98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB6279
 
Introduced , by Rep. Brandon W. Phelps
 
SYNOPSIS AS INTRODUCED:






430 ILCS 65/13.1 from Ch. 38, par. 83-13.1

 Amends the Firearm Owners Identification Card Act. Provides that a unit of local government, including a home rule unit, may not assess any fee or tax on any firearm or firearm ammunition, other than a retailers' occupation tax imposed under the Home Rule County Retailers' Occupation Tax Law, the Home Rule Municipal Retailers' Occupation Tax Act, or
the Non-Home Rule Municipal Retailers' Occupation Tax Act. Provides that the assessment of fees or taxes on firearms or firearm ammunition, except as otherwise provided in this provision are exclusive powers and functions of the State. Provides that this provision is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution. Effective immediately.



LRB098 21650 RLC 60492 b


HOME RULE NOTE ACT MAY APPLY
 
 
A BILL FOR
 


HB6279LRB098 21650 RLC 60492 b



1 AN ACT concerning safety.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Firearm Owners Identification Card Act is 
5amended by changing Section 13.1 as follows:




6 (430 ILCS 65/13.1) (from Ch. 38, par. 83-13.1)



7 Sec. 13.1. Preemption. 

8 (a) Except as otherwise provided in the Firearm Concealed 
9Carry Act and subsections (b), and (c), and (c-5) of this 
10Section, the provisions of any ordinance enacted by any 
11municipality which
requires registration or imposes greater 
12restrictions or limitations on the
acquisition, possession and 
13transfer of firearms than are imposed by this
Act, are not 
14invalidated or affected by this Act.

15 (b) Notwithstanding subsection (a) of this Section, the 
16regulation, licensing, possession, and registration of 
17handguns and ammunition for a handgun, and the transportation 
18of any firearm and ammunition by a holder of a valid Firearm 
19Owner's Identification Card issued by the Department of State 
20Police under this Act are exclusive powers and functions of 
21this State. Any ordinance or regulation, or portion of that 
22ordinance or regulation, enacted on or before the effective 
23date of this amendatory Act of the 98th General Assembly that 
 
 
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1purports to impose regulations or restrictions on a holder of a 
2valid Firearm Owner's Identification Card issued by the 
3Department of State Police under this Act in a manner that is 
4inconsistent with this Act, on the effective date of this 
5amendatory Act of the 98th General Assembly, shall be invalid 
6in its application to a holder of a valid Firearm Owner's 
7Identification Card issued by the Department of State Police 
8under this Act.
9 (c) Notwithstanding subsection (a) of this Section, the 
10regulation of the possession or ownership of assault weapons 
11are exclusive powers and functions of this State. Any ordinance 
12or regulation, or portion of that ordinance or regulation, that 
13purports to regulate the possession or ownership of assault 
14weapons in a manner that is inconsistent with this Act, shall 
15be invalid unless the ordinance or regulation is enacted on, 
16before, or within 10 days after the effective date of this 
17amendatory Act of the 98th General Assembly. Any ordinance or 
18regulation described in this subsection (c) enacted more than 
1910 days after the effective date of this amendatory Act of the 
2098th General Assembly is invalid. An ordinance enacted on, 
21before, or within 10 days after the effective date of this 
22amendatory Act of the 98th General Assembly may be amended. The 
23enactment or amendment of ordinances under this subsection (c) 
24are subject to the submission requirements of Section 13.3. For 
25the purposes of this subsection, "assault weapons" means 
26firearms designated by either make or model or by a test or 
 
 
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1list of cosmetic features that cumulatively would place the 
2firearm into a definition of "assault weapon" under the 
3ordinance.
4 (c-5) Notwithstanding subsection (a) of this Section, a 
5unit of local government, including a home rule unit, may not 
6assess any fee or tax on any firearm or firearm ammunition, 
7other than a retailers' occupation tax imposed under the Home 
8Rule County Retailers' Occupation Tax Law, the Home Rule 
9Municipal Retailers' Occupation Tax Act, or
the Non-Home Rule 
10Municipal Retailers' Occupation Tax Act. The assessment of fees 
11or taxes on firearms or firearm ammunition, except as otherwise 
12provided in this subsection (c-5) are exclusive powers and 
13functions of the State. This subsection (c-5) is a denial and 
14limitation of home rule powers and functions under subsection 
15(h) of Section 6 of Article VII of the Illinois Constitution. 
16 (d) For the purposes of this Section, "handgun" has the 
17meaning ascribed to it in Section 5 of the Firearm Concealed 
18Carry Act. 
19 (e) This Section is a denial and limitation of home rule 
20powers and functions under subsection (h) of Section 6 of 
21Article VII of the Illinois Constitution. 
22(Source: P.A. 98-63, eff. 7-9-13.)



23 Section 99. Effective date. This Act takes effect upon 
24becoming law.