Full Text of SB0236 100th General Assembly
SB0236sam001 100TH GENERAL ASSEMBLY | Sen. Julie A. Morrison Filed: 10/19/2017
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| 1 | | AMENDMENT TO SENATE BILL 236
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 236 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal Code of 2012 is amended by | 5 | | changing Section 24-1 and by adding Sections 24-1.9 and 24-1.10 | 6 | | as follows:
| 7 | | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
| 8 | | Sec. 24-1. Unlawful use of weapons.
| 9 | | (a) A person commits the offense of unlawful use of weapons | 10 | | when
he knowingly:
| 11 | | (1) Sells, manufactures, purchases, possesses or | 12 | | carries any bludgeon,
black-jack, slung-shot, sand-club, | 13 | | sand-bag, metal knuckles or other knuckle weapon | 14 | | regardless of its composition, throwing star,
or any knife, | 15 | | commonly referred to as a switchblade knife, which has a
| 16 | | blade that opens automatically by hand pressure applied to |
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| 1 | | a button,
spring or other device in the handle of the | 2 | | knife, or a ballistic knife,
which is a device that propels | 3 | | a knifelike blade as a projectile by means
of a coil | 4 | | spring, elastic material or compressed gas; or
| 5 | | (2) Carries or possesses with intent to use the same | 6 | | unlawfully
against another, a dagger, dirk, billy, | 7 | | dangerous knife, razor,
stiletto, broken bottle or other | 8 | | piece of glass, stun gun or taser or
any other dangerous or | 9 | | deadly weapon or instrument of like character; or
| 10 | | (3) Carries on or about his person or in any vehicle, a | 11 | | tear gas gun
projector or bomb or any object containing | 12 | | noxious liquid gas or
substance, other than an object | 13 | | containing a non-lethal noxious liquid gas
or substance | 14 | | designed solely for personal defense carried by a person 18
| 15 | | years of age or older; or
| 16 | | (4) Carries or possesses in any vehicle or concealed on | 17 | | or about his
person except when on his land or in his own | 18 | | abode, legal dwelling, or fixed place of
business, or on | 19 | | the land or in the legal dwelling of another person as an | 20 | | invitee with that person's permission, any pistol, | 21 | | revolver, stun gun or taser or other firearm, except
that
| 22 | | this subsection (a) (4) does not apply to or affect | 23 | | transportation of weapons
that meet one of the following | 24 | | conditions:
| 25 | | (i) are broken down in a non-functioning state; or
| 26 | | (ii) are not immediately accessible; or
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| 1 | | (iii) are unloaded and enclosed in a case, firearm | 2 | | carrying box,
shipping box, or other container by a | 3 | | person who has been issued a currently
valid Firearm | 4 | | Owner's
Identification Card; or | 5 | | (iv) are carried or possessed in accordance with | 6 | | the Firearm Concealed Carry Act by a person who has | 7 | | been issued a currently valid license under the Firearm | 8 | | Concealed Carry Act; or
| 9 | | (5) Sets a spring gun; or
| 10 | | (6) Possesses any device or attachment of any kind | 11 | | designed, used or
intended for use in silencing the report | 12 | | of any firearm; or
| 13 | | (7) Sells, manufactures, purchases, possesses or | 14 | | carries:
| 15 | | (i) a machine gun, which shall be defined for the | 16 | | purposes of this
subsection as any weapon,
which | 17 | | shoots, is designed to shoot, or can be readily | 18 | | restored to shoot,
automatically more than one shot | 19 | | without manually reloading by a single
function of the | 20 | | trigger, including the frame or receiver
of any such | 21 | | weapon, or sells, manufactures, purchases, possesses, | 22 | | or
carries any combination of parts designed or | 23 | | intended for
use in converting any weapon into a | 24 | | machine gun, or any combination or
parts from which a | 25 | | machine gun can be assembled if such parts are in the
| 26 | | possession or under the control of a person;
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| 1 | | (i-5) a trigger modification device. For purposes | 2 | | of this clause (i-5), "trigger modification device" | 3 | | means any part, or combination of parts, designed or | 4 | | intended to accelerate the rate of fire of a firearm, | 5 | | but does not convert the firearm into a machine gun, | 6 | | including, but not limited to: | 7 | | (A) any part, or combination of parts, | 8 | | designed or intended for use in modifying a firearm | 9 | | to use the recoil of the firearm to produce a rapid | 10 | | succession of trigger functions; or | 11 | | (B) any part, or combination of parts, | 12 | | designed or intended for use in modifying a firearm | 13 | | to produce multiple trigger functions through the | 14 | | use of an external mechanism; | 15 | | (ii) any rifle having one or
more barrels less than | 16 | | 16 inches in length or a shotgun having one or more
| 17 | | barrels less than 18 inches in length or any weapon | 18 | | made from a rifle or
shotgun, whether by alteration, | 19 | | modification, or otherwise, if such a weapon
as | 20 | | modified has an overall length of less than 26 inches; | 21 | | or
| 22 | | (iii) any
bomb, bomb-shell, grenade, bottle or | 23 | | other container containing an
explosive substance of | 24 | | over one-quarter ounce for like purposes, such
as, but | 25 | | not limited to, black powder bombs and Molotov | 26 | | cocktails or
artillery projectiles; or
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| 1 | | (8) Carries or possesses any firearm, stun gun or taser | 2 | | or other
deadly weapon in any place which is licensed to | 3 | | sell intoxicating
beverages, or at any public gathering | 4 | | held pursuant to a license issued
by any governmental body | 5 | | or any public gathering at which an admission
is charged, | 6 | | excluding a place where a showing, demonstration or lecture
| 7 | | involving the exhibition of unloaded firearms is | 8 | | conducted.
