98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3659
 
Introduced 5/13/2014, by Sen. Dan Kotowski
 
SYNOPSIS AS INTRODUCED:



430 ILCS 65/3 from Ch. 38, par. 83-3
720 ILCS 5/24-1.9 new
720 ILCS 5/24-1.10 new

 Provides the Act may be known as the Illinois Public Safety Act. Amends the Firearm Owners Identification Card Act to require background checks for the transfer of firearms, except to a family member, by operation of law, or at a gun show. Amends the Criminal Code of 2012. Bans possession, delivery, sale, and purchase of assault weapons, attachments, and .50 caliber rifles and cartridges, except possession of weapons registered in time provided. Provides exemptions. Makes it unlawful for any person to knowingly deliver, sell, or transfer, or cause to be delivered, sold, or transferred, a large capacity ammunition feeding device. Defines "large capacity ammunition feeding device". Establishes penalties. Exempts sales and transfers to an heir, an individual residing in another state, or a licensed federal firearms dealer. Provides other exemptions. Provides that a retired peace officer may possess a large capacity ammunition feeding device, if lawfully acquired and possessed prior to retirement and a registration affidavit is filed.



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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 


SB3659LRB098 21264 MRW 59366 b



1 AN ACT concerning criminal law, which may be known as the 
2Illinois Public Safety Act.


3 Be it enacted by the People of the State of Illinois,

4represented in the General Assembly:



5 Section 5. The Firearm Owners Identification Card Act is 
6amended by changing Section 3 as follows:

7 (430 ILCS 65/3) (from Ch. 38, par. 83-3)
8 Sec. 3. (a) Except as provided in Section 3a, no person may 
9knowingly
transfer, or cause to be transferred, any firearm, 
10firearm ammunition, stun gun, or taser to any person within 
11this State unless the
transferee with whom he deals displays a 
12currently valid Firearm Owner's
Identification Card which has 
13previously been issued in his name by the
Department of State 
14Police under the provisions of this Act. In addition,
all 
15firearm, stun gun, and taser transfers by federally licensed 
16firearm dealers are subject
to Section 3.1.
17 (a-5) Any person who is not a federally licensed firearm 
18dealer and who desires to transfer or sell a firearm while that 
19person is on the grounds of a gun show must, before selling or 
20transferring the firearm, request the Department of State 
21Police to conduct a background check on the prospective 
22recipient of the firearm in accordance with Section 3.1.

23 (a-10) Any person who is not a federally licensed firearm 
 
 
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1dealer and who desires to transfer or sell a firearm or 
2firearms to any person who is not a federally licensed firearm 
3dealer shall, before selling or transferring the firearms, 
4contact the Department of State Police with the transferee's or 
5purchaser's Firearm Owner's Identification Card number to 
6determine the validity of the transferee's or purchaser's 
7Firearm Owner's Identification Card. This subsection shall not 
8be effective until January 1, 2014. The Department of State 
9Police may adopt rules concerning the implementation of this 
10subsection. The Department of State Police shall provide the 
11seller or transferor an approval number if the purchaser's 
12Firearm Owner's Identification Card is valid. Approvals issued 
13by the Department for the purchase of a firearm pursuant to 
14this subsection are valid for 30 days from the date of issue.
15 (a-11) Any person who is not a federally licensed importer, 
16manufacturer, or dealer and who desires to sell or transfer a 
17firearm to another person, who is not a federally licensed 
18importer, manufacturer, or dealer, shall do so only at the 
19place of business of a federally licensed firearm dealer. The 
20federally licensed firearm dealer shall conduct a background 
21check on the prospective recipient of the firearm in accordance 
22with Section 3.1 of this Act and follow all other applicable 
23federal, State, and local laws as if he or she were the seller 
24of the firearm. The purchaser or transferee may be required by 
25the federally licensed firearm dealer to pay a fee not to 
26exceed $10 per firearm, which the dealer may retain as 
 
