Sen. Antonio Muņoz
Filed: 5/9/2013
 
 


 




09800SB1002sam001LRB098 05244 RLC 45670 a



1
AMENDMENT TO SENATE BILL 1002 




2 AMENDMENT NO. ______. Amend Senate Bill 1002 by replacing 
3everything after the enacting clause with the following:


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

6 (720 ILCS 5/24-1.9 new)
7 Sec. 24-1.9. Possession, delivery, sale, and purchase of 
8large capacity ammunition feeding devices.
9 (a) As used in this Section:
10 "Large capacity ammunition feeding device" means:
11  (1) a magazine, belt, drum, feed strip, or similar 
12 device that has a capacity of, or that can be readily 
13 restored or converted to accept, more than 10 rounds of 
14 ammunition; or
15  (2) any combination of parts from which a device 
16 described in paragraph (1) can be assembled.
 
 
09800SB1002sam001- 2 -LRB098 05244 RLC 45670 a


1 "Large capacity ammunition feeding device" does not 
2include an attached tubular device designed to accept, and 
3capable of operating only with, .22 caliber rimfire ammunition 
4or any device that has been made permanently inoperable.
5 (b) Except as provided in subsection (c), it is unlawful 
6for any person within this State, beginning 90 days after the 
7effective date of this amendatory Act of the 98th General 
8Assembly, to knowingly deliver, sell, purchase, or possess or 
9cause to be delivered, sold, purchased, or possessed, a large 
10capacity ammunition feeding device.
11 (c) This Section does not apply to or affect any of the 
12following:
13  (1) Peace officers as defined in Section 2-13 of this 
14 Code and retired peace officers not otherwise prohibited 
15 from receiving a firearm, in possession of a large capacity 
16 ammunition feeding device transferred to the retired peace 
17 officer by his or her law enforcement agency upon 
18 retirement.
19  (2) Wardens, superintendents, and keepers of prisons, 
20 penitentiaries, jails, and other institutions for the 
21 detention of persons accused or convicted of an offense.
22  (3) Members of the Armed Services or Reserve Forces of 
23 the United States or the Illinois National Guard, while in 
24 the performance of their official duties or while traveling 
25 to or from their place of duty.
26  (4) Manufacture, transportation, or sale of large 
 
 
09800SB1002sam001- 3 -LRB098 05244 RLC 45670 a


1 capacity ammunition feeding devices to persons authorized 
2 under paragraphs (1) through (3) of this subsection to 
3 possess those items.
4  (5) Possession of a large capacity ammunition feeding 
5 device at events taking place at the World Shooting and 
6 Recreational Complex at Sparta, only while engaged in the 
7 legal use of the device, or while traveling to or from this 
8 location if the items are broken down in a non-functioning 
9 state, or are not immediately accessible, or are unloaded 
10 and enclosed in a case, firearm carrying box, shipping box, 
11 or other container.
12  (6) Possession of any large capacity ammunition 
13 feeding device if that large capacity ammunition feeding 
14 device is sanctioned by the International Olympic 
15 Committee and by USA Shooting, the national governing body 
16 for international shooting competition in the United 
17 States, but only when the large capacity ammunition feeding 
18 device is in the actual possession of an Olympic target 
19 shooting competitor or target shooting coach for the 
20 purpose of storage, transporting to and from Olympic target 
21 shooting practice or events if the device is broken down in 
22 a non-functioning state, is not immediately accessible, or 
23 is unloaded and enclosed in a case, firearm carrying box, 
24 shipping box, or other container, and when the Olympic 
25 target shooting competitor or target shooting coach is 
26 engaging in those practices or events.
 
 
09800SB1002sam001- 4 -LRB098 05244 RLC 45670 a


1  (7) Possession of a large capacity ammunition feeding 
2 device only for a hunting use expressly permitted under the 
3 Wildlife Code, or while traveling to or from a location 
4 authorized for hunting use under the Wildlife Code if the 
5 items are broken down in a non-functioning state, or are 
6 not immediately accessible, or are unloaded and enclosed in 
7 a case, firearm carrying box, shipping box, or other 
8 container.
9 (d) Sentence. A person who knowingly delivers, sells, 
10purchases, or possesses or causes to be delivered, sold, 
11purchased, or possessed in violation of this Section a large 
12capacity ammunition feeding device capable of holding more than 
1317 rounds of ammunition commits a Class 3 felony for a first 
14violation and a Class 2 felony for a second or subsequent 
15violation or for possession or delivery of 2 or more of these 
16devices at the same time. A person who knowingly delivers, 
17sells, purchases, or possesses or causes to be delivered, sold, 
18purchased, or possessed in violation of this Section a large 
19capacity ammunition feeding device capable of holding more than 
2010 rounds but not more than 17 rounds of ammunition commits a 
21Class 4 felony for a first violation and a Class 3 felony for a 
22second or subsequent violation or for possession or delivery of 
23more than one of these devices at the same time.


24 Section 99. Effective date. This Act takes effect upon 
25becoming law.".