| 9 | | This subsection (a)(8) does not apply to any auction or | 10 | | raffle of a firearm
held pursuant to
a license or permit | 11 | | issued by a governmental body, nor does it apply to persons
| 12 | | engaged
in firearm safety training courses; or
| 13 | | (9) Carries or possesses in a vehicle or on or about | 14 | | his person any
pistol, revolver, stun gun or taser or | 15 | | firearm or ballistic knife, when
he is hooded, robed or | 16 | | masked in such manner as to conceal his identity; or
| 17 | | (10) Carries or possesses on or about his person, upon | 18 | | any public street,
alley, or other public lands within the | 19 | | corporate limits of a city, village
or incorporated town, | 20 | | except when an invitee thereon or therein, for the
purpose | 21 | | of the display of such weapon or the lawful commerce in | 22 | | weapons, or
except when on his land or in his own abode, | 23 | | legal dwelling, or fixed place of business, or on the land | 24 | | or in the legal dwelling of another person as an invitee | 25 | | with that person's permission, any
pistol, revolver, stun | 26 | | gun or taser or other firearm, except that this
subsection |
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| 1 | | (a) (10) does not apply to or affect transportation of | 2 | | weapons that
meet one of the following conditions:
| 3 | | (i) are broken down in a non-functioning state; or
| 4 | | (ii) are not immediately accessible; or
| 5 | | (iii) are unloaded and enclosed in a case, firearm | 6 | | carrying box,
shipping box, or other container by a | 7 | | person who has been issued a currently
valid Firearm | 8 | | Owner's
Identification Card; or
| 9 | | (iv) are carried or possessed in accordance with | 10 | | the Firearm Concealed Carry Act by a person who has | 11 | | been issued a currently valid license under the Firearm | 12 | | Concealed Carry Act. | 13 | | A "stun gun or taser", as used in this paragraph (a) | 14 | | means (i) any device
which is powered by electrical | 15 | | charging units, such as, batteries, and
which fires one or | 16 | | several barbs attached to a length of wire and
which, upon | 17 | | hitting a human, can send out a current capable of | 18 | | disrupting
the person's nervous system in such a manner as | 19 | | to render him incapable of
normal functioning or (ii) any | 20 | | device which is powered by electrical
charging units, such | 21 | | as batteries, and which, upon contact with a human or
| 22 | | clothing worn by a human, can send out current capable of | 23 | | disrupting
the person's nervous system in such a manner as | 24 | | to render him incapable
of normal functioning; or
| 25 | | (11) Sells, manufactures or purchases any explosive | 26 | | bullet. For purposes
of this paragraph (a) "explosive |
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| 1 | | bullet" means the projectile portion of
an ammunition | 2 | | cartridge which contains or carries an explosive charge | 3 | | which
will explode upon contact with the flesh of a human | 4 | | or an animal.
"Cartridge" means a tubular metal case having | 5 | | a projectile affixed at the
front thereof and a cap or | 6 | | primer at the rear end thereof, with the
propellant | 7 | | contained in such tube between the projectile and the cap; | 8 | | or
| 9 | | (12) (Blank); or
| 10 | | (13) Carries or possesses on or about his or her person | 11 | | while in a building occupied by a unit of government, a | 12 | | billy club, other weapon of like character, or other | 13 | | instrument of like character intended for use as a weapon. | 14 | | For the purposes of this Section, "billy club" means a | 15 | | short stick or club commonly carried by police officers | 16 | | which is either telescopic or constructed of a solid piece | 17 | | of wood or other man-made material. | 18 | | (b) Sentence. A person convicted of a violation of | 19 | | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| 20 | | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | 21 | | Class A
misdemeanor.
