Illinois General Assembly - Full Text of SB0236
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Full Text of SB0236  100th General Assembly

SB0236sam001 100TH GENERAL ASSEMBLY

Sen. Julie A. Morrison

Filed: 10/19/2017

 

 


 

 


 
10000SB0236sam001LRB100 05156 RLC 30131 a

1
AMENDMENT TO SENATE BILL 236

2    AMENDMENT NO. ______. Amend Senate Bill 236 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 2012 is amended by
5changing Section 24-1 and by adding Sections 24-1.9 and 24-1.10
6as 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
10when 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
19subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
20subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
21Class A misdemeanor. A person convicted of a violation of
22subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
23person convicted of a violation of subsection 24-1(a)(6) or
2424-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
25convicted of a violation of subsection 24-1(a)(7)(i) or
2624-1(a)(7)(i-5) commits a Class 2 felony and shall be sentenced

 

 

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1to a term of imprisonment of not less than 3 years and not more
2than 7 years, unless the weapon is possessed in the passenger
3compartment of a motor vehicle as defined in Section 1-146 of
4the Illinois Vehicle Code, or on the person, while the weapon
5is loaded, in which case it shall be a Class X felony. A person
6convicted of a second or subsequent violation of subsection
724-1(a)(4), 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a
8Class 3 felony. The possession of each weapon in violation of
9this 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
26omnibus of any weapon, instrument or substance referred to in

 

 

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1subsection (a)(7) is prima facie evidence that it is in the
2possession of, and is being carried by, all persons occupying
3such automobile at the time such weapon, instrument or
4substance is found, except under the following circumstances:
5(i) if such weapon, instrument or instrumentality is found upon
6the person of one of the occupants therein; or (ii) if such
7weapon, instrument or substance is found in an automobile
8operated for hire by a duly licensed driver in the due, lawful
9and proper pursuit of his trade, then such presumption shall
10not 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
4assault 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
4necessary to carry out the requirements of this Section within
5180 days after the effective date of this amendatory Act of the
6100th 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
9amendatory Act of the 100th General Assembly, it is unlawful
10for any person within this State to knowingly deliver, sell, or
11purchase or cause to be delivered, sold, or purchased or cause
12to be possessed by another, an assault weapon or assault weapon
13attachment.
14    (d) Except as otherwise provided in subsections (e), (f),
15and (h) of this Section, 300 days after the effective date of
16this amendatory Act of the 100th General Assembly, it is
17unlawful for any person within this State to knowingly possess
18an assault weapon.
19    (e) This Section does not apply to a person who possessed
20an assault weapon before the effective date of this amendatory
21Act of the 100th General Assembly, provided the person has
22provided in a registration affidavit, under oath or affirmation
23and in the form and manner prescribed by the Department of
24State Police on or after 180 days after the effective date of
25this amendatory Act of the 100th General Assembly but within
26300 days after the effective date of this amendatory Act of the

 

 

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1100th 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
12printed in bold type: "Warning: Entering false information on
13this form is punishable as perjury under Section 32-2 of the
14Criminal Code of 2012."
15    Beginning 300 days after the effective date of this
16amendatory Act of the 100th General Assembly, the person may
17transfer the assault weapon only to an heir, an individual
18residing in another state maintaining it in another state, or a
19dealer licensed as a federal firearms dealer under Section 923
20of the federal Gun Control Act of 1968. Within 10 days after
21transfer of the weapon except to an heir, the person shall
22notify the Department of State Police of the name and address
23of the transferee and comply with the requirements of
24subsection (b) of Section 3 of the Firearm Owners
25Identification Card Act. The person to whom the weapon is
26transferred shall, within 60 days of the transfer, complete an

 

 

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1affidavit and pay the required registration fee under this
2Section. A person to whom the weapon is transferred may
3transfer it only as provided in this subsection.
4    (f) This Section does not apply to a peace officer who has
5retired in good standing from a law enforcement agency of this
6State and who possesses an assault weapon if the weapon was
7lawfully possessed and acquired by the peace officer prior to
8retirement and the retired peace officer within 30 days of
9retirement registers the weapon with the Department of State
10Police and pays the required registration fee under this
11Section. The retired peace officer shall comply with the
12transfer and notification requirements in subsection (e) of
13this Section.
14    (g) For the purpose of registration required under
15subsections (e) and (f) of this Section, the Department of
16State Police shall assess a registration fee of $25 per person
17to the owner of an assault weapon. The fee shall be deposited
18into the State Police Firearm Services Fund.
19    (h) This Section does not apply to or affect any of the
20following:
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

 

 

10000SB0236sam001- 24 -LRB100 05156 RLC 30131 a

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
15feeding 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
25include an attached tubular device designed to accept, and

 

 

10000SB0236sam001- 25 -LRB100 05156 RLC 30131 a

1capable of operating only with, .22 caliber rimfire ammunition
2or a feeding device that has been permanently altered so that
3it cannot accommodate more than 10 rounds. "Large capacity
4ammunition feeding device" does not include a tubular magazine
5that is contained in a lever-action firearm or any device that
6has been made permanently inoperable.
7    (b) Except as provided in subsection (c), it is unlawful
8for any person within this State to knowingly deliver, sell,
9purchase, or possess or cause to be delivered, sold, or
10purchased a large capacity ammunition feeding device.
11    (c) This Section does not apply to or affect any of the
12following:
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,

 

 

10000SB0236sam001- 26 -LRB100 05156 RLC 30131 a

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,
18purchases, or causes to be delivered, sold, or purchased in
19violation of this Section a large capacity ammunition feeding
20device capable of holding more than 10 rounds of ammunition
21commits a Class 3 felony for a first violation and a Class 2
22felony for a second or subsequent violation or for delivery or
23possession of 2 or more of these devices at the same time. Any
24other violation of this Section is a Class A misdemeanor.
 
25    Section 99. Effective date. This Act takes effect upon

 

 

10000SB0236sam001- 27 -LRB100 05156 RLC 30131 a

1becoming law.".