101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2878
 
Introduced , by Rep. Martin J. Moylan
 
SYNOPSIS AS INTRODUCED:



720 ILCS 5/24-1.9 new
720 ILCS 5/24-1.10 new

 Amends the Criminal Code of 2012. Makes it unlawful to deliver, sell, or purchase or cause to be delivered, sold, or purchased or cause to be possessed by another, an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge. Makes it unlawful for any person to knowingly possess an assault weapon, .50 caliber rifle, or .50 caliber cartridge 300 days after the effective date of this amendatory Act, except possession of weapons registered with the State Police in the time provided. Provides exemptions and penalties. Prohibits delivery, sale, purchase or possession of large capacity ammunition feeding devices. Provides exemptions and penalties.



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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 


HB2878LRB101 07027 SLF 52063 b



1 AN ACT concerning criminal law.


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

3represented in the General Assembly:



4 Section 5. The Criminal Code of 2012 is amended by adding 
5Sections 24-1.9 and 24-1.10 as follows:

6 (720 ILCS 5/24-1.9 new)
7 Sec. 24-1.9. Possession, delivery, sale, and purchase of 
8assault weapons, .50 caliber rifles, and .50 caliber 
9cartridges.
10 (a) Definitions. In this Section:
11  (1) "Assault weapon" means: 
12   (A) any rifle that has a belt fed ammunition system 
13 or which has a detachable magazine capable of holding 
14 more than 10 rounds of ammunition;
15   (B) a semi-automatic rifle that has the ability to 
16 accept a detachable magazine and has any of the 
17 following:
18    (i) a folding or telescoping stock; or
19    (ii) a shroud that is attached to, or partially 
20 or completely encircles the barrel that permits 
21 the shooter to hold the firearm with the 
22 non-trigger hand without being burned;
23   (C) a semi-automatic pistol that has the ability to 
 
 
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1 accept a detachable magazine and has any of the 
2 following:
3    (i) a folding or telescoping stock;
4    (ii) a shroud that is attached to, or partially 
5 or completely encircles the barrel that permits 
6 the shooter to hold the firearm with the 
7 non-trigger hand without being burned; or
8    (iii) a manufactured weight of 50 ounces or 
9 more when the pistol is unloaded.
10   (D) a semi-automatic rifle with a fixed magazine 
11 that has the capacity to accept more than 10 rounds of 
12 ammunition;
13   (E) a semi-automatic shotgun that has:
14    (i) a folding or telescoping stock; and
15    (ii) contains its ammunition in a revolving 
16 cylinder; or 
17    (iii) a fixed magazine capacity in excess of 5 
18 rounds of ammunition, except as may be authorized 
19 under the Wildlife Code and excluding magazine 
20 extensions during the snow geese conservation 
21 order season; or
22    (iv) an ability to accept a detachable 
23 magazine of more than 5 rounds of ammunition.
24   "Assault weapon" does not include:
25   (A) any firearm that:
26    (i) is manually operated by bolt, pump, lever, 
 
 
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1 or slide action;
2    (ii) is an unserviceable firearm or has been 
3 made permanently inoperable;
4    (iii) is an antique firearm;
5    (iv) uses rimfire ammunition or cartridges;
or 
6    (iv) has been excluded as an assault weapon in 
7 a Department of Natural Resources rule. The 
8 Department of Natural Resources shall have the 
9 authority to adopt rules to further define 
10 exclusions of assault weapon types under this 
11 Section, provided the make, model, and caliber of 
12 the firearm excluded has a viable application to 
13 hunting game and conforms to accepted hunting 
14 principles of fair chase; 
15   (B) any air rifle as defined in Section 24.8-0.1 of 
16 this Code.
17 In this Section, a firearm is considered to have the 
18ability to accept a detachable magazine unless the magazine or 
19ammunition feeding device can only be removed through 
20disassembly of the firearm action. 
21  (2) "Assault weapon attachment" means any device 
22 capable of being attached to a firearm that is specifically 
23 designed for making or converting a firearm into any of the 
24 firearms listed in paragraph (1) of this subsection (a).
25  (3) "Antique firearm" has the meaning ascribed to it in 
26 18 U.S.C. 921 (a)(16).
 
