Full Text of HB4338 100th General Assembly
HB4338 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB4338 Introduced , by Rep. Kathleen Willis SYNOPSIS AS INTRODUCED: |
| 230 ILCS 15/1 | from Ch. 85, par. 2301 | 230 ILCS 15/4 | from Ch. 85, par. 2304 |
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Amends the Raffles and Poker Runs Act. Provides that no raffle, including, but not limited to, a raffle conducted by a law enforcement agency, statewide association the represents law enforcement officials, or government entity, may have an assault weapon as a prize. Defines terms.
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| | A BILL FOR |
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| 1 | | AN ACT concerning gaming.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Raffles and Poker Runs Act is amended by | 5 | | changing Sections 1 and 4 as follows:
| 6 | | (230 ILCS 15/1) (from Ch. 85, par. 2301)
| 7 | | Sec. 1. Definitions. For the purposes of this Act the terms | 8 | | defined
in this Section have the meanings given them.
| 9 | | "Antique firearm" means: | 10 | | (1) a firearm, including a firearm with a matchlock, | 11 | | flintlock, percussion cap, or similar type of ignition | 12 | | system, manufactured in or before 1898; or | 13 | | (2) a replica of a firearm described in paragraph (1) | 14 | | of this definition if such replica is not designed or | 15 | | redesigned for using rimfire or conventional centerfire | 16 | | fixed ammunition, or uses rimfire or conventional | 17 | | centerfire fixed ammunition which is no longer | 18 | | manufactured in the United States and which is not readily | 19 | | available in the ordinary channels of commercial trade. | 20 | | "Assault weapon" means: | 21 | | (1) a semi-automatic rifle that has the capacity to | 22 | | accept a large-capacity magazine, detachable or otherwise, | 23 | | and one or more of the following: |
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| 1 | | (A) only a pistol grip without a stock attached; | 2 | | (B) a feature capable of functioning as a | 3 | | protruding grip that can be held by the non-trigger | 4 | | hand; | 5 | | (C) a folding, telescoping, or thumbhole stock; | 6 | | (D) a shroud attached to the barrel, or that | 7 | | partially or completely encircles the barrel, allowing | 8 | | the bearer to hold the firearm with the non-trigger | 9 | | hand without being burned, but excluding a slide that | 10 | | encloses the barrel; or | 11 | | (E) a muzzle brake or muzzle compensator; | 12 | | (2) a semi-automatic pistol or a semi-automatic rifle | 13 | | that has a fixed magazine, that has the capacity to accept | 14 | | more than 10 rounds of ammunition; | 15 | | (3) a semi-automatic pistol that has the capacity to | 16 | | accept a detachable magazine and has one or more of the | 17 | | following: | 18 | | (A) a feature capable of functioning as a | 19 | | protruding grip that can be held by the non-trigger | 20 | | hand; | 21 | | (B) a folding, telescoping, or thumbhole stock; | 22 | | (C) a shroud attached to the barrel, or that | 23 | | partially or completely encircles the barrel, allowing | 24 | | the bearer to hold the firearm with the non-trigger | 25 | | hand without being burned, but excluding a slide that | 26 | | encloses the barrel; |
