100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2314
 
Introduced 1/24/2018, by Sen. Julie A. Morrison
 
SYNOPSIS AS INTRODUCED:






430 ILCS 65/13.1 from Ch. 38, par. 83-13.1

 Amends the Firearm Owners Identification Card Act. Provides that the regulation of the possession or ownership of assault weapons are exclusive powers and functions of each municipality (rather than this State). Eliminates existing preemption provision concerning the regulation of assault weapons.



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HOME RULE NOTE ACT MAY APPLY
 
 
A BILL FOR
 


SB2314LRB100 16691 SLF 31829 b



1 AN ACT concerning safety.


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

3represented in the General Assembly:



4 Section 5. The Firearm Owners Identification Card Act is 
5amended by changing Section 13.1 as follows:




6 (430 ILCS 65/13.1) (from Ch. 38, par. 83-13.1)



7 Sec. 13.1. Preemption. 

8 (a) Except as otherwise provided in the Firearm Concealed 
9Carry Act and subsections (b) and (c) of this Section, the 
10provisions of any ordinance enacted by any municipality which

11requires registration or imposes greater restrictions or 
12limitations on the
acquisition, possession and transfer of 
13firearms than are imposed by this
Act, are not invalidated or 
14affected by this Act.

15 (b) Notwithstanding subsection (a) of this Section, the 
16regulation, licensing, possession, and registration of 
17handguns and ammunition for a handgun, and the transportation 
18of any firearm and ammunition by a holder of a valid Firearm 
19Owner's Identification Card issued by the Department of State 
20Police under this Act are exclusive powers and functions of 
21this State. Any ordinance or regulation, or portion of that 
22ordinance or regulation, enacted on or before the effective 
23date of this amendatory Act of the 98th General Assembly that 
 
 
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1purports to impose regulations or restrictions on a holder of a 
2valid Firearm Owner's Identification Card issued by the 
3Department of State Police under this Act in a manner that is 
4inconsistent with this Act, on the effective date of this 
5amendatory Act of the 98th General Assembly, shall be invalid 
6in its application to a holder of a valid Firearm Owner's 
7Identification Card issued by the Department of State Police 
8under this Act.
9 (c) The Notwithstanding subsection (a) of this Section, the 
10regulation of the possession or ownership of assault weapons 
11are exclusive powers and functions of each municipality this 
12State. Any ordinance or regulation, or portion of that 
13ordinance or regulation, that purports to regulate the 
14possession or ownership of assault weapons in a manner that is 
15inconsistent with this Act, shall be invalid unless the 
16ordinance or regulation is enacted on, before, or within 10 
17days after the effective date of this amendatory Act of the 
1898th General Assembly. Any ordinance or regulation described in 
19this subsection (c) enacted more than 10 days after the 
20effective date of this amendatory Act of the 98th General 
21Assembly is invalid. An ordinance enacted on, before, or within 
2210 days after the effective date of this amendatory Act of the 
2398th General Assembly may be amended. The enactment or 
24amendment of ordinances under this subsection (c) are subject 
25to the submission requirements of Section 13.3. For the 
26purposes of this subsection, "assault weapons" means firearms 
 
 
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1designated by either make or model or by a test or list of 
2cosmetic features that cumulatively would place the firearm 
3into a definition of "assault weapon" under the ordinance.
4 (d) For the purposes of this Section, "handgun" has the 
5meaning ascribed to it in Section 5 of the Firearm Concealed 
6Carry Act. 
7 (e) This Section is a denial and limitation of home rule 
8powers and functions under subsection (h) of Section 6 of 
9Article VII of the Illinois Constitution. 
10(Source: P.A. 98-63, eff. 7-9-13.)