HB1060 94TH GENERAL ASSEMBLY

LRB094 05851 RLC 35905 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB1060

Introduced 2/4/2005, by Rep. Robin Kelly

SYNOPSIS AS INTRODUCED:

720 ILCS 5/Art. 24A heading new
720 ILCS 5/24A-1 new
720 ILCS 5/24A-5 new
720 ILCS 5/24A-10 new
720 ILCS 5/24A-15 new
720 ILCS 5/24A-20 new
720 ILCS 5/24A-25 new
720 ILCS 5/24A-30 new
720 ILCS 5/24A-35 new
720 ILCS 5/24A-40 new
720 ILCS 5/24A-45 new
720 ILCS 5/24A-50 new
720 ILCS 5/24A-55 new
720 ILCS 5/24A-60 new

Creates the Assault Weapons Control Law in the Criminal Code of 1961. Provides that any person who, within this State, manufactures or causes to be manufactured, distributes, transports, or imports into the State, keeps for sale, or offers or exposes for sale, or who gives or lends any assault weapon is guilty of a Class 2 felony. Provides that any person who, within this State, possesses any assault weapon is guilty of a Class A misdemeanor. Provides that a first violation of these provisions is a petty offense punishable by a fine not exceeding $500, if the person was found in possession of no more than 2 firearms and certain conditions are met. Permits the Director of State Police to obtain an order from the circuit court to have weapons that are prototypes or copies of the proscribed weapons to be declared assault weapons. Permits certain persons and entities to obtain a permit to possess or manufacture assault weapons.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

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

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

(720 ILCS 5/Art. 24A heading new)

ARTICLE 24A. ASSAULT WEAPONS CONTROL LAW

(720 ILCS 5/24A-1 new)

Sec. 24A-1. Short title. This Article may be cited as the Assault Weapons Control Law.

(720 ILCS 5/24A-5 new)

Sec. 24A-5. Legislative intent. The General Assembly hereby finds and declares that the proliferation and use of assault weapons poses a threat to the health, safety, and security of all citizens of this State. The General Assembly has restricted the assault weapons specified in Section 24A-10 based upon finding that each firearm has such a high rate of fire and capacity for firepower that its function as a legitimate sports or recreational firearm is substantially outweighed by the danger that it can be used to kill and injure human beings. It is the intent of the General Assembly in enacting this Article to place restrictions on the use of assault weapons and to establish a registration and permit procedure for their lawful sale and possession. It is not, however, the intent of the General Assembly by this Article to place restrictions on the use of those weapons that are primarily designed and intended for hunting, target practice, or other legitimate sports or recreational activities.

(720 ILCS 5/24A-10 new)

Sec. 24A-10. Assault weapon defined. As used in this Article, "assault weapon" means the following designated semiautomatic firearms:

(a) All of the following specified rifles:

(1) All AK series including, but not limited to, the models identified as follows:

(A) Made in China AK, AKM, AKS, AK47, AK47S, 56, 56S, 84S, and 86S.

(B) Norinco 56, 56S, 84S, and 86S.

(C) Poly Technologies AKS and AK47.

(D) MAADI AK47 and ARM.

(2) UZI and Galil.

(3) Beretta AR-70.

(4) CETME Sporter.

(5) Colt AR-15 series.

(6) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR110 C.

(7) Fabrique Nationale FAL, LAR, FNC, 308 Match, and Sporter.

(8) MAS 223.

(9) HK-91, HK-93, HK-94, and HK-PSG-1.

(10) The following MAC types:

(A) RPB Industries Inc. sM10 and sM11.

(B) SWD Incorporated M11.

(11) SKS with detachable magazine.

(12) SIG AMT, PE-57, SG 550, and SG 551.

(13) Springfield Armory BM59 and SAR-48.

(14) Sterling MK-6.

(15) Steyer AUG.

(16) Valmet M62S, M71S, and M78S.

(17) Armalite AR-180.

(18) Bushmaster Assault Rifle.

(19) Calico M-900.

(20) J&R ENG M-68.

