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| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4338 Introduced , by Rep. Kathleen Willis SYNOPSIS AS INTRODUCED:
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| 230 ILCS 15/1 | from Ch. 85, par. 2301 | 230 ILCS 15/4 | from Ch. 85, par. 2304 |
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Amends the Raffles and Poker Runs Act. Provides that no raffle, including, but not limited to, a raffle conducted by a law enforcement agency, statewide association the represents law enforcement officials, or government entity, may have an assault weapon as a prize. Defines terms.
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| | A BILL FOR |
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| | HB4338 | | LRB100 14889 MJP 29714 b |
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1 | | AN ACT concerning gaming.
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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 Raffles and Poker Runs Act is amended by |
5 | | changing Sections 1 and 4 as follows:
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6 | | (230 ILCS 15/1) (from Ch. 85, par. 2301)
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7 | | Sec. 1. Definitions. For the purposes of this Act the terms |
8 | | defined
in this Section have the meanings given them.
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9 | | "Antique firearm" means: |
10 | | (1) a firearm, including a firearm with a matchlock, |
11 | | flintlock, percussion cap, or similar type of ignition |
12 | | system, manufactured in or before 1898; or |
13 | | (2) a replica of a firearm described in paragraph (1) |
14 | | of this definition if such replica is not designed or |
15 | | redesigned for using rimfire or conventional centerfire |
16 | | fixed ammunition, or uses rimfire or conventional |
17 | | centerfire fixed ammunition which is no longer |
18 | | manufactured in the United States and which is not readily |
19 | | available in the ordinary channels of commercial trade. |
20 | | "Assault weapon" means: |
21 | | (1) a semi-automatic rifle that has the capacity to |
22 | | accept a large-capacity magazine, detachable or otherwise, |
23 | | and one or more of the following: |
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1 | | (A) only a pistol grip without a stock attached; |
2 | | (B) a feature capable of functioning as a |
3 | | protruding grip that can be held by the non-trigger |
4 | | hand; |
5 | | (C) a folding, telescoping, or thumbhole stock; |
6 | | (D) a shroud attached to the barrel, or that |
7 | | partially or completely encircles the barrel, allowing |
8 | | the bearer to hold the firearm with the non-trigger |
9 | | hand without being burned, but excluding a slide that |
10 | | encloses the barrel; or |
11 | | (E) a muzzle brake or muzzle compensator; |
12 | | (2) a semi-automatic pistol or a semi-automatic rifle |
13 | | that has a fixed magazine, that has the capacity to accept |
14 | | more than 10 rounds of ammunition; |
15 | | (3) a semi-automatic pistol that has the capacity to |
16 | | accept a detachable magazine and has one or more of the |
17 | | following: |
18 | | (A) a feature capable of functioning as a |
19 | | protruding grip that can be held by the non-trigger |
20 | | hand; |
21 | | (B) a folding, telescoping, or thumbhole stock; |
22 | | (C) a shroud attached to the barrel, or that |
23 | | partially or completely encircles the barrel, allowing |
24 | | the bearer to hold the firearm with the non-trigger |
25 | | hand without being burned, but excluding a slide that |
26 | | encloses the barrel; |
