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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 2012 is amended by changing | ||||||||||||||||||||||||||||
5 | Section 24-1 and by adding Sections 24-1.9 and 24-1.10 as | ||||||||||||||||||||||||||||
6 | follows:
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7 | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
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8 | Sec. 24-1. Unlawful use of weapons.
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9 | (a) A person commits the offense of unlawful use of weapons | ||||||||||||||||||||||||||||
10 | when
he knowingly:
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11 | (1) Sells, manufactures, purchases, possesses or | ||||||||||||||||||||||||||||
12 | carries any bludgeon,
black-jack, slung-shot, sand-club, | ||||||||||||||||||||||||||||
13 | sand-bag, metal knuckles or other knuckle weapon | ||||||||||||||||||||||||||||
14 | regardless of its composition, throwing star,
or any knife, | ||||||||||||||||||||||||||||
15 | commonly referred to as a switchblade knife, which has a
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16 | blade that opens automatically by hand pressure applied to | ||||||||||||||||||||||||||||
17 | a button,
spring or other device in the handle of the | ||||||||||||||||||||||||||||
18 | knife, or a ballistic knife,
which is a device that propels | ||||||||||||||||||||||||||||
19 | a knifelike blade as a projectile by means
of a coil | ||||||||||||||||||||||||||||
20 | spring, elastic material or compressed gas; or
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21 | (2) Carries or possesses with intent to use the same | ||||||||||||||||||||||||||||
22 | unlawfully
against another, a dagger, dirk, billy, | ||||||||||||||||||||||||||||
23 | dangerous knife, razor,
stiletto, broken bottle or other |
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| |||||||
1 | piece of glass, stun gun or taser or
any other dangerous or | ||||||
2 | deadly weapon or instrument of like character; or
| ||||||
3 | (3) Carries on or about his person or in any vehicle, a | ||||||
4 | tear gas gun
projector or bomb or any object containing | ||||||
5 | noxious liquid gas or
substance, other than an object | ||||||
6 | containing a non-lethal noxious liquid gas
or substance | ||||||
7 | designed solely for personal defense carried by a person 18
| ||||||
8 | years of age or older; or
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9 | (4) Carries or possesses in any vehicle or concealed on | ||||||
10 | or about his
person except when on his land or in his own | ||||||
11 | abode, legal dwelling, or fixed place of
business, or on | ||||||
12 | the land or in the legal dwelling of another person as an | ||||||
13 | invitee with that person's permission, any pistol, | ||||||
14 | revolver, stun gun or taser or other firearm, except
that
| ||||||
15 | this subsection (a) (4) does not apply to or affect | ||||||
16 | transportation of weapons
that meet one of the following | ||||||
17 | conditions:
| ||||||
18 | (i) are broken down in a non-functioning state; or
| ||||||
19 | (ii) are not immediately accessible; or
| ||||||
20 | (iii) are unloaded and enclosed in a case, firearm | ||||||
21 | carrying box,
shipping box, or other container by a | ||||||
22 | person who has been issued a currently
valid Firearm | ||||||
23 | Owner's
Identification Card; or | ||||||
24 | (iv) are carried or possessed in accordance with | ||||||
25 | the Firearm Concealed Carry Act by a person who has | ||||||
26 | been issued a currently valid license under the Firearm |
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| |||||||
1 | Concealed Carry Act; or
| ||||||
2 | (5) Sets a spring gun; or
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3 | (6) Possesses any device or attachment of any kind | ||||||
4 | designed, used or
intended for use in silencing the report | ||||||
5 | of any firearm; or
| ||||||
6 | (7) Sells, manufactures, purchases, possesses or | ||||||
7 | carries:
| ||||||
8 | (i) a machine gun, which shall be defined for the | ||||||
9 | purposes of this
subsection as any weapon,
which | ||||||
10 | shoots, is designed to shoot, or can be readily | ||||||
11 | restored to shoot,
automatically more than one shot | ||||||
12 | without manually reloading by a single
function of the | ||||||
13 | trigger, including the frame or receiver
of any such | ||||||
14 | weapon, or sells, manufactures, purchases, possesses, | ||||||
15 | or
carries any combination of parts designed or | ||||||
16 | intended for
use in converting any weapon into a | ||||||
17 | machine gun, or any combination or
parts from which a | ||||||
18 | machine gun can be assembled if such parts are in the
| ||||||
19 | possession or under the control of a person;
| ||||||
20 | (i-5) a trigger modification device. For purposes | ||||||
21 | of this clause (i-5), "trigger modification device" | ||||||
22 | means any part, or combination of parts, designed or | ||||||
23 | intended to accelerate the rate of fire of a firearm, | ||||||
24 | but does not convert the firearm into a machine gun, | ||||||
25 | including, but not limited to: | ||||||
26 | (A) any part, or combination of parts, |
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1 | designed or intended for use in modifying a firearm | ||||||
2 | to use the recoil of the firearm to produce a rapid | ||||||
3 | succession of trigger functions; or | ||||||
4 | (B) any part, or combination of parts, | ||||||
5 | designed or intended for use in modifying a firearm | ||||||
6 | to produce multiple trigger functions through the | ||||||
7 | use of an external mechanism; | ||||||
8 | (ii) any rifle having one or
more barrels less than | ||||||
9 | 16 inches in length or a shotgun having one or more
| ||||||
10 | barrels less than 18 inches in length or any weapon | ||||||
11 | made from a rifle or
shotgun, whether by alteration, | ||||||
12 | modification, or otherwise, if such a weapon
as | ||||||
13 | modified has an overall length of less than 26 inches; | ||||||
14 | or
| ||||||
15 | (iii) any
bomb, bomb-shell, grenade, bottle or | ||||||
16 | other container containing an
explosive substance of | ||||||
17 | over one-quarter ounce for like purposes, such
as, but | ||||||
18 | not limited to, black powder bombs and Molotov | ||||||
19 | cocktails or
artillery projectiles; or
| ||||||
20 | (8) Carries or possesses any firearm, stun gun or taser | ||||||
21 | or other
deadly weapon in any place which is licensed to | ||||||
22 | sell intoxicating
beverages, or at any public gathering | ||||||
23 | held pursuant to a license issued
by any governmental body | ||||||
24 | or any public gathering at which an admission
is charged, | ||||||
25 | excluding a place where a showing, demonstration or lecture
| ||||||
26 | involving the exhibition of unloaded firearms is |
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1 | conducted.