 
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1compensation for performing the functions required under this 
2subsection, plus the applicable fees authorized by Section 3.1. 
3 The provisions of this subsection (a-11) do not apply to: 
4  (1) transfers to the transferor's husband, wife, son, 
5 daughter, stepson, stepdaughter, father, mother, 
6 stepfather, stepmother, brother, sister, nephew, niece, 
7 uncle, aunt, grandfather, grandmother, grandson, 
8 granddaughter, father-in-law, mother-in-law, son-in-law, 
9 or daughter-in-law; 
10  (2) transfers by persons acting pursuant to operation 
11 of law or a court order; or 
12  (3) transfers on the grounds of a gun show. 
13 (a-15) The provisions of subsection (a-10) of this Section 
14do not apply to:
15  (1) transfers that occur at the place of business of a 
16 federally licensed firearm dealer, if the federally 
17 licensed firearm dealer conducts a background check on the 
18 prospective recipient of the firearm in accordance with 
19 Section 3.1 of this Act and follows all other applicable 
20 federal, State, and local laws as if he or she were the 
21 seller or transferor of the firearm, although the dealer is 
22 not required to accept the firearm into his or her 
23 inventory. The purchaser or transferee may be required by 
24 the federally licensed firearm dealer to pay a fee not to 
25 exceed $10 per firearm, which the dealer may retain as 
26 compensation for performing the functions required under 
 
 
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1 this paragraph, plus the applicable fees authorized by 
2 Section 3.1;
3  (2) transfers as a bona fide gift to the transferor's 
4 husband, wife, son, daughter, stepson, stepdaughter, 
5 father, mother, stepfather, stepmother, brother, sister, 
6 nephew, niece, uncle, aunt, grandfather, grandmother, 
7 grandson, granddaughter, father-in-law, mother-in-law, 
8 son-in-law, or daughter-in-law;
9  (3) transfers by persons acting pursuant to operation 
10 of law or a court order;
11  (4) transfers on the grounds of a gun show under 
12 subsection (a-5) of this Section;
13  (5) the delivery of a firearm by its owner to a 
14 gunsmith for service or repair, the return of the firearm 
15 to its owner by the gunsmith, or the delivery of a firearm 
16 by a gunsmith to a federally licensed firearms dealer for 
17 service or repair and the return of the firearm to the 
18 gunsmith;
19  (6) temporary transfers that occur while in the home of 
20 the unlicensed transferee, if the unlicensed transferee is 
21 not otherwise prohibited from possessing firearms and the 
22 unlicensed transferee reasonably believes that possession 
23 of the firearm is necessary to prevent imminent death or 
24 great bodily harm to the unlicensed transferee;
25  (7) transfers to a law enforcement or corrections 
26 agency or a law enforcement or corrections officer acting 
 
 
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1 within the course and scope of his or her official duties;
2  (8) transfers of firearms that have been rendered 
3 permanently inoperable to a nonprofit historical society, 
4 museum, or institutional collection; and
5  (9) transfers to a person who is exempt from the 
6 requirement of possessing a Firearm Owner's Identification 
7 Card under Section 2 of this Act.
8 (a-20) The Department of State Police shall develop an 
9Internet-based system for individuals to determine the 
10validity of a Firearm Owner's Identification Card prior to the 
11sale or transfer of a firearm. The Department shall have the 
12Internet-based system completed and available for use by July 
131, 2015. The Department shall adopt rules not inconsistent with 
14this Section to implement this system.
15 (b) Any person within this State who transfers or causes to 
16be
transferred any firearm, stun gun, or taser shall keep a 
17record of such transfer for a period
of 10 years from the date 
18of transfer. Such record shall contain the date
of the 
19transfer; the description, serial number or other information

20identifying the firearm, stun gun, or taser if no serial number 
21is available; and, if the
transfer was completed within this 
22State, the transferee's Firearm Owner's
Identification Card 
23number and any approval number or documentation provided by the 
24Department of State Police pursuant to subsection (a-10) of 
25this Section. On or after January 1, 2006, the record shall 
26contain the date of application for transfer of the firearm. On 
 
 
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1demand of a peace officer such transferor
shall produce for 
2inspection such record of transfer. If the transfer or sale 
3took place at a gun show, the record shall include the unique 
4identification number. Failure to record the unique 
5identification number or approval number is a petty offense.

6 (b-5) Any resident may purchase ammunition from a person 
7within or outside of Illinois if shipment is by United States 
8mail or by a private express carrier authorized by federal law 
9to ship ammunition. Any resident purchasing ammunition within 
10or outside the State of Illinois must provide the seller with a 
11copy of his or her valid Firearm Owner's Identification Card 
12and either his or her Illinois driver's license or Illinois 
13State Identification Card prior to the shipment of the 
14ammunition. The ammunition may be shipped only to an address on 
15either of those 2 documents.
16 (c) The provisions of this Section regarding the transfer 
17of firearm
ammunition shall not apply to those persons 
18specified in paragraph (b) of
Section 2 of this Act.
19(Source: P.A. 97-1135, eff. 12-4-12; 98-508, eff. 8-19-13.)