(21) Weaver Arms Nighthawk.

(b) All of the following specified pistols:

(1) UZI.

(2) Encom MP-9 and MP-45.

(3) The following MAC types:

(A) RPB Industries Inc. sM10 and sM11.

(B) SWD Incorporated M-11.

(C) Advance Armament Inc. M-11.

(D) Military Armament Corp. Ingram M-11.

(4) Intratec TEC-9.

(5) Sites Spectre.

(6) Sterling MK-7.

(7) Calico M-950.

(8) Bushmaster Pistol.

(c) All of the following specified shotguns:

(1) Franchi SPAS 12 and LAW 12.

(2) Striker 12.

(3) The Streetsweeper type S/S Inc. SS/12.

(d) Any firearm declared by the court pursuant to Section 24A-20 to be an assault weapon that is specified as an assault weapon in a list promulgated pursuant to Section 24A-20.

(e) The term "series" includes all other models that are only variations, with minor differences, of those models listed in subdivision (a), regardless of the manufacturer.

(720 ILCS 5/24A-15 new)

Sec. 24A-15. Additional weapons.

(a) Notwithstanding Section 24A-10, "assault weapon" also means any of the following:

(1) A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and any one of the following:

(A) A pistol grip that protrudes conspicuously beneath the action of the weapon.

(B) A thumbhole stock.

(C) A folding or telescoping stock.

(D) A grenade launcher or flare launcher.

(E) A flash suppressor.

(F) A forward pistol grip.

(2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.

(3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.

(4) A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following:

(A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.

(B) A second handgrip.

(C) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning his or her hand, except a slide that encloses the barrel.

(D) The capacity to accept a detachable magazine at some location outside of the pistol grip.

(5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.

(6) A semiautomatic shotgun that has both of the following:

(A) A folding or telescoping stock.

(B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip.

(7) A semiautomatic shotgun that has the ability to accept a detachable magazine.

(8) Any shotgun with a revolving cylinder.

(b) The General Assembly finds a significant public purpose in exempting pistols that are designed expressly for use in Olympic target shooting events. Therefore, those pistols that are sanctioned by the International Olympic Committee and by USA Shooting, the national governing body for international shooting competition in the United States, and that are used for Olympic target shooting purposes at the time the act adding this subdivision is enacted, and that would otherwise fall within the definition of "assault weapon" pursuant to this Section are exempt, as provided in subdivision (c).

(c) "Assault weapon" does not include either of the following:

(1) Any antique firearm.

(2) Any of the following pistols, because they are consistent with the significant public purpose expressed in subdivision (b):

MANUFACTURER MODEL CALIBER

BENELLI MP90 .22LR BENELLI MP90 .32 S&W LONG BENELLI MP95 .22LR BENELLI MP95 .32 S&W LONG HAMMERLI 280 .22LR HAMMERLI 280 .32 S&W LONG HAMMERLI SP20 .22LR HAMMERLI SP20 .32 S&W LONG PARDINI GPO .22 SHORT PARDINI GP-SCHUMANN .22 SHORT PARDINI HP .32 S&W LONG PARDINI MP .32 S&W LONG PARDINI SP .22LR PARDINI SPE .22LR WALTHER GSP .22LR WALTHER GSP .32 S&W LONG WALTHER OSP .22 SHORT WALTHER OSP-2000 .22 SHORT

(3) The Department of State Police shall create a program that is consistent with the purposes stated in subdivision (b) to exempt new models of competitive pistols that would otherwise fall within the definition of "assault weapon" pursuant to this Section from being classified as an assault weapon. The exempt competitive pistols may be based on recommendations by USA Shooting consistent with the regulations contained in the USA Shooting Official Rules or may be based on the recommendation or rules of any other organization that the Department deems relevant.

(d) The following definitions shall apply under this Section:

(1) "Magazine" means any ammunition feeding device.

(2) "Capacity to accept more than 10 rounds" means capable of accommodating more than 10 rounds, but shall not be construed to include a feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds.

