98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB3560

Introduced 2/14/2014, by Sen. Kwame Raoul

SYNOPSIS AS INTRODUCED:

See Index

Amends the Freedom of Information Act. Exempts assault weapon registration affidavits. Amends the State Police Act. Authorizes emergency procurement for an assault weapon registration system. Amends the Firearm Owners Identification Card Act. Raises penalty for failure to keep a firearm transfer record. Amends the Criminal Code of 2012. Provides that after the effective date, it is unlawful to knowingly deliver, sell, or purchase a semi-automatic assault weapon, attachment, .50 caliber rifle, or .50 caliber cartridge. Prohibits possession of these weapons and attachments, 270 days after the effective date. Allows possession of a weapon or attachment possessed before the effective date if the person provides a registration affidavit. Provides that a retired peace officer may possess a weapon or attachment, if lawfully acquired and possessed prior to retirement and a registration affidavit filed. Provides that the person or retired peace officer may only transfer the weapon or attachment to an heir, an individual residing in another state, or a licensed federal firearms dealer. Establishes registration fees. Provides that 60 days after the effective date, it is unlawful to knowingly deliver, sell, purchase, or possess a large capacity ammunition feeding device. Provides exemptions and penalties. Raises gunrunning penalties. Provides that a person who possesses or acquires a handgun, semi-automatic assault weapon, assault weapon attachment, .50 caliber rifle, .50 caliber cartridge, or large capacity ammunition feeding device and later loses or has it stolen, must report the loss or theft to law enforcement. Provides severability. Effective immediately.

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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning criminal law.

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

3 represented in the General Assembly:

4 Section 5. The Freedom of Information Act is amended by

5 changing Section 7.5 as follows:

6 (5 ILCS 140/7.5)

7 Sec. 7.5. Statutory Exemptions. To the extent provided for

8 by the statutes referenced below, the following shall be exempt

9 from inspection and copying:

10 (a) All information determined to be confidential under

11 Section 4002 of the Technology Advancement and Development Act.

12 (b) Library circulation and order records identifying

13 library users with specific materials under the Library Records

14 Confidentiality Act.

15 (c) Applications, related documents, and medical records

16 received by the Experimental Organ Transplantation Procedures

17 Board and any and all documents or other records prepared by

18 the Experimental Organ Transplantation Procedures Board or its

19 staff relating to applications it has received.

20 (d) Information and records held by the Department of

21 Public Health and its authorized representatives relating to

22 known or suspected cases of sexually transmissible disease or

23 any information the disclosure of which is restricted under the

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1 Illinois Sexually Transmissible Disease Control Act.

2 (e) Information the disclosure of which is exempted under

3 Section 30 of the Radon Industry Licensing Act.

4 (f) Firm performance evaluations under Section 55 of the

5 Architectural, Engineering, and Land Surveying Qualifications

6 Based Selection Act.

7 (g) Information the disclosure of which is restricted and

8 exempted under Section 50 of the Illinois Prepaid Tuition Act.

9 (h) Information the disclosure of which is exempted under

10 the State Officials and Employees Ethics Act, and records of

11 any lawfully created State or local inspector general's office

12 that would be exempt if created or obtained by an Executive

13 Inspector General's office under that Act.

14 (i) Information contained in a local emergency energy plan

15 submitted to a municipality in accordance with a local

16 emergency energy plan ordinance that is adopted under Section

17 11-21.5-5 of the Illinois Municipal Code.

18 (j) Information and data concerning the distribution of

19 surcharge moneys collected and remitted by wireless carriers

20 under the Wireless Emergency Telephone Safety Act.

21 (k) Law enforcement officer identification information or

22 driver identification information compiled by a law

23 enforcement agency or the Department of Transportation under

24 Section 11-212 of the Illinois Vehicle Code.

25 (l) Records and information provided to a residential

26 health care facility resident sexual assault and death review

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1 team or the Executive Council under the Abuse Prevention Review

2 Team Act.

3 (m) Information provided to the predatory lending database

4 created pursuant to Article 3 of the Residential Real Property

5 Disclosure Act, except to the extent authorized under that

6 Article.

7 (n) Defense budgets and petitions for certification of

8 compensation and expenses for court appointed trial counsel as

9 provided under Sections 10 and 15 of the Capital Crimes

10 Litigation Act. This subsection (n) shall apply until the

11 conclusion of the trial of the case, even if the prosecution

12 chooses not to pursue the death penalty prior to trial or

13 sentencing.