A person convicted of a violation of | 22 | | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a | 23 | | person
convicted of a violation of subsection 24-1(a)(6) or | 24 | | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | 25 | | convicted of a violation of subsection
24-1(a)(7)(i) or | 26 | | 24-1(a)(7)(i-5) commits a Class 2 felony and shall be sentenced |
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| 1 | | to a term of imprisonment of not less than 3 years and not more | 2 | | than 7 years, unless the weapon is possessed in the
passenger | 3 | | compartment of a motor vehicle as defined in Section 1-146 of | 4 | | the
Illinois Vehicle Code, or on the person, while the weapon | 5 | | is loaded, in which
case it shall be a Class X felony. A person | 6 | | convicted of a
second or subsequent violation of subsection | 7 | | 24-1(a)(4), 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a | 8 | | Class 3 felony. The possession of each weapon in violation of | 9 | | this Section constitutes a single and separate violation.
| 10 | | (c) Violations in specific places.
| 11 | | (1) A person who violates subsection 24-1(a)(6) or | 12 | | 24-1(a)(7) in any
school, regardless of the time of day or | 13 | | the time of year, in residential
property owned, operated | 14 | | or managed by a public housing agency or
leased by
a public | 15 | | housing agency as part of a scattered site or mixed-income
| 16 | | development, in a
public park, in a courthouse, on the real | 17 | | property comprising any school,
regardless of the
time of | 18 | | day or the time of year, on residential property owned, | 19 | | operated
or
managed by a public housing agency
or leased by | 20 | | a public housing agency as part of a scattered site or
| 21 | | mixed-income development,
on the real property comprising | 22 | | any
public park, on the real property comprising any | 23 | | courthouse, in any conveyance
owned, leased or contracted | 24 | | by a school to
transport students to or from school or a | 25 | | school related activity, in any conveyance
owned, leased, | 26 | | or contracted by a public transportation agency, or on any
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| 1 | | public way within 1,000 feet of the real property | 2 | | comprising any school,
public park, courthouse, public | 3 | | transportation facility, or residential property owned, | 4 | | operated, or managed
by a public housing agency
or leased | 5 | | by a public housing agency as part of a scattered site or
| 6 | | mixed-income development
commits a Class 2 felony and shall | 7 | | be sentenced to a term of imprisonment of not less than 3 | 8 | | years and not more than 7 years.
| 9 | | (1.5) A person who violates subsection 24-1(a)(4), | 10 | | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | 11 | | time of day or the time of year,
in residential property | 12 | | owned, operated, or managed by a public
housing
agency
or | 13 | | leased by a public housing agency as part of a scattered | 14 | | site or
mixed-income development,
in
a public
park, in a | 15 | | courthouse, on the real property comprising any school, | 16 | | regardless
of the time of day or the time of year, on | 17 | | residential property owned,
operated, or managed by a | 18 | | public housing agency
or leased by a public housing agency | 19 | | as part of a scattered site or
mixed-income development,
on | 20 | | the real property
comprising any public park, on the real | 21 | | property comprising any courthouse, in
any conveyance | 22 | | owned, leased, or contracted by a school to transport | 23 | | students
to or from school or a school related activity, in | 24 | | any conveyance
owned, leased, or contracted by a public | 25 | | transportation agency, or on any public way within
1,000 | 26 | | feet of the real property comprising any school, public |
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| 1 | | park, courthouse,
public transportation facility, or | 2 | | residential property owned, operated, or managed by a | 3 | | public
housing agency
or leased by a public housing agency | 4 | | as part of a scattered site or
mixed-income development
| 5 | | commits a Class 3 felony.
| 6 | | (2) A person who violates subsection 24-1(a)(1), | 7 | | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | 8 | | time of day or the time of year, in
residential property | 9 | | owned, operated or managed by a public housing
agency
or | 10 | | leased by a public housing agency as part of a scattered | 11 | | site or
mixed-income development,
in
a public park, in a | 12 | | courthouse, on the real property comprising any school,
| 13 | | regardless of the time of day or the time of year, on | 14 | | residential property
owned, operated or managed by a public | 15 | | housing agency
or leased by a public housing agency as part | 16 | | of a scattered site or
mixed-income development,
on the | 17 | | real property
comprising any public park, on the real | 18 | | property comprising any courthouse, in
any conveyance | 19 | | owned, leased or contracted by a school to transport | 20 | | students
to or from school or a school related activity, in | 21 | | any conveyance
owned, leased, or contracted by a public | 22 | | transportation agency, or on any public way within
1,000 | 23 | | feet of the real property comprising any school, public | 24 | | park, courthouse,
public transportation facility, or | 25 | | residential property owned, operated, or managed by a | 26 | | public
housing agency or leased by a public housing agency |
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| 1 | | as part of a scattered
site or mixed-income development | 2 | | commits a Class 4 felony. "Courthouse"
means any building | 3 | | that is used by the Circuit, Appellate, or Supreme Court of
| 4 | | this State for the conduct of official business.