(3) "Antique firearm" means any firearm manufactured prior to January 1, 1899.

(e) This Section is operative on January 1, 2006.

(720 ILCS 5/24A-20 new)

Sec. 24A-20. Court order declaring weapon an assault weapon.

(a) Upon request by the Director of State Police filed in a verified petition in a circuit court of a county with a population of more than 1,000,000, the circuit court shall issue a declaration of temporary suspension of the manufacture, sale, distribution, transportation, or importation into the State, or the giving or lending of a firearm alleged to be an assault weapon within the meaning of Section 24A-10 because the firearm is either of the following:

(1) Another model by the same manufacturer or a copy by another manufacturer of an assault weapon listed in subdivision (a), (b), or (c) of Section 24A-10 that is identical to one of the assault weapons listed in those subdivisions except for slight modifications or enhancements including, but not limited to, a folding or retractable stock; adjustable sight; case deflector for left-handed shooters; shorter barrel; wooden, plastic or metal stock; larger magazine size; different caliber provided that the caliber exceeds .22 rimfire; or bayonet mount. The court shall strictly construe this paragraph so that a firearm which is merely similar in appearance but not a prototype or copy cannot be found to be within the meaning of this paragraph.

(2) A firearm first manufactured or sold to the general public in Illinois on or after January 1, 2006, that has been redesigned, renamed, or renumbered from one of the firearms listed in subdivision (a), (b), or (c) of Section 24A-10, or that is manufactured or sold by another company under a licensing agreement to manufacture or sell one of the firearms listed in subdivision (a), (b), or (c) of Section 24A-10, regardless of the company of production or distribution, or the country of origin.

(b) Upon the issuance of a declaration of temporary suspension by the circuit court and after the Director of State Police has completed the notice requirements of subdivisions (c) and (d), the provisions of subdivision (a) of Section 24A-25 apply with respect to those weapons.

(c) Upon declaration of temporary suspension, the Director of State Police shall immediately notify all police, sheriffs, State's Attorneys, and those requesting notice pursuant to subdivision (d), and inform industry and association publications for those who manufacture, sell, or use firearms, and shall publish notice in not less than 10 newspapers of general circulation in geographically diverse sections of the State of the fact that the declaration has been issued.

(d) The Director of State Police shall maintain a list of any persons who request to receive notice of any declaration of temporary suspension and shall furnish notice under subdivision (c) to all these persons immediately upon a circuit court declaration. Notice shall also be furnished by the Director of State Police by certified mail, return receipt requested (or substantial equivalent if the person who is to receive the notice resides outside the United States), to any known manufacturer and Illinois distributor of the weapon which is the subject of the temporary suspension order or their Illinois statutory agent for service. The notice shall be deemed effective upon mailing.

(e) After issuing a declaration of temporary suspension under this Section, the circuit court shall set a date for hearing on a permanent declaration that the weapon is an assault weapon. The hearing shall be set no later than 30 days from the date of issuance of the declaration of temporary suspension. The hearing may be continued for good cause thereafter. Any manufacturer or Illinois distributor of the weapon that is the subject of the temporary suspension order has the right, within 20 days of notification of the issuance of the order, to intervene in the action. Any manufacturer or Illinois distributor who fails to timely exercise its right of intervention, or any other person who manufacturers, sells, or owns the assault weapon may, in the court's discretion, thereafter join the action as amicus curiae.

(f) At the hearing, the burden of proof is upon the Director of State Police to show by a preponderance of evidence that the weapon which is the subject of the declaration of temporary suspension is an assault weapon. If the court finds the weapon to be an assault weapon, it shall issue a declaration that it is an assault weapon under Section 24A-10. Any party to the matter may appeal the court's decision. A declaration that the weapon is an assault weapon remains in effect during the pendency of the appeal unless ordered otherwise by the Appellate Court.

(g) The Director of State Police shall prepare a description for identification purposes, including a picture or diagram, of each assault weapon listed in Section 24A-10, and any firearm declared to be an assault weapon pursuant to this Section, and shall distribute the description to all law enforcement agencies responsible for enforcement of this Article. Those law enforcement agencies shall make the description available to all agency personnel.