14 (o) Information that is prohibited from being disclosed

15 under Section 4 of the Illinois Health and Hazardous Substances

16 Registry Act.

17 (p) Security portions of system safety program plans,

18 investigation reports, surveys, schedules, lists, data, or

19 information compiled, collected, or prepared by or for the

20 Regional Transportation Authority under Section 2.11 of the

21 Regional Transportation Authority Act or the St. Clair County

22 Transit District under the Bi-State Transit Safety Act.

23 (q) Information prohibited from being disclosed by the

24 Personnel Records Review Act.

25 (r) Information prohibited from being disclosed by the

26 Illinois School Student Records Act.

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1 (s) Information the disclosure of which is restricted under

2 Section 5-108 of the Public Utilities Act.

3 (t) All identified or deidentified health information in

4 the form of health data or medical records contained in, stored

5 in, submitted to, transferred by, or released from the Illinois

6 Health Information Exchange, and identified or deidentified

7 health information in the form of health data and medical

8 records of the Illinois Health Information Exchange in the

9 possession of the Illinois Health Information Exchange

10 Authority due to its administration of the Illinois Health

11 Information Exchange. The terms "identified" and

12 "deidentified" shall be given the same meaning as in the Health

13 Insurance Accountability and Portability Act of 1996, Public

14 Law 104-191, or any subsequent amendments thereto, and any

15 regulations promulgated thereunder.

16 (u) Records and information provided to an independent team

17 of experts under Brian's Law.

18 (v) Names , affidavit, and information of people who have:

19 (1) applied for or received Firearm Owner's

20 Identification Cards under the Firearm Owners

21 Identification Card Act or applied for or received a

22 concealed carry license under the Firearm Concealed Carry

23 Act, unless otherwise authorized by the Firearm Concealed

24 Carry Act; and databases under the Firearm Concealed Carry

25 Act, records of the Concealed Carry Licensing Review Board

26 under the Firearm Concealed Carry Act, and law enforcement

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1 agency objections under the Firearm Concealed Carry Act; or

2 (2) provided a registration affidavit to the

3 Department of State Police for a weapon, attachment, or

4 device under Section 24-1.9 or 24-1.10 of the Criminal Code

5 of 2012.

6 (w) Personally identifiable information which is exempted

7 from disclosure under subsection (g) of Section 19.1 of the

8 Toll Highway Act.

9 (x) Information which is exempted from disclosure under

10 Section 5-1014.3 of the Counties Code or Section 8-11-21 of the

11 Illinois Municipal Code.

12 (y) Confidential information under the Adult Protective

13 Services Act and its predecessor enabling statute, the Elder

14 Abuse and Neglect Act, including information about the identity

15 and administrative finding against any caregiver of a verified

16 and substantiated decision of significant abuse, neglect, or

17 financial exploitation of an eligible adult maintained in the

18 Department of Public Health's Health Care Worker Registry.

19 (z) Records and information provided to an at-risk adult

20 fatality review team or the Illinois At-Risk Adult Fatality

21 Review Team Advisory Council under Section 15 of the Adult

22 Protective Services Act.

23 (Source: P.A. 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342,

24 eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13; 98-49,

25 eff. 7-1-13; 98-63, eff. 7-9-13; revised 7-23-13.)

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1 Section 10. The State Police Act is amended by adding

2 Section 24 as follows:

3 (20 ILCS 2610/24 new)

4 Sec. 24. Assault weapons and large ammunition feeding

5 device registration eligibility verification system vendor

6 contract.

7 (a) For the purposes of this Section, "Department" means

8 the Department of State Police.