| 5 | | (3) Paragraphs (1), (1.5), and (2) of this subsection | 6 | | (c) shall not
apply to law
enforcement officers or security | 7 | | officers of such school, college, or
university or to | 8 | | students carrying or possessing firearms for use in | 9 | | training
courses, parades, hunting, target shooting on | 10 | | school ranges, or otherwise with
the consent of school | 11 | | authorities and which firearms are transported unloaded
| 12 | | enclosed in a suitable case, box, or transportation | 13 | | package.
| 14 | | (4) For the purposes of this subsection (c), "school" | 15 | | means any public or
private elementary or secondary school, | 16 | | community college, college, or
university.
| 17 | | (5) For the purposes of this subsection (c), "public | 18 | | transportation agency" means a public or private agency | 19 | | that provides for the transportation or conveyance of
| 20 | | persons by means available to the general public, except | 21 | | for transportation
by automobiles not used for conveyance | 22 | | of the general public as passengers; and "public | 23 | | transportation facility" means a terminal or other place
| 24 | | where one may obtain public transportation.
| 25 | | (d) The presence in an automobile other than a public | 26 | | omnibus of any
weapon, instrument or substance referred to in |
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| 1 | | subsection (a)(7) is
prima facie evidence that it is in the | 2 | | possession of, and is being
carried by, all persons occupying | 3 | | such automobile at the time such
weapon, instrument or | 4 | | substance is found, except under the following
circumstances: | 5 | | (i) if such weapon, instrument or instrumentality is
found upon | 6 | | the person of one of the occupants therein; or (ii) if such
| 7 | | weapon, instrument or substance is found in an automobile | 8 | | operated for
hire by a duly licensed driver in the due, lawful | 9 | | and proper pursuit of
his trade, then such presumption shall | 10 | | not apply to the driver.
| 11 | | (e) Exemptions. | 12 | | (1) Crossbows, Common or Compound bows and Underwater
| 13 | | Spearguns are exempted from the definition of ballistic | 14 | | knife as defined in
paragraph (1) of subsection (a) of this | 15 | | Section. | 16 | | (2) The provision of paragraph (1) of subsection (a) of | 17 | | this Section prohibiting the sale, manufacture, purchase, | 18 | | possession, or carrying of any knife, commonly referred to | 19 | | as a switchblade knife, which has a
blade that opens | 20 | | automatically by hand pressure applied to a button,
spring | 21 | | or other device in the handle of the knife, does not apply | 22 | | to a person who possesses a currently valid Firearm Owner's | 23 | | Identification Card previously issued in his or her name by | 24 | | the Department of State Police or to a person or an entity | 25 | | engaged in the business of selling or manufacturing | 26 | | switchblade knives.
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| 1 | | (Source: P.A. 99-29, eff. 7-10-15; 100-82, eff. 8-11-17.)
