State of Illinois
92nd General Assembly
Legislation

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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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