 
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1  (4) ".50 caliber rifle" means a centerfire rifle 
2 capable of firing a .50 caliber cartridge. The term does 
3 not include any antique firearm, any shotgun including a 
4 shotgun that has a rifle barrel, or any muzzle-loader which 
5 uses black powder for hunting or historical re-enactments.
6  (5) ".50 caliber cartridge" means a cartridge in .50 
7 BMG caliber, either by designation or actual measurement, 
8 that is capable of being fired from a centerfire rifle. The 
9 term ".50 caliber cartridge" does not include any 
10 memorabilia or display item that is filled with a permanent 
11 inert substance or that is otherwise permanently altered in 
12 a manner that prevents ready modification for use as live 
13 ammunition or shotgun ammunition with a caliber 
14 measurement that is equal to or greater than .50 caliber.
15  (6) "Locking mechanism" means secured by a device or 
16 mechanism, other than the firearm safety, designed to 
17 render a firearm temporarily inoperable; or a box or 
18 container capable of containing the firearm and that can be 
19 securely locked. 
20 (b) The Department of State Police shall take all steps 
21necessary to carry out the requirements of this Section within 
22180 days after the effective date of this amendatory Act of the 
23101st General Assembly. 
24 (c) Except as provided in subsections (d), (e), (f), and 
25(h), on or after the effective date of this amendatory Act of 
26the 101st General Assembly, it is unlawful for any person 
 
 
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1within this State to knowingly deliver, sell, or purchase or 
2cause to be delivered, sold, or purchased or cause to be 
3possessed by another, an assault weapon, assault weapon 
4attachment, .50 caliber rifle, or .50 caliber cartridge.
5 (d) Except as otherwise provided in subsections (e), (f), 
6and (h), 300 days after the effective date of this amendatory 
7Act of the 101st General Assembly, it is unlawful for any 
8person within this State to knowingly possess an assault 
9weapon, .50 caliber rifle, or .50 caliber cartridge. 
10 (e) This Section does not apply to a person who possessed 
11an assault weapon or .50 caliber rifle prohibited by subsection 
12(d) of this Section before the effective date of this 
13amendatory Act of the 101st General Assembly, provided the 
14person has provided in a registration affidavit, under oath or 
15affirmation and in the form and manner prescribed by the 
16Department of State Police on or after 180 days after the 
17effective date of this amendatory Act of the 101st General 
18Assembly but within 300 days after the effective date of this 
19amendatory Act of the 101st General Assembly:
20  (1) his or her name;
21  (2) date of birth;
22  (3) Firearm Owner's Identification Card number;
23  (4) the make, model, caliber, and serial number of the 
24 weapon; and
25  (5) proof of a locking mechanism that properly fits the 
26 weapon. The affidavit shall include a statement that the 
 
 
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1 weapon is owned by the person submitting the affidavit and 
2 that he or she owns a locking mechanism for the weapon.
3 The affidavit form shall include the following statement 
4printed in bold type: "Warning: Entering false information on 
5this form is punishable as perjury under Section 32-2 of the 
6Criminal Code of 2012."
7 Beginning 300 days after the effective date of this 
8amendatory Act of the 101st General Assembly, the person may 
9transfer the assault weapon or .50 caliber rifle only to an 
10heir, an individual residing in another state maintaining it in 
11another state, or a dealer licensed as a federal firearms 
12dealer under Section 923 of the federal Gun Control Act of 
131968. Within 10 days after transfer of the weapon except to an 
14heir, the person shall notify the Department of State Police of 
15the name and address of the transferee and comply with the 
16requirements of subsection (b) of Section 3 of the Firearm 
17Owners Identification Card Act. The person to whom the weapon 
18is transferred shall, within 60 days of the transfer, complete 
19an affidavit and pay the required registration fee under this 
20Section. A person to whom the weapon is transferred may 
21transfer it only as provided in this subsection.
22 (f) This Section does not apply to a peace officer who has 
23retired in good standing from a law enforcement agency of this 
24State and who possesses an assault weapon or .50 caliber rifle 
25prohibited by subsection (d), if the weapon was lawfully 
26possessed and acquired by the peace officer prior to retirement 
 
