93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4897


 
Introduced 02/04/04, by Edward J. Acevedo
 
SYNOPSIS AS INTRODUCED:
 		













720 ILCS 5/24-1.7 new









    Amends the Criminal Code of 1961.  Prohibits the knowing manufacture,
delivery, and
possession of  a large capacity ammunition feeding device (a
magazine, belt, drum, feed strip, or similar device that has a capacity of, or
that can be readily restored  or converted to accept, more than 10 rounds of
ammunition and any combination  of parts from which such a device can be
assembled).  Establishes penalties for violations.  Requires a person who
possesses a large capacity ammunition
feeding device on the effective date of the amendatory Act, within 90 days
after that date,  to destroy the device, render the device permanently
inoperable,
relinquish
the device to a law enforcement agency, or remove the device from the
State.  Establishes as an affirmative defense to a violation, the delivery or
possession of a large capacity ammunition feeding device while in the
performance of their official duties by peace officers, correctional
institutional
employees and officials, and members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard.
















LRB093 15344 RLC 40946 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB4897

LRB093 15344 RLC 40946 b






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    AN ACT in relation to criminal law. 

 
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    Be it enacted by the People of the State of Illinois, 
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represented in the General Assembly: 


 
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    Section 5. The Criminal Code of 1961 is amended by adding 
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Section 24-1.7 as
follows:


 
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    (720 ILCS 5/24-1.7 new)

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    Sec. 24-1.7. Manufacture, possession, and delivery of 
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large capacity
ammunition feeding devices.

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    (a) As used in this Section:

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    "Large capacity ammunition feeding device" means:

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        (1) a magazine, belt, drum, feed strip, or similar 
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    device that has a
capacity of, or that can be readily 
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    restored or converted to accept, more than
10 rounds of 
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    ammunition; or

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        (2) any combination of parts from which a device 
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    described in
paragraph (1) can be assembled.

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    "Large capacity ammunition feeding device" does not 
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include an attached
tubular device designed to accept, and

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capable of operating only with, .22 caliber rimfire ammunition 
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or any device
that has been made permanently inoperable.

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    (b) Except as provided in subsection (c), it is unlawful 
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for any person
within this State, beginning 90 days after the 
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effective date of this
amendatory Act of the 93rd General 
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Assembly, to knowingly
manufacture, deliver, or possess or 
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cause to be manufactured, delivered, or
possessed, a large 
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capacity ammunition
feeding
device.

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    (c) Any person who
knowingly
possesses a large capacity 
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ammunition feeding device
on
the effective date of this 
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amendatory Act of the 93rd General Assembly
must, within 90 
30
days after the effective date of this amendatory Act of the

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93rd General Assembly, destroy the device, render it 
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permanently inoperable,
relinquish it to a law enforcement

 


 






HB4897
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LRB093 15344 RLC 40946 b




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agency, or remove it from this State.

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    (d) A person has an affirmative defense to an alleged 
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violation of
subsection (c) of this Section if he or she 
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lawfully possessed or delivered
the
large capacity ammunition 
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feeding device while
in the performance of his or her official 
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duties as a peace officer,
correctional
institution employee or 
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official, or member of the Armed Services or Reserve
Forces of 
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the United States or of the Illinois National Guard.

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    (e) Sentence.
A
person who possesses or delivers in 
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violation of this Section a large capacity
ammunition feeding 
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device capable of holding more than 17 rounds of ammunition

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commits a Class 3 felony for a first violation and a Class 2 
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felony for a
second or subsequent violation or for possession

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or delivery of 2 or more of these
devices
at the same time.  A 
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person who possesses or delivers in violation of this
Section a 
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large capacity ammunition feeding device capable of holding 
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more than
10 rounds but not more than 17 rounds of ammunition 
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commits a Class 4 felony
for a first violation and a Class 3 
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felony for a second or subsequent violation
or for possession 
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or delivery of more than one of these devices at the same
time.