| ||||||
2 | This subsection (a)(8) does not apply to any auction or | ||||||
3 | raffle of a firearm
held pursuant to
a license or permit | ||||||
4 | issued by a governmental body, nor does it apply to persons
| ||||||
5 | engaged
in firearm safety training courses; or
| ||||||
6 | (9) Carries or possesses in a vehicle or on or about | ||||||
7 | his person any
pistol, revolver, stun gun or taser or | ||||||
8 | firearm or ballistic knife, when
he is hooded, robed or | ||||||
9 | masked in such manner as to conceal his identity; or
| ||||||
10 | (10) Carries or possesses on or about his person, upon | ||||||
11 | any public street,
alley, or other public lands within the | ||||||
12 | corporate limits of a city, village
or incorporated town, | ||||||
13 | except when an invitee thereon or therein, for the
purpose | ||||||
14 | of the display of such weapon or the lawful commerce in | ||||||
15 | weapons, or
except when on his land or in his own abode, | ||||||
16 | legal dwelling, or fixed place of business, or on the land | ||||||
17 | or in the legal dwelling of another person as an invitee | ||||||
18 | with that person's permission, any
pistol, revolver, stun | ||||||
19 | gun or taser or other firearm, except that this
subsection | ||||||
20 | (a) (10) does not apply to or affect transportation of | ||||||
21 | weapons that
meet one of the following conditions:
| ||||||
22 | (i) are broken down in a non-functioning state; or
| ||||||
23 | (ii) are not immediately accessible; or
| ||||||
24 | (iii) are unloaded and enclosed in a case, firearm | ||||||
25 | carrying box,
shipping box, or other container by a | ||||||
26 | person who has been issued a currently
valid Firearm |
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| |||||||
1 | Owner's
Identification Card; or
| ||||||
2 | (iv) are carried or possessed in accordance with | ||||||
3 | the Firearm Concealed Carry Act by a person who has | ||||||
4 | been issued a currently valid license under the Firearm | ||||||
5 | Concealed Carry Act. | ||||||
6 | A "stun gun or taser", as used in this paragraph (a) | ||||||
7 | means (i) any device
which is powered by electrical | ||||||
8 | charging units, such as, batteries, and
which fires one or | ||||||
9 | several barbs attached to a length of wire and
which, upon | ||||||
10 | hitting a human, can send out a current capable of | ||||||
11 | disrupting
the person's nervous system in such a manner as | ||||||
12 | to render him incapable of
normal functioning or (ii) any | ||||||
13 | device which is powered by electrical
charging units, such | ||||||
14 | as batteries, and which, upon contact with a human or
| ||||||
15 | clothing worn by a human, can send out current capable of | ||||||
16 | disrupting
the person's nervous system in such a manner as | ||||||
17 | to render him incapable
of normal functioning; or
| ||||||
18 | (11) Sells, manufactures or purchases any explosive | ||||||
19 | bullet. For purposes
of this paragraph (a) "explosive | ||||||
20 | bullet" means the projectile portion of
an ammunition | ||||||
21 | cartridge which contains or carries an explosive charge | ||||||
22 | which
will explode upon contact with the flesh of a human | ||||||
23 | or an animal.
"Cartridge" means a tubular metal case having | ||||||
24 | a projectile affixed at the
front thereof and a cap or | ||||||
25 | primer at the rear end thereof, with the
propellant | ||||||
26 | contained in such tube between the projectile and the cap; |
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| |||||||
1 | or
| ||||||
2 | (12) (Blank); or
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3 | (13) Carries or possesses on or about his or her person | ||||||
4 | while in a building occupied by a unit of government, a | ||||||
5 | billy club, other weapon of like character, or other | ||||||
6 | instrument of like character intended for use as a weapon. | ||||||
7 | For the purposes of this Section, "billy club" means a | ||||||
8 | short stick or club commonly carried by police officers | ||||||
9 | which is either telescopic or constructed of a solid piece | ||||||
10 | of wood or other man-made material. | ||||||
11 | (b) Sentence. A person convicted of a violation of | ||||||
12 | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| ||||||
13 | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | ||||||
14 | Class A
misdemeanor.
