Full Text of HB1966 096th General Assembly
HB1966eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning criminal law, which may be referred to as | 2 |
| the Automatic Weapons Safe Zone Act of 2009.
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| Be it enacted by the People of the State of Illinois, | 4 |
| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by adding | 6 |
| Section 24-1.95 as follows: | 7 |
| (720 ILCS 5/24-1.95 new) | 8 |
| Sec. 24-1.95. Manufacture, possession, delivery, and sale | 9 |
| of assault weapons and .50 caliber rifles. | 10 |
| (a) Definitions. In this Section: | 11 |
| (1) "Assault weapon" means: | 12 |
| (A) any of the firearms or types, replicas, or | 13 |
| duplicates in any caliber of the firearms, known as: | 14 |
| (i) Norinco, Mitchell, and Poly Technologies | 15 |
| Avtomat Kalashnikovs (all models); | 16 |
| (ii) Action Arms Israeli Military Industries | 17 |
| UZI and Galil; | 18 |
| (iii) Beretta AR-70 (SC-70); | 19 |
| (iv) Colt AR-15; | 20 |
| (v) Fabrique Nationale FN/FAL, FN/LAR, and | 21 |
| FNC; | 22 |
| (vi) SWD M-10, M-11, M-11/9, and M-12; | 23 |
| (vii) Steyr AUG; |
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| (viii) INTRATEC TEC-9, TEC-DC9, and TEC-22; | 2 |
| and | 3 |
| (ix) any shotgun which contains its ammunition | 4 |
| in a revolving cylinder, such as (but not limited | 5 |
| to) the Street Sweeper and Striker 12; | 6 |
| (B) a semi-automatic rifle that has an ability to | 7 |
| accept a detachable magazine and has any of the | 8 |
| following: | 9 |
| (i) a folding or telescoping stock; | 10 |
| (ii) a pistol grip or thumbhole stock; | 11 |
| (iii) a shroud that is attached to, or | 12 |
| partially or completely encircles the barrel, and | 13 |
| that permits the shooter to hold the firearm with | 14 |
| the non-trigger hand without being burned; or | 15 |
| (iv) a fixed magazine that has the capacity to | 16 |
| accept more than 10 rounds of ammunition; | 17 |
| (C) a semi-automatic pistol that has an ability to | 18 |
| accept a detachable magazine and has any of the | 19 |
| following: | 20 |
| (i) a folding, telescoping, or thumbhole | 21 |
| stock; | 22 |
| (ii) a shroud that is attached to, or partially | 23 |
| or completely encircles the barrel, and that | 24 |
| permits the shooter to hold the firearm with the | 25 |
| non-trigger hand without being burned; | 26 |
| (iii) an ammunition magazine that attaches to |
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| the pistol outside of the pistol grip; | 2 |
| (iv) a fixed magazine that has the capacity to | 3 |
| accept more than 10 rounds of ammunition; | 4 |
| (v) a manufactured weight of 50 ounces or more | 5 |
| when the pistol is unloaded; or | 6 |
| (vi) a semi-automatic version of an automatic | 7 |
| firearm; | 8 |
| (D) a semi-automatic shotgun that has any of the | 9 |
| following: | 10 |
| (i) a folding or telescoping stock; | 11 |
| (ii) a pistol grip or thumbhole stock; | 12 |
| (iii) a fixed magazine capacity in excess of 5 | 13 |
| rounds; or | 14 |
| (iv) an ability to accept a detachable | 15 |
| magazine. | 16 |
| "Assault weapon" does not include: | 17 |
| (A) any firearm that: | 18 |
| (i) is manually operated by bolt, pump, lever, | 19 |
| or slide action; | 20 |
| (ii) is an "unserviceable firearm" or has been | 21 |
| made permanently inoperable; or | 22 |
| (iii) is an antique firearm; | 23 |
| (B) any air rifle as defined in Section 1 of the | 24 |
| Air Rifle Act. | 25 |
| (2) ".50 caliber rifle" means a centerfire rifle | 26 |
| capable of firing a .50 caliber cartridge. The term does |
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| not include any antique firearm as defined in 18 U.S.C. | 2 |
| Section 921 (a)(16), any shotgun including a shotgun that | 3 |
| has a rifle barrel, or a muzzle-loader used for "black | 4 |
| powder" hunting or battle re-enactments. | 5 |
| (3) "Antique firearm" has the meaning ascribed to it in | 6 |
| 18 U.S.C. Section 921 (a)(16). | 7 |
| (4) "Weapon attachment" means any device capable of | 8 |
| being attached to a firearm that is specifically designed | 9 |
| for making or converting a firearm into any of the firearms | 10 |
| listed in paragraph (1) of subsection (a) of this Section. | 11 |
| (b) Except as provided in subsections (c) and (d), 90 days | 12 |
| after the effective date of this amendatory Act of the 96th | 13 |
| General Assembly, it is unlawful for any person within the | 14 |
| following zip codes: 60637, 60636, 60629, 60621, 60619, and | 15 |
| 60609 to knowingly manufacture, deliver, sell, purchase, or | 16 |