(h) The Director of State Police shall promulgate a list that specifies all firearms designated as assault weapons in Section 24A-10 or declared to be assault weapons pursuant to this Section. The Director of State Police shall file that list with the Secretary of State for publication in the Illinois Register. Any declaration that a specified firearm is an assault weapon shall be implemented by the Director of State Police who, within 90 days, shall promulgate an amended list which shall include the specified firearm declared to be an assault weapon. The Director of State Police shall file the amended list with the Secretary of State for publication in the Illinois Register.

(i) The Director of State Police shall adopt those rules that may be necessary or proper to carry out the purposes and intent of this Article.

(720 ILCS 5/24A-25 new)

Sec. 24A-25. Violations.

(a)(1) Any person who, within this State, manufactures or causes to be manufactured, distributes, transports, or imports into the State, keeps for sale, or offers or exposes for sale, or who gives or lends any assault weapon, except as provided by this Article, is guilty of a Class 2 felony.

(2) In addition and consecutive to the punishment imposed under paragraph (1), any person who transfers, lends, sells, or gives any assault weapon to a minor in violation of paragraph (1) shall receive an additional term of imprisonment of one year.

(b) Any person who, within this State, possesses any assault weapon, except as provided in this Article, is guilty of a Class A misdemeanor. However, a first violation of these provisions is a petty offense punishable by a fine not exceeding $500, if the person was found in possession of no more than 2 firearms in compliance with subdivision (c) of Section 24A-30 and the person meets all of the following conditions:

(1) The person proves that he or she lawfully possessed the assault weapon prior to the date it was defined as an assault weapon pursuant to Section 24A-10, 24A-15, or 24A-20.

(2) The person has not previously been convicted of a violation of this Section.

(3) The person was found to be in possession of the assault weapon within one year following the end of the one-year registration period established pursuant to subdivision (a) of Section 24A-30.

(4) The person relinquished the firearm pursuant to Section 24A-40, in which case the assault weapon shall be destroyed pursuant to Section 24-6.

(c) A person who has registered an assault weapon under this Section may possess it only under any of the following:

(1) At that person's residence, place of business, or other property owned by that person, or on property owned by another with the owner's express permission.

(2) While on the premises of a target range of a public or private club or organization organized for the purpose of practicing shooting at targets.

(3) While on a target range that holds a regulatory or business license for the purpose of practicing shooting at that target range.

(4) While on the premises of a shooting club approved by the Department of State Police.

(5) While attending any exhibition, display, or educational project which is about firearms and which is sponsored by, conducted under the auspices of, or approved by a law enforcement agency or a nationally or state recognized entity that fosters proficiency in, or promotes education about, firearms.

(6) While on publicly owned land if the possession and use of a firearm described in this Article is specifically permitted by the managing agency of the land.

(7) While transporting the assault weapon between any of the places mentioned in this subdivision, or to any licensed gun dealer for servicing or repair pursuant to subdivision (b) of Section 24A-60, if the assault weapon is transported broken down in a nonfunctioning state or is immediately inaccessible.

(d) Notwithstanding any other provision of law, any person who commits another crime while violating this Section may receive an additional, consecutive punishment of one year for violating this Section, in addition and consecutive to the punishment, including enhancements, which is prescribed for the other crime.

(e) Subdivisions (a), (b), and (c) do not apply to the sale to, purchase by, importation of, or possession of assault weapons by the Department of State Police, police departments, sheriffs' offices, the Department of Corrections, State's Attorneys' offices, Department of Natural Resources, or the military or naval forces of this State or of the United States, or any federal law enforcement agency for use in the discharge of their official duties.

(f)(1) Subdivisions (b) and (c) do not prohibit the possession or use of assault weapons by sworn peace officer members of those agencies specified in subdivision (e) for law enforcement purposes, whether on or off duty.

