Illinois General Assembly - Full Text of HB1871
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Full Text of HB1871  97th General Assembly

HB1871 97TH GENERAL ASSEMBLY


 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1871

 

Introduced , by Rep. Carol A. Sente

 

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

    Amends the Criminal Code of 1961. 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. 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.


LRB097 09734 RLC 49871 b

 

 

A BILL FOR

 

HB1871LRB097 09734 RLC 49871 b

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
5Section 24-1.9 as follows:
 
6    (720 ILCS 5/24-1.9 new)
7    Sec. 24-1.9. Manufacture, possession, delivery, sale, and
8purchase of large capacity ammunition feeding devices.
9    (a) As used in this Section:
10    "Large capacity ammunition feeding device" means:
11        (1) a detachable magazine, belt, drum, feed strip, or
12    similar device that has a capacity of, or that can be
13    readily restored or converted to accept, more than 10
14    rounds of ammunition; or
15        (2) any combination of parts from which a device
16    described in paragraph (1) can be assembled.
17    "Large capacity ammunition feeding device" does not
18include an attached tubular device designed to accept, and
19capable of operating only with, .22 caliber rimfire ammunition,
20any device designed to be used with an antique firearm as
21defined in 27 C.F.R. 478.11, any device designed to be used
22with a muzzle-loading firearm used for "black powder" hunting,
23any device designed as a reproduction of a historical piece of

 

 

HB1871- 2 -LRB097 09734 RLC 49871 b

1military equipment for use in battle re-enactments, or any
2device that has been made permanently inoperable.
3    (b) Except as provided in subsections (c) and (d), it is
4unlawful for any person within this State, beginning 90 days
5after the effective date of this amendatory Act of the 97th
6General Assembly, to knowingly manufacture, deliver, sell,
7purchase, or possess or cause to be manufactured, delivered,
8sold, purchased, or possessed, a large capacity ammunition
9feeding device.
10    (c) This Section does not apply to a person who possessed a
11device prohibited by subsection (b) before the effective date
12of this amendatory Act of the 97th General Assembly. On or
13after the effective date of this amendatory Act of the 97th
14General Assembly, such person may transfer such device only to
15an heir, an individual residing in another state maintaining
16that device in another state, or a dealer licensed as a federal
17firearms dealer under Section 923 of the federal Gun Control
18Act of 1968.
19    (d) This Section does not apply to or affect any of the
20following:
21        (1) Peace officers as defined in Section 2-13 of this
22    Code and retired peace officers not otherwise prohibited
23    from receiving a firearm, in possession of a large capacity
24    ammunition feeding device transferred to the retired peace
25    officer by his or her law enforcement agency upon
26    retirement.

 

 

HB1871- 3 -LRB097 09734 RLC 49871 b

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

 

 

HB1871- 4 -LRB097 09734 RLC 49871 b

1    shooting competitor or target shooting coach for the
2    purpose of storage, transporting to and from Olympic target
3    shooting practice or events if the device is broken down in
4    a non-functioning state, is not immediately accessible, or
5    is unloaded and enclosed in a case, firearm carrying box,
6    shipping box, or other container, and when the Olympic
7    target shooting competitor or target shooting coach is
8    engaging in those practices or events.
9        (7) Possession of a large capacity ammunition feeding
10    device only for a hunting use expressly permitted under the
11    Wildlife Code, or while traveling to or from a location
12    authorized for such hunting use under the Wildlife Code if
13    the items are broken down in a non-functioning state, or
14    are not immediately accessible, or are unloaded and
15    enclosed in a case, firearm carrying box, shipping box, or
16    other container.
17        (8) Manufacture, transportation, possession, sale, or
18    rental of large capacity ammunition feeding devices to
19    persons authorized or permitted, or both authorized and
20    permitted to acquire and possess such devices for the
21    purpose of rental for use solely as props for a motion
22    picture, television, or video production or entertainment
23    event.
24    (e) Sentence. A person who knowingly manufactures,
25delivers, sells, purchases, or possesses or causes to be
26manufactured, delivered, sold, purchased, or possessed in

 

 

HB1871- 5 -LRB097 09734 RLC 49871 b

1violation of this Section a large capacity ammunition feeding
2device commits a Class A misdemeanor for a first violation; a
3Class 4 felony for a second violation; and a Class 3 felony for
4a third or subsequent violation or for possession or delivery
5of more than one of these devices at the same time.
 
6    Section 97. Severability. The provisions of this Act are
7severable under Section 1.31 of the Statute on Statutes.
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.