Full Text of HB0815 97th General Assembly
HB0815sam001 97TH GENERAL ASSEMBLY | Sen. Dan Kotowski Filed: 1/2/2013
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| 1 | | AMENDMENT TO HOUSE BILL 815
| 2 | | AMENDMENT NO. ______. Amend House Bill 815 as follows: | 3 | | immediately above the enacting clause, by inserting the | 4 | | following: | 5 | | "WHEREAS, the United States Supreme Court, in its decision | 6 | | in District of Columbia v. Heller (No. 07-290), found that the | 7 | | Second Amendment to the United States Constitution protects an | 8 | | individual right to possess a firearm, and to use that firearm | 9 | | for traditionally lawful purposes, including self-defense; and | 10 | | WHEREAS, in that same decision, the United States Supreme | 11 | | Court also found that the individual right to possess and use a | 12 | | firearm was not unlimited, that the government has the ability | 13 | | to regulate the possession and use of firearms, and that this | 14 | | right "does not protect those weapons not typically possessed | 15 | | by law abiding citizens for lawful purposes", and that the |
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| 1 | | government may ban entirely "dangerous and unusual weapons"; | 2 | | and | 3 | | WHEREAS, the United States Supreme Court, in its decision | 4 | | in McDonald v. City of Chicago (No. 08-1521), found that its | 5 | | holding in the Heller case applied to the States, reiterating | 6 | | its findings regarding the validity of the regulation of the | 7 | | individual right to possess and use a firearm, and noting | 8 | | expressly that such incorporation of the holding in the Heller | 9 | | case via the Fourteenth Amendment to the United States | 10 | | Constitution "does not imperil every law regulating firearms"; | 11 | | therefore"; and | 12 | | by replacing everything after the enacting clause with the | 13 | | following:
| 14 | | "ARTICLE 1. ILLINOIS SHOOTING RANGE LICENSING ACT. | 15 | | Section 1-1. Short title. This Act shall be known as the | 16 | | Illinois Shooting Range Licensing Act. | 17 | | Section 1-5. Definitions.
| 18 | | "Department" means the Department of State Police.
| 19 | | "Director" means the Director of State Police.
| 20 | | "Firearm" has the meaning provided in Section 1.1 of the | 21 | | Firearm Owners Identification Card Act.
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| 1 | | "Range safety officer" means a person who possesses the | 2 | | knowledge, skills, and aptitude essential to organizing, | 3 | | conducting and supervising safe shooting range activities, and | 4 | | who is certified under the National Rifle Association's Range | 5 | | Safety Officer Program or other equivalent | 6 | | nationally-recognized range safety officer certification.
| 7 | | "Shooting range" means a specialized facility designed for | 8 | | firearms practice.
| 9 | | "Shooting range activities" means target shooting and any | 10 | | other activities conducted at a shooting range involving the | 11 | | discharge or other use of firearms.
| 12 | | "Shooting range operator" means a person who is licensed as | 13 | | a federal firearms dealer under Section 923 of the federal Gun | 14 | | Control Act of 1968, and who owns or operates a shooting range | 15 | | licensed by the Department under this Act.
| 16 | | Section 1-10. Shooting ranges and shooting range | 17 | | operators.
| 18 | | (a) Beginning on January 1, 2014, no person may own or | 19 | | operate a shooting range that is open to the public unless that | 20 | | shooting range has been issued a license by the Director under | 21 | | this Act.
| 22 | | (b) The Department shall license shooting ranges and shall | 23 | | promulgate rules regarding the standards for the ownership, | 24 | | safety, and operation of shooting ranges licensed under this | 25 | | Act, which at a minimum shall require that at all shooting |
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| 1 | | range activities conducted at a licensed shooting range by | 2 | | persons other than the shooting range operator, or his or her | 3 | | immediate family, shall be carried out under the supervision of | 4 | | a range safety officer. The Department shall create standards | 5 | | for both indoor and outdoor shooting ranges, which shall | 6 | | include, at a minimum, the space required for each type of | 7 | | shooting range, and the nature and composition of the backstop, | 8 | | bullet trap, or berm required for each type of shooting range. | 9 | | The Department may develop standards for indoor and outdoor | 10 | | shooting ranges that include maximum caliber ratings and | 11 | | whether magnum and other high-powered bullets can be safely | 12 | | fired into a given backstop, bullet trap, or berm. The | 13 | | Department shall promulgate any other rules it may deem | 14 | | necessary to carry out the provisions of this Act, including | 15 | | the establishment of fees charged and collected for licensing | 16 | | and the duration of licenses issued under this Act.