A person convicted of a violation of | ||||||
15 | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a | ||||||
16 | person
convicted of a violation of subsection 24-1(a)(6) or | ||||||
17 | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | ||||||
18 | convicted of a violation of subsection
24-1(a)(7)(i) or | ||||||
19 | 24-1(a)(7)(i-5) commits a Class 2 felony and shall be sentenced | ||||||
20 | to a term of imprisonment of not less than 3 years and not more | ||||||
21 | than 7 years, unless the weapon is possessed in the
passenger | ||||||
22 | compartment of a motor vehicle as defined in Section 1-146 of | ||||||
23 | the
Illinois Vehicle Code, or on the person, while the weapon | ||||||
24 | is loaded, in which
case it shall be a Class X felony. A person | ||||||
25 | convicted of a
second or subsequent violation of subsection | ||||||
26 | 24-1(a)(4), 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a |
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1 | Class 3 felony. The possession of each weapon in violation of | ||||||
2 | this Section constitutes a single and separate violation.
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3 | (c) Violations in specific places.
| ||||||
4 | (1) A person who violates subsection 24-1(a)(6) or | ||||||
5 | 24-1(a)(7) in any
school, regardless of the time of day or | ||||||
6 | the time of year, in residential
property owned, operated | ||||||
7 | or managed by a public housing agency or
leased by
a public | ||||||
8 | housing agency as part of a scattered site or mixed-income
| ||||||
9 | development, in a
public park, in a courthouse, on the real | ||||||
10 | property comprising any school,
regardless of the
time of | ||||||
11 | day or the time of year, on residential property owned, | ||||||
12 | operated
or
managed by a public housing agency
or leased by | ||||||
13 | a public housing agency as part of a scattered site or
| ||||||
14 | mixed-income development,
on the real property comprising | ||||||
15 | any
public park, on the real property comprising any | ||||||
16 | courthouse, in any conveyance
owned, leased or contracted | ||||||
17 | by a school to
transport students to or from school or a | ||||||
18 | school related activity, in any conveyance
owned, leased, | ||||||
19 | or contracted by a public transportation agency, or on any
| ||||||
20 | public way within 1,000 feet of the real property | ||||||
21 | comprising any school,
public park, courthouse, public | ||||||
22 | transportation facility, or residential property owned, | ||||||
23 | operated, or managed
by a public housing agency
or leased | ||||||
24 | by a public housing agency as part of a scattered site or
| ||||||
25 | mixed-income development
commits a Class 2 felony and shall | ||||||
26 | be sentenced to a term of imprisonment of not less than 3 |
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| |||||||
1 | years and not more than 7 years.
| ||||||
2 | (1.5) A person who violates subsection 24-1(a)(4), | ||||||
3 | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | ||||||
4 | time of day or the time of year,
in residential property | ||||||
5 | owned, operated, or managed by a public
housing
agency
or | ||||||
6 | leased by a public housing agency as part of a scattered | ||||||
7 | site or
mixed-income development,
in
a public
park, in a | ||||||
8 | courthouse, on the real property comprising any school, | ||||||
9 | regardless
of the time of day or the time of year, on | ||||||
10 | residential property owned,
operated, or managed by a | ||||||
11 | public housing agency
or leased by a public housing agency | ||||||
12 | as part of a scattered site or
mixed-income development,
on | ||||||
13 | the real property
comprising any public park, on the real | ||||||
14 | property comprising any courthouse, in
any conveyance | ||||||
15 | owned, leased, or contracted by a school to transport | ||||||
16 | students
to or from school or a school related activity, in | ||||||
17 | any conveyance
owned, leased, or contracted by a public | ||||||
18 | transportation agency, or on any public way within
1,000 | ||||||
19 | feet of the real property comprising any school, public | ||||||
20 | park, courthouse,
public transportation facility, or | ||||||
21 | residential property owned, operated, or managed by a | ||||||
22 | public
housing agency
or leased by a public housing agency | ||||||
23 | as part of a scattered site or
mixed-income development
| ||||||
24 | commits a Class 3 felony.
