Illinois General Assembly - Full Text of HB1294
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Full Text of HB1294  97th General Assembly

HB1294 97TH GENERAL ASSEMBLY


 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1294

 

Introduced 02/09/11, by Rep. Edward J. Acevedo

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-1.9 new
720 ILCS 5/24-1.10 new

    Amends the Criminal Code of 1961. Provides that 90 days after the effective date of this amendatory Act, 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 semi-automatic assault weapon, an assault weapon attachment, any .50 caliber rifle, or .50 caliber cartridge. Provides that beginning 90 days after the effective date of this amendatory Act, 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 large capacity ammunition feeding device. Provides that these provisions do not apply to a person who possessed a prohibited weapon, device, or attachment before the effective date of this amendatory Act if the person has provided proof of ownership to the Department of State Police within 90 days after the effective date of this amendatory Act. Provides that on or after the effective date of this amendatory Act, such person may transfer such 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. Specifies penalties for violations. Provides exemptions. Provides that the provisions of the Act are severable. Effective immediately.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 1961 is amended by adding
5Sections 24-1.9 and 24-1.10 as follows:
 
6    (720 ILCS 5/24-1.9 new)
7    Sec. 24-1.9. Manufacture, possession, delivery, sale, and
8purchase of semi-automatic assault weapons, assault weapon
9attachments, .50 caliber rifles, and .50 caliber cartridges.
10    (a) Definitions. In this Section:
11        (1) "Semi-automatic assault weapon" means:
12            (A) any of the firearms or types, replicas, or
13        duplicates in any caliber of the firearms, known as:
14                (i) Norinco, Mitchell, and Poly Technologies
15            Avtomat Kalashnikovs (all models);
16                (ii) Action Arms Israeli Military Industries
17            UZI and Galil;
18                (iii) Beretta AR-70 (SC-70);
19                (iv) Colt AR-15;
20                (v) Fabrique Nationale FN/FAL, FN/LAR, and
21            FNC;
22                (vi) SWD M-10, M-11, M-11/9, and M-12;
23                (vii) Steyr AUG;

 

 

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1                
2                (viii) INTRATEC TEC-9, TEC-DC9, and TEC-22;
3            and
4                (ix) any shotgun which contains its ammunition
5            in a revolving cylinder, such as (but not limited
6            to) the Street Sweeper and Striker 12;
7            (B) a semi-automatic rifle that has an ability to
8        accept a detachable magazine and has any of the
9        following:
10                (i) a folding or telescoping stock;
11                (ii) a pistol grip or thumbhole stock;
12                (iii) a shroud that is attached to, or
13            partially or completely encircles the barrel, and
14            that permits the shooter to hold the firearm with
15            the non-trigger hand without being burned; or
16                (iv) a fixed magazine that has the capacity to
17            accept more than 10 rounds of ammunition;
18            (C) a semi-automatic pistol that has an ability to
19        accept a detachable magazine and has any of the
20        following:
21                (i) a folding, telescoping, or thumbhole
22            stock;
23                (ii) a shroud that is attached to, or partially
24            or completely encircles the barrel, and that
25            permits the shooter to hold the firearm with the
26            non-trigger hand without being burned;

 

 

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1                (iii) an ammunition magazine that attaches to
2            the pistol outside of the pistol grip;
3                (iv) a fixed magazine that has the capacity to
4            accept more than 10 rounds of ammunition;
5                (v) a manufactured weight of 50 ounces or more
6            when the pistol is unloaded; or
7                (vi) a semi-automatic version of an automatic
8            firearm;
9            (D) a semi-automatic shotgun that has any of the
10        following:
11                (i) a folding or telescoping stock;
12                (ii) a pistol grip or thumbhole stock;
13                (iii) a fixed magazine capacity in excess of 5
14            rounds; or
15                (iv) an ability to accept a detachable
16            magazine.
17                "Semi-automatic assault weapon" does not
18            include:
19            (A) any firearm that:
20                (i) is manually operated by bolt, pump, lever,
21            or slide action;
22                (ii) is an "unserviceable firearm" or has been
23            made permanently inoperable; or
24                (iii) is an antique firearm;
25            (B) any air rifle as defined in Section 1 of the
26        Air Rifle Act.

