HB1263sam006 97TH GENERAL ASSEMBLY

Sen. Antonio Muņoz

Filed: 1/2/2013

09700HB1263sam006 LRB097 07183 JWD 73022 a

AMENDMENT TO HOUSE BILL 1263

AMENDMENT NO. ______. Amend House Bill 1263, AS AMENDED, with reference to page and line numbers of Senate Amendment No. 5, by replacing lines 8 through 26 of page 11 and lines 1 through 8 of page 12 with the following:

"(a-5) The Department of State Police shall take all steps necessary to carry out the requirements of this Section within 150 days after the effective date of this amendatory Act of the 97th General Assembly.

(b) Except as otherwise provided in subsections (c) and (d), 240 days after the effective ate of this amendatory Act of the 97th General Assembly, it is unlawful for any person within this State to knowingly possess a semi-automatic assault weapon, an assault weapon attachment, a .50 caliber rifle, or a .50 caliber cartridge.

(c) This Section does not apply to a person who possessed a semi-automatic assault weapon, an assault weapon attachment, a .50 caliber rifle, or a .50 caliber cartridge prohibited by subsection (b-5) before the effective date of this amendatory Act of the 97th General Assembly provided that the person has provided proof of ownership, his or her name, and other identifying information, as the Department of State Police may direct, including, but not limited to, the individual's Firearm Owner's Identification Card number and the description and serial number (if any) of each weapon or attachment, to the Department of State Police, as required by the Department, on or after 150 days after the effective date of this amendatory Act of the 97th General Assembly but within 240 days after the effective date of this amendatory Act of the 97th General Assembly. Beginning 240 days after the effective date of this amendatory Act of the 97th General Assembly, the person may transfer the semi-automatic assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge only to an heir, an individual residing in another state maintaining that device in another state, or a dealer licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968. Within 10 days after transfer of the semi-automatic assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge, the person shall notify the Department of State Police of the name and address of the transferee and comply with the requirements of subsection (b) of Section 3 of the Firearm Owners Identification Card Act. The Department shall promulgate any rules it may deem necessary to carry out the provisions of this subsection, and may utilize emergency rule making under Section 5-45 of the Illinois Administrative Procedure Act in its initial implementation of the provisions of this subsection only.

(c-5) For the purpose of receiving and processing the information required to be submitted under subsection (c), the Department of State Police shall charge a registration fee of $10 per semi-automatic assault weapon or assault weapon attachment, and $15 per .50 caliber rifle. The fees collected under this subsection shall be deposited into the LEADS Maintenance Fund. "; and

by replacing lines 19 through 26 of page 13 and lines 1 through 8 of page 12 with the following:

"(8) The possession of a semi-automatic assault weapon only for a hunting use expressly permitted under the Wildlife Code, or while traveling to or from a location authorized for such hunting use under the Wildlife Code if the weapon is broken down in a"; and

on page 14, line 12 by changing "(10)" to "(9)"; and

on page 18, by replacing lines 14 and 15 with the following:

"Section 99. Effective date. This Act takes effect July 1, 2013.".