HB1465eng 100TH GENERAL ASSEMBLY

HB1465 Engrossed LRB100 03289 RLC 13294 b

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 2012 is amended by adding Sections 24-1.9 and 24-1.10 as follows:

(720 ILCS 5/24-1.9 new)

Sec. 24-1.9. Delivery or sale of assault weapons, assault weapon attachments, .50 caliber rifles, and .50 caliber cartridges to persons under 21 years of age prohibited; possession of assault weapons, assault weapon attachments, .50 caliber rifles, and .50 caliber cartridges by persons under 21 years of age prohibited.

(a) Definitions. In this Section:

(1) "Assault weapon" means:

(A) any rifle which has a belt fed ammunition system or which has a detachable magazine capable of holding more than 10 rounds of ammunition;

(B) a semi-automatic rifle that has the ability to accept a detachable magazine and has any of the following:

(i) a folding or telescoping stock; or

(ii) 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;

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

(i) a folding or telescoping stock;

(ii) 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; or

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

(D) a semi-automatic rifle with a fixed magazine that has the capacity to accept more than 10 rounds of ammunition; or

(E) a semi-automatic shotgun that has:

(i) a folding or telescoping stock; and

(ii) contains its ammunition in a revolving cylinder; or

(iii) a fixed magazine capacity in excess of 5 rounds of ammunition, except as may be authorized under the Wildlife Code and excluding magazine extensions during the snow geese conservation order season; or

(iv) an ability to accept a detachable magazine of more than 5 rounds of ammunition;

(F) a .50 caliber rifle centerfire rifle capable of firing a .50 caliber cartridge, not including any antique firearm, any shotgun including a shotgun that has a rifle barrel, or any muzzle-loader which uses black powder for hunting or historical re-enactments.

"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;

(iii) is an antique firearm;

(iv) uses rimfire ammunition or cartridges; or

(iv) has been excluded as an assault weapon in a Department of Natural Resources rule. The Department of Natural Resources shall have the authority to adopt rules to further define exclusions of assault weapon types under this Section, provided the make, model, and caliber of the firearm excluded has a viable application to hunting game and conforms to accepted hunting principles of fair chase.

(B) any air rifle as defined in Section 24.8-0.1 of this Code.

In this Section, a firearm is considered to have the ability to accept a detachable magazine unless the magazine or ammunition feeding device can only be removed through disassembly of the firearm action.

(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 this subsection (a).

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

(4) ".50 caliber cartridge" means a cartridge in .50 BMG caliber, either by designation or actual measurement, that is capable of being fired from a centerfire rifle, not including 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 or shotgun ammunition with a caliber measurement that is equal to or greater than .50 caliber.

(5) "Locking mechanism" means secured by a device or mechanism, other than the firearm safety, designed to render a firearm temporarily inoperable; or a box or container capable of containing the firearm and that can be securely locked.

(b) Except as provided in subsection (d) of this Section, on or after the effective date of this amendatory Act of the 100th General Assembly, it is unlawful for any person within this State to knowingly deliver or sell, or cause to be delivered or sold, an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge to any person under 21 years of age.

(c) Except as otherwise provided in subsection (d) of this Section, 90 days after the effective date of this amendatory Act of the 100th General Assembly, it is unlawful for any person under 21 years of age within this State to knowingly possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge.

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

(1) 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 or while traveling to or from their place of duty.

(2) Transportation, transfer, or sale of weapons, attachments, or ammunition for sale or transfer in another state.

(3) Possession of any firearm if that firearm is sanctioned by the International Olympic Committee or by USA Shooting, the national governing body for international shooting competition in the United States, but only when the firearm is in the actual possession of an Olympic target shooting competitor or target shooting coach for the purpose of storage, transporting to and from Olympic target shooting practice or events if the firearm is broken down in a non-functioning state, is not immediately accessible, or is unloaded and enclosed in a firearm case, carrying box, shipping box, or other similar portable container designed for the safe transportation of firearms, and when the Olympic target shooting competitor or target shooting coach is engaging in those practices or events.

(3.5) Possession of a firearm for the limited purpose of training for or participation in a sanctioned competitive shooting event supervised by a certified firearms instructor, if, while traveling to or from the location the firearm is broken down in a non-functioning state, is not immediately accessible, or is unloaded and enclosed in a firearm case, carrying box, shipping box, or other similar portable container designed for the safe transportation of firearms. In this paragraph (3.5), "sanctioned competitive shooting event" has the same meaning ascribed to the term in Section 1.1 of the Firearm Owners Identification Card Act.

(4) Any non-resident who transports, within 24 hours, a weapon for any lawful purpose from any place where he or she may lawfully possess and carry that weapon to any other place where he or she may lawfully possess and carry that weapon if, during the transportation the weapon is unloaded, and neither the weapon nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of the transporting vehicle. Provided that, in the case of a vehicle without a compartment separate from the driver's compartment the weapon or ammunition shall be contained in a locked container other than the glove compartment or console.

(5) Possession of a weapon at events taking place at the World Shooting and Recreational Complex at Sparta, only while engaged in the legal use of this weapon, or while traveling to or from this location if the weapon is broken down in a non-functioning state, or is not immediately accessible, or is unloaded and enclosed in a firearm case, carrying box, shipping box, or other similar portable container designed for the safe transportation of firearms.

(6) Possession of a weapon only for hunting use expressly permitted under the Wildlife Code, or while traveling to or from a location authorized for this hunting use under the Wildlife Code if the weapon is broken down in a non-functioning state, or is not immediately accessible, or is unloaded and enclosed in a firearm case, carrying box, shipping box, or other similar portable container designed for the safe transportation of firearms.

(7) The manufacture, transportation, possession, sale, or rental of blank-firing assault weapons and .50 caliber rifles, or the weapon's respective attachments, to persons authorized or permitted, or both authorized and permitted to acquire and possess these weapons or attachments for the purpose of rental for use solely as props for a motion picture, television, or video production or entertainment event.

(e) Sentence.

(1) A person who knowingly delivers, sells, or possesses or causes to be delivered or sold, in violation of this Section an assault weapon 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 knowingly delivers, sells, or possesses or causes to be delivered or sold, 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 knowingly delivers, sells, or possesses or causes to be delivered or sold, in violation of this Section a .50 caliber rifle 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.

(4) A person who knowingly delivers, sells, or possesses or causes to be delivered or sold, in violation of this Section a .50 caliber cartridge commits a Class A misdemeanor.

(720 ILCS 5/24-1.10 new)

Sec. 24-1.10. Delivery or sale of large capacity ammunition feeding devices to persons under 21 years of age prohibited.

(a) 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) of this subsection (a) 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 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) of this Section, it is unlawful for any person within this State to knowingly deliver or sell, or cause to be delivered or sold, a large capacity ammunition feeding device to a person under 21 years of age.

(b-5) Except as provided in subsection (c) of this Section, it is unlawful for any person under 21 years of age to possess a large capacity ammunition feeding device within this State.

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

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

(2) Sale of large capacity ammunition feeding devices for sale or transfer in another state.

(3) Sale or rental of large capacity ammunition feeding devices for blank-firing assault weapons and .50 caliber rifles, 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 knowingly delivers, sells, possesses, or causes to be delivered or sold, in violation of this Section a large capacity ammunition feeding device capable of holding more than 15 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 delivery or possession of 2 or more of these devices at the same time. Any other violation of this Section is a Class A misdemeanor.

Section 99. Effective date. This Act takes effect upon becoming law.