(2) Subdivisions (a), (b), and (c) do not prohibit the delivery, transfer, or sale of an assault weapon to, or the possession of an assault weapon by, a sworn peace officer member of an agency specified in subdivision (e); provided that the peace officer is authorized by his or her employer to possess or receive the assault weapon. Required authorization is defined as verifiable written certification from the head of the agency, identifying the recipient or possessor of the assault weapon as a peace officer and authorizing him or her to receive or possess the specific assault weapon. For this exemption to apply, in the case of a peace officer who possesses or receives the assault weapon prior to the effective date of this amendatory Act of the 94th General Assembly, the officer shall register the assault weapon pursuant to Section 24A-30 on or before April 1, 2006; in the case of a peace officer who possesses or receives the assault weapon on or after January 1, 2006, the officer shall register the assault weapon pursuant to Section 24A-30 not later than 90 days after possession or receipt.

(3) Nothing in this Section shall be construed to limit or prohibit the delivery, transfer, or sale of an assault weapon to, or the possession of an assault weapon by, a member of a federal law enforcement agency provided that person is authorized by the employing agency to possess the assault weapon.

(g) Subdivision (b) does not apply to the possession of an assault weapon during the 90-day period immediately after the date it was specified as an assault weapon pursuant to Section 24A-20, or during the one-year period after the date it was defined as an assault weapon pursuant to Section 24A-15, if all of the following are applicable:

(1) The person is eligible under this Article to register the particular assault weapon.

(2) The person lawfully possessed the particular assault weapon prior to the date it was specified as an assault weapon pursuant to Section 24A-20, or prior to the date it was defined as an assault weapon pursuant to Section 24A-15.

(3) The person is otherwise in compliance with this Article.

(h) Subdivisions (a), (b), and (c) do not apply to the manufacture by persons who are issued permits pursuant to Section 24A-35 of assault weapons for sale to the following:

(1) Exempt entities listed in subdivision (e).

(2) Entities and persons who have been issued permits pursuant to Section 24A-30 or 24A-35.

(3) Entities outside the state who have, in effect, a federal firearms dealer's license solely for the purpose of distribution to an entity listed in paragraphs (4) to (6), inclusive.

(4) Federal military and law enforcement agencies.

(5) Law enforcement and military agencies of other states.

(6) Foreign governments and agencies approved by the United States State Department.

(i) Subdivision (a) does not apply to a person who is the executor or administrator of an estate that includes an assault weapon registered under Section 24A-30 or that was possessed pursuant to paragraph (1) of subdivision (f) which is disposed of as authorized by the circuit court, if the disposition is otherwise permitted by this Article.

(j) Subdivisions (b) and (c) do not apply to a person who is the executor or administrator of an estate that includes an assault weapon registered under Section 24A-30 or that was possessed pursuant to paragraph (1) of subdivision (f), if the assault weapon is possessed at a place set forth in paragraph (1) of subdivision (c) of this Section or as authorized by the circuit court.

(k) Subdivision (a) does not apply to:

(1) A person who lawfully possesses and has registered an assault weapon pursuant to this Article who lends that assault weapon to another if all the following apply:

(A) The person to whom the assault weapon is lent is 18 years of age or over and is not in a class of persons prohibited from possessing firearms by virtue of Sections 4 and 8 of the Firearm Owners Identification Card Act. The person to whom the assault weapon was lent remains in the presence of the registered possessor of the assault weapon.

(B) The assault weapon is possessed at any of the following locations:

(i) While on a target range that holds a regulatory or business license for the purpose of practicing shooting at that target range.

(ii) While on the premises of a target range of a public or private club or organization organized for the purpose of practicing shooting at targets.

(iii) While attending any exhibition, display, or educational project that is about firearms and that is sponsored by, conducted under the auspices of, or approved by a law enforcement agency or a nationally or state recognized entity that fosters proficiency in, or promotes education about, firearms.

(2) The return of an assault weapon to the registered possessor, or lawful possessor, which is lent by the same pursuant to paragraph (1).