| ||||||
25 | (2) A person who violates subsection 24-1(a)(1), | ||||||
26 | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the |
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1 | time of day or the time of year, in
residential property | ||||||
2 | owned, operated or managed by a public housing
agency
or | ||||||
3 | leased by a public housing agency as part of a scattered | ||||||
4 | site or
mixed-income development,
in
a public park, in a | ||||||
5 | courthouse, on the real property comprising any school,
| ||||||
6 | regardless of the time of day or the time of year, on | ||||||
7 | residential property
owned, operated or managed by a public | ||||||
8 | housing agency
or leased by a public housing agency as part | ||||||
9 | of a scattered site or
mixed-income development,
on the | ||||||
10 | real property
comprising any public park, on the real | ||||||
11 | property comprising any courthouse, in
any conveyance | ||||||
12 | owned, leased or contracted by a school to transport | ||||||
13 | students
to or from school or a school related activity, in | ||||||
14 | any conveyance
owned, leased, or contracted by a public | ||||||
15 | transportation agency, or on any public way within
1,000 | ||||||
16 | feet of the real property comprising any school, public | ||||||
17 | park, courthouse,
public transportation facility, or | ||||||
18 | residential property owned, operated, or managed by a | ||||||
19 | public
housing agency or leased by a public housing agency | ||||||
20 | as part of a scattered
site or mixed-income development | ||||||
21 | commits a Class 4 felony. "Courthouse"
means any building | ||||||
22 | that is used by the Circuit, Appellate, or Supreme Court of
| ||||||
23 | this State for the conduct of official business.
| ||||||
24 | (3) Paragraphs (1), (1.5), and (2) of this subsection | ||||||
25 | (c) shall not
apply to law
enforcement officers or security | ||||||
26 | officers of such school, college, or
university or to |
| |||||||
| |||||||
1 | students carrying or possessing firearms for use in | ||||||
2 | training
courses, parades, hunting, target shooting on | ||||||
3 | school ranges, or otherwise with
the consent of school | ||||||
4 | authorities and which firearms are transported unloaded
| ||||||
5 | enclosed in a suitable case, box, or transportation | ||||||
6 | package.
| ||||||
7 | (4) For the purposes of this subsection (c), "school" | ||||||
8 | means any public or
private elementary or secondary school, | ||||||
9 | community college, college, or
university.
| ||||||
10 | (5) For the purposes of this subsection (c), "public | ||||||
11 | transportation agency" means a public or private agency | ||||||
12 | that provides for the transportation or conveyance of
| ||||||
13 | persons by means available to the general public, except | ||||||
14 | for transportation
by automobiles not used for conveyance | ||||||
15 | of the general public as passengers; and "public | ||||||
16 | transportation facility" means a terminal or other place
| ||||||
17 | where one may obtain public transportation.
| ||||||
18 | (d) The presence in an automobile other than a public | ||||||
19 | omnibus of any
weapon, instrument or substance referred to in | ||||||
20 | subsection (a)(7) is
prima facie evidence that it is in the | ||||||
21 | possession of, and is being
carried by, all persons occupying | ||||||
22 | such automobile at the time such
weapon, instrument or | ||||||
23 | substance is found, except under the following
circumstances: | ||||||
24 | (i) if such weapon, instrument or instrumentality is
found upon | ||||||
25 | the person of one of the occupants therein; or (ii) if such
| ||||||
26 | weapon, instrument or substance is found in an automobile |
| |||||||
| |||||||
1 | operated for
hire by a duly licensed driver in the due, lawful | ||||||
2 | and proper pursuit of
his trade, then such presumption shall | ||||||
3 | not apply to the driver.
| ||||||
4 | (e) Exemptions. | ||||||
5 | (1) Crossbows, Common or Compound bows and Underwater
| ||||||
6 | Spearguns are exempted from the definition of ballistic | ||||||
7 | knife as defined in
paragraph (1) of subsection (a) of this | ||||||
8 | Section. | ||||||
9 | (2) The provision of paragraph (1) of subsection (a) of | ||||||
10 | this Section prohibiting the sale, manufacture, purchase, | ||||||
11 | possession, or carrying of any knife, commonly referred to | ||||||
12 | as a switchblade knife, which has a
blade that opens | ||||||
13 | automatically by hand pressure applied to a button,
spring | ||||||
14 | or other device in the handle of the knife, does not apply | ||||||
15 | to a person who possesses a currently valid Firearm Owner's | ||||||
16 | Identification Card previously issued in his or her name by | ||||||
17 | the Department of State Police or to a person or an entity | ||||||
18 | engaged in the business of selling or manufacturing | ||||||
19 | switchblade knives.
| ||||||
20 | (Source: P.A. 99-29, eff. 7-10-15; 100-82, eff. 8-11-17.)
