Full Text of HB1157 98th General Assembly
HB1157ham009 98TH GENERAL ASSEMBLY | Rep. Kelly M. Cassidy Filed: 3/13/2013
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| 1 | | AMENDMENT TO HOUSE BILL 1157
| 2 | | AMENDMENT NO. ______. Amend House Bill 1157, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Criminal Code of 2012 is amended by adding | 6 | | Section 24-12 as follows: | 7 | | (720 ILCS 5/24-12 new) | 8 | | Sec. 24-12. Safe storage firearms. | 9 | | (a) As used in this Section: | 10 | | "Safe storage firearm" means any of the firearms or types, | 11 | | replicas, models, duplicates, or similar models, in any | 12 | | caliber, of the firearms, known as: | 13 | | (1) AR-15 Series. | 14 | | (2) Norinco, Mitchell, and Poly Technologies Avtomat | 15 | | Kalashnikovs. | 16 | | (3) Beretta AR-70 (SC-70). |
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| 1 | | (4) Action Arms Israeli Military Industries (IMI) UZI | 2 | | and Galil. | 3 | | (5) Bushmaster Assault Rifle. | 4 | | (6) Fabrique National FN/FAL, FN/LAR, and FNC. | 5 | | (7) Manufacture Nationale d'Armes de St. Etienne (MAS) | 6 | | .223. | 7 | | (8) SWD M-10, M-11, M-11/9, and M-12. | 8 | | (9) Steyr AUG. | 9 | | (10) INTRATEC TEC-9, TEC-DC9, and TEC-22. | 10 | | (11) Any semi-automatic pistol that has the ability to
| 11 | | accept a detachable magazine and has any of the
following: | 12 | | (A) a folding, telescoping, or thumbhole stock; | 13 | | (B) a shroud that is attached to, or partially
or | 14 | | completely encircles the barrel, and that
permits the | 15 | | shooter to hold the firearm with the
non-trigger hand | 16 | | without being burned; or
| 17 | | (C) a manufactured weight of 50 ounces or more when | 18 | | the pistol is unloaded. | 19 | | (12) Any semi-automatic rifle that has the ability to | 20 | | accept a detachable magazine and has any of the following: | 21 | | (A) a folding or telescoping stock; or | 22 | | (B) a pistol grip or pistol stock. | 23 | | (13) Any semi-automatic shotgun that has any of the | 24 | | following: | 25 | | (A) a folding or telescoping stock; | 26 | | (B) a pistol grip or thumbhole stock; |
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| 1 | | (C) a fixed magazine capacity in excess of 5 | 2 | | rounds; or | 3 | | (D) an ability to accept a detachable magazine. | 4 | | (14) Any centerfire rifle capable of firing a .50 | 5 | | caliber cartridge; not including any shotgun, including a | 6 | | shotgun that has a rifle barrel, or any muzzle-loader which | 7 | | uses black powder for hunting or historical re-enactments. | 8 | | "Safe storage firearm" does not include: | 9 | | (1) any firearm that: | 10 | | (A) is manually operated by bolt, pump, lever, or | 11 | | slide action; | 12 | | (B) is an unserviceable firearm or has been made | 13 | | permanently inoperable; | 14 | | (C) is an antique firearm; | 15 | | (D) any air rifle as defined in Section 24.8-0.1 of | 16 | | the Criminal Code of 2012; or | 17 | | (E) has been excluded as a safe storage firearm in | 18 | | a Department of Natural Resources rule. The Department | 19 | | of Natural Resources shall have the authority to adopt | 20 | | rules to further define exclusions of safe storage | 21 | | firearm types, replicas, models, duplicates, or | 22 | | similar models under this Section, provided the make, | 23 | | model, and caliber of the firearm excluded has a viable | 24 | | application to hunting game and conforms to accepted | 25 | | hunting principles of fair chase. | 26 | | (b) At any time when a person who owns or possesses a |
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| 1 | | firearm listed or described in subsection (a) is not in | 2 | | immediate possession of that firearm, he or she must keep a | 3 | | locking device or mechanism on the
firearm that renders the | 4 | | firearm temporarily inoperable, including but not limited to a
| 5 | | device that attaches to the firearm with a key or combination | 6 | | lock, and is designed to prevent the firearm from being | 7 | | discharged unless the device has been deactivated. If the
| 8 | | firearm is incapable of accepting a locking device, the person | 9 | | must keep the firearm unloaded and placed within a securely | 10 | | locked box or container that requires a key or