| 2 | | (720 ILCS 5/24-1.9 new) | 3 | | Sec. 24-1.9. Possession, delivery, sale, and purchase of | 4 | | assault weapons. | 5 | | (a) Definitions. As used in this Section: | 6 | | (1) "Antique firearm" has the meaning ascribed to it in | 7 | | 18 U.S.C. 921 (a)(16). | 8 | | (2) "Assault weapon" means: | 9 | | (A) a semiautomatic rifle that has the capacity to | 10 | | accept a large capacity
magazine detachable or | 11 | | otherwise and one or more of the following: | 12 | | (i) only a pistol grip without a stock | 13 | | attached; | 14 | | (ii) any feature capable of functioning as a | 15 | | protruding grip that
can be held by the non-trigger | 16 | | hand; | 17 | | (iii) a folding, telescoping, or thumbhole | 18 | | stock; | 19 | | (iv) a shroud attached to the barrel, or that | 20 | | partially or
completely encircles the barrel, | 21 | | allowing the bearer to hold
the firearm with the | 22 | | non-trigger hand without being burned,
but | 23 | | excluding a slide that encloses the barrel; or | 24 | | (v) a muzzle brake or muzzle compensator; | 25 | | (B) a semiautomatic pistol or any semi-automatic |
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| 1 | | rifle that has a fixed
magazine, that has the capacity | 2 | | to accept more than 10 rounds of ammunition; | 3 | | (C) a semiautomatic pistol that has the capacity to | 4 | | accept a detachable
magazine and has one or more of the | 5 | | following: | 6 | | (i) any feature capable of functioning as a | 7 | | protruding grip that
can be held by the non-trigger | 8 | | hand; | 9 | | (ii) a folding, telescoping, or thumbhole | 10 | | stock; | 11 | | (iii) a shroud attached to the barrel, or that | 12 | | partially or
completely encircles the barrel, | 13 | | allowing the bearer to hold
the firearm with the | 14 | | non-trigger hand without being burned,
but | 15 | | excluding a slide that encloses the barrel; | 16 | | (iv) a muzzle brake or muzzle compensator; or | 17 | | (v) the capacity to accept a detachable | 18 | | magazine at some
location outside of the pistol | 19 | | grip; | 20 | | (D) a semiautomatic shotgun that has one or more of | 21 | | the following: | 22 | | (i) only a pistol grip without a stock | 23 | | attached; | 24 | | (ii) any feature capable of functioning as a | 25 | | protruding grip that
can be held by the non-trigger | 26 | | hand; |
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| 1 | | (iii) a folding, telescoping, or thumbhole | 2 | | stock; | 3 | | (iv) a fixed magazine capacity in excess of 5 | 4 | | rounds; or | 5 | | (v) an ability to accept a detachable | 6 | | magazine; | 7 | | (E) any shotgun with a revolving cylinder; | 8 | | (F) a conversion kit, part or combination of parts, | 9 | | from which an assault
weapon can be assembled if those | 10 | | parts are in the possession or under the control of the | 11 | | same
person; | 12 | | (G)
shall include, but not be limited to, the | 13 | | assault weapons models identified as follows: | 14 | | (i) the following rifles or copies or | 15 | | duplicates of those rifles: | 16 | | (I) AK, AKM, AKS, AK-47, AK-74, ARM, | 17 | | MAK90, Misr,
NHM 90, NHM 91, SA 85, SA 93, | 18 | | VEPR; | 19 | | (II) AR-10; | 20 | | (III) AR-15, Bushmaster XM15, Armalite | 21 | | Ml5, or Olympic
Arms PCR; | 22 | | (IV) AR70; | 23 | | (V) Calico Liberty; | 24 | | (VI) Dragunov SVD Sniper Rifle or Dragunov | 25 | | SVU; | 26 | | (VII) Fabrique National FN/FAL, FN/LAR, or |
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| 1 | | FNC; | 2 | | (VIII) Hi-Point Carbine; | 3 | | (IX) HK-91, HK-93, HK-94, or HK-PSG-1; | 4 | | (X) Kel-Tec Sub Rifle; | 5 | | (XI) Saiga; | 6 | | (XII) SAR-8, SAR-4800; | 7 | | (XIII) SKS with detachable magazine; | 8 | | (XIV) SLG 95; | 9 | | (XV) SLR 95 or 96; | 10 | | (XVI) Steyr AUG; | 11 | | (XVII) Sturm, Ruger Mini-14; | 12 | | (XVIII) Tavor; | 13 | | (XIX) Thompson 1927, Thompson Ml, or | 14 | | Thompson 1927
Commando; or | 15 | | (XX) Uzi, Galil and Uzi Sporter, Galil | 16 | | Sporter, or Galil
Sniper Rifle (Galatz). | 17 | | (ii) the following pistols or copies or | 18 | | duplicates of those pistols: | 19 | | (I) Calico M-110; | 20 | | (II) MAC-10, MAC-11, or MPA3; | 21 | | (III) Olympic Arms OA; | 22 | | (IV) TEC-9, TEC-DC9, TEC-22 Scorpion, or | 23 | | AB-10; or | 24 | | (V) Uzi. | 25 | | (iii) The following shotguns or copies or | 26 | | duplicates of those shotguns: |
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| 1 | | (I) Armscor 30 BG; | 2 | | (II) SPAS 12 or LAW 12; | 3 | | (III) Striker 12; or | 4 | | (IV) Streetsweeper. | 5 | | "Assault weapon" does not include any firearm that has | 6 | | been made permanently
inoperable, or satisfies the | 7 | | definition of antique firearm,
or weapons designed for | 8 | | Olympic target shooting events. | 9 | | (3) "Assault weapon attachment" means any device | 10 | | capable of being attached to a firearm that is specifically | 11 | | designed for making or converting a firearm into any of the | 12 | | firearms listed in paragraph (2) of this subsection (a). | 13 | | (4) "Detachable magazine" means any ammunition feeding | 14 | | device, the function