| ||||||
21 | (720 ILCS 5/24-1.9 new) | ||||||
22 | Sec. 24-1.9. Possession, delivery, sale, and purchase of | ||||||
23 | assault weapons, .50 caliber rifles, and .50 caliber | ||||||
24 | cartridges. | ||||||
25 | (a) Definitions. As used in this Section: |
| |||||||
| |||||||
1 | (1) "Assault weapon" means: | ||||||
2 | (A) any rifle which has a belt fed ammunition | ||||||
3 | system or which has a detachable magazine capable of | ||||||
4 | holding more than 10 rounds of ammunition; | ||||||
5 | (B) a semi-automatic rifle that has the ability to | ||||||
6 | accept a detachable magazine and has any of the | ||||||
7 | following: | ||||||
8 | (i) a folding or telescoping stock; or | ||||||
9 | (ii) a shroud that is attached to, or partially | ||||||
10 | or completely encircles the barrel, and that | ||||||
11 | permits the shooter to hold the firearm with the | ||||||
12 | non-trigger hand without being burned; | ||||||
13 | (C) a semi-automatic pistol that has the ability to | ||||||
14 | accept a detachable magazine and has any of the | ||||||
15 | following: | ||||||
16 | (i) a folding or telescoping stock; | ||||||
17 | (ii) a shroud that is attached to, or partially | ||||||
18 | or completely encircles the barrel, and that | ||||||
19 | permits the shooter to hold the firearm with the | ||||||
20 | non-trigger hand without being burned; or | ||||||
21 | (iii) a manufactured weight of 50 ounces or | ||||||
22 | more when the pistol is unloaded. | ||||||
23 | (D) a semi-automatic rifle with a fixed magazine | ||||||
24 | that has the capacity to accept more than 10 rounds of | ||||||
25 | ammunition; | ||||||
26 | (E) a semi-automatic shotgun that has: |
| |||||||
| |||||||
1 | (i) a folding or telescoping stock; and | ||||||
2 | (ii) contains its ammunition in a revolving | ||||||
3 | cylinder; or | ||||||
4 | (iii) a fixed magazine capacity in excess of 5 | ||||||
5 | rounds of ammunition, except as may be authorized | ||||||
6 | under the Wildlife Code and excluding magazine | ||||||
7 | extensions during the snow geese conservation | ||||||
8 | order season; or | ||||||
9 | (iv) an ability to accept a detachable | ||||||
10 | magazine of more than 5 rounds of ammunition. | ||||||
11 | "Assault weapon" does not include: | ||||||
12 | (A) any firearm that: | ||||||
13 | (i) is manually operated by bolt, pump, lever, | ||||||
14 | or slide action; | ||||||
15 | (ii) is an unserviceable firearm or has been | ||||||
16 | made permanently inoperable; | ||||||
17 | (iii) is an antique firearm; | ||||||
18 | (iv) uses rimfire ammunition or cartridges;
or | ||||||
19 | (iv) has been excluded as an assault weapon in | ||||||
20 | a Department of Natural Resources rule. The | ||||||
21 | Department of Natural Resources shall have the | ||||||
22 | authority to adopt rules to further define | ||||||
23 | exclusions of assault weapon types under this | ||||||
24 | Section, provided the make, model, and caliber of | ||||||
25 | the firearm excluded has a viable application to | ||||||
26 | hunting game and conforms to accepted hunting |
| |||||||
| |||||||
1 | principles of fair chase. | ||||||
2 | (B) any air rifle as defined in Section 24.8-0.1 of | ||||||
3 | this Code. | ||||||
4 | For the purposes of this Section, a firearm is considered | ||||||
5 | to have the ability to accept a detachable magazine unless the | ||||||
6 | magazine or ammunition feeding device can only be removed | ||||||
7 | through disassembly of the firearm action. | ||||||
8 | (2) "Assault weapon attachment" means any device | ||||||
9 | capable of being attached to a firearm that is specifically | ||||||
10 | designed for making or converting a firearm into any of the | ||||||
11 | firearms listed in paragraph (1) of this subsection (a). | ||||||
12 | (3) "Antique firearm" has the meaning ascribed to it in | ||||||
13 | 18 U.S.C. 921 (a)(16). | ||||||
14 | (4) ".50 caliber rifle" means a centerfire rifle | ||||||
15 | capable of firing a .50 caliber cartridge. The term does | ||||||
16 | not include any antique firearm, any shotgun including a | ||||||
17 | shotgun that has a rifle barrel, or any muzzle-loader which | ||||||
18 | uses black powder for hunting or historical re-enactments. | ||||||
19 | (5) ".50 caliber cartridge" means a cartridge in .50 | ||||||
20 | BMG caliber, either by designation or actual measurement, | ||||||
21 | that is capable of being fired from a centerfire rifle. The | ||||||
22 | term ".50 caliber cartridge" does not include any | ||||||
23 | memorabilia or display item that is filled with a permanent | ||||||
24 | inert substance or that is otherwise permanently altered in | ||||||
25 | a manner that prevents ready modification for use as live | ||||||
26 | ammunition or shotgun ammunition with a caliber |
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| |||||||
1 | measurement that is equal to or greater than .50 caliber. | ||||||
2 | (6) "Locking mechanism" means secured by a device or | ||||||
3 | mechanism, other than the firearm safety, designed to | ||||||
4 | render a firearm temporarily inoperable; or a box or | ||||||
5 | container capable of containing the firearm and that can be | ||||||
6 | securely locked. | ||||||
7 | (b) The Department of State Police shall take all steps | ||||||
8 | necessary to carry out the requirements of this Section within | ||||||
9 | 180 days after the effective date of this amendatory Act of the | ||||||
10 | 100th General Assembly. | ||||||
11 | (c) Except as provided in subsections (d), (e), (f), and | ||||||
12 | (h) of this Section, on or after the effective date of this | ||||||
13 | amendatory Act of the 100th General Assembly, it is unlawful | ||||||
14 | for any person within this State to knowingly deliver, sell, or | ||||||
15 | purchase or cause to be delivered, sold, or purchased or cause | ||||||