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| 1 | | (D) a muzzle brake or muzzle compensator; or | 2 | | (E) the capacity to accept a detachable magazine at | 3 | | some location outside of the pistol grip; | 4 | | (4) a semi-automatic shotgun that has one or more of | 5 | | the following: | 6 | | (A) only a pistol grip without a stock attached; | 7 | | (B) a feature capable of functioning as a | 8 | | protruding grip that can be held by the non-trigger | 9 | | hand; | 10 | | (C) a folding, telescoping, or thumbhole stock; | 11 | | (D) a fixed magazine capacity in excess of 5 | 12 | | rounds; | 13 | | (E) an ability to accept a detachable magazine; or | 14 | | (F) a grenade, flare, or rocket launcher; | 15 | | (5) a shotgun with a revolving cylinder; | 16 | | (6) a conversion kit, part, or combination of parts, | 17 | | from which an assault weapon can be assembled if those | 18 | | parts are in the possession or under the control of the | 19 | | same person; or | 20 | | (7) the assault weapon models identified as follows: | 21 | | (A) the following rifles or copies or duplicates | 22 | | thereof: | 23 | | (i) AK, AKM, AKS, AK-47, AK-74, ARM, MAK90, | 24 | | Misr, NHM 90, NHM 91, SA 85, SA 93, VEPR, Rock | 25 | | River Arms LAR-47, Vector Arms AK-47, VEPR, | 26 | | WASR-10, WUM, MAADI, Norinco 56S, 56S2, 84S, and |
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| 1 | | 86S; | 2 | | (ii) AR-10; | 3 | | (iii) AR-15, Bushmaster XM15, Bushmaster | 4 | | Carbon 15, Bushmaster ACR, Bushmaster MOE series, | 5 | | Armalite M15, Armalite M15-T, and Olympic Arms | 6 | | PCR; | 7 | | (iv) AR70; | 8 | | (v) Calico Liberty; | 9 | | (vi) Dragunov SVD Sniper Rifle or Dragunov | 10 | | SVU; | 11 | | (vii) Fabrique National FN/FAL, FN/LAR, or | 12 | | FNC; | 13 | | (viii) Hi-Point Carbine; | 14 | | (ix) HK-91, HK-93, HK-94, HK-USC, and | 15 | | HK-PSG-1; | 16 | | (x) Kel-Tec Sub Rifle, Kel-Tec Sub-2000, | 17 | | SU-16, and RFB; | 18 | | (xi) Saiga; | 19 | | (xii) SAR-8, SAR-4800; | 20 | | (xiii) KS with detachable magazine; | 21 | | (xiv) SLG 95; | 22 | | (xv) SLR 95 or 96; | 23 | | (xvi) Steyr AUG; | 24 | | (xvii) Sturm, Ruger Mini-14, and Sturm, Ruger & | 25 | | Co. SR556; | 26 | | (xviii) Tavor; |
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| 1 | | (xix) all Thompson rifles, including Thompson | 2 | | 1927, Thompson M1, Thompson M1SB, Thompson T1100D, | 3 | | Thompson T150D, Thompson T1B, Thompson T1B100D, | 4 | | Thompson T1B50D, Thompson T1BSB, Thompson T1-C, | 5 | | Thompson T1D, Thompson T1SB, Thompson T5, Thompson | 6 | | T5100D, Thompson TM1, Thompson TM1C, and Thompson | 7 | | 1927 Commando; | 8 | | (xx) Uzi, Galil and Uzi Sporter, Galil | 9 | | Sporter, or Galil Sniper Rifle (Galatz); | 10 | | (xxi) Barret REC7, Barrett M82A1, Barrett | 11 | | M107A1; | 12 | | (xxii) Colt Match Target Rifles; | 13 | | (xxiii) Double Star AR Rifles; | 14 | | (xxiv) DPMS Tactical Rifles; | 15 | | (xxv) Heckler & Koch MR556; | 16 | | (xxvi) Remington R-15 Rifles; | 17 | | (xxvii) Rock River Arms LAR-15; | 18 | | (xxviii) Sig Sauer SIG516 Rifles, SIG AMT, SIG | 19 | | PE 57, Sig Saucer SG 550, and Sig Saucer SG 551; | 20 | | (xxix) Smith & Wesson M&P15; | 21 | | (xxx) Stag Arms AR; | 22 | | (xxxi) Baretta CX4 Storm; | 23 | | (xxxii) CETME Sporter; | 24 | | (xxxiii) Daewoo K-1, K-2, Max 1, Max 2, AR 100, | 25 | | and AR 110C; | 26 | | (xxxiv) Fabrique Nationale/FN Herstal FAL, |