20 Section 10. The Criminal Code of 2012 is amended by adding 
21Sections 24-1.9 and 24-1.10 as follows:

22 (720 ILCS 5/24-1.9 new)
23 Sec. 24-1.9. Possession, delivery, sale, and purchase of 
24assault weapons, .50 caliber rifles, and .50 caliber 
 
 
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1cartridges.
2 (a) Definitions. As used in this Section:
3  (1) "Assault weapon" means: 
4   (A) any rifle which has a belt fed ammunition 
5 system or which has a detachable magazine capable of 
6 holding more than 15 rounds of ammunition;
7   (B) a semi-automatic rifle that has the ability to 
8 accept a detachable magazine and has any of the 
9 following:
10    (i) a folding or telescoping stock; or
11    (ii) a shroud that is attached to, or partially 
12 or completely encircles the barrel, and that 
13 permits the shooter to hold the firearm with the 
14 non-trigger hand without being burned;
15   (C) a semi-automatic pistol that has the ability to 
16 accept a detachable magazine and has any of the 
17 following:
18    (i) a folding or telescoping stock;
19    (ii) a shroud that is attached to, or partially 
20 or completely encircles the barrel, and that 
21 permits the shooter to hold the firearm with the 
22 non-trigger hand without being burned; or
23    (iii) a manufactured weight of 50 ounces or 
24 more when the pistol is unloaded;
25   (D) a semi-automatic rifle with a fixed magazine 
26 that has the capacity to accept more than 15 rounds of 
 
 
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1 ammunition;
2   (E) a semi-automatic shotgun that has:
3    (i) a folding or telescoping stock; and
4    (ii) contains its ammunition in a revolving 
5 cylinder; or 
6    (iii) a fixed magazine capacity in excess of 5 
7 rounds of ammunition, except as may be authorized 
8 under the Wildlife Code and excluding magazine 
9 extensions during the snow geese conservation 
10 order season; or
11    (iv) an ability to accept a detachable 
12 magazine of more than 5 rounds of ammunition.
13   "Assault weapon" does not include:
14   (A) any firearm that:
15    (i) is manually operated by bolt, pump, lever, 
16 or slide action;
17    (ii) is an unserviceable firearm or has been 
18 made permanently inoperable;
19    (iii) is an antique firearm;
20    (iv) uses rimfire ammunition or cartridges;
or 
21    (iv) has been excluded as an assault weapon in 
22 a Department of Natural Resources rule. The 
23 Department of Natural Resources shall have the 
24 authority to adopt rules to further define 
25 exclusions of assault weapon types under this 
26 Section, provided the make, model, and caliber of 
 
 
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1 the firearm excluded has a viable application to 
2 hunting game and conforms to accepted hunting 
3 principles of fair chase; 
4   (B) any air rifle as defined in Section 24.8-0.1 of 
5 this Code.
6 For the purposes of this Section, a firearm is considered 
7to have the ability to accept a detachable magazine unless the 
8magazine or ammunition feeding device can only be removed 
9through disassembly of the firearm action. 
10  (2) "Assault weapon attachment" means any device 
11 capable of being attached to a firearm that is specifically 
12 designed for making or converting a firearm into any of the 
13 firearms listed in paragraph (1) of this subsection (a).
14  (3) "Antique firearm" has the meaning ascribed to it in 
15 18 U.S.C. 921 (a)(16).
16  (4) ".50 caliber rifle" means a centerfire rifle 
17 capable of firing a .50 caliber cartridge. The term does 
18 not include any antique firearm, any shotgun including a 
19 shotgun that has a rifle barrel, or any muzzle-loader which 
20 uses black powder for hunting or historical re-enactments.
21  (5) ".50 caliber cartridge" means a cartridge in .50 
22 BMG caliber, either by designation or actual measurement, 
23 that is capable of being fired from a centerfire rifle. The 
24 term ".50 caliber cartridge" does not include any 
25 memorabilia or display item that is filled with a permanent 
26 inert substance or that is otherwise permanently altered in 
 