of which is to deliver one or more | 15 | | ammunition cartridges into the firing chamber, which can be
| 16 | | removed from the firearm without the use of any tool, | 17 | | including a bullet or ammunition cartridge. | 18 | | (5) "Locking mechanism" means secured by a device or | 19 | | mechanism, other than the firearm safety, designed to | 20 | | render a firearm temporarily inoperable; or a box or | 21 | | container capable of containing the firearm and that can be | 22 | | securely locked. | 23 | | (6) "Muzzle brake" means a device attached to the | 24 | | muzzle of a weapon that
utilizes escaping gas to reduce | 25 | | recoil. | 26 | | (7) "Muzzle compensator" means a device attached to the |
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| 1 | | muzzle of a weapon that
utilizes escaping gas to control | 2 | | muzzle movement. | 3 | | (b) The Department of State Police shall take all steps | 4 | | necessary to carry out the requirements of this Section within | 5 | | 180 days after the effective date of this amendatory Act of the | 6 | | 100th General Assembly. | 7 | | (c) Except as provided in subsections (d), (e), (f), and | 8 | | (h) of this Section, on or after the effective date of this | 9 | | amendatory Act of the 100th General Assembly, it is unlawful | 10 | | for any person within this State to knowingly deliver, sell, or | 11 | | purchase or cause to be delivered, sold, or purchased or cause | 12 | | to be possessed by another, an assault weapon or assault weapon | 13 | | attachment. | 14 | | (d) Except as otherwise provided in subsections (e), (f), | 15 | | and (h) of this Section, 300 days after the effective date of | 16 | | this amendatory Act of the 100th General Assembly, it is | 17 | | unlawful for any person within this State to knowingly possess | 18 | | an assault weapon. | 19 | | (e) This Section does not apply to a person who possessed | 20 | | an assault weapon before the effective date of this amendatory | 21 | | Act of the 100th General Assembly, provided the person has | 22 | | provided in a registration affidavit, under oath or affirmation | 23 | | and in the form and manner prescribed by the Department of | 24 | | State Police on or after 180 days after the effective date of | 25 | | this amendatory Act of the 100th General Assembly but within | 26 | | 300 days after the effective date of this amendatory Act of the |
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| 1 | | 100th General Assembly: | 2 | | (1) his or her name; | 3 | | (2) date of birth; | 4 | | (3) Firearm Owner's Identification Card number; | 5 | | (4) the make, model, caliber, and serial number of the | 6 | | weapon; and | 7 | | (5) proof of a locking mechanism that properly fits the | 8 | | weapon. The affidavit shall include a statement that the | 9 | | weapon is owned by the person submitting the affidavit and | 10 | | that he or she owns a locking mechanism for the weapon. | 11 | | The affidavit form shall include the following statement | 12 | | printed in bold type: "Warning: Entering false information on | 13 | | this form is punishable as perjury under Section 32-2 of the | 14 | | Criminal Code of 2012." | 15 | | Beginning 300 days after the effective date of this | 16 | | amendatory Act of the 100th General Assembly, the person may | 17 | | transfer the assault weapon only to an heir, an individual | 18 | | residing in another state maintaining it in another state, or a | 19 | | dealer licensed as a federal firearms dealer under Section 923 | 20 | | of the federal Gun Control Act of 1968. Within 10 days after | 21 | | transfer of the weapon except to an heir, the person shall | 22 | | notify the Department of State Police of the name and address | 23 | | of the transferee and comply with the requirements of | 24 | | subsection (b) of Section 3 of the Firearm Owners | 25 | | Identification Card Act. The person to whom the weapon is | 26 | | transferred shall, within 60 days of the transfer, complete an |
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| 1 | | affidavit and pay the required registration fee under this | 2 | | Section. A person to whom the weapon is transferred may | 3 | | transfer it only as provided in this subsection. | 4 | | (f) This Section does not apply to a peace officer who has | 5 | | retired in good standing from a law enforcement agency of this | 6 | | State and who possesses an assault weapon if the weapon was | 7 | | lawfully possessed and acquired by the peace officer prior to | 8 | | retirement and the retired peace officer within 30 days of | 9 | | retirement registers the weapon with the Department of State | 10 | | Police and pays the required registration fee under this | 11 | | Section. The retired peace officer shall comply with the | 12 | | transfer and notification requirements in subsection (e) of | 13 | | this Section. | 14 | | (g) For the purpose of registration required under | 15 | | subsections (e) and (f) of this Section, the Department of | 16 | | State Police shall assess a registration fee of $25 per person | 17 | | to the owner of an assault weapon. The fee shall be deposited | 18 | | into the State Police Firearm Services Fund. | 19 | | (h) This Section does not apply to or affect any of the | 20 | | following: | 21 | | (1) Peace officers. | 22 | | (2) Acquisition and possession by a local law | 23 | | enforcement agency for the purpose of equipping the | 24 | | agency's peace officers. | 25 | | (3) Wardens, superintendents, and keepers of prisons, | 26 | | penitentiaries, jails, and other institutions for the |
