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92_HB2359 LRB9205955RCcd 1 AN ACT in relation to criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Criminal Code of 1961 is amended by 5 adding Section 24-3.6 as follows: 6 (720 ILCS 5/24-3.6 new) 7 Sec. 24-3.6. Certain sniper weapons. 8 (a) In this Section, "50 caliber sniper weapon" means a 9 rifle capable of firing a center-fire cartridge in 50 10 caliber, .50 BMG caliber, any other variant of 50 caliber, or 11 any metric equivalent of that caliber. 12 (b) It is unlawful for a person, within this State, to 13 distribute, transport, or import into this State or possess 14 with intent to sell or to offer for sale or to give a 50 15 caliber sniper weapon. 16 (c) It is unlawful for a person to transfer, sell, or 17 give any 50 caliber sniper weapon to a person under 18 years 18 of age. 19 (d) It is unlawful to possess a 50 caliber sniper 20 weapon. 21 (e) This Section does not apply to or affect any of the 22 following: 23 (1) Peace officers while in performance of their 24 official duties. 25 (2) Wardens, superintendents, and keepers of 26 prisons, penitentiaries, jails, and other institutions 27 for the detention of persons accused or convicted of an 28 offense. 29 (3) Members of the of the Armed Services or Reserve 30 Forces of the United States or the Illinois National 31 Guard, while in the performance of their official duty. -2- LRB9205955RCcd 1 (4) The transfer or passing of a 50 caliber sniper 2 weapon upon the death of the owner to his or her heir or 3 legatee until 60 days after the transfer or passing. 4 (5) The possession of a 50 caliber sniper weapon by 5 an executor or administrator of an estate during the 6 administration of an estate until transferred in 7 accordance with the Probate Act of 1975 to a person 8 authorized under this Section to possess that weapon. 9 (6) Manufacture, transportation, or sale of 50 10 caliber sniper weapons to persons authorized under 11 paragraphs (1) through (3) of this subsection (e) to 12 possess 50 caliber sniper weapons, if the 50 caliber 13 sniper weapons are broken down in a non-functioning state 14 or are not immediately accessible. 15 (f) Sentence. 16 (1) A person convicted of a violation of this 17 Section commits a Class 2 felony. 18 (2) A person who violates this Section by 19 possessing a 50 caliber sniper weapon in the passenger 20 compartment of a motor vehicle as defined in Section 21 1-146 of the Illinois Vehicle Code, or on his or her 22 person while the weapon is loaded, is guilty of a Class X 23 felony. 24 (3) A person who violates this Section in any 25 school, regardless of the time of day or the time of 26 year, in residential property owned, operated or managed 27 by a public housing agency or leased by a public housing 28 agency as part of a scattered site or mixed-income 29 development, in a public park, in a courthouse, on the 30 real property comprising any school, regardless of the 31 time of day or the time of year, on residential property 32 owned, operated or managed by a public housing agency or 33 leased by a public housing agency as part of a scattered 34 site or mixed-income development, on the real property -3- LRB9205955RCcd 1 comprising any public park, on the real property 2 comprising any courthouse, in any conveyance owned, 3 leased or contracted by a school to transport students to 4 or from school or a school related activity, or on any 5 public way within 1,000 feet of the real property 6 comprising any school, public park, courthouse, or 7 residential property owned, operated, or managed by a 8 public housing agency or leased by a public housing 9 agency as part of a scattered site or mixed-income 10 development commits a Class 2 felony. 11 (4) A person who violates subsection (c) is guilty 12 of a Class 1 felony. 13 (5) A person who violates this Section by 14 possessing a 50 caliber sniper weapon that he or she 15 acquired before the effective date of this amendatory Act 16 of the 92nd General Assembly and does not use that weapon 17 in the commission of an offense nor possess that weapon 18 in a place described in paragraph (2) or (3) is guilty 19 of a Class A misdemeanor. 20 Section 99. Effective date. This Act takes effect upon 21 becoming law.
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