 
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1 a manner that prevents ready modification for use as live 
2 ammunition or shotgun ammunition with a caliber 
3 measurement that is equal to or greater than .50 caliber.
4  (6) "Locking mechanism" means secured by a device or 
5 mechanism, other than the firearm safety, designed to 
6 render a firearm temporarily inoperable; or a box or 
7 container capable of containing the firearm and that can be 
8 securely locked. 
9 (b) The Department of State Police shall take all steps 
10necessary to carry out the requirements of this Section within 
11180 days after the effective date of this amendatory Act of the 
1298th General Assembly. 
13 (c) Except as provided in subsections (d), (e), (f), and 
14(h) of this Section, on or after the effective date of this 
15amendatory Act of the 98th General Assembly, it is unlawful for 
16any person within this State to knowingly deliver, sell, or 
17purchase or cause to be delivered, sold, or purchased or cause 
18to be possessed by another, an assault weapon, assault weapon 
19attachment, .50 caliber rifle, or .50 caliber cartridge.
20 (d) Except as otherwise provided in subsections (e), (f), 
21and (h) of this Section, 300 days after the effective date of 
22this amendatory Act of the 98th General Assembly, it is 
23unlawful for any person within this State to knowingly possess 
24an assault weapon, assault weapon attachment, .50 caliber 
25rifle, or .50 caliber cartridge. 
26 (e) This Section does not apply to a person who possessed 
 
 
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1an assault weapon or .50 caliber rifle prohibited by subsection 
2(d) of this Section before the effective date of this 
3amendatory Act of the 98th General Assembly, provided the 
4person has provided in a registration affidavit, under oath or 
5affirmation and in the form and manner prescribed by the 
6Department of State Police on or after 180 days after the 
7effective date of this amendatory Act of the 98th General 
8Assembly but within 300 days after the effective date of this 
9amendatory Act of the 98th General Assembly:
10  (1) his or her name;
11  (2) date of birth;
12  (3) Firearm Owner's Identification Card number;
13  (4) the make, model, caliber, and serial number of the 
14 weapon; and
15  (5) proof of a locking mechanism that properly fits the 
16 weapon. The affidavit shall include a statement that the 
17 weapon is owned by the person submitting the affidavit and 
18 that he or she owns a locking mechanism for the weapon.
19 The affidavit form shall include the following statement 
20printed in bold type: "Warning: Entering false information on 
21this form is punishable as perjury under Section 32-2 of the 
22Criminal Code of 2012."
23 Beginning 300 days after the effective date of this 
24amendatory Act of the 98th General Assembly, the person may 
25transfer the assault weapon or .50 caliber rifle only to an 
26heir, an individual residing in another state maintaining it in 
 
 
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1another state, or a dealer licensed as a federal firearms 
2dealer under Section 923 of the federal Gun Control Act of 
31968. Within 10 days after transfer of the weapon except to an 
4heir, the person shall notify the Department of State Police of 
5the name and address of the transferee and comply with the 
6requirements of subsection (b) of Section 3 of the Firearm 
7Owners Identification Card Act. The person to whom the weapon 
8is transferred shall, within 60 days of the transfer, complete 
9an affidavit and pay the required registration fee under this 
10Section. A person to whom the weapon is transferred may 
11transfer it only as provided in this subsection.
12 (f) This Section does not apply to a peace officer who has 
13retired in good standing from a law enforcement agency of this 
14State and who possesses an assault weapon or .50 caliber rifle 
15prohibited by subsection (d) of this Section, if the weapon was 
16lawfully possessed and acquired by the peace officer prior to 
17retirement and the retired peace officer within 30 days of 
18retirement registers the weapon with the Department of State 
19Police and pays the required registration fee under this 
20Section. The retired peace officer shall comply with the 
21transfer and notification requirements in subsection (e) of 
22this Section. 
23 (g) For the purpose of registration required under 
24subsections (e) and (f) of this Section, the Department of 
25State Police shall assess a registration fee of $25 per person 
26to the owner of an assault weapon and $25 per person to the 
 