9 (b) Because of the urgent need to protect the public safety

10 from firearm violence, the Department shall enter into a

11 contract or contracts with one or more third-party entities to

12 provide the services as set forth in subsection (c) of this

13 Section. Any of these procurements by the Department to perform

14 functions related to this Section shall be deemed to be

15 emergency purchases necessary to prevent or minimize serious

16 disruption in critical State services that affect public

17 safety. The procurement of this contract or contracts shall be

18 conducted in accordance with the emergency purchase provisions

19 prescribed in Section 20-30 of the Illinois Procurement Code.

20 However, the term of these emergency contracts shall not be

21 limited to 90 days but may be for an initial term of up to 2

22 years. In procuring any emergency contract or contracts, (i)

23 the State Procurement Officer, in consultation with the

24 Department, shall cause a notice to be posted to the Illinois

25 Procurement Bulletin of the Department's intent to procure, a

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1 description of the anticipated contract objectives, and the

2 duties and responsibilities of any third-party entity; (ii) the

3 Department may invite an interested third-party entity or

4 entities to one or more meetings to discuss the procurement,

5 the contents thereof, and the scope of the procurement, and to

6 answer questions; (iii) the interested third-party entity or

7 entities shall be invited to submit their solutions in writing;

8 (iv) the Department shall select the third-party entity or

9 entities whose solutions best fit the Department's needs as

10 described by the Department in the notice posted to the

11 Illinois Procurement Bulletin and shall enter into

12 negotiations with one or more to settle on final duties and

13 responsibilities and the price for the final contract or

14 contracts; and (v) the State Purchasing Officer, in

15 consultation with the Department, shall cause any award to be

16 posted to the Illinois Procurement Bulletin. The provisions

17 prescribed in Section 50-39 of the Illinois Procurement Code do

18 not apply to any emergency purchases procured under this

19 Section. Notwithstanding any other provision of the Illinois

20 Procurement Code to the contrary, any amendments to any

21 contract or contracts that the Chief Procurement Officer, in

22 consultation with the Department, determines are necessary to

23 implement this Section shall be deemed to be within the scope

24 of the emergency purchases allowed under this Section and under

25 Section 20-30 of the Illinois Procurement Code.

26 (c) No later than 60 days after the effective date of this

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1 amendatory Act of the 98th General Assembly, the Department, in

2 consultation with the Chief Procurement Officer, shall conduct

3 and complete any procurement necessary to procure a vendor to

4 create, implement, and administer a registration eligibility

5 verification system for semi-automatic assault weapons,

6 assault weapon attachments, .50 caliber rifles, .50 caliber

7 cartridges, and large capacity ammunition feeding devices as

8 provided in Sections 24-1.9 and 24-1.10 of the Criminal Code of

9 2012 and as required by the Department. The registration

10 eligibility verification system must ensure the firearms and

11 devices are registered to persons with valid Firearm Owner's

12 Identification cards whom may lawfully possess the weapons,

13 attachments, or devices. Notwithstanding any other provision

14 of the Illinois Procurement Code to the contrary:

15 (1) The procurement may include procurement of a vendor

16 to assist the Department in conducting the procurement.

17 This vendor shall be precluded from working on any contract

18 awarded under this subsection (c).

19 (2) The Department, in consultation with the Chief

20 Procurement Officer, shall negotiate final contract terms

21 with a vendor selected by the Department and within 30 days

22 of selection of a registration eligibility verification

23 vendor, the Department shall enter into a contract with the

24 selected vendor.

25 Section 15. The Firearm Owners Identification Card Act is

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1 amended by changing Sections 3 and 8 as follows:

2 (430 ILCS 65/3) (from Ch. 38, par. 83-3)

3 Sec. 3. (a) Except as provided in Section 3a, no person may

4 knowingly transfer, or cause to be transferred, any firearm,

5 firearm ammunition, stun gun, or taser to any person within

6 this State unless the transferee with whom he deals displays a

7 currently valid Firearm Owner's Identification Card which has

8 previously been issued in his name by the Department of State

9 Police under the provisions of this Act. In addition, all

10 firearm, stun gun, and taser transfers by federally licensed

11 firearm dealers are subject to Section 3.1.

12 (a-5) Any person who is not a federally licensed firearm

13 dealer and who desires to transfer or sell a firearm while that

14 person is on the grounds of a gun show must, before selling or

15 transferring the firearm, request the Department of State

16 Police to conduct a background check on the prospective

17 recipient of the firearm in accordance with Section 3.1.