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| 1 | | detention of persons accused or convicted of an offense. | 2 | | (4) Members of the Armed Services or Reserve Forces of | 3 | | the United States or the Illinois National Guard, while in | 4 | | the performance of their official duties or while traveling | 5 | | to or from their place of duty. | 6 | | (5) Any company that employs armed security officers in | 7 | | this State at a nuclear energy, storage, weapons, or | 8 | | development site or facility regulated by the federal | 9 | | Nuclear Regulatory Commission and persons employed as an | 10 | | armed security force member at a nuclear energy, storage, | 11 | | weapons, or development site or facility regulated by the | 12 | | federal Nuclear Regulatory Commission who have completed | 13 | | the background screening and training mandated by the rules | 14 | | and regulations of the federal Nuclear Regulatory | 15 | | Commission and while in the performance of their official | 16 | | duties. | 17 | | (6) Manufacture, transportation, or sale of weapons, | 18 | | attachments, or ammunition to persons authorized under | 19 | | subdivisions (1) through (5) of this subsection (h) to | 20 | | possess those items. | 21 | | (7) Manufacture, transportation, or sale of weapons, | 22 | | attachments, or ammunition for sale or transfer in another | 23 | | state. | 24 | | (8) Possession of any firearm if that firearm is | 25 | | sanctioned by the International Olympic Committee and by | 26 | | USA Shooting, the national governing body for |
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| 1 | | international shooting competition in the United States, | 2 | | but only when the firearm is in the actual possession of an | 3 | | Olympic target shooting competitor or target shooting | 4 | | coach for the purpose of storage, transporting to and from | 5 | | Olympic target shooting practice or events if the firearm | 6 | | is broken down in a non-functioning state, is not | 7 | | immediately accessible, or is unloaded and enclosed in a | 8 | | firearm case, carrying box, shipping box, or other similar | 9 | | portable container designed for the safe transportation of | 10 | | firearms, and when the Olympic target shooting competitor | 11 | | or target shooting coach is engaging in those practices or | 12 | | events. | 13 | | (9) Any non-resident who transports, within 24 hours, a | 14 | | weapon for any lawful purpose from any place where he or | 15 | | she may lawfully possess and carry that weapon to any other | 16 | | place where he or she may lawfully possess and carry that | 17 | | weapon if, during the transportation the weapon is | 18 | | unloaded, and neither the weapon nor any ammunition being | 19 | | transported is readily accessible or is directly | 20 | | accessible from the passenger compartment of the | 21 | | transporting vehicle. Provided that, in the case of a | 22 | | vehicle without a compartment separate from the driver's | 23 | | compartment the weapon or ammunition shall be contained in | 24 | | a locked container other than the glove compartment or | 25 | | console. | 26 | | (10) Possession of a weapon at events taking place at |
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| 1 | | the World Shooting and Recreational Complex at Sparta, only | 2 | | while engaged in the legal use of this weapon, or while | 3 | | traveling to or from this location if the weapon is broken | 4 | | down in a non-functioning state, or is not immediately | 5 | | accessible, or is unloaded and enclosed in a firearm case, | 6 | | carrying box, shipping box, or other similar portable | 7 | | container designed for the safe transportation of | 8 | | firearms. | 9 | | (11) Possession of a weapon only for hunting use | 10 | | expressly permitted under the Wildlife Code, or while | 11 | | traveling to or from a location authorized for this hunting | 12 | | use under the Wildlife Code if the weapon is broken down in | 13 | | a non-functioning state, or is not immediately accessible, | 14 | | or is unloaded and enclosed in a firearm case, carrying | 15 | | box, shipping box, or other similar portable container | 16 | | designed for the safe transportation of firearms. | 17 | | (12) The manufacture, transportation, possession, | 18 | | sale, or rental of blank-firing assault weapons and the | 19 | | weapon's respective attachments, to persons authorized or | 20 | | permitted, or both authorized and permitted to acquire and | 21 | | possess these weapons or attachments for the purpose of | 22 | | rental for use solely as props for a motion picture, | 23 | | television, or video production or entertainment event. | 24 | | (i) Sentence. | 25 | | (1) A person who knowingly delivers, sells, purchases, | 26 | | or possesses or causes to be delivered, sold, purchased, or |