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1 | | (D) a muzzle brake or muzzle compensator; or |
2 | | (E) the capacity to accept a detachable magazine at |
3 | | some location outside of the pistol grip; |
4 | | (4) a semi-automatic shotgun that has one or more of |
5 | | the following: |
6 | | (A) only a pistol grip without a stock attached; |
7 | | (B) a feature capable of functioning as a |
8 | | protruding grip that can be held by the non-trigger |
9 | | hand; |
10 | | (C) a folding, telescoping, or thumbhole stock; |
11 | | (D) a fixed magazine capacity in excess of 5 |
12 | | rounds; |
13 | | (E) an ability to accept a detachable magazine; or |
14 | | (F) a grenade, flare, or rocket launcher; |
15 | | (5) a shotgun with a revolving cylinder; |
16 | | (6) a conversion kit, part, or combination of parts, |
17 | | from which an assault weapon can be assembled if those |
18 | | parts are in the possession or under the control of the |
19 | | same person; or |
20 | | (7) the assault weapon models identified as follows: |
21 | | (A) the following rifles or copies or duplicates |
22 | | thereof: |
23 | | (i) AK, AKM, AKS, AK-47, AK-74, ARM, MAK90, |
24 | | Misr, NHM 90, NHM 91, SA 85, SA 93, VEPR, Rock |
25 | | River Arms LAR-47, Vector Arms AK-47, VEPR, |
26 | | WASR-10, WUM, MAADI, Norinco 56S, 56S2, 84S, and |
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1 | | 86S; |
2 | | (ii) AR-10; |
3 | | (iii) AR-15, Bushmaster XM15, Bushmaster |
4 | | Carbon 15, Bushmaster ACR, Bushmaster MOE series, |
5 | | Armalite M15, Armalite M15-T, and Olympic Arms |
6 | | PCR; |
7 | | (iv) AR70; |
8 | | (v) Calico Liberty; |
9 | | (vi) Dragunov SVD Sniper Rifle or Dragunov |
10 | | SVU; |
11 | | (vii) Fabrique National FN/FAL, FN/LAR, or |
12 | | FNC; |
13 | | (viii) Hi-Point Carbine; |
14 | | (ix) HK-91, HK-93, HK-94, HK-USC, and |
15 | | HK-PSG-1; |
16 | | (x) Kel-Tec Sub Rifle, Kel-Tec Sub-2000, |
17 | | SU-16, and RFB; |
18 | | (xi) Saiga; |
19 | | (xii) SAR-8, SAR-4800; |
20 | | (xiii) KS with detachable magazine; |
21 | | (xiv) SLG 95; |
22 | | (xv) SLR 95 or 96; |
23 | | (xvi) Steyr AUG; |
24 | | (xvii) Sturm, Ruger Mini-14, and Sturm, Ruger & |
25 | | Co. SR556; |
26 | | (xviii) Tavor; |
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1 | | (xix) all Thompson rifles, including Thompson |
2 | | 1927, Thompson M1, Thompson M1SB, Thompson T1100D, |
3 | | Thompson T150D, Thompson T1B, Thompson T1B100D, |
4 | | Thompson T1B50D, Thompson T1BSB, Thompson T1-C, |
5 | | Thompson T1D, Thompson T1SB, Thompson T5, Thompson |
6 | | T5100D, Thompson TM1, Thompson TM1C, and Thompson |
7 | | 1927 Commando; |
8 | | (xx) Uzi, Galil and Uzi Sporter, Galil |
9 | | Sporter, or Galil Sniper Rifle (Galatz); |
10 | | (xxi) Barret REC7, Barrett M82A1, Barrett |
11 | | M107A1; |
12 | | (xxii) Colt Match Target Rifles; |
13 | | (xxiii) Double Star AR Rifles; |
14 | | (xxiv) DPMS Tactical Rifles; |
15 | | (xxv) Heckler & Koch MR556; |
16 | | (xxvi) Remington R-15 Rifles; |
17 | | (xxvii) Rock River Arms LAR-15; |
18 | | (xxviii) Sig Sauer SIG516 Rifles, SIG AMT, SIG |
19 | | PE 57, Sig Saucer SG 550, and Sig Saucer SG 551; |
20 | | (xxix) Smith & Wesson M&P15; |
21 | | (xxx) Stag Arms AR; |
22 | | (xxxi) Baretta CX4 Storm; |
23 | | (xxxii) CETME Sporter; |
24 | | (xxxiii) Daewoo K-1, K-2, Max 1, Max 2, AR 100, |
25 | | and AR 110C; |
26 | | (xxxiv) Fabrique Nationale/FN Herstal FAL, |
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1 | | LAR, 22 FNC, 308 Match, L1A1 Sporter, PS90, SCAR, |
2 | | and FS2000; |
3 | | (xxxv) Feather Industries AT-9; |
4 | | (xxxvi) Galil Model AR and Model ARM; |
5 | | (xxxvii) Springfield Armory SAR-48; |