18 (a-10) Any person who is not a federally licensed firearm

19 dealer and who desires to transfer or sell a firearm or

20 firearms to any person who is not a federally licensed firearm

21 dealer shall, before selling or transferring the firearms,

22 contact the Department of State Police with the transferee's or

23 purchaser's Firearm Owner's Identification Card number to

24 determine the validity of the transferee's or purchaser's

25 Firearm Owner's Identification Card. This subsection shall not

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1 be effective until January 1, 2014. The Department of State

2 Police may adopt rules concerning the implementation of this

3 subsection. The Department of State Police shall provide the

4 seller or transferor an approval number if the purchaser's

5 Firearm Owner's Identification Card is valid. Approvals issued

6 by the Department for the purchase of a firearm pursuant to

7 this subsection are valid for 30 days from the date of issue.

8 (a-15) The provisions of subsection (a-10) of this Section

9 do not apply to:

10 (1) transfers that occur at the place of business of a

11 federally licensed firearm dealer, if the federally

12 licensed firearm dealer conducts a background check on the

13 prospective recipient of the firearm in accordance with

14 Section 3.1 of this Act and follows all other applicable

15 federal, State, and local laws as if he or she were the

16 seller or transferor of the firearm, although the dealer is

17 not required to accept the firearm into his or her

18 inventory. The purchaser or transferee may be required by

19 the federally licensed firearm dealer to pay a fee not to

20 exceed $10 per firearm, which the dealer may retain as

21 compensation for performing the functions required under

22 this paragraph, plus the applicable fees authorized by

23 Section 3.1;

24 (2) transfers as a bona fide gift to the transferor's

25 husband, wife, son, daughter, stepson, stepdaughter,

26 father, mother, stepfather, stepmother, brother, sister,

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1 nephew, niece, uncle, aunt, grandfather, grandmother,

2 grandson, granddaughter, father-in-law, mother-in-law,

3 son-in-law, or daughter-in-law;

4 (3) transfers by persons acting pursuant to operation

5 of law or a court order;

6 (4) transfers on the grounds of a gun show under

7 subsection (a-5) of this Section;

8 (5) the delivery of a firearm by its owner to a

9 gunsmith for service or repair, the return of the firearm

10 to its owner by the gunsmith, or the delivery of a firearm

11 by a gunsmith to a federally licensed firearms dealer for

12 service or repair and the return of the firearm to the

13 gunsmith;

14 (6) temporary transfers that occur while in the home of

15 the unlicensed transferee, if the unlicensed transferee is

16 not otherwise prohibited from possessing firearms and the

17 unlicensed transferee reasonably believes that possession

18 of the firearm is necessary to prevent imminent death or

19 great bodily harm to the unlicensed transferee;

20 (7) transfers to a law enforcement or corrections

21 agency or a law enforcement or corrections officer acting

22 within the course and scope of his or her official duties;

23 (8) transfers of firearms that have been rendered

24 permanently inoperable to a nonprofit historical society,

25 museum, or institutional collection; and

26 (9) transfers to a person who is exempt from the

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1 requirement of possessing a Firearm Owner's Identification

2 Card under Section 2 of this Act.

3 (a-20) The Department of State Police shall develop an

4 Internet-based system for individuals to determine the

5 validity of a Firearm Owner's Identification Card prior to the

6 sale or transfer of a firearm. The Department shall have the

7 Internet-based system completed and available for use by July

8 1, 2015. The Department shall adopt rules not inconsistent with

9 this Section to implement this system.

10 (b) Any person within this State who transfers or causes to

11 be transferred any firearm, stun gun, or taser shall keep a

12 record of such transfer for a period of 10 years from the date

13 of transfer. Such record shall contain the date of the

14 transfer; the description, serial number or other information

15 identifying the firearm, stun gun, or taser if no serial number

16 is available; and, if the transfer was completed within this

17 State, the transferee's Firearm Owner's Identification Card

18 number and any approval number or documentation provided by the

19 Department of State Police pursuant to subsection (a-10) of

20 this Section. On or after January 1, 2006, the record shall

21 contain the date of application for transfer of the firearm. On

22 demand of a peace officer such transferor shall produce for

23 inspection such record of transfer. Failure to keep a record of

24 the transfer is a Class 4 felony. If the transfer or sale took

25 place at a gun show, the record shall include the unique

26 identification number. Failure to record the unique

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1 identification number or approval number is a Class 4 felony

2 ~~petty offense~~.