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| 1 | | LAR, 22 FNC, 308 Match, L1A1 Sporter, PS90, SCAR, | 2 | | and FS2000; | 3 | | (xxxv) Feather Industries AT-9; | 4 | | (xxxvi) Galil Model AR and Model ARM; | 5 | | (xxxvii) Springfield Armory SAR-48; | 6 | | (xxxviii) Steyr AUG; | 7 | | (xxxix) UMAREX UZI Rifle; | 8 | | (xl) UZI Mini Carbine, UZI Model A Carbine, and | 9 | | UZI Model B Carbine; | 10 | | (xli) Valmet M62S. M71S, and M78; | 11 | | (xlii) Vector Arms UZI Type; | 12 | | (xliii) Weaver Arms Nighthawk; and | 13 | | (xliv) Wilkinson Arms Linda Carbine; | 14 | | (B) the following handguns, pistols, or copies or | 15 | | duplicates thereof: | 16 | | (i) all AK-47 types, including Centurion 39 AK | 17 | | handgun, Draco AK-47 handgun, HCR AK-47 handgun, | 18 | | 10 Inc. Hellpup, AK-47 handgun, Krinkov handgun, | 19 | | Mini Draco AK-47 handgun, and Yugo Krebs Krink | 20 | | handgun; | 21 | | (ii) all AR-15 types, including American | 22 | | Spirit AR-15 handgun, Bushmaster Carbon 15 | 23 | | handgun, DoubleStar Corporation AR handgun, DPMS | 24 | | AR-15 handgun, Olympic Arms AR-15 handgun, and | 25 | | Rock River Arms LAR 15 handgun; | 26 | | (iii) Calico Liberty handguns; |
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| 1 | | (iv) DSA SA58 PKP FAL handgun; | 2 | | (v) Encom MP-9 and MP-45; | 3 | | (vi) Heckler & Koch model SP-89 handgun; | 4 | | (vii) Intratec AB-10, TEC-22 Scorpion, TEC-9, | 5 | | and TEC-DC9; | 6 | | (viii) Kel-Tec PLR 16 handgun; | 7 | | (ix) MAC-IO, MAC-11, Masterpiece Arms MPA A930 | 8 | | Mini Pistol, MPA460 Pistol, MPA Tactical Pistol, | 9 | | MPA 3, and MPA Mini Tactical Pistol; | 10 | | (x) Military Armament Corp. Ingram M-11 and | 11 | | Velocity Arms VMAC; | 12 | | (xi) Sig Sauer P556 handgun; | 13 | | (xii) Sites Spectre; | 14 | | (xiii) all Thompson types, including the | 15 | | Thompson TA510D and Thompson TA5; | 16 | | (xiv) Olympic Arms OA; | 17 | | (xv) TEC-9, TEC-DC9, TEC-22 Scorpion, or | 18 | | AB-10; and | 19 | | (xvi) all UZI types, including Micro-UZI; | 20 | | (C) the following shotguns or copies or duplicates | 21 | | thereof: | 22 | | (i) Armscor 30 BG; | 23 | | (ii) SPAS 12 or LAW 12; | 24 | | (iii) Striker 12; | 25 | | (iv) Streetsweeper; and | 26 | | (v) all IZHMASH Saiga 12 types, including the |
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| 1 | | IZHMASH Saiga 12, IZHMASH Saiga 12S, IZHMASH Saiga | 2 | | 12S EXP-01, IZHMASH Saiga 12K, IZHMASH Saiga | 3 | | 12K-030, and IZHMASH Saiga 12K-040 Taktika; and | 4 | | (D) all belt-fed semi-automatic firearms, | 5 | | including TNWM2HB. | 6 | | "Assault weapon" does not include a firearm that has been | 7 | | made permanently inoperable, an antique firearm, or a weapon | 8 | | designed for Olympic target shooting events. | 9 | | "Belt-fed semi-automatic firearm" means a repeating | 10 | | firearm that: (i) utilizes a portion of the energy of a firing | 11 | | cartridge to extract the fired cartridge case and chamber the | 12 | | next round; (ii) requires a separate pull of the trigger to | 13 | | fire each cartridge; and (iii) has the capacity to accept a | 14 | | belt ammunition feeding device. | 15 | | "Detachable magazine" means an ammunition feeding device, | 16 | | the function of which is to deliver one or more ammunition | 17 | | cartridges into the firing chamber, which can be removed from | 18 | | the firearm without the use of any tool, including a bullet or | 19 | | ammunition cartridge. | 20 | | "Grenade, flare, or rocket launcher" means an attachment | 21 | | for use on a firearm that is designed to propel a grenade, | 22 | | flare, rocket, or other similar destructive device. | 23 | | "Net proceeds" means the gross receipts from the conduct of | 24 | | raffles, less
reasonable sums expended for prizes, local | 25 | | license fees and other reasonable
operating expenses incurred | 26 | | as a result of operating a raffle or poker run.