6 | | (xxxviii) Steyr AUG; |
7 | | (xxxix) UMAREX UZI Rifle; |
8 | | (xl) UZI Mini Carbine, UZI Model A Carbine, and |
9 | | UZI Model B Carbine; |
10 | | (xli) Valmet M62S. M71S, and M78; |
11 | | (xlii) Vector Arms UZI Type; |
12 | | (xliii) Weaver Arms Nighthawk; and |
13 | | (xliv) Wilkinson Arms Linda Carbine; |
14 | | (B) the following handguns, pistols, or copies or |
15 | | duplicates thereof: |
16 | | (i) all AK-47 types, including Centurion 39 AK |
17 | | handgun, Draco AK-47 handgun, HCR AK-47 handgun, |
18 | | 10 Inc. Hellpup, AK-47 handgun, Krinkov handgun, |
19 | | Mini Draco AK-47 handgun, and Yugo Krebs Krink |
20 | | handgun; |
21 | | (ii) all AR-15 types, including American |
22 | | Spirit AR-15 handgun, Bushmaster Carbon 15 |
23 | | handgun, DoubleStar Corporation AR handgun, DPMS |
24 | | AR-15 handgun, Olympic Arms AR-15 handgun, and |
25 | | Rock River Arms LAR 15 handgun; |
26 | | (iii) Calico Liberty handguns; |
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1 | | (iv) DSA SA58 PKP FAL handgun; |
2 | | (v) Encom MP-9 and MP-45; |
3 | | (vi) Heckler & Koch model SP-89 handgun; |
4 | | (vii) Intratec AB-10, TEC-22 Scorpion, TEC-9, |
5 | | and TEC-DC9; |
6 | | (viii) Kel-Tec PLR 16 handgun; |
7 | | (ix) MAC-IO, MAC-11, Masterpiece Arms MPA A930 |
8 | | Mini Pistol, MPA460 Pistol, MPA Tactical Pistol, |
9 | | MPA 3, and MPA Mini Tactical Pistol; |
10 | | (x) Military Armament Corp. Ingram M-11 and |
11 | | Velocity Arms VMAC; |
12 | | (xi) Sig Sauer P556 handgun; |
13 | | (xii) Sites Spectre; |
14 | | (xiii) all Thompson types, including the |
15 | | Thompson TA510D and Thompson TA5; |
16 | | (xiv) Olympic Arms OA; |
17 | | (xv) TEC-9, TEC-DC9, TEC-22 Scorpion, or |
18 | | AB-10; and |
19 | | (xvi) all UZI types, including Micro-UZI; |
20 | | (C) the following shotguns or copies or duplicates |
21 | | thereof: |
22 | | (i) Armscor 30 BG; |
23 | | (ii) SPAS 12 or LAW 12; |
24 | | (iii) Striker 12; |
25 | | (iv) Streetsweeper; and |
26 | | (v) all IZHMASH Saiga 12 types, including the |
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1 | | IZHMASH Saiga 12, IZHMASH Saiga 12S, IZHMASH Saiga |
2 | | 12S EXP-01, IZHMASH Saiga 12K, IZHMASH Saiga |
3 | | 12K-030, and IZHMASH Saiga 12K-040 Taktika; and |
4 | | (D) all belt-fed semi-automatic firearms, |
5 | | including TNWM2HB. |
6 | | "Assault weapon" does not include a firearm that has been |
7 | | made permanently inoperable, an antique firearm, or a weapon |
8 | | designed for Olympic target shooting events. |
9 | | "Belt-fed semi-automatic firearm" means a repeating |
10 | | firearm that: (i) utilizes a portion of the energy of a firing |
11 | | cartridge to extract the fired cartridge case and chamber the |
12 | | next round; (ii) requires a separate pull of the trigger to |
13 | | fire each cartridge; and (iii) has the capacity to accept a |
14 | | belt ammunition feeding device. |
15 | | "Detachable magazine" means an ammunition feeding device, |
16 | | the function of which is to deliver one or more ammunition |
17 | | cartridges into the firing chamber, which can be removed from |
18 | | the firearm without the use of any tool, including a bullet or |
19 | | ammunition cartridge. |
20 | | "Grenade, flare, or rocket launcher" means an attachment |
21 | | for use on a firearm that is designed to propel a grenade, |
22 | | flare, rocket, or other similar destructive device. |
23 | | "Net proceeds" means the gross receipts from the conduct of |
24 | | raffles, less
reasonable sums expended for prizes, local |
25 | | license fees and other reasonable
operating expenses incurred |
26 | | as a result of operating a raffle or poker run.
