92nd General Assembly
Summary of HB0403
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House Sponsors:
JONES,JOHN AND REITZ.

Short description: 
FIREARMS-RIFLES-PREEMPT LOCAL                                              

Synopsis of Bill as introduced:
        Amends the Firearm Owners Identification Card Act.  Provides that      
   the  regulation  of  the  acquisition,   possession,   transportation,      
   storage,  purchase,  selling,  and  dealing in rifles and shotguns and      
   their ammunition, components, accessories,  and  accoutrements  is  an      
   exclusive  State  power and function and may not be exercised by units      
   of  local  government,  including  home   rule   units.      Effective      
   immediately.                                                                
        HOUSE AMENDMENT NO. 1.                                                 
          Deletes reference to:                                                
          430 ILCS 65/13.1                                                     
          Adds reference to:                                                   
          720 ILCS 5/24-3.1               from Ch. 38, par. 24-3.1             
        Deletes  everything  after  the  enacting  clause.   Amends   the      
   Criminal  Code of 1961.  Provides that the provisions of any ordinance      
   or resolution of a unit of local government  that impose  restrictions      
   or   limitations   on  the  acquisition,  possession,  transportation,      
   storage, purchase, sale, or other dealing in rifles and shotguns,  and      
   ammunition,  components,  accessories, and accoutrements of rifles and      
   shotguns other than  those  imposed  by  the  statute  concerning  the      
   unlawful  possession  of  firearms  and  firearm  ammunition are void.      
   Preempts home rule.  Effective immediately.                                 
          HOME RULE NOTE, H-AM 1                                               
          (Dept. of Commerce and Community Affairs)                            
          In the opinion of DCCA, HB 403 (H-am 1) pre-empts home rule          
          authority.                                                           
        HOUSE AMENDMENT NO. 3.                                                 
        Provides that a unit of local government, including a  home  rule      
   unit,  may  not  regulate the acquisition, possession, transportation,      
   storage, purchase, sale, or other dealing in rifles and shotguns,  and      
   ammunition,  components,  accessories, and accoutrements of rifles and      
   shotguns in a manner inconsistent with  state  law  (rather  than  the      
   State law being the exclusive regulation of these issues).                  
        HOUSE AMENDMENT NO. 4.                                                 
        In the new Firearms Retail Sale Licensing Act, in the  definition      
   of "multiple handgun sale" provides that the dealer must not have been      
   licensed under the Act.                                                     
        HOUSE AMENDMENT NO. 5.                                                 
          Adds reference to:                                                   
          New Act                                                              
        Deletes everything after  the  enacting  clause.   Reinserts  the      
   provisions  of  the bill as amended by House Amendments Nos. 1, 3, and      
   4. Also creates the Firearms Retail Sale Licensing Act.  Provides  for      
   the  licensing  by the Department of State Police of firearms dealers.      
   Establishes qualifications for obtaining a  firearms  dealer  license.      
   Provides that a  person required to be licensed under this Act may not      
   knowingly  sell or otherwise transfer, or expose for sale or transfer,      
   or have in his or her possession with intent to sell or  transfer  any      
   firearm  without  being  licensed  under  the  Act.  Provides that the      
   prohibition does not apply to a person  who  makes  occasional  sales,      
   exchanges,  or purchases of firearms for the enhancement of a personal      
   collection or as a hobby, who sells all or part of his or her personal      
   collection of firearms, or who is not required to  be  licensed  under      
   the Act or the federal Gun Control Act of 1968. Effective immediately,      
   except  that  the Firearms Retail Sale Licensing Act takes effect July      
   1, 2002.                                                                    
 
Last action on Bill: THIRD READING/SHORT DEBATE/LOST          067-039-008

   Last action date: APR-06-2001

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   4     SENATE -   0


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