| 17 | | Section 1-15. Judicial review of final administrative | 18 | | decisions. All final administrative decisions of the | 19 | | Department under this Act, including final administrative | 20 | | decisions of the Director of State Police to deny an | 21 | | application for licensure for a shooting range, or to revoke | 22 | | the license of a shooting range, shall be subject to judicial | 23 | | review under the provisions of the Administrative Review Law, | 24 | | and all amendments and modifications thereof, and the rules | 25 | | adopted pursuant thereto. The term "administrative decision" |
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| 1 | | is defined as in Section 3-101 of the Code of Civil Procedure. | 2 | | Section 1-20. Firearms Owner's Identification Card.
| 3 | | (a) Only a holder of valid Firearm Owner's Identification | 4 | | Card may discharge a firearm on a shooting range licensed under | 5 | | this Act.
| 6 | | (b) No shooting range operator shall permit an individual | 7 | | to discharge a firearm on a shooting range licensed under this | 8 | | Act, until that individual shall have first displayed a valid | 9 | | Firearm Owner's Identification Card to the shooting range | 10 | | operator or to the range safety officer.
| 11 | | Section 1-25. Exemptions. This Act shall not apply to a | 12 | | shooting range that is:
| 13 | | (a) Located on private land that is not open to the public.
| 14 | | (b) Located on land owned by clubs or other organizations | 15 | | that is open only to members of the club or other organization | 16 | | and their invited guests.
| 17 | | (c) Configured for use in trapshooting, skeet shooting, or | 18 | | sporting clays.
| 19 | | (d) Used solely by peace officers, as defined in Section | 20 | | 2-13 of the Criminal Code of 2012.
| 21 | | (e) Used solely by correctional officers employed by the | 22 | | Department of Corrections, or by county correctional officers | 23 | | or court security officers, as defined in Section 2 of the | 24 | | Illinois Police Training Act.
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| 1 | | (f) Used solely by members of the Armed Services or Reserve | 2 | | Forces of the United States or the Illinois National Guard, | 3 | | while in the performance of their official duties.
| 4 | | (g) Used solely for air rifles, as defined by Section | 5 | | 24.8-0.1 of the Criminal Code of 2012.
| 6 | | Section 1-30. Sentence. A person who violates any provision | 7 | | of this Act, or the rules promulgated under this Act, is guilty | 8 | | of a petty offense for a first violation. A second or | 9 | | subsequent violation of this Act, or the rules promulgated | 10 | | under this Act, is a Class A misdemeanor, and may be grounds | 11 | | for the revocation of the license of the shooting range by the | 12 | | Department. | 13 | | Section 1-35. Home rule. A home rule unit may not regulate | 14 | | or license shooting ranges or shooting range operators in a | 15 | | manner more restrictive than the regulation by the Department | 16 | | of shooting ranges under this Act. This Section is a limitation | 17 | | on home rule powers and functions under subsection (i) of | 18 | | Section 6 of Article VII of the Illinois Constitution on the | 19 | | concurrent exercise by home rule units of powers and functions | 20 | | exercised by the State. Nothing in this Section shall be | 21 | | construed to limit the zoning authority of any home rule unit. | 22 | | ARTICLE 5. |
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| 1 | | Section 5-5. The Criminal Code of 2012 is amended by adding | 2 | | Sections 24-1.10, and 24-4.1 as follows: | 3 | | (720 ILCS 5/24-1.10 new) | 4 | | Sec. 24-1.10. Possession, delivery, sale, and purchase of | 5 | | large capacity ammunition feeding devices. | 6 | | (a) As used in this Section: | 7 | | "Large capacity ammunition feeding device" means: | 8 | | (1) a magazine, belt, drum, feed strip, or similar | 9 | | device that has a capacity of, or that can be readily | 10 | | restored or converted to accept, more than 10 rounds of | 11 | | ammunition; or | 12 | | (2) any combination of parts from which a device | 13 | | described in paragraph (1) can be assembled. | 14 | | "Large capacity ammunition feeding device" does not | 15 | | include a rifle with a fixed tubular magazine located under the | 16 | | barrel that is only capable of holding rounds of ammunition | 17 | | placed end to end. For purposes of this Section, a fixed | 18 | | magazine is one that can only be removed through disassembly of | 19 | | the firearm action. "Large capacity ammunition feeding device" | 20 | | does not include a tubular magazine