(l) Subdivisions (b) and (c) do not apply to the possession of an assault weapon by a person to whom an assault weapon is lent pursuant to subdivision (k).

(m) Subdivisions (a), and (b), and (c) do not apply to the possession and importation of an assault weapon into this State by a nonresident if all of the following conditions are met:

(1) The person is attending or going directly to or coming directly from an organized competitive match or league competition that involves the use of an assault weapon.

(2) The competition or match is conducted on the premises of one of the following:

(A) A target range that holds a regulatory or business license for the purpose of practicing shooting at that target range.

(B) A target range of a public or private club or organization that is organized for the purpose of practicing shooting at targets.

(3) The match or competition is sponsored by, conducted under the auspices of, or approved by, a law enforcement agency or a nationally or state recognized entity that fosters proficiency in, or promotes education about, firearms.

(4) During transportation, the assault weapon is broken down in a nonfunctioning state or is not immediately accessible.

(5) The person is 18 years of age or over and is not in a class of persons prohibited from possessing firearms by virtue of Section 4 or 8 of the Firearm Owners Identification Card Act.

(n) Subdivisions (b) and (c) do not apply to any of the following persons:

(1) A person acting in accordance with Section 24A-35.

(2) A person who has a permit to possess an assault weapon issued pursuant to Section 24A-35 when he or she is acting in accordance with Section 24A-30 or 24A-35.

(o) Subdivisions (a), (b), and (c) do not apply to any of the following persons:

(1) A person acting in accordance with Section 24A-30.

(2) A person acting in accordance with Section 24A-35 or 24A-60.

(p) Subdivisions (b) and (c) do not apply to the registered owner of an assault weapon possessing that firearm in accordance with subdivision (c) of this Section.

(q) Subdivision (a) does not apply to the importation into this State of an assault weapon by the registered owner of that assault weapon, if it is in accordance with the provisions of subdivision (c) of this Section.

(r) As used in this Article, the date a firearm is "an assault weapon" is the earliest of the following:

(1) The effective date of an amendment to Section 24A-10 that adds the designation of the specified firearm.

(2) The effective date of the list promulgated pursuant to Section 24A-20 that adds or changes the designation of the specified firearm.

(3) The operative date of Section 24A-15, as specified in subdivision (e) of that Section.

(720 ILCS 5/24A-30 new)

Sec. 24A-30. Permits. Any person who lawfully acquired an assault weapon before the effective date of this amendatory Act of the 94th General Assembly and wishes to use it in a manner different than specified in subdivision (c) of Section 24A-25, who lawfully acquired an assault weapon between the effective date of this amendatory Act of the 94th General Assembly and January 1, 2007, and wishes to keep it after January 1, 2007, or who wishes to acquire an assault weapon after January 1, 2007 shall first obtain a permit from the Department of State Police in the same manner as specified in this Article.

(720 ILCS 5/24A-35 new)

Sec. 24A-35. Entities that may obtain permits.

(a) The Department of State Police may, upon a finding of good cause, issue permits for the manufacture or sale of assault weapons for the sale to, purchase by, or possession of assault weapons by, any of the following:

(1) The agencies listed in subdivision (e) of Section 24A-25, and the officers described in subdivision (f) of Section 24A-25.

(2) Entities and persons who have been issued permits pursuant to this Section or Section 24A-30.

(3) Entities outside the state who have, in effect, a federal firearms dealer's license solely for the purpose of distribution to an entity listed in paragraphs (4) to (6), inclusive.

(4) Federal law enforcement and military agencies.

(5) Law enforcement and military agencies of other states.

(6) Foreign governments and agencies approved by the United States State Department.

(b) Application for the permits, the keeping and inspection of those permits, and the revocation of permits shall be undertaken in the same manner as specified in the Firearm Owners Identification Card Act for the issuance of Firearm Owner's Identification Cards.

(720 ILCS 5/24A-40 new)

Sec. 24A-40. Relinquishment of assault weapons. Any individual may arrange in advance to relinquish an assault weapon to a police or sheriff's department. The assault weapon shall be transported broken down in a nonfunctioning State and not immediately accessible.