16 | to be possessed by another, an assault weapon, assault weapon | ||||||
17 | attachment, .50 caliber rifle, or .50 caliber cartridge. | ||||||
18 | (d) Except as otherwise provided in subsections (e), (f), | ||||||
19 | and (h) of this Section, 300 days after the effective date of | ||||||
20 | this amendatory Act of the 100th General Assembly, it is | ||||||
21 | unlawful for any person within this State to knowingly possess | ||||||
22 | an assault weapon, .50 caliber rifle, or .50 caliber cartridge. | ||||||
23 | (e) This Section does not apply to a person who possessed | ||||||
24 | an assault weapon or .50 caliber rifle prohibited by subsection | ||||||
25 | (d) of this Section before the effective date of this | ||||||
26 | amendatory Act of the 100th General Assembly, provided the |
| |||||||
| |||||||
1 | person has provided in a registration affidavit, under oath or | ||||||
2 | affirmation and in the form and manner prescribed by the | ||||||
3 | Department of State Police on or after 180 days after the | ||||||
4 | effective date of this amendatory Act of the 100th General | ||||||
5 | Assembly but within 300 days after the effective date of this | ||||||
6 | amendatory Act of the 100th General Assembly: | ||||||
7 | (1) his or her name; | ||||||
8 | (2) date of birth; | ||||||
9 | (3) Firearm Owner's Identification Card number; | ||||||
10 | (4) the make, model, caliber, and serial number of the | ||||||
11 | weapon; and | ||||||
12 | (5) proof of a locking mechanism that properly fits the | ||||||
13 | weapon. The affidavit shall include a statement that the | ||||||
14 | weapon is owned by the person submitting the affidavit and | ||||||
15 | that he or she owns a locking mechanism for the weapon. | ||||||
16 | The affidavit form shall include the following statement | ||||||
17 | printed in bold type: "Warning: Entering false information on | ||||||
18 | this form is punishable as perjury under Section 32-2 of the | ||||||
19 | Criminal Code of 2012." | ||||||
20 | Beginning 300 days after the effective date of this | ||||||
21 | amendatory Act of the 100th General Assembly, the person may | ||||||
22 | transfer the assault weapon or .50 caliber rifle only to an | ||||||
23 | heir, an individual residing in another state maintaining it in | ||||||
24 | another state, or a dealer licensed as a federal firearms | ||||||
25 | dealer under Section 923 of the federal Gun Control Act of | ||||||
26 | 1968. Within 10 days after transfer of the weapon except to an |
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| |||||||
1 | heir, the person shall notify the Department of State Police of | ||||||
2 | the name and address of the transferee and comply with the | ||||||
3 | requirements of subsection (b) of Section 3 of the Firearm | ||||||
4 | Owners Identification Card Act. The person to whom the weapon | ||||||
5 | is transferred shall, within 60 days of the transfer, complete | ||||||
6 | an affidavit and pay the required registration fee under this | ||||||
7 | Section. A person to whom the weapon is transferred may | ||||||
8 | transfer it only as provided in this subsection. | ||||||
9 | (f) This Section does not apply to a peace officer who has | ||||||
10 | retired in good standing from a law enforcement agency of this | ||||||
11 | State and who possesses an assault weapon or .50 caliber rifle | ||||||
12 | prohibited by subsection (d) of this Section, if the weapon was | ||||||
13 | lawfully possessed and acquired by the peace officer prior to | ||||||
14 | retirement and the retired peace officer within 30 days of | ||||||
15 | retirement registers the weapon with the Department of State | ||||||
16 | Police and pays the required registration fee under this | ||||||
17 | Section. The retired peace officer shall comply with the | ||||||
18 | transfer and notification requirements in subsection (e) of | ||||||
19 | this Section. | ||||||
20 | (g) For the purpose of registration required under | ||||||
21 | subsections (e) and (f) of this Section, the Department of | ||||||
22 | State Police shall assess a registration fee of $25 per person | ||||||
23 | to the owner of an assault weapon and $25 per person to the | ||||||
24 | owner of a .50 caliber rifle. The fees shall be deposited into | ||||||
25 | the State Police Firearm Services Fund. | ||||||
26 | (h) This Section does not apply to or affect any of the |
| |||||||
| |||||||
1 | following: | ||||||
2 | (1) Peace officers as defined in Section 2-13 of this | ||||||
3 | Code. | ||||||
4 | (2) Acquisition and possession by a local law | ||||||
5 | enforcement agency for the purpose of equipping the | ||||||
6 | agency's peace officers as defined in paragraph (1) of this | ||||||
7 | subsection. | ||||||
8 | (3) Wardens, superintendents, and keepers of prisons, | ||||||
9 | penitentiaries, jails, and other institutions for the | ||||||
10 | detention of persons accused or convicted of an offense. | ||||||
11 | (4) Members of the Armed Services or Reserve Forces of | ||||||
12 | the United States or the Illinois National Guard, while in | ||||||
13 | the performance of their official duties or while traveling | ||||||
14 | to or from their place of duty. | ||||||
15 | (5) Any company that employs armed security officers in | ||||||
16 | this State at a nuclear energy, storage, weapons, or | ||||||
17 | development site or facility regulated by the federal | ||||||
18 | Nuclear Regulatory Commission and persons employed as an | ||||||
19 | armed security force member at a nuclear energy, storage, | ||||||
20 | weapons, or development site or facility regulated by the | ||||||
21 | federal Nuclear Regulatory Commission who have completed | ||||||
22 | the background screening and training mandated by the rules | ||||||
23 | and regulations of the federal Nuclear Regulatory | ||||||