3 (b-5) Any resident may purchase ammunition from a person

4 within or outside of Illinois if shipment is by United States

5 mail or by a private express carrier authorized by federal law

6 to ship ammunition. Any resident purchasing ammunition within

7 or outside the State of Illinois must provide the seller with a

8 copy of his or her valid Firearm Owner's Identification Card

9 and either his or her Illinois driver's license or Illinois

10 State Identification Card prior to the shipment of the

11 ammunition. The ammunition may be shipped only to an address on

12 either of those 2 documents.

13 (c) The provisions of this Section regarding the transfer

14 of firearm ammunition shall not apply to those persons

15 specified in paragraph (b) of Section 2 of this Act.

16 (Source: P.A. 97-1135, eff. 12-4-12; 98-508, eff. 8-19-13.)

17 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

18 Sec. 8. Grounds for denial and revocation.

19 (A)The Department of State Police has authority to deny an

20 application for or to revoke and seize a Firearm Owner's

21 Identification Card previously issued under this Act only if

22 the Department finds that the applicant or the person to whom

23 such card was issued is or was at the time of issuance:

24 (a) A person under 21 years of age who has been

25 convicted of a misdemeanor other than a traffic offense or

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1 adjudged delinquent;

2 (b) A person under 21 years of age who does not have

3 the written consent of his parent or guardian to acquire

4 and possess firearms and firearm ammunition, or whose

5 parent or guardian has revoked such written consent, or

6 where such parent or guardian does not qualify to have a

7 Firearm Owner's Identification Card;

8 (c) A person convicted of a felony under the laws of

9 this or any other jurisdiction;

10 (d) A person addicted to narcotics;

11 (e) A person who has been a patient of a mental health

12 facility within the past 5 years or a person who has been a

13 patient in a mental health facility more than 5 years ago

14 who has not received the certification required under

15 subsection (u) of this Section. An active law enforcement

16 officer employed by a unit of government who is denied,

17 revoked, or has his or her Firearm Owner's Identification

18 Card seized under this subsection (e) may obtain relief as

19 described in subsection (c-5) of Section 10 of this Act if

20 the officer did not act in a manner threatening to the

21 officer, another person, or the public as determined by the

22 treating clinical psychologist or physician, and the

23 officer seeks mental health treatment;

24 (f) A person whose mental condition is of such a nature

25 that it poses a clear and present danger to the applicant,

26 any other person or persons or the community;

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1 (g) A person who is intellectually disabled;

2 (h) A person who intentionally makes a false statement

3 in the Firearm Owner's Identification Card application;

4 (i) An alien who is unlawfully present in the United

5 States under the laws of the United States;

6 (i-5) An alien who has been admitted to the United

7 States under a non-immigrant visa (as that term is defined

8 in Section 101(a)(26) of the Immigration and Nationality

9 Act (8 U.S.C. 1101(a)(26))), except that this subsection

10 (i-5) does not apply to any alien who has been lawfully

11 admitted to the United States under a non-immigrant visa if

12 that alien is:

13 (1) admitted to the United States for lawful

14 hunting or sporting purposes;

15 (2) an official representative of a foreign

16 government who is:

17 (A) accredited to the United States Government

18 or the Government's mission to an international

19 organization having its headquarters in the United

20 States; or

21 (B) en route to or from another country to

22 which that alien is accredited;

23 (3) an official of a foreign government or

24 distinguished foreign visitor who has been so

25 designated by the Department of State;

26 (4) a foreign law enforcement officer of a friendly

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1 foreign government entering the United States on

2 official business; or

3 (5) one who has received a waiver from the Attorney

4 General of the United States pursuant to 18 U.S.C.

5 922(y)(3);

6 (j) (Blank);