 
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1and the retired peace officer within 30 days of retirement 
2registers the weapon with the Department of State Police and 
3pays the required registration fee under this Section. The 
4retired peace officer shall comply with the transfer and 
5notification requirements in subsection (e). 
6 (g) For the purpose of registration required under 
7subsections (e) and (f), the Department of State Police shall 
8assess a registration fee of $25 per person to the owner of an 
9assault weapon and $25 per person to the owner of a .50 caliber 
10rifle. The fees shall be deposited into the State Police 
11Firearm Services Fund. 
12 (h) This Section does not apply to or affect any of the 
13following:
14  (1) Peace officers as defined in Section 2-13 of this 
15 Code.
16  (2) Acquisition and possession by a local law 
17 enforcement agency for the purpose of equipping the 
18 agency's peace officers as defined in paragraph (1) of this 
19 subsection (h). 
20  (3) Wardens, superintendents, and keepers of prisons, 
21 penitentiaries, jails, and other institutions for the 
22 detention of persons accused or convicted of an offense.
23  (4) Members of the Armed Services or Reserve Forces of 
24 the United States or the Illinois National Guard, while in 
25 the performance of their official duties or while traveling 
26 to or from their place of duty.
 
 
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1  (5) Any company that employs armed security officers in 
2 this State at a nuclear energy, storage, weapons, or 
3 development site or facility regulated by the federal 
4 Nuclear Regulatory Commission and persons employed as an 
5 armed security force member at a nuclear energy, storage, 
6 weapons, or development site or facility regulated by the 
7 federal Nuclear Regulatory Commission who have completed 
8 the background screening and training mandated by the rules 
9 and regulations of the federal Nuclear Regulatory 
10 Commission and while in the performance of their official 
11 duties. 
12  (6) Manufacture, transportation, or sale of weapons, 
13 attachments, or ammunition to persons authorized under 
14 subdivisions (1) through (5) of this subsection (h) to 
15 possess those items.
16  (7) Manufacture, transportation, or sale of weapons, 
17 attachments, or ammunition for sale or transfer in another 
18 state. 
19  (8) Possession of any firearm if that firearm is 
20 sanctioned by the International Olympic Committee and by 
21 USA Shooting, the national governing body for 
22 international shooting competition in the United States, 
23 but only when the firearm is in the actual possession of an 
24 Olympic target shooting competitor or target shooting 
25 coach for the purpose of storage, transporting to and from 
26 Olympic target shooting practice or events if the firearm 
 
 
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1 is broken down in a non-functioning state, is not 
2 immediately accessible, or is unloaded and enclosed in a 
3 firearm case, carrying box, shipping box, or other similar 
4 portable container designed for the safe transportation of 
5 firearms, and when the Olympic target shooting competitor 
6 or target shooting coach is engaging in those practices or 
7 events. For the purposes of this paragraph (8), "firearm" 
8 is as defined in Section 1.1 of the Firearm Owners 
9 Identification Card Act.
10  (9) Any non-resident who transports, within 24 hours, a 
11 weapon for any lawful purpose from any place where he or 
12 she may lawfully possess and carry that weapon to any other 
13 place where he or she may lawfully possess and carry that 
14 weapon if, during the transportation the weapon is 
15 unloaded, and neither the weapon nor any ammunition being 
16 transported is readily accessible or is directly 
17 accessible from the passenger compartment of the 
18 transporting vehicle. Provided that, in the case of a 
19 vehicle without a compartment separate from the driver's 
20 compartment the weapon or ammunition shall be contained in 
21 a locked container other than the glove compartment or 
22 console. 
23  (10) Possession of a weapon at events taking place at 
24 the World Shooting and Recreational Complex at Sparta, only 
25 while engaged in the legal use of this weapon, or while 
26 traveling to or from this location if the weapon is broken 
 
 
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1 down in a non-functioning state, or is not immediately 
2 accessible, or is unloaded and enclosed in a firearm case, 
3 carrying box, shipping box, or other similar portable 
4 container designed for the safe transportation of 
5 firearms. 
6  (11) Possession of a weapon only for hunting use 
7 expressly permitted under the Wildlife Code, or while 
8 traveling to or from a location authorized for this hunting 
9 use under the Wildlife Code if the weapon is broken down in 
10 a non-functioning state, or is not immediately accessible, 
11 or is unloaded and enclosed in a firearm case, carrying 
12 box, shipping box, or other similar portable container 
13 designed for the safe transportation of firearms. 
14  (12) The manufacture, transportation, possession, 
15 sale, or rental of blank-firing assault weapons and .50 
16 caliber rifles, or the weapon's respective attachments, to 
17 persons authorized or permitted, or both authorized and 
18 permitted to acquire and possess these weapons or 
19 attachments for the purpose of rental for use solely as 
20 props for a motion picture, television, or video production 
21 or entertainment event. 
22 (i) Sentence.
23  (1) A person who knowingly delivers, sells, purchases, 
24 or possesses or causes to be delivered, sold, purchased, or 
25 possessed an assault weapon in violation of this Section 
26 commits a Class 3 felony for a first violation and a Class 
 
