Full Text of HB1156 98th General Assembly
HB1156ham002 98TH GENERAL ASSEMBLY | Rep. Edward J. Acevedo Filed: 3/4/2013
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| 1 | | AMENDMENT TO HOUSE BILL 1156
| 2 | | AMENDMENT NO. ______. Amend House Bill 1156, AS AMENDED, by | 3 | | inserting the following in its proper numeric sequence:
| 4 | | "Section 5. Possession, delivery, sale, receipt, transfer, | 5 | | and purchase of semi-automatic assault weapons and assault | 6 | | weapon attachments. | 7 | | (a) As used in this Section: | 8 | | "Semi-automatic assault weapon" means any of the firearms | 9 | | or types, replicas, models, duplicates, or similar models, in | 10 | | any caliber, of the firearms, known as: | 11 | | (1) AR-15 Series; | 12 | | (2) Norinco, Mitchell, and Poly Technologies Avtomat | 13 | | Kalashnikovs; | 14 | | (3) Beretta AR-70 (SC-70); | 15 | | (4) Action Arms Israeli Military Industries (IMI) UZI | 16 | | and Galil; or | 17 | | (5) any semi-automatic rifle that has the ability to |
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| 1 | | accept a detachable magazine and has any of the following: | 2 | | (A) a folding or telescoping stock; | 3 | | (B) a pistol grip or thumbhole stock; or | 4 | | (C) a shroud that is attached to, or partially or | 5 | | completely encircles the barrel, and that permits the | 6 | | shooter to hold the firearm with the non-trigger hand | 7 | | without being burned. | 8 | | "Semi-automatic assault weapon attachment" means any | 9 | | device capable of being attached to a firearm that is | 10 | | specifically designed for making or converting a firearm into | 11 | | any of the firearms listed in this subsection (a). | 12 | | "Semi-automatic assault weapon" does not include: | 13 | | (1) any firearm that: | 14 | | (A) is manually operated by bolt, pump, lever, or | 15 | | slide action; | 16 | | (B) is an unserviceable firearm or has been made | 17 | | permanently inoperable; | 18 | | (C) is an antique firearm; | 19 | | (D) any air rifle as defined in Section 24.8-0.1 of | 20 | | the Criminal Code of 2012; or | 21 | | (E) has been excluded as a semi-automatic assault | 22 | | weapon in a Department of Natural Resources rule. The | 23 | | Department of Natural Resources shall have the | 24 | | authority to adopt rules to further define exclusions | 25 | | of semi-automatic assault weapon types, replicas, | 26 | | models, duplicates, or similar models under this |
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| 1 | | Section, provided the make, model, and caliber of the | 2 | | firearm excluded has a viable application to hunting | 3 | | game and conforms to accepted hunting principles of | 4 | | fair chase. | 5 | | (b) It is unlawful for any person within this State to | 6 | | knowingly deliver, sell, receive, transfer, or purchase or | 7 | | cause to be delivered, sold, received, transferred, or | 8 | | purchased a semi-automatic assault weapon or semi-automatic | 9 | | assault weapon attachment. | 10 | | (c) Beginning 300 days after the effective date of this | 11 | | Act, it is unlawful for any person within this State to | 12 | | knowingly possess a semi-automatic assault weapon or | 13 | | semi-automatic assault weapon attachment. | 14 | | (d) Sentence. A person who knowingly delivers, transfers, | 15 | | sells,
receives, or purchases in
violation of this Section a | 16 | | weapon, attachment, or device commits a Class 2 felony for a | 17 | | first violation and a Class 1
felony for a second or subsequent | 18 | | violation. A person who
knowingly possesses in
violation of | 19 | | this Section a weapon, attachment, or device commits a Class 3 | 20 | | felony for a first violation and a Class 2
felony for a second | 21 | | or subsequent violation.
