatic rifle that has an ability to accept a detachable magazine and has any of the following:

(i) a folding or telescoping stock;

(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon; or

(iii) a flash suppressor or barrel having a threaded muzzle;

(C) a semi-automatic pistol that has an ability to accept a detachable magazine and has any of the following:

(i) an ammunition magazine that attaches to the pistol outside of the pistol grip;

(ii) a barrel having a threaded muzzle;

(iii) 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;

(iv) a manufactured weight of 50 ounces or more when the pistol is unloaded; or

(v) a semiautomatic version of an automatic firearm;

(D) a semiautomatic shotgun that has any of the following:

(i) a folding or telescoping stock;

(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon, except for a grip that is part of or mounted on a weapon with a butt stock;

(iii) a fixed magazine capacity in excess of 5 rounds; or

(iv) an ability to accept a detachable magazine.

"Semiautomatic 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; or

(iv) is lawful for any hunting use permitted under the Wildlife Code;

(B) any semiautomatic rifle that cannot accept a detachable magazine that holds more than 5 rounds of ammunition; or

(C) any semiautomatic shotgun that cannot hold more than 5 rounds of ammunition in a detachable magazine.

(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 subsection (a) of this Section.

(3) "Antique firearm" has the meaning ascribed to it in 18 U.S.C. Section 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 as defined in 18 U.S.C. Section 921(a)(16), any shotgun including a shotgun that has a rifled barrel, or a muzzle-loader used for "black powder" hunting or battle re-enactments.

(5) ".50 caliber cartridge" means a cartridge in .50 caliber, either by designation or actual measurement, including but not limited to a .50 BMG cartridge, 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.

(b) Except as provided in subsections (c) and (d), 90 days after the effective date of this amendatory Act of the 94th General Assembly, it is unlawful for any person within this State, to knowingly manufacture, deliver, sell, purchase, or possess or cause to be manufactured, delivered, sold, purchased, or possessed, a semiautomatic assault weapon, an assault weapon attachment, or any .50 caliber rifle.

(c) This Section does not apply to a person who possessed a weapon or attachment prohibited by subsection (b) before the effective date of this amendatory Act of the 94th General Assembly. On or after the effective date of this amendatory Act of the 94th General Assembly, such person may transfer such weapon or attachment only to an heir, an individual residing in another state maintaining that weapon in another state, or a dealer licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968.

(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 and retired peace officers not otherwise prohibited from receiving a firearm, in possession of a semiautomatic assault weapon, assault weapon attachment, or .50 caliber rifle transferred to the retired peace officer by his or her law enforcement agency upon retirement.

(2) Wardens, superintendents, and keepers of prisons, penitentiaries, jails, and other institutions for the detention of persons accused or convicted of an offense.

(3) 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.

(4) Manufacture, transportation, or sale of weapons or attachments to persons authorized under subdivisions (1) through (3) of this subsection to possess those items, if the items are broken down in a non-functioning state or are not immediately accessible.

(5) Possession of a semi-automatic assault weapon, an assault weapon attachment, or a .50 caliber rifle at events taking place at the World Shooting and Recreational Complex at Sparta, only while engaged in the legal use of the firearm, or while traveling to or from this location.

(e) Sentence.

(1) A person who knowingly manufactures, delivers, sells, purchases, or possesses or causes to be manufactured, delivered, sold, purchased, or possessed a semiautomatic 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 manufactures, delivers, sells, purchases, or possesses or causes to be manufactured, 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 manufactures, delivers, sells, purchases, or possesses or causes to be manufactured, 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.

(720 ILCS 5/24-1.8 new)

Sec. 24-1.8. Manufacture, possession, and delivery of large capacity ammunition feeding devices.

(a) As used in this Section:

"Large capacity ammunition feeding device" means:

(1) 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; 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 an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition or any device that has been made permanently inoperable.

(b) Except as provided in subsections (c) and (d), it is unlawful for any person within this State, beginning 90 days after the effective date of this amendatory Act of the 94th General Assembly, to knowingly manufacture, deliver, sell, purchase, or possess or cause to be manufactured, delivered, sold, purchased, or possessed, a large capacity ammunition feeding device.

(c) This Section does not apply to a person who possessed a device prohibited by subsection (b) before the effective date of this amendatory Act of the 94th General Assembly. On or after the effective date of this amendatory Act of the 94th General Assembly, such person may transfer such device only to an heir, an individual residing in another state maintaining that weapon in another state, or a dealer licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968.

(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 and retired peace officers not otherwise prohibited from receiving a firearm, in possession of a large capacity ammunition feeding device transferred to the retired peace officer by his or her law enforcement agency upon retirement.

(2) Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense.

(3) 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.

(4) Manufacture, transportation, or sale of large capacity ammunition feeding devices to persons authorized under subdivisions (1) through (3) of this subsection to possess those devices, if the devices are broken down in a non-functioning state or are not immediately accessible.

(5) 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 firearm, or while traveling to or from this location.

(e) Sentence. A person who knowingly manufactures, delivers, sells, purchases, or possesses or causes to be manufactured, delivered, sold, purchased, or possessed 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 possession or delivery of 2 or more of these devices at the same time. A person who knowingly manufactures, delivers, sells, purchases, or possesses or causes to be manufactured, delivered, sold, purchased, or possessed in violation of this Section a large capacity ammunition feeding device capable of holding more than 10 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 possession or delivery of more than one of these devices at the same time.

Section 95. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 99. Effective date. This Act takes effect upon becoming law.".