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92_HB3690 LRB9211016RCsb 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 24-1.7 as follows: 6 (720 ILCS 5/24-1.7 new) 7 Sec. 24-1.7. Manufacture, possession, and delivery of 8 semiautomatic assault weapons, large capacity ammunition 9 feeding devices, and assault weapon attachments. 10 (a) The General Assembly finds that the high rate of 11 fire and capacity for firepower of semiautomatic assault 12 weapons, assault weapon attachments, and large capacity 13 ammunition feeding devices pose a significant threat to the 14 health, safety, and welfare of the citizens of this State, 15 that the use of these weapons, devices, or attachments for 16 sport or recreation is substantially outweighed by the danger 17 these weapons or devices present to human life, and that 18 restrictions should therefore be placed on the manufacture, 19 delivery, and possession of these weapons, devices, and 20 attachments. 21 (b) Definitions. In this Section: 22 (1) "Semi-automatic assault weapon" means: 23 (A) any of the firearms or types, replicas, or 24 duplicates in any caliber of the firearms, known as: 25 (i) Norinco, Mitchell, and Poly 26 Technologies Avtomat Kalashnikovs (all models); 27 (ii) Action Arms Israeli Military 28 Industries UZI and Galil; 29 (iii) Beretta AR-70 (SC-70); 30 (iv) Colt AR-15; 31 (v) Fabrique Nationale FN/FAL, FN/LAR, -2- LRB9211016RCsb 1 and FNC; 2 (vi) SWD M-10, M-11, M-11/9, and M-12; 3 (vii) Steyr AUG; 4 (viii) INTRATEC TEC-9, TEC-DC9 and 5 TEC-22; 6 (ix) any shotgun which contains its 7 ammunition in a revolving cylinder, such as 8 (but not limited to) the Street Sweeper and 9 Striker 12; or 10 (x) any firearm having a caliber of 50 or 11 greater; or 12 (B) a semiautomatic rifle that has an ability 13 to accept a detachable magazine and has any of the 14 following: 15 (i) a folding or telescoping stock; 16 (ii) a pistol grip that protrudes 17 conspicuously beneath the action of the weapon; 18 (iii) a bayonet mount; 19 (iv) a flash suppressor or barrel having 20 a threaded muzzle; or 21 (v) a grenade launcher; or 22 (C) a semi-automatic pistol that has an 23 ability to accept a detachable magazine and has any 24 of the following: 25 (i) an ammunition magazine that attaches 26 to the pistol outside of the pistol grip; 27 (ii) a barrel having a threaded muzzle; 28 (iii) a shroud that is attached to, or 29 partially or completely encircles the barrel, 30 and that permits the shooter to hold the 31 firearm with the non-trigger hand without being 32 burned; 33 (iv) a manufactured weight of 50 ounces 34 or more when the pistol is unloaded; or -3- LRB9211016RCsb 1 (v) a semiautomatic version of an 2 automatic firearm; or 3 (D) a semiautomatic shotgun that has any of 4 the following: 5 (i) a folding or telescoping stock; 6 (ii) a pistol grip that protrudes 7 conspicuously beneath the action of the weapon; 8 (iii) a fixed magazine capacity in excess 9 of 5 rounds; or 10 (iv) an ability to accept a detachable 11 magazine. 12 "Semiautomatic assault weapon" does not include: 13 (A) any firearm that: 14 (i) is manually operated by bolt, pump, 15 lever or slide action; 16 (ii) is an "unserviceable firearm" or has 17 been made permanently inoperable; or 18 (iii) is an antique firearm; or 19 (B) any semiautomatic rifle that cannot accept 20 a detachable magazine that holds more than 5 rounds 21 of ammunition; or 22 (C) any semiautomatic shotgun that cannot hold 23 more than 5 rounds of ammunition in a fixed or 24 detachable magazine. 25 (2)(A) "Large capacity ammunition feeding device" 26 means: 27 (i) a magazine, belt, drum, feed strip, 28 or similar device that has a capacity of, or 29 that can be readily restored or converted to 30 accept, more than 10 rounds of ammunition; or 31 (ii) any combination of parts from which 32 a device described in subparagraph (i) can be 33 assembled. 34 (B) "Large capacity ammunition feeding device" -4- LRB9211016RCsb 1 does not include an attached tubular device designed 2 to accept, and capable of operating only with, .22 3 caliber rimfire ammunition or any device that has 4 been made permanently inoperable. 5 (3) "Assault weapon attachment" means any device 6 capable of being attached to a firearm that is 7 specifically designed for making or converting a firearm 8 into any of the firearms listed in paragraph (1) of 9 subsection (b) of this Section. 10 (4) "Antique firearm" means: 11 (A) any firearm, including any firearm with a 12 6 matchlock, flintlock, percussion cap or similar 13 type of ignition system, manufactured in or before 14 1898, or 15 (B) any replica of any firearm described in 16 subparagraph (A) if the replica: 17 (i) is not designed or redesigned for 18 using rimfire or conventional centerfire fixed 19 ammunition; or 20 (ii) uses rimfire or conventional 21 centerfire ammunition that is no longer 22 manufactured in the United States and that is 23 not readily available in the ordinary channels 24 of commercial trade; or 25 (C) any firearm (other than a machine gun), 26 which, although designed as a weapon, the Department 27 of State Police finds by reason of the date of its 28 manufacture, value, design, and other 29 characteristics is primarily a collector's item and 30 is not likely to be used as a weapon. 