that is contained in a | 21 | | lever-action firearm or any device that has been made | 22 | | permanently inoperable. | 23 | | (b) Except as provided in subsections (c) and (d), it is | 24 | | unlawful for any person within this State, beginning 90 days | 25 | | after January 1, 2014, to knowingly deliver, sell, purchase, or |
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| 1 | | possess or cause to be delivered, sold, purchased, or | 2 | | possessed, directly or indirectly, a large capacity ammunition | 3 | | feeding device. | 4 | | (c) This Section does not apply to a person who possessed a | 5 | | device prohibited by subsection (b) before January 1, 2014, | 6 | | provided that the person has provided proof of ownership, his | 7 | | or her name, and other identifying information to the | 8 | | Department of State Police, as required by the Department, | 9 | | within 90 days after January 1, 2014. On or after January 1, | 10 | | 2014, the person may transfer the device only to an heir, an | 11 | | individual residing in another state maintaining that device in | 12 | | another state, or a dealer licensed as a federal firearms | 13 | | dealer under Section 923 of the federal Gun Control Act of | 14 | | 1968. Within 10 days after transfer of the device, the person | 15 | | shall notify the Department of State Police of the name and | 16 | | address of the transferee and comply with the requirements of | 17 | | subsection (b) of Section 3 of the Firearm Owners | 18 | | Identification Card Act. The Department shall promulgate any | 19 | | rules it may deem necessary to carry out the provisions of this | 20 | | subsection, including the establishment of fees charged and | 21 | | collected for collecting and maintaining the information | 22 | | required to be provided under this subsection. | 23 | | (d) This Section does not apply to or affect any of the | 24 | | following: | 25 | | (1) Peace officers as defined in Section 2-13 of this | 26 | | Code. |
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| 1 | | (2) Wardens, superintendents, and keepers of prisons, | 2 | | penitentiaries, jails, and other institutions for the | 3 | | detention of persons accused or convicted of an offense. | 4 | | (3) Members of the Armed Services or Reserve Forces of | 5 | | the United States or the Illinois National Guard, while in | 6 | | the performance of their official duties or while traveling | 7 | | to or from their place of duty. | 8 | | (4) The manufacture, transportation, or distribution | 9 | | of large capacity ammunition feeding devices. | 10 | | (5) The sale of large capacity ammunition feeding | 11 | | devices to persons authorized under subdivisions (1) | 12 | | through (3) or subdivision (7) of this subsection to | 13 | | possess those items. | 14 | | (6) The manufacture, transportation, or sale of large | 15 | | capacity ammunition feeding devices for sale or transfer in | 16 | | another state. | 17 | | (7) The possession of any large capacity ammunition | 18 | | feeding device if that large capacity ammunition feeding | 19 | | device is sanctioned by the International Olympic | 20 | | Committee and by USA Shooting, the national governing body | 21 | | for international shooting competition in the United | 22 | | States, but only when the large capacity ammunition feeding | 23 | | device is in the actual possession of an Olympic target | 24 | | shooting competitor or target shooting coach for the | 25 | | purpose of storage, transporting to and from Olympic target | 26 | | shooting practice or events if the device is broken down in |
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| 1 | | a non-functioning state, is not immediately accessible, or | 2 | | is unloaded and enclosed in a case, firearm carrying box, | 3 | | shipping box, or other container, and when the Olympic | 4 | | target shooting competitor or target shooting coach is | 5 | | engaging in those practices or events. | 6 | | (8) The possession of a large capacity ammunition | 7 | | feeding device at events taking place at the World Shooting | 8 | | and Recreational Complex at Sparta, only while engaged in | 9 | | the legal use of the device, or while traveling to or from | 10 | | this location if the items are broken down in a | 11 | | non-functioning state, or are not immediately accessible, | 12 | | or are unloaded and enclosed in a case, firearm carrying | 13 | | box, shipping box, or other container. | 14 | | (9) The possession of a large capacity ammunition | 15 | | feeding device only for a hunting use expressly permitted | 16 | | under the Wildlife Code, or while traveling to or from a | 17 | | location authorized for such hunting use under the Wildlife | 18 | | Code if the items are broken down in a non-functioning | 19 | | state, or are not immediately accessible, or are unloaded | 20 | | and enclosed in a case, firearm carrying box, shipping box, | 21 | | or other container. | 22 | | (10) The manufacture, transportation, possession, | 23 | | sale, or rental of blank-firing large capacity ammunition | 24 | | feeding device to persons authorized or permitted, or both | 25 | | authorized and permitted to acquire and possess such | 26 | | devices for the purposes of rental for use solely as props |
