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| 1 |  AN ACT concerning criminal law.
 | ||||||||||||||||||||||||||||
| 2 |  Be it enacted by the People of the State of Illinois,
 | ||||||||||||||||||||||||||||
| 3 | represented in the General Assembly:
 | ||||||||||||||||||||||||||||
| 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:
 | ||||||||||||||||||||||||||||
| 7 |  (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
 | ||||||||||||||||||||||||||||
| 8 |  Sec. 24-1. Unlawful use of weapons. 
 | ||||||||||||||||||||||||||||
| 9 |  (a) A person commits the offense of unlawful use of weapons  | ||||||||||||||||||||||||||||
| 10 | when
he knowingly:
 | ||||||||||||||||||||||||||||
| 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
 | ||||||||||||||||||||||||||||
| 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
 | ||||||||||||||||||||||||||||
| 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  | ||||||||||||||||||||||||||||
 
  | |||||||
  | |||||||
| 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
 | ||||||
| 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  | ||||||
 
  | |||||||
  | |||||||
| 1 |  Concealed Carry Act; or 
 | ||||||
| 2 |   (5) Sets a spring gun; or
 | ||||||
| 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,  | ||||||
 
  | |||||||
  | |||||||
| 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  | ||||||
 
  | |||||||
  | |||||||
| 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  | ||||||
 
  | |||||||
  | |||||||
| 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;  | ||||||
 
  | |||||||
  | |||||||
| 1 |  or
 | ||||||
| 2 |   (12) (Blank); or
 | ||||||
| 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  | ||||||
 
  | |||||||
  | |||||||
| 1 | Class 3 felony. The possession of each weapon in violation of  | ||||||
| 2 | this Section constitutes a single and separate violation.
 | ||||||
| 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  | ||||||
 
  | |||||||
  | |||||||
| 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  | ||||||
 
  | |||||||
  | |||||||
| 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  | ||||||
 
  | |||||||
  | |||||||
| 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  | ||||||
 
  | |||||||
  | |||||||
| 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.
 | ||||||