HB1156ham012 98TH GENERAL ASSEMBLY

Rep. Michael J. Zalewski

Filed: 3/18/2013

09800HB1156ham012 LRB098 08476 MRW 43192 a

AMENDMENT TO HOUSE BILL 1156

AMENDMENT NO. ______. Amend House Bill 1156, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Criminal Code of 2012 is amended by adding Section 24-1.10 as follows:

(720 ILCS 5/24-1.10 new)

Sec. 24-1.10. Delivery, sale, receipt, transfer, purchase, or possession of large capacity ammunition feeding device.

(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. "Large capacity ammunition feeding device" does not include a tubular magazine that is contained in a lever-action firearm or any device that has been made permanently inoperable.

(b) Except as provided in subsection (c), it is unlawful for any person within this State to knowingly deliver, sell, receive, transfer, purchase, or cause to be delivered, sold, received, transferred, purchased, or possessed a large capacity ammunition feeding device.

(b-5) Except as provided in subsections (b-10) and (c), 270 days after the effective date of this amendatory Act of the 98th General Assembly, it is unlawful for any person within this State to knowingly possess a large capacity ammunition feeding device.

(b-10) This Section does not apply to a person who possessed a large capacity ammunition feeding device prohibited by subsection (b-5) of this Section before the effective date of this amendatory Act of the 98th General Assembly, provided that the person has provided in a registration affidavit, under oath or affirmation and in the form and manner prescribed by the Department of State Police, his or her name, date of birth, and Firearm Owner's Identification Card Number, on or after 180 days after the effective date of this amendatory Act of the 98th General Assembly but within 270 days after the effective date of this amendatory Act of the 98th General Assembly. The affidavit shall include a statement that the large capacity ammunition feeding device is owned by the person submitting the affidavit. Each affidavit form shall include the following statement printed in bold type: "Warning: Entering false information on this form is punishable as perjury under Section 32-2 of the Criminal Code of 2012.". Beginning 270 days after the effective date of this amendatory Act of the 98th General Assembly, the person may transfer the large capacity ammunition feeding device 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 device, 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 person to whom the device is transferred shall, within 60 days of the transfer, complete an affidavit. A person to whom the device is transferred may transfer the device only as provided in this subsection.

(c) Exemptions. This Section does not apply to or affect any of the following:

(1) Peace officers as defined in Section 2-13 of the Criminal Code of 2012.

(2) Acquisition and possession by a local law enforcement agency for the purpose of equipping the agency's peace officers as defined in paragraph (1) of this subsection.

(3) Wardens, superintendents, and keepers of prisons, penitentiaries, jails, and other institutions for the detention of persons accused or convicted of an offense, for the performance of their official duties.

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

(5) Any company that employs armed security officers in this State at a nuclear energy, storage, weapons, or development site or facility regulated by the federal Nuclear Regulatory Commission and persons employed as an armed security force member at a nuclear energy, storage, weapons, or development site or facility regulated by the federal Nuclear Regulatory Commission who have completed the background screening and training mandated by the rules and regulations of the federal Nuclear Regulatory Commission for the performance of their official duties.

(6) Manufacture, transportation, or sale of large capacity ammunition feeding devices to persons authorized under paragraphs (1) through (5) of this subsection (c) to possess those devices.

(7) Manufacture, transportation, or sale of large capacity ammunition feeding devices for sale or transfer in another state.

(8) Sale or rental of large capacity ammunition feeding devices for blank-firing prohibited weapons to persons authorized or permitted, or both authorized and permitted, to acquire these devices for the purpose of rental for use solely as props for a motion picture, television, or video production or entertainment event.

(d) Sentence. A person who possesses a large capacity ammunition feeding device in violation of this Section commits a Class A misdemeanor for a first violation and a Class 4 felony for a second or subsequent violation. A person who delivers, sells, receives, transfers, purchases, or causes to be delivered, sold, received, transferred, purchased, or possessed a large capacity ammunition feeding device in violation of this Section commits a Class 4 felony for a first violation and a Class 3 felony for a second or subsequent violation.".