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| 1 | | possessed an assault weapon in violation of this Section | 2 | | commits a Class 3 felony for a first violation and a Class | 3 | | 2 felony for a second or subsequent violation or for the | 4 | | possession or delivery of 2 or more of these weapons at the | 5 | | same time. | 6 | | (2) A person who knowingly delivers, sells, purchases, | 7 | | or possesses or causes to be delivered, sold, purchased, or | 8 | | possessed in violation of this Section an assault weapon | 9 | | attachment commits a Class 4 felony for a first violation | 10 | | and a Class 3 felony for a second or subsequent violation. | 11 | | (3) Any other violation of this Section is a Class A | 12 | | misdemeanor. | 13 | | (720 ILCS 5/24-1.10 new) | 14 | | Sec. 24-1.10. Delivery or sale of large capacity ammunition | 15 | | feeding devices. | 16 | | (a) As used in this Section: | 17 | | "Large capacity ammunition feeding device" means: | 18 | | (1) a magazine, belt, drum, feed strip, or similar | 19 | | device that has a capacity of, or that can be readily | 20 | | restored or converted to accept, more than 10 rounds of | 21 | | ammunition; or | 22 | | (2) any combination of parts from which a device | 23 | | described in paragraph (1) can be assembled. | 24 | | "Large capacity ammunition feeding device" does not | 25 | | include an attached tubular device designed to accept, and |
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| 1 | | capable of operating only with, .22 caliber rimfire ammunition | 2 | | or a feeding device that has been permanently altered so that | 3 | | it cannot accommodate more than 10 rounds. "Large capacity | 4 | | ammunition feeding device" does not include a tubular magazine
| 5 | | that is contained in a lever-action firearm or any device that | 6 | | has been made permanently inoperable. | 7 | | (b) Except as provided in subsection (c), it is unlawful | 8 | | for any person within this State to knowingly deliver, sell, | 9 | | purchase, or possess or cause to be delivered, sold, or | 10 | | purchased a large capacity ammunition feeding device. | 11 | | (c) This Section does not apply to or affect any of the | 12 | | following: | 13 | | (1) Peace officers. | 14 | | (2) A local law enforcement agency for the purpose of | 15 | | equipping the agency's peace officers. | 16 | | (3) Wardens, superintendents, and keepers of prisons, | 17 | | penitentiaries, jails, and other institutions for the | 18 | | detention of persons accused or convicted of an offense. | 19 | | (4) Members of the Armed Services or Reserve Forces of | 20 | | the United States or the Illinois National Guard, for the | 21 | | performance of their official duties. | 22 | | (5) Any company that employs armed security officers in | 23 | | this State at a nuclear energy, storage, weapons, or | 24 | | development site or facility regulated by the federal | 25 | | Nuclear Regulatory Commission and persons employed as an | 26 | | armed security force member at a nuclear energy, storage, |
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| 1 | | weapons, or development site or facility regulated by the | 2 | | federal Nuclear Regulatory Commission who have completed | 3 | | the background screening and training mandated by the rules | 4 | | and regulations of the federal Nuclear Regulatory | 5 | | Commission for the performance of their official duties. | 6 | | (6) Sale of large capacity ammunition feeding devices | 7 | | to persons authorized under paragraphs (1) through (5) of | 8 | | this subsection (c) to possess those devices. | 9 | | (7) Sale of large capacity ammunition feeding devices | 10 | | for sale or transfer in another state. | 11 | | (8) Sale or rental of large capacity ammunition feeding | 12 | | devices for blank-firing assault weapons to persons | 13 | | authorized or permitted, or both authorized and permitted | 14 | | to acquire these devices for the purpose of rental for use | 15 | | solely as props for a motion picture, television, or video | 16 | | production or entertainment event. | 17 | | (d) Sentence. A person who knowingly delivers, sells, | 18 | | purchases, or causes to be delivered, sold, or purchased in | 19 | | violation of this Section a large capacity ammunition feeding | 20 | | device capable of holding more than 10 rounds of ammunition | 21 | | commits a Class 3 felony for a first violation and a Class 2 | 22 | | felony for a second or subsequent violation or for delivery or | 23 | | possession of 2 or more of these devices at the same time. Any | 24 | | other violation of this Section is a Class A misdemeanor.
| 25 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.".
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