 

 

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1        (2) "Assault weapon attachment" means any device
2    capable of being attached to a firearm that is specifically
3    designed for making or converting a firearm into any of the
4    firearms listed in paragraph (1) of subsection (a) of this
5    Section.
6        (3) "Antique firearm" has the meaning ascribed to it in
7    18 U.S.C. Section 921 (a)(16).
8        (4) ".50 caliber rifle" means a centerfire rifle
9    capable of firing a .50 caliber cartridge. The term does
10    not include any antique firearm as defined in 18 U.S.C.
11    Section 921 (a)(16), any shotgun including a shotgun that
12    has a rifle barrel, or a muzzle-loader used for "black
13    powder" hunting or battle re-enactments.
14        (5) ".50 caliber cartridge" means a cartridge in .50
15    BMG caliber, either by designation or actual measurement,
16    that is capable of being fired from a centerfire rifle. The
17    term ".50 caliber cartridge" does not include any
18    memorabilia or display item that is filled with a permanent
19    inert substance or that is otherwise permanently altered in
20    a manner that prevents ready modification for use as live
21    ammunition or shotgun ammunition with a caliber
22    measurement that is equal to or greater than .50 caliber.
23    (b) Except as provided in subsections (c) and (d), 90 days
24after the effective date of this amendatory Act of the 97th
25General Assembly, it is unlawful for any person within this
26State to knowingly manufacture, deliver, sell, purchase, or

 

 

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1possess or cause to be manufactured, delivered, sold,
2purchased, or possessed, a semi-automatic assault weapon, an
3assault weapon attachment, any .50 caliber rifle, or .50
4caliber cartridge.
5    (c) This Section does not apply to a person who possessed a
6weapon or attachment prohibited by subsection (b) before the
7effective date of this amendatory Act of the 97th General
8Assembly, provided that the person has provided proof of
9ownership to the Department of State Police within 90 days
10after the effective date of this amendatory Act of the 97th
11General Assembly as required by law. On or after the effective
12date of this amendatory Act of the 97th General Assembly, such
13person may transfer such weapon or attachment only to an heir,
14an individual residing in another state maintaining that weapon
15in another state, or a dealer licensed as a federal firearms
16dealer under Section 923 of the federal Gun Control Act of
171968.
18    (d) This Section does not apply to or affect any of the
19following:
20        (1) Peace officers as defined in Section 2-13 of this
21    Code and retired peace officers not otherwise prohibited
22    from receiving a firearm, in possession of a semi-automatic
23    assault weapon, assault weapon attachment, or .50 caliber
24    rifle transferred to the retired peace officer by his or
25    her law enforcement agency upon retirement.
26        (2) Wardens, superintendents, and keepers of prisons,

 

 

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1    penitentiaries, jails, and other institutions for the
2    detention of persons accused or convicted of an offense.
3        (3) Members of the Armed Services or Reserve Forces of
4    the United States or the Illinois National Guard, while in
5    the performance of their official duties or while traveling
6    to or from their place of duty.
7        (4) Manufacture, transportation, or sale of weapons,
8    attachments, or ammunition to persons authorized under
9    subdivisions (1) through (3) of this subsection to possess
10    those items.
11        (5) Possession of a semi-automatic assault weapon, an
12    assault weapon attachment, a .50 caliber rifle, or a .50
13    caliber cartridge at events taking place at the World
14    Shooting and Recreational Complex at Sparta, only while
15    engaged in the legal use of the firearm or attachment, or
16    while traveling to or from this location if the items are
17    broken down in a non-functioning state, or are not
18    immediately accessible, or are unloaded and enclosed in a
19    case, firearm carrying box, shipping box, or other
20    container.
21        (6) Possession of any firearm if that firearm is
22    sanctioned by the International Olympic Committee and by
23    USA Shooting, the national governing body for
24    international shooting competition in the United States,
25    but only when the firearm is in the actual possession of an
26    Olympic target shooting competitor or target shooting