 
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1owner of a .50 caliber rifle. The fees shall be deposited into 
2the State Police Firearm Services Fund. 
3 (h) This Section does not apply to or affect any of the 
4following:
5  (1) Peace officers as defined in Section 2-13 of this 
6 Code.
7  (2) Acquisition and possession by a local law 
8 enforcement agency for the purpose of equipping the 
9 agency's peace officers as defined in paragraph (1) of this 
10 subsection. 
11  (3) Wardens, superintendents, and keepers of prisons, 
12 penitentiaries, jails, and other institutions for the 
13 detention of persons accused or convicted of an offense.
14  (4) Members of the Armed Services or Reserve Forces of 
15 the United States or the Illinois National Guard, while in 
16 the performance of their official duties or while traveling 
17 to or from their place of duty.
18  (5) Any company that employs armed security officers in 
19 this State at a nuclear energy, storage, weapons, or 
20 development site or facility regulated by the federal 
21 Nuclear Regulatory Commission and persons employed as an 
22 armed security force member at a nuclear energy, storage, 
23 weapons, or development site or facility regulated by the 
24 federal Nuclear Regulatory Commission who have completed 
25 the background screening and training mandated by the rules 
26 and regulations of the federal Nuclear Regulatory 
 
 
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1 Commission and while in the performance of their official 
2 duties. 
3  (6) Manufacture, transportation, or sale of weapons, 
4 attachments, or ammunition to persons authorized under 
5 subdivisions (1) through (5) of this subsection (h) to 
6 possess those items.
7  (7) Manufacture, transportation, or sale of weapons, 
8 attachments, or ammunition solely for sale or transfer in 
9 another state. 
10  (8) Possession of any firearm if that firearm is 
11 sanctioned by the International Olympic Committee and by 
12 USA Shooting, the national governing body for 
13 international shooting competition in the United States, 
14 but only when the firearm is in the actual possession of an 
15 Olympic target shooting competitor or target shooting 
16 coach for the purpose of storage, transporting to and from 
17 Olympic target shooting practice or events if the firearm 
18 is broken down in a non-functioning state, is not 
19 immediately accessible, or is unloaded and enclosed in a 
20 firearm case, carrying box, shipping box, or other similar 
21 portable container designed for the safe transportation of 
22 firearms, and when the Olympic target shooting competitor 
23 or target shooting coach is engaging in those practices or 
24 events. For the purposes of this paragraph (8), "firearm" 
25 is as defined in Section 1.1 of the Firearm Owners 
26 Identification Card Act.
 
 
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1  (9) Any non-resident who transports, within 24 hours, a 
2 weapon for any lawful purpose from any place where he or 
3 she may lawfully possess and carry that weapon to any other 
4 place where he or she may lawfully possess and carry that 
5 weapon if, during the transportation the weapon is 
6 unloaded, and neither the weapon nor any ammunition being 
7 transported is readily accessible or is directly 
8 accessible from the passenger compartment of the 
9 transporting vehicle. Provided that, in the case of a 
10 vehicle without a compartment separate from the driver's 
11 compartment the weapon or ammunition shall be contained in 
12 a locked container other than the glove compartment or 
13 console. 
14  (10) Possession of a weapon at events taking place at 
15 the World Shooting and Recreational Complex at Sparta, only 
16 while engaged in the legal use of this weapon, or while 
17 traveling to or from this location if the weapon is broken 
18 down in a non-functioning state, or is not immediately 
19 accessible, or is unloaded and enclosed in a firearm case, 
20 carrying box, shipping box, or other similar portable 
21 container designed for the safe transportation of 
22 firearms. 
23  (11) Possession of a weapon only for hunting use 
24 expressly permitted under the Wildlife Code, or while 
25 traveling to or from a location authorized for this hunting 
26 use under the Wildlife Code if the weapon is broken down in 
 
 
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1 a non-functioning state, or is not immediately accessible, 
2 or is unloaded and enclosed in a firearm case, carrying 
3 box, shipping box, or other similar portable container 
4 designed for the safe transportation of firearms. 
5  (12) Transfers subject to a written lease for a period 
6 not to exceed 10 months, if the lessor of the assault 
7 weapon, assault weapon attachment, .50 caliber rifle, or 
8 .50 caliber cartridge is the holder of a valid federal 
9 firearms license and the lessee is the holder of a permit 
10 issued by a unit of local government for an activity 
11 involving the possession and use of the weapon, attachment, 
12 or cartridge, without live ammunition. 
13 (i) Sentence.
14  (1) A person who knowingly delivers, sells, purchases, 
15 or possesses or causes to be delivered, sold, purchased, or 
16 possessed an assault weapon in violation of this Section 
17 commits a Class 3 felony for a first violation and a Class 
18 2 felony for a second or subsequent violation or for the 
19 possession or delivery of 2 or more of these weapons at the 
20 same time.
21  (2) A person who knowingly delivers, sells, purchases, 
22 or possesses or causes to be delivered, sold, purchased, or 
23 possessed in violation of this Section an assault weapon 
24 attachment commits a Class 4 felony for a first violation 
25 and a Class 3 felony for a second or subsequent violation.
26  (3) A person who knowingly delivers, sells, purchases, 
 