7 (k) A person who has been convicted within the past 5

8 years of battery, assault, aggravated assault, violation

9 of an order of protection, or a substantially similar

10 offense in another jurisdiction, in which a firearm was

11 used or possessed;

12 (l) A person who has been convicted of domestic

13 battery, aggravated domestic battery, or a substantially

14 similar offense in another jurisdiction committed before,

15 on or after January 1, 2012 (the effective date of Public

16 Act 97-158). If the applicant or person who has been

17 previously issued a Firearm Owner's Identification Card

18 under this Act knowingly and intelligently waives the right

19 to have an offense described in this paragraph (l) tried by

20 a jury, and by guilty plea or otherwise, results in a

21 conviction for an offense in which a domestic relationship

22 is not a required element of the offense but in which a

23 determination of the applicability of 18 U.S.C. 922(g)(9)

24 is made under Section 112A-11.1 of the Code of Criminal

25 Procedure of 1963, an entry by the court of a judgment of

26 conviction for that offense shall be grounds for denying an

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1 application for and for revoking and seizing a Firearm

2 Owner's Identification Card previously issued to the

3 person under this Act;

4 (m) (Blank);

5 (n) A person who is prohibited from acquiring or

6 possessing firearms or firearm ammunition by any Illinois

7 State statute or by federal law;

8 (o) A minor subject to a petition filed under Section

9 5-520 of the Juvenile Court Act of 1987 alleging that the

10 minor is a delinquent minor for the commission of an

11 offense that if committed by an adult would be a felony;

12 (p) An adult who had been adjudicated a delinquent

13 minor under the Juvenile Court Act of 1987 for the

14 commission of an offense that if committed by an adult

15 would be a felony;

16 (q) A person who is not a resident of the State of

17 Illinois, except as provided in subsection (a-10) of

18 Section 4;

19 (r) A person who has been adjudicated as a mentally

20 disabled person;

21 (s) A person who has been found to be developmentally

22 disabled;

23 (t) A person involuntarily admitted into a mental

24 health facility; or

25 (u) A person who has had his or her Firearm Owner's

26 Identification Card revoked or denied under subsection (e)

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1 of this Section or item (iv) of paragraph (2) of subsection

2 (a) of Section 4 of this Act because he or she was a

3 patient in a mental health facility as provided in ~~item (2)~~

4 ~~of~~ subsection (e) of this Section, shall not be permitted

5 to obtain a Firearm Owner's Identification Card, after the

6 5-year ~~5 year~~ period has lapsed, unless he or she has

7 received a mental health evaluation by a physician,

8 clinical psychologist, or qualified examiner as those

9 terms are defined in the Mental Health and Developmental

10 Disabilities Code, and has received a certification that he

11 or she is not a clear and present danger to himself,

12 herself, or others. The physician, clinical psychologist,

13 or qualified examiner making the certification and his or

14 her employer shall not be held criminally, civilly, or

15 professionally liable for making or not making the

16 certification required under this subsection, except for

17 willful or wanton misconduct. This subsection does not

18 apply to a person whose firearm possession rights have been

19 restored through administrative or judicial action under

20 Section 10 or 11 of this Act. ~~; or~~

21 ~~(v)~~ Upon revocation of a person's Firearm Owner's

22 Identification Card, the Department of State Police shall

23 provide notice to the person and the person shall comply with

24 Section 9.5 of this Act.

25 (B) The Department of State Police may revoke and seize a

26 Firearm Owner's Identification Card previously issued under

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1 this Act of a person who fails to report the loss or theft of a

2 handgun a second time to the local law enforcement agency

3 within 72 hours after the person should have known of the

4 second loss or theft.

5 (Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813,

6 eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13;

7 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; revised 9-24-13.)

8 Section 20. The Criminal Code of 2012 is amended by

9 changing Section 24-3A and by adding Sections 24-1.9, 24-1.10,

10 and 24-4.2 as follows:

11 (720 ILCS 5/24-1.9 new)

12 Sec. 24-1.9. Possession, delivery, sale, and purchase of

13 semi-automatic assault weapons, assault weapon attachments,

14 .50 caliber rifles, and .50 caliber cartridges.