 
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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  (2) 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 an assault weapon 
7 attachment commits a Class 4 felony for a first violation 
8 and a Class 3 felony for a second or subsequent violation.
9  (3) A person who knowingly delivers, sells, purchases, 
10 or possesses or causes to be delivered, sold, purchased, or 
11 possessed in violation of this Section a .50 caliber rifle 
12 commits a Class 3 felony for a first violation and a Class 
13 2 felony for a second or subsequent violation or for the 
14 possession or delivery of 2 or more of these weapons at the 
15 same time.
16  (4) A person who knowingly delivers, sells, purchases, 
17 or possesses or causes to be delivered, sold, purchased, or 
18 possessed in violation of this Section a .50 caliber 
19 cartridge commits a Class A misdemeanor.
20  (5) Any other violation of this Section is a Class A 
21 misdemeanor.

22 (720 ILCS 5/24-1.10 new)
23 Sec. 24-1.10. Delivery or sale of large capacity ammunition 
24feeding devices.
25 (a) In this Section:
 
 
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1 "Large capacity ammunition feeding device" means:
2  (1) a magazine, belt, drum, feed strip, or similar 
3 device that has a capacity of, or that can be readily 
4 restored or converted to accept, more than 10 rounds of 
5 ammunition; or
6  (2) any combination of parts from which a device 
7 described in paragraph (1) can be assembled.
8 "Large capacity ammunition feeding device" does not 
9include an attached tubular device designed to accept, and 
10capable of operating only with, .22 caliber rimfire ammunition. 
11"Large capacity ammunition feeding device" does not include a 
12tubular magazine
that is contained in a lever-action firearm or 
13any device that has been made permanently inoperable.
14 (b) Except as provided in subsection (c), it is unlawful 
15for any person within this State to knowingly deliver, sell, 
16purchase, or possess or cause to be delivered, sold, or 
17purchased a large capacity ammunition feeding device.
18 (c) This Section does not apply to or affect any of the 
19following:
20  (1) Peace officers as defined in Section 2-13 of this 
21 Code.
22  (2) A local law enforcement agency for the purpose of 
23 equipping the agency's peace officers as defined in 
24 paragraph (1) of this subsection (c). 
25  (3) Wardens, superintendents, and keepers of prisons, 
26 penitentiaries, jails, and other institutions for the 
 
 
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1 detention of persons accused or convicted of an offense.
2  (4) Members of the Armed Services or Reserve Forces of 
3 the United States or the Illinois National Guard, for the 
4 performance of their official duties.
5  (5) Any company that employs armed security officers in 
6 this State at a nuclear energy, storage, weapons, or 
7 development site or facility regulated by the federal 
8 Nuclear Regulatory Commission and persons employed as an 
9 armed security force member at a nuclear energy, storage, 
10 weapons, or development site or facility regulated by the 
11 federal Nuclear Regulatory Commission who have completed 
12 the background screening and training mandated by the rules 
13 and regulations of the federal Nuclear Regulatory 
14 Commission for the performance of their official duties. 
15  (6) Sale of large capacity ammunition feeding devices 
16 to persons authorized under subdivisions (1) through (5) of 
17 this subsection (c) to possess those devices.
18  (7) Sale of large capacity ammunition feeding devices 
19 for sale or transfer in another state. 
20  (8) Sale or rental of large capacity ammunition feeding 
21 devices for blank-firing assault weapons and .50 caliber 
22 rifles, to persons authorized or permitted, or both 
23 authorized and permitted to acquire these devices for the 
24 purpose of rental for use solely as props for a motion 
25 picture, television, or video production or entertainment 
26 event. 
 
 
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1 (d) Sentence. A person who knowingly delivers, sells, 
2purchases, or causes to be delivered, sold, or purchased in 
3violation of this Section a large capacity ammunition feeding 
4device capable of holding more than 15 rounds of ammunition 
5commits a Class 3 felony for a first violation and a Class 2 
6felony for a second or subsequent violation or for delivery or 
7possession of 2 or more of these devices at the same time. Any 
8other violation of this Section is a Class A misdemeanor.