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| 1 | | for a motion picture, television, or video production or | 2 | | entertainment event. | 3 | | (e) Shooting Ranges. | 4 | | (1) A shooting range operator may deliver, sell, | 5 | | purchase, or possess a large capacity ammunition feeding | 6 | | device for the purpose of operating, using or storing the | 7 | | same on the shooting range owned or operated by the | 8 | | shooting range operator, including traveling to and from | 9 | | the shooting range for purposes of purchase, sale, repair, | 10 | | or valuation of the large capacity ammunition feeding | 11 | | device. The delivery or sale of a large capacity ammunition | 12 | | feeding device by a shooting range operator may only be to | 13 | | a person who may otherwise lawfully possess the device. | 14 | | (2) Notwithstanding any provision of this Section to | 15 | | the contrary, a holder of a valid Firearm Owner's | 16 | | Identification Card may possess, operate and use a large | 17 | | capacity ammunition feeding device leased from a shooting | 18 | | range operator, while on the shooting range owned or | 19 | | operated by the shooting range operator. A shooting range | 20 | | operator may lease the use of a large capacity ammunition | 21 | | feeding device to a holder of a valid Firearm Owner's | 22 | | Identification Card for the purpose of operating or using | 23 | | the same on the shooting range owned or operated by the | 24 | | shooting range operator. A large capacity ammunition | 25 | | feeding device so leased may not be removed from the | 26 | | shooting range by the individual leasing the large capacity |
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| 1 | | ammunition feeding device. | 2 | | (3) A shooting range operator must register any large | 3 | | capacity ammunition feeding devices owned as provided for | 4 | | under subsection (c). A shooting range operator may acquire | 5 | | large capacity ammunition feeding devices after January 1, | 6 | | 2014, and any large capacity ammunition feeding devices so | 7 | | acquired must also be registered as provided for under | 8 | | subsection (c). | 9 | | (4) For purposes of this subsection: | 10 | | (i) "Shooting range operator" means a person who is | 11 | | licensed as a federal firearms dealer under Section 923 | 12 | | of the federal Gun Control Act of 1968, and who owns or | 13 | | operates a shooting range licensed under the Illinois | 14 | | Shooting Range Licensing Act. | 15 | | (ii) "Shooting range" means a shooting range | 16 | | licensed under the Illinois Shooting Range Licensing | 17 | | Act. | 18 | | (f) Sentence. A person who knowingly delivers, sells, | 19 | | purchases, or possesses or causes to be delivered, sold, | 20 | | purchased, or possessed, directly or indirectly, in violation | 21 | | of this Section a large capacity ammunition feeding device | 22 | | capable of holding more than 10 rounds of ammunition commits a | 23 | | Class 3 felony for a first violation and a Class 2 felony for a | 24 | | second or subsequent violation or for possession or delivery of | 25 | | 2 or more of these devices at the same time. Any other | 26 | | violation of this Section is a Class A misdemeanor. |
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| 1 | | (720 ILCS 5/24-4.1 new)
| 2 | | Sec. 24-4.1. Report of lost or stolen large capacity | 3 | | ammunition feeding device.
| 4 | | (a) A person who possesses a valid Firearm Owner's | 5 | | Identification Card and who possesses or acquires a large | 6 | | capacity ammunition feeding device and thereafter loses or | 7 | | misplaces the large capacity ammunition feeding device, or the | 8 | | large capacity ammunition feeding device is stolen from the | 9 | | person, the person must report the loss or theft to the local | 10 | | law enforcement agency within 72 hours after obtaining | 11 | | knowledge of the loss or theft. | 12 | | (b) Sentence. A person who violates this Section is guilty | 13 | | of a petty offense for a first violation. A second violation of | 14 | | this Section is a Class A misdemeanor. A third or subsequent | 15 | | violation of this Section is a Class 4 felony.
| 16 | | ARTICLE 9. | 17 | | Section 9-97. Severability. The provisions of this Act are | 18 | | severable under Section 1.31 of the Statute on Statutes.
| 19 | | Section 9-99. Effective date. This Act takes effect January | 20 | | 1, 2014.".
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