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1 | | "Key location" means the location where the poker run |
2 | | concludes and the prize or prizes are awarded. |
3 | | "Large-capacity magazine" means an ammunition feeding |
4 | | device with the capacity to accept more than 10 rounds, but |
5 | | shall not be construed to include the following: |
6 | | (1) A feeding device that has been permanently altered |
7 | | so that it cannot accommodate more than 10 rounds. |
8 | | (2) A 22-caliber tube ammunition feeding device. |
9 | | (3) A tubular magazine that is contained in a |
10 | | lever-action firearm. |
11 | | "Muzzle brake" means a device attached to the muzzle of a |
12 | | weapon that utilizes escaping gas to reduce recoil. |
13 | | "Muzzle compensator" means a device attached to the muzzle |
14 | | of a weapon that utilizes escaping gas to control muzzle |
15 | | movement. |
16 | | "Net proceeds" means the gross receipts from the conduct of |
17 | | raffles, less
reasonable sums expended for prizes, local |
18 | | license fees and other reasonable
operating expenses incurred |
19 | | as a result of operating a raffle or poker run. |
20 | | "Poker run" means a prize-awarding event organized by an |
21 | | organization licensed under this Act in which participants |
22 | | travel to multiple predetermined locations, including a key |
23 | | location, to play a randomized game based on an element of |
24 | | chance. "Poker run" includes dice runs, marble runs, or other |
25 | | events where the objective is to build the best hand or highest |
26 | | score by obtaining an item or playing a randomized game at each |
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1 | | location. |
2 | | "Raffle" means a form of lottery, as defined in Section |
3 | | 28-2(b) of the
Criminal Code of 2012, conducted by an |
4 | | organization licensed under this Act, in which:
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5 | | (1) the player pays or agrees to pay something of value |
6 | | for a chance,
represented and differentiated by a number or |
7 | | by a combination of numbers
or by some other medium, one or |
8 | | more of which chances is to be designated
the winning |
9 | | chance;
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10 | | (2) the winning chance is to be determined through a |
11 | | drawing or by some
other method based on an element of |
12 | | chance by an act or set of acts on the
part of persons |
13 | | conducting or connected with the lottery, except that the
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14 | | winning chance shall not be determined by the outcome of a |
15 | | publicly exhibited
sporting contest.
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16 | | "Raffle" does not include a savings promotion raffle |
17 | | authorized under Section 5g of the Illinois Banking Act, |
18 | | Section 7008 of the Savings Bank Act, Section 42.7 of the |
19 | | Illinois Credit Union Act, Section 5136B of the National Bank |
20 | | Act (12 U.S.C. 25a), or Section 4 of the Home Owners' Loan Act |
21 | | (12 U.S.C. 1463). |
22 | | "Rocket" means a simple or complex tube-like device |
23 | | containing combustibles that on being ignited liberate gases |
24 | | whose action propels the device through the air and has a |
25 | | propellant charge of not more than 4 ounces. |
26 | | (Source: P.A. 98-644, eff. 6-10-14; 99-149, eff. 1-1-16; |
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1 | | 99-405, eff. 8-19-15; 99-642, eff. 7-28-16.)
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2 | | (230 ILCS 15/4) (from Ch. 85, par. 2304)
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3 | | Sec. 4. Conduct of raffles and poker runs.
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4 | | (a) The conducting of raffles and poker runs is subject to |
5 | | the following restrictions:
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6 | | (1) The entire net proceeds of any raffle or poker run |
7 | | must be exclusively devoted
to the lawful purposes of the |
8 | | organization permitted to conduct that game.
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9 | | (2) No person except a bona fide member of the |
10 | | sponsoring organization
may participate in the management |
11 | | or operation of the raffle or poker run.
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12 | | (3) No person may receive any remuneration or profit |
13 | | for participating
in the management or operation of the |
14 | | raffle or poker run.
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15 | | (4) A licensee may rent a premises on which to |
16 | | determine the winning
chance or chances in a raffle only |
17 | | from an organization which is also licensed
under this Act. |
18 | | A premises where a poker run is held is not required to |
19 | | obtain a license if the name and location of the premises |
20 | | is listed as a predetermined location on the license issued |
21 | | for the poker run and the premises does not charge for use |
22 | | of the premises.
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23 | | (5) Raffle chances may be sold or issued only within |
24 | | the area specified
on the license and winning chances may |
25 | | be determined only at those locations
specified on the |
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1 | | license for a raffle.
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2 | | (6) A person under the age of 18 years may participate |
3 | | in the conducting
of raffles or chances or poker runs only |
4 | | with the permission of a parent or guardian.
A person under |
5 | | the age of 18 years may be within the area where winning |
6 | | chances in a raffle or winning hands or scores in a poker |
7 | | run
are being determined only when accompanied by his |
8 | | parent or guardian.
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9 | | (7) No raffle, including, but not limited to, a raffle |
10 | | conducted by a law enforcement agency, statewide |
11 | | association that represents law enforcement officials, or |
12 | | government |
| | entity, may have an assault weapon as a prize. |
13 | | (b) If a lessor rents premises where a winning chance or |
14 | | chances on a
raffle or a winning hand or score in a poker run is |
15 | | determined, the lessor shall not be criminally liable if the
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16 | | person who uses the premises for the determining of winning |
17 | | chances does not
hold a license issued by the governing body of |
18 | | any county or municipality
under the provisions of this Act.
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19 | | (Source: P.A. 98-644, eff. 6-10-14.)
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