24 | Commission and while in the performance of their official | ||||||
25 | duties. | ||||||
26 | (6) Manufacture, transportation, or sale of weapons, |
| |||||||
| |||||||
1 | attachments, or ammunition to persons authorized under | ||||||
2 | subdivisions (1) through (5) of this subsection (h) to | ||||||
3 | possess those items. | ||||||
4 | (7) Manufacture, transportation, or sale of weapons, | ||||||
5 | attachments, or ammunition for sale or transfer in another | ||||||
6 | state. | ||||||
7 | (8) Possession of any firearm if that firearm is | ||||||
8 | sanctioned by the International Olympic Committee and by | ||||||
9 | USA Shooting, the national governing body for | ||||||
10 | international shooting competition in the United States, | ||||||
11 | but only when the firearm is in the actual possession of an | ||||||
12 | Olympic target shooting competitor or target shooting | ||||||
13 | coach for the purpose of storage, transporting to and from | ||||||
14 | Olympic target shooting practice or events if the firearm | ||||||
15 | is broken down in a non-functioning state, is not | ||||||
16 | immediately accessible, or is unloaded and enclosed in a | ||||||
17 | firearm case, carrying box, shipping box, or other similar | ||||||
18 | portable container designed for the safe transportation of | ||||||
19 | firearms, and when the Olympic target shooting competitor | ||||||
20 | or target shooting coach is engaging in those practices or | ||||||
21 | events. For the purposes of this paragraph (8), "firearm" | ||||||
22 | is as defined in Section 1.1 of the Firearm Owners | ||||||
23 | Identification Card Act. | ||||||
24 | (9) Any non-resident who transports, within 24 hours, a | ||||||
25 | weapon for any lawful purpose from any place where he or | ||||||
26 | she may lawfully possess and carry that weapon to any other |
| |||||||
| |||||||
1 | place where he or she may lawfully possess and carry that | ||||||
2 | weapon if, during the transportation the weapon is | ||||||
3 | unloaded, and neither the weapon nor any ammunition being | ||||||
4 | transported is readily accessible or is directly | ||||||
5 | accessible from the passenger compartment of the | ||||||
6 | transporting vehicle. Provided that, in the case of a | ||||||
7 | vehicle without a compartment separate from the driver's | ||||||
8 | compartment the weapon or ammunition shall be contained in | ||||||
9 | a locked container other than the glove compartment or | ||||||
10 | console. | ||||||
11 | (10) Possession of a weapon at events taking place at | ||||||
12 | the World Shooting and Recreational Complex at Sparta, only | ||||||
13 | while engaged in the legal use of this weapon, or while | ||||||
14 | traveling to or from this location if the weapon is broken | ||||||
15 | down in a non-functioning state, or is not immediately | ||||||
16 | accessible, or is unloaded and enclosed in a firearm case, | ||||||
17 | carrying box, shipping box, or other similar portable | ||||||
18 | container designed for the safe transportation of | ||||||
19 | firearms. | ||||||
20 | (11) Possession of a weapon only for hunting use | ||||||
21 | expressly permitted under the Wildlife Code, or while | ||||||
22 | traveling to or from a location authorized for this hunting | ||||||
23 | use under the Wildlife Code if the weapon is broken down in | ||||||
24 | a non-functioning state, or is not immediately accessible, | ||||||
25 | or is unloaded and enclosed in a firearm case, carrying | ||||||
26 | box, shipping box, or other similar portable container |
| |||||||
| |||||||
1 | designed for the safe transportation of firearms. | ||||||
2 | (12) The manufacture, transportation, possession, | ||||||
3 | sale, or rental of blank-firing assault weapons and .50 | ||||||
4 | caliber rifles, or the weapon's respective attachments, to | ||||||
5 | persons authorized or permitted, or both authorized and | ||||||
6 | permitted to acquire and possess these weapons or | ||||||
7 | attachments for the purpose of rental for use solely as | ||||||
8 | props for a motion picture, television, or video production | ||||||
9 | or entertainment event. | ||||||
10 | (i) Sentence. | ||||||
11 | (1) A person who knowingly delivers, sells, purchases, | ||||||
12 | or possesses or causes to be delivered, sold, purchased, or | ||||||
13 | possessed an assault weapon in violation of this Section | ||||||
14 | commits a Class 3 felony for a first violation and a Class | ||||||
15 | 2 felony for a second or subsequent violation or for the | ||||||
16 | possession or delivery of 2 or more of these weapons at the | ||||||
17 | same time. | ||||||
18 | (2) A person who knowingly delivers, sells, purchases, | ||||||
19 | or possesses or causes to be delivered, sold, purchased, or | ||||||
20 | possessed in violation of this Section an assault weapon | ||||||
21 | attachment commits a Class 4 felony for a first violation | ||||||
22 | and a Class 3 felony for a second or subsequent violation. | ||||||
23 | (3) A person who knowingly delivers, sells, purchases, | ||||||
24 | or possesses or causes to be delivered, sold, purchased, or | ||||||
25 | possessed in violation of this Section a .50 caliber rifle | ||||||
26 | commits a Class 3 felony for a first violation and a Class |
| |||||||
| |||||||
1 | 2 felony for a second or subsequent violation or for the | ||||||
2 | possession or delivery of 2 or more of these weapons at the | ||||||
3 | same time. | ||||||
4 | (4) A person who knowingly delivers, sells, purchases, | ||||||
5 | or possesses or causes to be delivered, sold, purchased, or | ||||||
6 | possessed in violation of this Section a .50 caliber | ||||||
7 | cartridge commits a Class A misdemeanor. | ||||||
8 | (5) Any other violation of this Section is a Class A | ||||||
9 | misdemeanor.