 

 

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1    coach for the purpose of storage, transporting to and from
2    Olympic target shooting practice or events if the firearm
3    is broken down in a non-functioning state, is not
4    immediately accessible, or is unloaded and enclosed in a
5    case, firearm carrying box, shipping box, or other
6    container, and when the Olympic target shooting competitor
7    or target shooting coach is engaging in those practices or
8    events. For the purposes of this paragraph (6), "firearm"
9    is defined in Section 1.1 of the Firearm Owners
10    Identification Card Act.
11        (7) Possession of a semi-automatic assault weapon, an
12    assault weapon attachment, a .50 caliber rifle, or a .50
13    caliber cartridge only for a hunting use expressly
14    permitted under the Wildlife Code, or while traveling to or
15    from a location authorized for such hunting use under the
16    Wildlife Code if the items are broken down in a
17    non-functioning state, or are not immediately accessible,
18    or are unloaded and enclosed in a case, firearm carrying
19    box, shipping box, or other container.
20        (8) Manufacture, transportation, possession, sale, or
21    rental of blank-firing semi-automatic assault weapons and
22    .50 caliber rifles or the weapons respective attachments to
23    persons authorized or permitted, or both authorized and
24    permitted to acquire and possess such weapons for the
25    purposes of rental for use solely as props for a motion
26    picture, television, or video production or entertainment

 

 

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1    event.
2    (e) Sentence.
3        (1) A person who knowingly manufactures, delivers,
4    sells, purchases, or possesses or causes to be
5    manufactured, delivered, sold, purchased, or possessed a
6    semi-automatic assault weapon in violation of this Section
7    commits a Class 3 felony for a first violation and a Class
8    2 felony for a second or subsequent violation or for the
9    possession or delivery of 2 or more of these weapons at the
10    same time.
11        (2) A person who knowingly manufactures, delivers,
12    sells, purchases, or possesses or causes to be
13    manufactured, delivered, sold, purchased, or possessed in
14    violation of this Section an assault weapon attachment
15    commits a Class 4 felony for a first violation and a Class
16    3 felony for a second or subsequent violation.
17        (3) A person who knowingly manufactures, delivers,
18    sells, purchases, or possesses or causes to be
19    manufactured, delivered, sold, purchased, or possessed in
20    violation of this Section a .50 caliber rifle commits a
21    Class 3 felony for a first violation and a Class 2 felony
22    for a second or subsequent violation or for the possession
23    or delivery of 2 or more of these weapons at the same time.
24        (4) A person who knowingly manufactures, delivers,
25    sells, purchases, or possesses or causes to be
26    manufactured, delivered, sold, purchased, or possessed in

 

 

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1    violation of this Section a .50 caliber cartridge commits a
2    Class A misdemeanor.
 
3    (720 ILCS 5/24-1.10 new)
4    Sec. 24-1.10. Manufacture, possession, delivery, sale, and
5purchase of 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
15include an attached tubular device designed to accept, and
16capable of operating only with, .22 caliber rimfire ammunition
17or any device that has been made permanently inoperable.
18    (b) Except as provided in subsections (c) and (d), it is
19unlawful for any person within this State, beginning 90 days
20after the effective date of this amendatory Act of the 97th
21General Assembly, to knowingly manufacture, deliver, sell,
22purchase, or possess or cause to be manufactured, delivered,
23sold, purchased, or possessed, a large capacity ammunition
24feeding device.
25    (c) This Section does not apply to a person who possessed a

 

 