15 (a) Definitions. In this Section:

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

17 (A) any of the firearms or types, replicas, or

18 duplicates in any caliber of the firearms, known as:

19 (i) Norinco, Mitchell, and Poly Technologies

20 Avtomat Kalashnikovs (all models);

21 (ii) Action Arms Israeli Military Industries

22 UZI and Galil;

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

24 (iv) Colt AR-15;

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1 (v) Fabrique Nationale FN/FAL, FN/LAR, and

2 FNC;

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

4 (vii) Steyr AUG;

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

6 and

7 (ix) any shotgun which contains its ammunition

8 in a revolving cylinder, such as (but not limited

9 to) the Street Sweeper and Striker 12;

10 (B) a semi-automatic rifle or pump-action rifle

11 that has an ability to accept a detachable magazine and

12 has any of the following:

13 (i) a folding or telescoping stock;

14 (ii) a pistol grip or thumbhole stock;

15 (iii) a shroud that is attached to, or

16 partially or completely encircles the barrel, and

17 that permits the shooter to hold the firearm with

18 the non-trigger hand without being burned;

19 (C) a semi-automatic pistol that has an ability to

20 accept a detachable magazine and has any of the

21 following:

22 (i) a folding, telescoping, or thumbhole

23 stock;

24 (ii) a shroud that is attached to, or partially

25 or completely encircles the barrel, and that

26 permits the shooter to hold the firearm with the

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1 non-trigger hand without being burned;

2 (iii) an ammunition magazine that attaches to

3 the pistol outside of the pistol grip;

4 (iv) a manufactured weight of 50 ounces or more

5 when the pistol is unloaded; or

6 (v) a semi-automatic version of an automatic

7 firearm;

8 (C-1) a semi-automatic rifle or pistol with a fixed

9 magazine that has the capacity to accept more than 10

10 rounds of ammunition;

11 (D) a semi-automatic shotgun that has any of the

12 following:

13 (i) a folding or telescoping stock;

14 (ii) a pistol grip or thumbhole stock;

15 (iii) a fixed magazine capacity in excess of 5

16 rounds; or

17 (iv) an ability to accept a detachable

18 magazine.

19 "Semi-automatic assault weapon" does not

20 include:

21 (A) any firearm that:

22 (i) is manually operated by bolt, pump, lever,

23 or slide action;

24 (ii) is an "unserviceable firearm" or has been

25 made permanently inoperable; or

26 (iii) is an antique firearm;

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1 (B) any air rifle as defined in Section 24.8-0.1 of

2 this Code.

3 For the purposes of this Section, a firearm is considered

4 to have the ability to accept a detachable magazine unless the

5 magazine or ammunition feeding device can only be removed

6 through disassembly of the firearm action.

7 (2) "Assault weapon attachment" means any device

8 capable of being attached to a firearm that is specifically

9 designed for making or converting a firearm into any of the

10 firearms listed in paragraph (1) of subsection (a) of this

11 Section.

12 (3) "Antique firearm" has the meaning ascribed to it in

13 18 U.S.C. Section 921 (a)(16).

14 (4) ".50 caliber rifle" means a centerfire rifle

15 capable of firing a .50 caliber cartridge. The term does

16 not include any antique firearm as defined in 18 U.S.C.

17 Section 921 (a)(16), any shotgun including a shotgun that

18 has a rifle barrel, or a muzzle-loader used for "black

19 powder" hunting or battle re-enactments.

20 (5) ".50 caliber cartridge" means a cartridge in .50

21 BMG caliber, either by designation or actual measurement,

22 that is capable of being fired from a centerfire rifle. The

23 term ".50 caliber cartridge" does not include any

24 memorabilia or display item that is filled with a permanent

25 inert substance or that is otherwise permanently altered in

26 a manner that prevents ready modification for use as live

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1 ammunition or shotgun ammunition with a caliber

2 measurement that is equal to or greater than .50 caliber.

3 (6) "Fore grip" includes any feature of a rifle,

4 shotgun, or pistol capable of functioning as a protruding

5 grip that can be held by the non-trigger hand.

6 (b) The Department of State Police shall take all steps

7 necessary to carry out the requirements of this Section within

8 180 days after the effective date of this amendatory Act of the

9 98th General Assembly.

