Illinois General Assembly - Full Text of HB1156
Illinois General Assembly

Previous General Assemblies

Full Text of HB1156  98th General Assembly


Rep. Michael J. Zalewski

Filed: 3/18/2013





09800HB1156ham012LRB098 08476 MRW 43192 a


2    AMENDMENT NO. ______. Amend House Bill 1156, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The Criminal Code of 2012 is amended by adding
6Section 24-1.10 as follows:
7    (720 ILCS 5/24-1.10 new)
8    Sec. 24-1.10. Delivery, sale, receipt, transfer, purchase,
9or possession of large capacity ammunition feeding device.
10    (a) As used in this Section:
11    "Large capacity ammunition feeding device" means:
12        (1) a magazine, belt, drum, feed strip, or similar
13    device that has a capacity of, or that can be readily
14    restored or converted to accept, more than 10 rounds of
15    ammunition; or
16        (2) any combination of parts from which a device



09800HB1156ham012- 2 -LRB098 08476 MRW 43192 a

1    described in paragraph (1) can be assembled.
2    "Large capacity ammunition feeding device" does not
3include an attached tubular device designed to accept, and
4capable of operating only with, .22 caliber rimfire ammunition.
5"Large capacity ammunition feeding device" does not include a
6tubular magazine that is contained in a lever-action firearm or
7any device that has been made permanently inoperable.
8    (b) Except as provided in subsection (c), it is unlawful
9for any person within this State to knowingly deliver, sell,
10receive, transfer, purchase, or cause to be delivered, sold,
11received, transferred, purchased, or possessed a large
12capacity ammunition feeding device.
13    (b-5) Except as provided in subsections (b-10) and (c), 270
14days after the effective date of this amendatory Act of the
1598th General Assembly, it is unlawful for any person within
16this State to knowingly possess a large capacity ammunition
17feeding device.
18    (b-10) This Section does not apply to a person who
19possessed a large capacity ammunition feeding device
20prohibited by subsection (b-5) of this Section before the
21effective date of this amendatory Act of the 98th General
22Assembly, provided that the person has provided in a
23registration affidavit, under oath or affirmation and in the
24form and manner prescribed by the Department of State Police,
25his or her name, date of birth, and Firearm Owner's
26Identification Card Number, on or after 180 days after the



09800HB1156ham012- 3 -LRB098 08476 MRW 43192 a

1effective date of this amendatory Act of the 98th General
2Assembly but within 270 days after the effective date of this
3amendatory Act of the 98th General Assembly. The affidavit
4shall include a statement that the large capacity ammunition
5feeding device is owned by the person submitting the affidavit.
6Each affidavit form shall include the following statement
7printed in bold type: "Warning: Entering false information on
8this form is punishable as perjury under Section 32-2 of the
9Criminal Code of 2012.". Beginning 270 days after the effective
10date of this amendatory Act of the 98th General Assembly, the
11person may transfer the large capacity ammunition feeding
12device only to an heir, an individual residing in another state
13maintaining that device in another state, or a dealer licensed
14as a federal firearms dealer under Section 923 of the federal
15Gun Control Act of 1968. Within 10 days after transfer of the
16device, the person shall notify the Department of State Police
17of the name and address of the transferee and comply with the
18requirements of subsection (b) of Section 3 of the Firearm
19Owners Identification Card Act. The person to whom the device
20is transferred shall, within 60 days of the transfer, complete
21an affidavit. A person to whom the device is transferred may
22transfer the device only as provided in this subsection.
23    (c) Exemptions. This Section does not apply to or affect
24any of the following:
25        (1) Peace officers as defined in Section 2-13 of the
26    Criminal Code of 2012.



09800HB1156ham012- 4 -LRB098 08476 MRW 43192 a

1        (2) Acquisition and possession by a local law
2    enforcement agency for the purpose of equipping the
3    agency's peace officers as defined in paragraph (1) of this
4    subsection.
5        (3) Wardens, superintendents, and keepers of prisons,
6    penitentiaries, jails, and other institutions for the
7    detention of persons accused or convicted of an offense,
8    for the performance of their official duties.
9        (4) Members of the Armed Services or Reserve Forces of
10    the United States or the Illinois National Guard, for the
11    performance of their official duties.
12        (5) Any company that employs armed security officers in
13    this State at a nuclear energy, storage, weapons, or
14    development site or facility regulated by the federal
15    Nuclear Regulatory Commission and persons employed as an
16    armed security force member at a nuclear energy, storage,
17    weapons, or development site or facility regulated by the
18    federal Nuclear Regulatory Commission who have completed
19    the background screening and training mandated by the rules
20    and regulations of the federal Nuclear Regulatory
21    Commission for the performance of their official duties.
22        (6) Manufacture, transportation, or sale of large
23    capacity ammunition feeding devices to persons authorized
24    under paragraphs (1) through (5) of this subsection (c) to
25    possess those devices.
26        (7) Manufacture, transportation, or sale of large



09800HB1156ham012- 5 -LRB098 08476 MRW 43192 a

1    capacity ammunition feeding devices for sale or transfer in
2    another state.
3        (8) Sale or rental of large capacity ammunition feeding
4    devices for blank-firing prohibited weapons to persons
5    authorized or permitted, or both authorized and permitted,
6    to acquire these devices for the purpose of rental for use
7    solely as props for a motion picture, television, or video
8    production or entertainment event.
9    (d) Sentence. A person who possesses a large capacity
10ammunition feeding device in violation of this Section commits
11a Class A misdemeanor for a first violation and a Class 4
12felony for a second or subsequent violation. A person who
13delivers, sells, receives, transfers, purchases, or causes to
14be delivered, sold, received, transferred, purchased, or
15possessed a large capacity ammunition feeding device in
16violation of this Section commits a Class 4 felony for a first
17violation and a Class 3 felony for a second or subsequent