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1device prohibited by subsection (b) before the effective date
2of this amendatory Act of the 97th General Assembly, provided
3that the person has provided proof of ownership to the
4Department of State Police within 90 days after the effective
5date of this amendatory Act of the 97th General Assembly as
6required by law. On or after the effective date of this
7amendatory Act of the 97th General Assembly, such person may
8transfer such device only to an heir, an individual residing in
9another state maintaining that device in another state, or a
10dealer licensed as a federal firearms dealer under Section 923
11of the federal Gun Control Act of 1968.
12    (d) This Section does not apply to or affect any of the
13following:
14        (1) Peace officers as defined in Section 2-13 of this
15    Code and retired peace officers not otherwise prohibited
16    from receiving a firearm, in possession of a large capacity
17    ammunition feeding device transferred to the retired peace
18    officer by his or her law enforcement agency upon
19    retirement.
20        (2) Wardens, superintendents, and keepers of prisons,
21    penitentiaries, jails, and other institutions for the
22    detention of persons accused or convicted of an offense.
23        (3) Members of the Armed Services or Reserve Forces of
24    the United States or the Illinois National Guard, while in
25    the performance of their official duties or while traveling
26    to or from their place of duty.

 

 

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1        (4) Manufacture, transportation, or sale of large
2    capacity ammunition feeding devices to persons authorized
3    under subdivisions (1) through (3) of this subsection to
4    possess those items.
5        (5) Possession of a large capacity ammunition feeding
6    device at events taking place at the World Shooting and
7    Recreational Complex at Sparta, only while engaged in the
8    legal use of the device, or while traveling to or from this
9    location if the items are broken down in a non-functioning
10    state, or are not immediately accessible, or are unloaded
11    and enclosed in a case, firearm carrying box, shipping box,
12    or other container.
13        (6) Possession of any large capacity ammunition
14    feeding device if that large capacity ammunition feeding
15    device is sanctioned by the International Olympic
16    Committee and by USA Shooting, the national governing body
17    for international shooting competition in the United
18    States, but only when the large capacity ammunition feeding
19    device is in the actual possession of an Olympic target
20    shooting competitor or target shooting coach for the
21    purpose of storage, transporting to and from Olympic target
22    shooting practice or events if the device is broken down in
23    a non-functioning state, is not immediately accessible, or
24    is unloaded and enclosed in a case, firearm carrying box,
25    shipping box, or other container, and when the Olympic
26    target shooting competitor or target shooting coach is

 

 

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1    engaging in those practices or events.
2        (7) Possession of a large capacity ammunition feeding
3    device only for a hunting use expressly permitted under the
4    Wildlife Code, or while traveling to or from a location
5    authorized for such hunting use under the Wildlife Code if
6    the items are broken down in a non-functioning state, or
7    are not immediately accessible, or are unloaded and
8    enclosed in a case, firearm carrying box, shipping box, or
9    other container.
10    (e) Sentence. A person who knowingly manufactures,
11delivers, sells, purchases, or possesses or causes to be
12manufactured, delivered, sold, purchased, or possessed in
13violation of this Section a large capacity ammunition feeding
14device capable of holding more than 17 rounds of ammunition
15commits a Class 3 felony for a first violation and a Class 2
16felony for a second or subsequent violation or for possession
17or delivery of 2 or more of these devices at the same time. A
18person who knowingly manufactures, delivers, sells, purchases,
19or possesses or causes to be manufactured, delivered, sold,
20purchased, or possessed in violation of this Section a large
21capacity ammunition feeding device capable of holding more than
2210 rounds but not more than 17 rounds of ammunition commits a
23Class 4 felony for a first violation and a Class 3 felony for a
24second or subsequent violation or for possession or delivery of
25more than one of these devices at the same time.
 

 

 

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1    Section 97. Severability. The provisions of this Act are
2severable under Section 1.31 of the Statute on Statutes.
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.