| possess or cause to be manufactured, delivered, sold, | 17 |
| purchased, or possessed, any assault weapon or .50 caliber | 18 |
| rifle. | 19 |
| (c) Subsection (b) does not apply to a person who possessed | 20 |
| a weapon prohibited by subsection (b) before the effective date | 21 |
| of this amendatory Act of the 96th General Assembly, provided | 22 |
| that the person has provided proof of ownership to the | 23 |
| Department of State Police within 90 days after the effective | 24 |
| date of this amendatory Act of the 96th General Assembly as | 25 |
| required by law. On or after the effective date of this | 26 |
| amendatory Act of the 96th General Assembly, such person may |
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| transfer such weapon only to an heir, an individual residing in | 2 |
| another state maintaining that weapon in another state, or a | 3 |
| dealer licensed as a federal firearms dealer under Section 923 | 4 |
| of the Federal Gun Control Act of 1968. | 5 |
| (d) Subsection (b) does not apply to or affect any of the | 6 |
| following: | 7 |
| (1) Peace officers as defined in Section 2-13 of this | 8 |
| Code; and | 9 |
| (2) Retired peace officers not otherwise prohibited | 10 |
| from receiving a firearm so long as the assault weapon or | 11 |
| .50 caliber rifle were transferred to the retired peace | 12 |
| officer by his or her law enforcement agency upon | 13 |
| retirement. | 14 |
| (3) Wardens, superintendents, and keepers of prisons, | 15 |
| penitentiaries, jails, and other institutions for the | 16 |
| detention of persons accused or convicted of an offense. | 17 |
| (4) Members of the Armed Services and Reserve Forces of | 18 |
| the United States or the Illinois National Guard Society | 19 |
| solely in the performance of their official duties or while | 20 |
| traveling to or from their place of duty. | 21 |
| (5) Manufacture, transportation, or sale of an assault | 22 |
| weapon or .50 caliber rifle to persons authorized under | 23 |
| subdivisions (1) through (4) of this subsection to possess | 24 |
| those items. | 25 |
| (6) Possession of any firearm if that firearm is | 26 |
| sanctioned by the International Olympic Committee and by |
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| USA Shooting, the national governing body for | 2 |
| international shooting competition in the United States, | 3 |
| but only when the firearm is in the actual possession of an | 4 |
| Olympic target shooting competitor or target shooting | 5 |
| coach for the purpose of storage, transporting to and from | 6 |
| Olympic target shooting practice or events so long as the | 7 |
| firearm is broken down in a non-functioning state, is not | 8 |
| immediately accessible, or is unloaded and enclosed in a | 9 |
| case, firearm carrying box, shipping box, or other | 10 |
| container, and when the Olympic target shooting competitor | 11 |
| or target shooting coach is engaging in those practices or | 12 |
| events. | 13 |
| (7) Possession of an assault weapon or a .50 caliber | 14 |
| rifle only for a hunting use expressly permitted under the | 15 |
| Wildlife Code, or while traveling to or from a location | 16 |
| authorized for such hunting use under the Wildlife Code if | 17 |
| the items are broken down in a non-functioning state, or | 18 |
| are not immediately accessible, or are unloaded and | 19 |
| enclosed in a case, firearm carrying box, shipping box, or | 20 |
| other container. | 21 |
| (8) Manufacture, transportation, possession, sale, or | 22 |
| rental of blank-firing assault weapons or .50 caliber | 23 |
| rifles or the respective weapon attachment to persons | 24 |
| authorized or permitted, or both authorized and permitted | 25 |
| to acquire and possess such weapons for the purposes of | 26 |
| rental for use solely as props for a motion picture, |
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| television, or video production or entertainment event. | 2 |
| (e) Sentence. A person who knowingly manufactures, | 3 |
| delivers, sells, purchases, or possesses or causes to be | 4 |
| manufactured, delivered, sold, purchased, or possessed any | 5 |
| assault weapon in violation of this Section commits a Class 2 | 6 |
| felony for a first violation; and, a Class 1 felony for a | 7 |
| second or subsequent violation, or for the possession or | 8 |
| delivery, in close proximity, of 2 or more of these weapons at | 9 |
| the same time. | 10 |
| Section 97. Severability. The provisions of this Act are | 11 |
| severable under Section 1.31 of the Statute on Statutes.
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