| ||||||
10 | (720 ILCS 5/24-1.10 new) | ||||||
11 | Sec. 24-1.10. Delivery or sale of large capacity ammunition | ||||||
12 | feeding devices. | ||||||
13 | (a) As used in this Section: | ||||||
14 | "Large capacity ammunition feeding device" means: | ||||||
15 | (1) a magazine, belt, drum, feed strip, or similar | ||||||
16 | device that has a capacity of, or that can be readily | ||||||
17 | restored or converted to accept, more than 10 rounds of | ||||||
18 | ammunition; or | ||||||
19 | (2) any combination of parts from which a device | ||||||
20 | described in paragraph (1) can be assembled. | ||||||
21 | "Large capacity ammunition feeding device" does not | ||||||
22 | include an attached tubular device designed to accept, and | ||||||
23 | capable of operating only with, .22 caliber rimfire ammunition. | ||||||
24 | "Large capacity ammunition feeding device" does not include a | ||||||
25 | tubular magazine
that is contained in a lever-action firearm or |
| |||||||
| |||||||
1 | any device that has been made permanently inoperable. | ||||||
2 | (b) Except as provided in subsection (c), it is unlawful | ||||||
3 | for any person within this State to knowingly deliver, sell, | ||||||
4 | purchase, or possess or cause to be delivered, sold, or | ||||||
5 | purchased a large capacity ammunition feeding device. | ||||||
6 | (c) This Section does not apply to or affect any of the | ||||||
7 | following: | ||||||
8 | (1) Peace officers as defined in Section 2-13 of this | ||||||
9 | Code. | ||||||
10 | (2) A local law enforcement agency for the purpose of | ||||||
11 | equipping the agency's peace officers as defined in | ||||||
12 | paragraph (1) of this subsection. | ||||||
13 | (3) Wardens, superintendents, and keepers of prisons, | ||||||
14 | penitentiaries, jails, and other institutions for the | ||||||
15 | detention of persons accused or convicted of an offense. | ||||||
16 | (4) Members of the Armed Services or Reserve Forces of | ||||||
17 | the United States or the Illinois National Guard, for the | ||||||
18 | performance of their official duties. | ||||||
19 | (5) Any company that employs armed security officers in | ||||||
20 | this State at a nuclear energy, storage, weapons, or | ||||||
21 | development site or facility regulated by the federal | ||||||
22 | Nuclear Regulatory Commission and persons employed as an | ||||||
23 | armed security force member at a nuclear energy, storage, | ||||||
24 | weapons, or development site or facility regulated by the | ||||||
25 | federal Nuclear Regulatory Commission who have completed | ||||||
26 | the background screening and training mandated by the rules |
| |||||||
| |||||||
1 | and regulations of the federal Nuclear Regulatory | ||||||
2 | Commission for the performance of their official duties. | ||||||
3 | (6) Sale of large capacity ammunition feeding devices | ||||||
4 | to persons authorized under subdivisions (1) through (5) of | ||||||
5 | this subsection (c) to possess those devices. | ||||||
6 | (7) Sale of large capacity ammunition feeding devices | ||||||
7 | for sale or transfer in another state. | ||||||
8 | (8) Sale or rental of large capacity ammunition feeding | ||||||
9 | devices for blank-firing assault weapons and .50 caliber | ||||||
10 | rifles, to persons authorized or permitted, or both | ||||||
11 | authorized and permitted to acquire these devices for the | ||||||
12 | purpose of rental for use solely as props for a motion | ||||||
13 | picture, television, or video production or entertainment | ||||||
14 | event. | ||||||
15 | (d) Sentence. A person who knowingly delivers, sells, | ||||||
16 | purchases, or causes to be delivered, sold, or purchased in | ||||||
17 | violation of this Section a large capacity ammunition feeding | ||||||
18 | device capable of holding more than 15 rounds of ammunition | ||||||
19 | commits a Class 3 felony for a first violation and a Class 2 | ||||||
20 | felony for a second or subsequent violation or for delivery or | ||||||
21 | possession of 2 or more of these devices at the same time. Any | ||||||
22 | other violation of this Section is a Class A misdemeanor.
| ||||||
23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law.
|