| 22 | | Section 7. Exemptions. | 23 | | (a) Section 5 does not apply to or affect any of the | 24 | | following: | 25 | | (1) Peace officers as defined in Section 2-13 of the |
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| 1 | | Criminal Code of 2012. | 2 | | (2) Acquisition and possession by a local law | 3 | | enforcement agency for the purpose of equipping the | 4 | | agency's peace officers as defined in paragraph (1) of this | 5 | | subsection. | 6 | | (3) Wardens, superintendents, and keepers of prisons, | 7 | | penitentiaries, jails, and other institutions for the | 8 | | detention of persons accused or convicted of an offense. | 9 | | (4) Members of the Armed Services or Reserve Forces of | 10 | | the United States or the Illinois National Guard, while in | 11 | | the performance of their official duties or while traveling | 12 | | to or from their place of duty. | 13 | | (5) Any company that employs armed security officers in | 14 | | this State at a nuclear energy, storage, weapons, or | 15 | | development site or facility regulated by the federal | 16 | | Nuclear Regulatory Commission and persons employed as an | 17 | | armed security force member at a nuclear energy, storage, | 18 | | weapons, or development site or facility regulated by the | 19 | | federal Nuclear Regulatory Commission who have completed | 20 | | the background screening and training mandated by the rules | 21 | | and regulations of the federal Nuclear Regulatory | 22 | | Commission and while in the performance of their official | 23 | | duties. | 24 | | (6) Manufacture, transportation, or sale of weapons, | 25 | | attachments, or ammunition to persons authorized under | 26 | | subdivisions (1) through (5) of this subsection (a) to |
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| 1 | | possess those items. | 2 | | (7) Manufacture, transportation, or sale of weapons, | 3 | | attachments, or ammunition for sale or transfer in another | 4 | | state. | 5 | | (8) Possession of any firearm if that firearm is | 6 | | sanctioned by the International Olympic Committee and by | 7 | | USA Shooting, the national governing body for | 8 | | international shooting competition in the United States, | 9 | | but only when the firearm is in the actual possession of an | 10 | | Olympic target shooting competitor or target shooting | 11 | | coach for the purpose of storage, transporting to and from | 12 | | Olympic target shooting practice or events if the firearm | 13 | | is broken down in a non-functioning state, is not | 14 | | immediately accessible, or is unloaded and enclosed in a | 15 | | firearm case, carrying box, shipping box, or other similar | 16 | | portable container designed for the safe transportation of | 17 | | firearms, and when the Olympic target shooting competitor | 18 | | or target shooting coach is engaging in those practices or | 19 | | events. For the purposes of this paragraph (8), "firearm" | 20 | | is as defined in Section 1.1 of the Firearm Owners | 21 | | Identification Card Act. | 22 | | (9) Any non-resident who transports, within 24 hours, a | 23 | | weapon for any lawful purpose from any place where he or | 24 | | she may lawfully possess and carry that weapon to any other | 25 | | place where he or she may lawfully possess and carry that | 26 | | weapon if, during the transportation the weapon is |
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| 1 | | unloaded, and neither the weapon nor any ammunition being | 2 | | transported is readily accessible or is directly | 3 | | accessible from the passenger compartment of the | 4 | | transporting vehicle. Provided that, in the case of a | 5 | | vehicle without a compartment separate from the driver's | 6 | | compartment the weapon or ammunition shall be contained in | 7 | | a locked container other than the glove compartment or | 8 | | console. | 9 | | (10) Possession of a weapon at events taking place at | 10 | | the World Shooting and Recreational Complex at Sparta, only | 11 | | while engaged in the legal use of this weapon, or while | 12 | | traveling to or from this location if the weapon is broken | 13 | | down in a non-functioning state, or is not immediately | 14 | | accessible, or is unloaded and enclosed in a firearm case, | 15 | | carrying box, shipping box, or other similar portable | 16 | | container designed for the safe transportation of | 17 | | firearms. | 18 | | (11) Possession of a weapon only for hunting use | 19 | | expressly permitted under the Wildlife Code, or while | 20 | | traveling to or from a location authorized for this hunting | 21 | | use under the Wildlife Code if the weapon is broken down in | 22 | | a non-functioning state, or is not immediately accessible, | 23 | | or is unloaded and enclosed in a firearm case, carrying | 24 | | box, shipping box, or other similar portable container | 25 | | designed for the safe transportation of firearms. | 26 | | (12) The manufacture, transportation, possession, |
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| 1 | | sale, or rental of blank-firing assault weapons or the | 2 | | weapon's respective attachments, to persons authorized or | 3 | | permitted, or both authorized and permitted to acquire and | 4 | | possess these weapons or attachments for the purpose of | 5 | | rental for use solely as props for a motion picture, | 6 | | television, or video production or entertainment event. | 7 | | (b) Section 5 does not apply to a peace officer who has | 8 | | retired in good standing from a law enforcement agency of this | 9 | | State and who possesses a prohibited weapon or attachment, if | 10 | | the weapon or attachment was lawfully possessed and acquired by | 11 | | the peace officer prior to retirement and the retired peace | 12 | | officer within 30 days of retirement registers the weapon or | 13 | | attachment with the Department of State Police as provided for | 14 | | possession under this Act. The retired peace officer shall | 15 | | comply with the transfer and notification requirements as | 16 | | provided for possession under this Act.".
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