(720 ILCS 5/24A-45 new)

Sec. 24A-45. Broadcast of permit holders.

(a) No peace officer or dispatcher shall broadcast over a police radio that an individual has registered, or has obtained a permit to posses, an assault weapon pursuant to this Article, unless there exists a reason to believe in good faith that one of the following conditions shall exist:

(1) The individual has engaged, or may be engaged, in criminal conduct.

(2) The police responding to a call in which the person allegedly committing a criminal violation may gain access to the assault weapon.

(3) The victim, witness, or person who reported the alleged criminal violation may be using the assault weapon to hold the person allegedly committing the criminal violation or may be using the weapon in defense of himself, herself, or other persons.

(b) This Section does not prohibit a peace officer or dispatcher from broadcasting over a police radio that an individual has not registered, or has not obtained a permit to possess, an assault weapon pursuant to this Article.

(c) This Section does not limit the transmission of an assault weapon ownership status via law enforcement computers or any other medium that is legally accessible only to peace officers or other authorized personnel.

(720 ILCS 5/24A-50 new)

Sec. 24A-50. Public education program.

(a) The Department of State Police shall conduct a public education and notification program regarding the registration of assault weapons and the definition of the weapons set forth in Section 24A-15. The public education and notification program shall include outreach to local law enforcement agencies and utilization of public service announcements in a variety of media approaches, to ensure maximum publicity of the limited forgiveness period of the registration requirement specified in subdivision (f) of Section 24A-25 and the consequences of nonregistration. The Department shall develop posters describing gunowners' responsibilities under this Article which shall be posted in a conspicuous place in every licensed gun store in the state during the forgiveness period.

(b) Any costs incurred by the Department of State Police to implement this Section which cannot be absorbed by the Department shall be funded upon appropriation by the General Assembly.

(720 ILCS 5/24A-55 new)

Sec. 24A-55. Inspections.

(a) Except as provided in subdivision (b) the Department of State Police shall, for every person, firm, or corporation to whom a permit is issued pursuant to this Article, annually conduct an inspection for security and safe storage purposes, and to reconcile the inventory of assault weapons.

(b) A person, firm, or corporation with an inventory of fewer than five devices that require any Department of State Police permit shall be subject to an inspection for security and safe storage purposes, and to reconcile inventory, once every 5 years, or more frequently if determined by the Department.

(720 ILCS 5/24A-60 new)

Sec. 24A-60. Licensed gun dealers.

(a) Any licensed gun dealer, as defined in subdivision (c), who lawfully possesses an assault weapon pursuant to Section 24A-30, in addition to the uses allowed in Section 24A-30, may transport the firearm between dealers or out of the state if that person is permitted pursuant to the National Firearms Act, display it at any gun show licensed by a State or local governmental entity, sell it to a resident outside the State, or sell it to a person who has been issued a permit pursuant to Section 24A-35. Any transporting allowed by this Section must be broken down in a nonfunctioning state and not immediately accessible.

(b)(1) Any licensed gun dealer, as defined in subdivision (c), may take possession of any assault weapon for the purposes of servicing or repair from any person to whom it is legally registered or who has been issued a permit to possess it pursuant to this Article.

(2) Any licensed gun dealer, as defined in subdivision (c), may transfer possession of any assault weapon received pursuant to paragraph (l), to a gunsmith for purposes of accomplishing service or repair of the same. Transfers are permissible only to the following persons:

(A) A gunsmith who is in the dealer's employ.

(B) A gunsmith with whom the dealer has contracted for gunsmithing services. In order for this subparagraph to apply, the gunsmith receiving the assault weapon shall hold all of the following:

(i) A dealer's license issued pursuant to Article 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant to that Article.

(ii) Any business license required by a State or local governmental entity.

(c) The term "licensed gun dealer", as used in this Article, means a person who is licensed as a firearm dealer pursuant to Title 18 U.S.C., Section 923 and who has a permit to sell assault weapons.