 
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1 or possesses or causes to be delivered, sold, purchased, or 
2 possessed in violation of this Section a .50 caliber rifle 
3 commits a Class 3 felony for a first violation and a Class 
4 2 felony for a second or subsequent violation or for the 
5 possession or delivery of 2 or more of these weapons at the 
6 same time.
7  (4) A person who knowingly delivers, sells, purchases, 
8 or possesses or causes to be delivered, sold, purchased, or 
9 possessed in violation of this Section a .50 caliber 
10 cartridge commits a Class A misdemeanor.
11  (5) Any other violation of this Section is a Class A 
12 misdemeanor.

13 (720 ILCS 5/24-1.10 new)
14 Sec. 24-1.10. Delivery, sale, or transfer of large capacity 
15ammunition feeding devices.
16 (a) As used in this Section:
17 "Large capacity ammunition feeding device" means:
18  (1) a detachable magazine, belt, drum, feed strip, or 
19 similar device that has a capacity of, or that can be 
20 readily restored or converted to accept, more than 15 
21 rounds of ammunition; or
22  (2) any combination of parts from which a device 
23 described in paragraph (1) can be assembled.
24 "Large capacity ammunition feeding device" does not 
25include a permanently attached tubular device or any device 
 
 
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1that has been made permanently inoperable.
2 (b) Except as provided in subsection (c) or (d), it is 
3unlawful for any person to knowingly deliver, sell, or 
4transfer, or cause to be delivered, sold, or transferred, a 
5large capacity ammunition feeding device. This subsection (b) 
6shall not apply to transfers to an heir, an individual residing 
7in another state maintaining that device in another state, or a 
8dealer licensed as a federal firearms dealer under Section 923 
9of the Federal Gun Control Act of 1968.
10 (c) This Section does not apply to a peace officer who has 
11retired in good standing from a law enforcement agency of this 
12State and who possesses a large capacity ammunition feeding 
13device prohibited by subsection (b) of this Section, if the 
14device was lawfully possessed and acquired by the peace officer 
15prior to retirement and the retired peace officer within 30 
16days of retirement, provides in a registration affidavit, under 
17oath or affirmation and in the form and manner prescribed by 
18the Department of State Police, his or her name, date of birth, 
19Firearm Owners Identification Card Number, the device's make, 
20model, and caliber. The affidavit shall include a statement 
21that the large capacity ammunition feeding device is owned by 
22the person submitting the affidavit. Each affidavit form shall 
23include the following statement printed in bold type: "Warning: 
24Entering false information on this form is punishable as 
25perjury under Section 32-2 of the Criminal Code of 2012.". The 
26retired officer may transfer the device only to an heir, an 
 
 
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1individual residing in another state maintaining that device in 
2another state, or a dealer licensed as a federal firearms 
3dealer under Section 923 of the federal Gun Control Act of 
41968. Within 10 days after transfer of the device, the person 
5shall notify the Department of State Police of the name and 
6address of the transferee and comply with the requirements of 
7subsection (b) of Section 3 of the Firearm Owners 
8Identification Card Act. 
9 (d) This Section does not apply to or affect any of the 
10following:
11  (1) Peace officers as defined in Section 2-13 of this 
12 Code.
13  (2) Acquisition and possession by a local law 
14 enforcement agency for the purpose of equipping the 
15 agency's peace officers as defined in paragraph (1) of this 
16 subsection. 
17  (3) Wardens, superintendents, and keepers of prisons, 
18 penitentiaries, jails, and other institutions for the 
19 detention of persons accused or convicted of an offense.
20  (4) Members of the Armed Services or Reserve Forces of 
21 the United States or the Illinois National Guard, while in 
22 the performance of their official duties or while traveling 
23 to or from their place of duty.
24  (5) Any company that employs armed security officers in 
25 this State at a nuclear energy, storage, weapons, or 
26 development site or facility regulated by the federal 
 