combination lock | 11 | | to open. | 12 | | (c) Sentence. A person who knowingly fails to store a safe | 13 | | storage firearm as required in subsection (b) commits a petty | 14 | | offense for a first violation and a Class A misdemeanor for a | 15 | | second or subsequent violation. | 16 | | (d) Exemptions. Subsection (b) does not apply to or affect | 17 | | any of the following: | 18 | | (1) Peace officers as defined in Section 2-13 of the | 19 | | Criminal Code of 2012. | 20 | | (2) Acquisition and possession by a local law | 21 | | enforcement agency for the purpose of equipping the | 22 | | agency's peace officers as defined in paragraph (1) of this | 23 | | subsection. | 24 | | (3) Wardens, superintendents, and keepers of prisons, | 25 | | penitentiaries, jails, and other institutions for the | 26 | | detention of persons accused or convicted of an offense. |
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| 1 | | (4) Members of the Armed Services or Reserve Forces of | 2 | | the United States or the Illinois National Guard, while in | 3 | | the performance of their official duties or while traveling | 4 | | to or from their place of duty. | 5 | | (5) Any company that employs armed security officers in | 6 | | this State at a nuclear energy, storage, weapons, or | 7 | | development site or facility regulated by the federal | 8 | | Nuclear Regulatory Commission and persons employed as an | 9 | | armed security force member at a nuclear energy, storage, | 10 | | weapons, or development site or facility regulated by the | 11 | | federal Nuclear Regulatory Commission who have completed | 12 | | the background screening and training mandated by the rules | 13 | | and regulations of the federal Nuclear Regulatory | 14 | | Commission and while in the performance of their official | 15 | | duties. | 16 | | (6) Manufacture, transportation, or sale of firearms | 17 | | to persons exempted under subdivisions (1) through (5) of | 18 | | this subsection. | 19 | | (7) Manufacture, transportation, or sale of firearms | 20 | | for sale or transfer in another state. | 21 | | (8) 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 | | firearm case, carrying box, shipping box, or other similar | 6 | | portable container designed for the safe transportation of | 7 | | firearms, and when the Olympic target shooting competitor | 8 | | or target shooting coach is engaging in those practices or | 9 | | events. For the purposes of this paragraph (8), "firearm" | 10 | | is as defined in Section 1.1 of the Firearm Owners | 11 | | Identification Card Act. | 12 | | (9) Any non-resident who transports, within 24 hours, a | 13 | | firearm for any lawful purpose from any place where he or | 14 | | she may lawfully possess and carry that firearm to any | 15 | | other place where he or she may lawfully possess and carry | 16 | | that firearm if, during the transportation the firearm is | 17 | | unloaded, and neither the firearm nor any ammunition being | 18 | | transported is readily accessible or is directly | 19 | | accessible from the passenger compartment of the | 20 | | transporting vehicle. Provided that, in the case of a | 21 | | vehicle without a compartment separate from the driver's | 22 | | compartment the firearm shall be contained in a locked | 23 | | container other than the glove compartment or console. | 24 | | (10) Possession of a firearm at events taking place at | 25 | | the World Shooting and Recreational Complex at Sparta, only | 26 | | while engaged in the legal use of the firearm, or while |
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| 1 | | traveling to or from this location if the firearm is broken | 2 | | down in a non-functioning state, or is not immediately | 3 | | accessible, or is unloaded and enclosed in a firearm case, | 4 | | carrying box, shipping box, or other similar portable | 5 | | container designed for the safe transportation of | 6 | | firearms. | 7 | | (11) Possession of a firearm only for hunting use | 8 | | expressly permitted under the Wildlife Code, or while | 9 | | traveling to or from a location authorized for this hunting | 10 | | use under the Wildlife Code if the firearm is broken down | 11 | | in a non-functioning state, or is not immediately | 12 | | accessible, or is unloaded and enclosed in a firearm case, | 13 | | carrying box, shipping box, or other similar portable | 14 | | container designed for the safe transportation of | 15 | | firearms. | 16 | | (12) The manufacture, transportation, possession, | 17 | | sale, or rental of blank-firing firearms to persons | 18 | | authorized or permitted to acquire and possess those | 19 | | firearms for the purpose of rental for use solely as props | 20 | | for a motion picture, television, or video production or | 21 | | entertainment event. ".
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