31 (c) Except as provided in subsections (e) and (f), 32 beginning 90 days after the effective date of this amendatory 33 Act of the 92nd General Assembly, it is unlawful for any 34 person within this State, to knowingly manufacture, deliver, -5- LRB9211016RCsb 1 or possess or cause to be manufactured, delivered, or 2 possessed, a semiautomatic assault weapon, a large capacity 3 ammunition feeding device, or an assault weapon attachment. 4 (d) Except as provided otherwise in subsection (e), any 5 person who knowingly possesses a semiautomatic assault 6 weapon, large capacity ammunition feeding device, or assault 7 weapon attachment must, within 90 days after the effective 8 date of this amendatory Act of the 92nd General Assembly, 9 destroy the weapon or device, render it permanently 10 inoperable, relinquish it to a law enforcement agency, or 11 remove it from this State. 12 (e) Any person who lawfully possessed a semiautomatic 13 assault weapon, large capacity ammunition feeding device, or 14 assault weapon attachment may, within 90 days after the 15 effective date of this amendatory Act of the 92nd General 16 Assembly, register the weapon or device with the Department 17 of State Police pursuant to rules promulgated by that 18 Department. The registration shall contain a description of 19 the weapon or device that identifies it uniquely, including 20 all identification marks, the full name, address, date of 21 birth, and thumbprint of the owner, and any other information 22 that the Department may deem appropriate. The Department may 23 charge a fee for registration not to exceed the actual 24 processing costs of the Department. A weapon or device 25 properly registered under this Section may be possessed by 26 the person who registered the weapon or device, or by any 27 person who receives ownership of the weapon or device 28 pursuant to an order of a court in a probate proceeding and 29 who registers the weapon or device with the Department within 30 30 days after the court order becomes effective. No 31 registered weapon or device may be possessed by any other 32 person or delivered or transferred to any person within this 33 State in any manner other than pursuant to court order in a 34 probate proceeding. Nothing in this Section authorizes the -6- LRB9211016RCsb 1 possession, delivery, or transfer of a weapon or device in 2 violation of any other law or in violation of any ordinance. 3 (f) A person has an affirmative defense to an alleged 4 violation of subsection (c) of this Section if (i) he or she 5 otherwise lawfully possessed or delivered the semiautomatic 6 assault weapon, large capacity ammunition feeding device, or 7 assault weapon attachment while in the performance of his or 8 her official duties as a peace officer, correctional 9 institution employee or official, or member of the Armed 10 Services or Reserve Forces of the United States, or of the 11 Illinois National Guard, or (ii) he or she is engaged in the 12 manufacture of such weapon or device exclusively for such use 13 pursuant to a contract or subcontract with a governmental 14 body. 15 (g) Sentence. 16 (1) A person who manufactures, possesses, or 17 delivers a semiautomatic assault weapon in violation of 18 this Section commits a Class 3 felony for a first 19 violation and a Class 2 felony for a second or subsequent 20 violation or for the possession or delivery of 2 or more 21 of these weapons at the same time. 22 (2) A person who possesses or delivers in violation 23 of this Section a large capacity ammunition feeding 24 device capable of holding more than 17 rounds of 25 ammunition commits a Class 3 felony for a first violation 26 and a Class 2 felony for a second or subsequent violation 27 or for possession or delivery of 2 or more of these 28 devices at the same time. 29 (3) A person who possesses or delivers in violation 30 of this Section a large capacity ammunition feeding 31 device capable of holding more than 10 rounds but not 32 more than 17 rounds of ammunition commits a Class 4 33 felony for a first violation and a Class 3 felony for a 34 second or subsequent violation or for possession or -7- LRB9211016RCsb 1 delivery of more than one of these devices at the same 2 time. 3 (4) A person who possesses or delivers in violation 4 of this Section an assault weapon attachment commits a 5 Class 4 felony for a first violation and a Class 3 felony 6 for a second or subsequent violation.
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