 
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1 Nuclear Regulatory Commission and persons employed as an 
2 armed security force member at a nuclear energy, storage, 
3 weapons, or development site or facility regulated by the 
4 federal Nuclear Regulatory Commission who have completed 
5 the background screening and training mandated by the rules 
6 and regulations of the federal Nuclear Regulatory 
7 Commission and while in the performance of their official 
8 duties. 
9  (6) Manufacture, transportation, or sale of large 
10 capacity ammunition feeding devices to persons authorized 
11 under subdivisions (1) through (5) of this subsection (c) 
12 to possess those items.
13  (7) Manufacture, transportation, or sale of large 
14 capacity ammunition feeding devices solely for sale or 
15 transfer in another state. 
16  (8) Possession of any large capacity ammunition 
17 feeding device if that large capacity ammunition feeding 
18 device is sanctioned by the International Olympic 
19 Committee and by USA Shooting, the national governing body 
20 for international shooting competition in the United 
21 States, but only when the large capacity ammunition feeding 
22 device is in the actual possession of an Olympic target 
23 shooting competitor or target shooting coach for the 
24 purpose of storage, transporting to and from Olympic target 
25 shooting practice or events if the device is broken down in 
26 a non-functioning state, is not immediately accessible, or 
 
 
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1 is unloaded and enclosed in a case, firearm carrying box, 
2 shipping box, or other container, and when the Olympic 
3 target shooting competitor or target shooting coach is 
4 engaging in those practices or events.
5  (9) Any non-resident who transports, within 24 hours, a 
6 large ammunition feeding device for any lawful purpose from 
7 any place where he or she may lawfully possess and carry 
8 that device to any other place where he or she may lawfully 
9 possess and carry that device if, during the transportation 
10 the device is unloaded, and neither the device nor any 
11 ammunition being transported is readily accessible or is 
12 directly accessible from the passenger compartment of the 
13 transporting vehicle. Provided that, in the case of a 
14 vehicle without a compartment separate from the driver's 
15 compartment the device or ammunition shall be contained in 
16 a locked container other than the glove compartment or 
17 console. 
18  (10) Possession of a large capacity ammunition feeding 
19 device at events taking place at the World Shooting and 
20 Recreational Complex at Sparta, only while engaged in the 
21 legal use of the device, or while traveling to or from this 
22 location if the items are broken down in a non-functioning 
23 state, or are not immediately accessible, or are unloaded 
24 and enclosed in a case, firearm carrying box, shipping box, 
25 or other container.
26  (11) Possession of a large capacity ammunition feeding 
 
 
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1 device only for hunting use expressly permitted under the 
2 Wildlife Code, or while traveling to or from a location 
3 authorized for this hunting use under the Wildlife Code if 
4 the device is broken down in a non-functioning state, or is 
5 not immediately accessible, or is unloaded and enclosed in 
6 a firearm case, carrying box, shipping box, or other 
7 similar portable container designed for the safe 
8 transportation of firearms. 
9  (12) Transfers subject to a written lease for a period 
10 not to exceed 10 months, if the lessor of the large 
11 capacity ammunition feeding device is the holder of a valid 
12 federal firearms license and the lessee is the holder of a 
13 permit issued by a unit of local government for an activity 
14 involving the possession and use of the transferred device 
15 without live ammunition. 
16 (e) Sentence. A person who knowingly delivers, sells, or 
17transfers, or causes to be delivered, sold, or transferred, in 
18violation of this Section a large capacity ammunition feeding 
19device capable of holding more than 17 rounds of ammunition 
20commits a Class 3 felony for a first violation and a Class 2 
21felony for a second or subsequent violation or for delivery, 
22sale, or transfer of 2 or more of these devices at the same 
23time. A person who knowingly delivers, sells, or transfers, or 
24causes to be delivered, sold, or transferred, in violation of 
25this Section a large capacity ammunition feeding device capable 
26of holding more than 15 rounds but not more than 17 rounds of 
 
 
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1ammunition commits a Class 4 felony for a first violation and a 
2Class 3 felony for a second or subsequent violation or for 
3delivery, sale, or transfer, of more than one of these devices 
4at the same time.