HB2414ham001 94TH GENERAL ASSEMBLY

Rep. Edward J. Acevedo

Filed: 4/6/2005

09400HB2414ham001 LRB094 09150 RLC 44469 a

AMENDMENT TO HOUSE BILL 2414

AMENDMENT NO. ______. Amend House Bill 2414 by replacing everything after the enacting clause with the following:

"Section 5. The Criminal Code of 1961 is amended by adding Sections 24-1.7 and 24-1.8 as follows:

(720 ILCS 5/24-1.7 new)

Sec. 24-1.7. Manufacture, possession, and delivery of semiautomatic assault weapons, assault weapon attachments and 50 caliber rifles.

(a) Definitions. In this Section:

(1) "Semi-automatic assault weapon" means:

(A) any of the firearms or types, replicas, or duplicates in any caliber of the firearms, known as:

(i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models);

(ii) Action Arms Israeli Military Industries UZI and Galil;

(iii) Beretta AR-70 (SC-70);

(iv) Colt AR-15;

(v) Fabrique Nationale FN/FAL, FN/LAR, and FNC;

(vi) SWD M-10, M-11, M-11/9, and M-12;

(vii) Steyr AUG;

(viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and

(ix) any shotgun which contains its ammunition in a revolving cylinder, such as (but not limited to) the Street Sweeper and Striker 12;

(B) a semiautomatic rifle that has an ability to accept a detachable magazine and has any of the following:

(i) a folding or telescoping stock;

(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon; or

(iii) a flash suppressor or barrel having a threaded muzzle;

(C) a semi-automatic pistol that has an ability to accept a detachable magazine and has any of the following:

(i) an ammunition magazine that attaches to the pistol outside of the pistol grip;

(ii) a barrel having a threaded muzzle;

(iii) a shroud that is attached to, or partially or completely encircles the barrel, and that permits the shooter to hold the firearm with the non-trigger hand without being burned;

(iv) a manufactured weight of 50 ounces or more when the pistol is unloaded; or

(v) a semiautomatic version of an automatic firearm;

(D) a semiautomatic shotgun that has any of the following:

(i) a folding or telescoping stock;

(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;

(iii) a fixed magazine capacity in excess of 5 rounds; or

(iv) an ability to accept a detachable magazine.

"Semiautomatic assault weapon" does not include:

(A) any firearm that:

(i) is manually operated by bolt, pump, lever or slide action;

(ii) is an "unserviceable firearm" or has been made permanently inoperable; or

(iii) is an antique firearm;

(B) any semiautomatic rifle that cannot accept a detachable magazine that holds more than 5 rounds of ammunition; or

(C) any semiautomatic shotgun that cannot hold more than 5 rounds of ammunition in a fixed or detachable magazine.

(2) "Assault weapon attachment" means any device capable of being attached to a firearm that is specifically designed for making or converting a firearm into any of the firearms listed in paragraph (1) of subsection (b) of this Section.

(3) "Antique firearm" has the meaning ascribed to it in 18 U.S.C. Section 921(a)(16).

(4) "50 caliber rifle" means a centerfire rifle capable of firing a 50 caliber cartridge. The term does not include any antique firearm, as defined in 18 U.S.C. Section 921(a)(16).

(5) "50 caliber cartridge" means a cartridge in 50 caliber, either by designation or actual measurement, including but not limited to a .50 BMG cartridge, that is capable of being fired from a centerfire rifle. The term "50 caliber cartridge" does not include any memorabilia or display item that is filled with a permanent inert substance or that is otherwise permanently altered in a manner that prevents ready modification for use as live ammunition.

(b) Except as provided in subsection (d), 90 days after the effective date of this amendatory Act of the 94th General Assembly, it is unlawful for any person within this State, to knowingly manufacture, deliver, sell, purchase, or possess or cause to be manufactured, delivered, sold, purchased, or possessed, a semiautomatic assault weapon, an assault weapon attachment, or any 50 caliber rifle.

(c) Any person who knowingly possesses a semiautomatic assault weapon, assault weapon attachment, or any 50 caliber rifle must, within 90 days after the effective date of this amendatory Act of the 94th General Assembly, destroy the weapon or attachment, render it permanently inoperable, relinquish it to a law enforcement agency, or remove it from this State.

(d) This Section does not apply to or affect any of the following:

(1) Peace officers while in performance of their official duties.

(2) Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense.

(3) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard, while in the performance of their official duties.

(4) Manufacture, transportation, or sale of weapons, attachments, or cartridges to persons authorized under subdivisions (1) through (3) of this subsection to possess those items, if the items are broken down in a non-functioning state or are not immediately accessible.

(e) Sentence.

(1) A person who manufactures, possesses, or delivers a semiautomatic assault weapon in violation of this Section commits a Class 3 felony for a first violation and a Class 2 felony for a second or subsequent violation or for the possession or delivery of 2 or more of these weapons at the same time.

(2) A person who possesses or delivers in violation of this Section an assault weapon attachment commits a Class 4 felony for a first violation and a Class 3 felony for a second or subsequent violation.

(3) A person who manufactures, possesses, or delivers in violation of this Section a 50 caliber rifle commits a Class 4 felony.

(720 ILCS 5/24-1.8 new)

Sec. 24-1.8. Manufacture, possession, and delivery of large capacity ammunition feeding devices.

(a) As used in this Section:

"Large capacity ammunition feeding device" means:

(1) 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; or

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

"Large capacity ammunition feeding device" does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition or any device that has been made permanently inoperable.

(b) Except as provided in subsection (d), it is unlawful for any person within this State, beginning 90 days after the effective date of this amendatory Act of the 94th General Assembly, to knowingly manufacture, deliver, sell, purchase, or possess or cause to be manufactured, delivered, sold, purchased, or possessed, a large capacity ammunition feeding device.

(c) Any person who knowingly possesses a large capacity ammunition feeding device on the effective date of this amendatory Act of the 94th General Assembly must, within 90 days after the effective date of this amendatory Act of the 94th General Assembly, destroy the device, render it permanently inoperable, relinquish it to a law enforcement agency, or remove it from this State.

(d) This Section does not apply to or affect any of the following:

(1) Peace officers while in performance of their official duties.

(2) Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense.

(3) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard, while in the performance of their official duties.

(4) Manufacture, transportation, or sale of large capacity ammunition feeding devices to persons authorized under subdivisions (1) through (3) of this subsection to possess those devices, if the devices are broken down in a non-functioning state or are not immediately accessible.

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