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| 1 | | "Key location" means the location where the poker run | 2 | | concludes and the prize or prizes are awarded. | 3 | | "Large-capacity magazine" means an ammunition feeding | 4 | | device with the capacity to accept more than 10 rounds, but | 5 | | shall not be construed to include the following: | 6 | | (1) A feeding device that has been permanently altered | 7 | | so that it cannot accommodate more than 10 rounds. | 8 | | (2) A 22-caliber tube ammunition feeding device. | 9 | | (3) A tubular magazine that is contained in a | 10 | | lever-action firearm. | 11 | | "Muzzle brake" means a device attached to the muzzle of a | 12 | | weapon that utilizes escaping gas to reduce recoil. | 13 | | "Muzzle compensator" means a device attached to the muzzle | 14 | | of a weapon that utilizes escaping gas to control muzzle | 15 | | movement. | 16 | | "Net proceeds" means the gross receipts from the conduct of | 17 | | raffles, less
reasonable sums expended for prizes, local | 18 | | license fees and other reasonable
operating expenses incurred | 19 | | as a result of operating a raffle or poker run. | 20 | | "Poker run" means a prize-awarding event organized by an | 21 | | organization licensed under this Act in which participants | 22 | | travel to multiple predetermined locations, including a key | 23 | | location, to play a randomized game based on an element of | 24 | | chance. "Poker run" includes dice runs, marble runs, or other | 25 | | events where the objective is to build the best hand or highest | 26 | | score by obtaining an item or playing a randomized game at each |
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| 1 | | location. | 2 | | "Raffle" means a form of lottery, as defined in Section | 3 | | 28-2(b) of the
Criminal Code of 2012, conducted by an | 4 | | organization licensed under this Act, in which:
| 5 | | (1) the player pays or agrees to pay something of value | 6 | | for a chance,
represented and differentiated by a number or | 7 | | by a combination of numbers
or by some other medium, one or | 8 | | more of which chances is to be designated
the winning | 9 | | chance;
| 10 | | (2) the winning chance is to be determined through a | 11 | | drawing or by some
other method based on an element of | 12 | | chance by an act or set of acts on the
part of persons | 13 | | conducting or connected with the lottery, except that the
| 14 | | winning chance shall not be determined by the outcome of a | 15 | | publicly exhibited
sporting contest.
| 16 | | "Raffle" does not include a savings promotion raffle | 17 | | authorized under Section 5g of the Illinois Banking Act, | 18 | | Section 7008 of the Savings Bank Act, Section 42.7 of the | 19 | | Illinois Credit Union Act, Section 5136B of the National Bank | 20 | | Act (12 U.S.C. 25a), or Section 4 of the Home Owners' Loan Act | 21 | | (12 U.S.C. 1463). | 22 | | "Rocket" means a simple or complex tube-like device | 23 | | containing combustibles that on being ignited liberate gases | 24 | | whose action propels the device through the air and has a | 25 | | propellant charge of not more than 4 ounces. | 26 | | (Source: P.A. 98-644, eff. 6-10-14; 99-149, eff. 1-1-16; |
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| 1 | | 99-405, eff. 8-19-15; 99-642, eff. 7-28-16.)
| 2 | | (230 ILCS 15/4) (from Ch. 85, par. 2304)
| 3 | | Sec. 4. Conduct of raffles and poker runs.
| 4 | | (a) The conducting of raffles and poker runs is subject to | 5 | | the following restrictions:
| 6 | | (1) The entire net proceeds of any raffle or poker run | 7 | | must be exclusively devoted
to the lawful purposes of the | 8 | | organization permitted to conduct that game.
| 9 | | (2) No person except a bona fide member of the | 10 | | sponsoring organization
may participate in the management | 11 | | or operation of the raffle or poker run.
| 12 | | (3) No person may receive any remuneration or profit | 13 | | for participating
in the management or operation of the | 14 | | raffle or poker run.
| 15 | | (4) A licensee may rent a premises on which to | 16 | | determine the winning
chance or chances in a raffle only | 17 | | from an organization which is also licensed
under this Act. | 18 | | A premises where a poker run is held is not required to | 19 | | obtain a license if the name and location of the premises | 20 | | is listed as a predetermined location on the license issued | 21 | | for the poker run and the premises does not charge for use | 22 | | of the premises.
| 23 | | (5) Raffle chances may be sold or issued only within | 24 | | the area specified
on the license and winning chances may | 25 | | be determined only at those locations
specified on the |
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| 1 | | license for a raffle.
| 2 | | (6) A person under the age of 18 years may participate | 3 | | in the conducting
of raffles or chances or poker runs only | 4 | | with the permission of a parent or guardian.
A person under | 5 | | the age of 18 years may be within the area where winning | 6 | | chances in a raffle or winning hands or scores in a poker | 7 | | run
are being determined only when accompanied by his | 8 | | parent or guardian.
| 9 | | (7) No raffle, including, but not limited to, a raffle | 10 | | conducted by a law enforcement agency, statewide | 11 | | association that represents law enforcement officials, or | 12 | | government | | | entity, may have an assault weapon as a prize. | 13 | | (b) If a lessor rents premises where a winning chance or | 14 | | chances on a
raffle or a winning hand or score in a poker run is | 15 | | determined, the lessor shall not be criminally liable if the
| 16 | | person who uses the premises for the determining of winning | 17 | | chances does not
hold a license issued by the governing body of | 18 | | any county or municipality
under the provisions of this Act.
| 19 | | (Source: P.A. 98-644, eff. 6-10-14.)
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