10 (c) Except as provided in subsections (d), (e), (f), and

11 (h) of this Section, on or after the effective date of this

12 amendatory Act of the 98th General Assembly, it is unlawful for

13 any person within this State to knowingly deliver, sell, or

14 purchase or cause to be delivered, sold, or purchased or cause

15 to be possessed by another, a semi-automatic assault weapon, an

16 assault weapon attachment, any .50 caliber rifle, or .50

17 caliber cartridge.

18 (d) Except as otherwise provided in subsections (e), (f),

19 and (h) of this Section, 270 days after the effective date of

20 this amendatory Act of the 98th General Assembly, it is

21 unlawful for any person within this State to knowingly possess

22 a semi-automatic assault weapon, an assault weapon attachment,

23 any .50 caliber rifle, or .50 caliber cartridge.

24 (e) This Section does not apply to a person who possessed a

25 weapon or attachment prohibited by subsection (d) of this

26 Section before the effective date of this amendatory Act of the

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1 98th General Assembly, provided that the person has provided in

2 a registration affidavit, under oath or affirmation and in the

3 form and manner prescribed by the Department of State Police,

4 his or her name, date of birth, Firearm Owners Identification

5 Card Number, the weapon's or attachment's make, model, caliber,

6 and serial number, and proof of a locking mechanism that

7 properly fits the weapon, on or after 180 days after the

8 effective date of this amendatory Act of the 98th General

9 Assembly but within 270 days after the effective date of this

10 amendatory Act of the 98th General Assembly. The affidavit

11 shall include a statement that the weapon or attachment is

12 owned by the person submitting the affidavit and that he or she

13 owns the proper locking mechanism for the weapon. Each

14 affidavit form shall include the following statement printed in

15 bold type: "Warning: Entering false information on this form is

16 punishable as perjury under Section 32-2 of the Criminal Code

17 of 2012.". Beginning 270 days after the effective date of this

18 amendatory Act of the 98th General Assembly, the person may

19 transfer the weapon or attachment only to an heir, an

20 individual residing in another state maintaining that weapon in

21 another state, or a dealer licensed as a federal firearms

22 dealer under Section 923 of the federal Gun Control Act of

23 1968. Within 10 days after transfer of the weapon or

24 attachment, the person shall notify the Department of State

25 Police of the name and address of the transferee and comply

26 with the requirements of subsection (b) of Section 3 of the

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1 Firearm Owners Identification Card Act. The person to whom the

2 weapon or attachment is transferred shall, within 60 days of

3 the transfer, complete an affidavit and pay the required

4 registration fee as set forth in this Section. A person to whom

5 the weapon or attachment is transferred may transfer the weapon

6 or attachment only as provided in this subsection.

7 (f) This Section does not apply to a peace officer who has

8 retired in good standing from a law enforcement agency of this

9 State and who possesses a weapon or attachment prohibited by

10 subsection (d) of this Section, if the weapon or attachment was

11 lawfully possessed and acquired by the peace officer prior to

12 retirement and the retired peace officer within 10 days of

13 retirement registers the weapon or attachment with the

14 Department of State Police and pays the required registration

15 fee as provided in this Section. The retired peace officer

16 shall comply with the transfer and notification requirements

17 provided in subsection (e) of this Section.

18 (g) For the purpose of registration required under

19 subsections (e) and (f) of this Section, the Department of

20 State Police shall charge a registration fee of $25 per person

21 to the owner of a semi-automatic assault weapon and $25 per

22 person to the owner of a .50 caliber rifle. The fees shall be

23 deposited into the LEADS Maintenance Fund.

24 (h) This Section does not apply to or affect any of the

25 following:

26 (1) Peace officers as defined in Section 2-13 of this

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1 Code.

2 (2) Acquisition and possession by a local law

3 enforcement agency for the purpose of equipping the

4 agency's peace officers as defined in paragraph (1) of this

5 subsection.

6 (3) Wardens, superintendents, and keepers of prisons,

7 penitentiaries, jails, and other institutions for the

8 detention of persons accused or convicted of an offense.

9 (4) Members of the Armed Services or Reserve Forces of

10 the United States or the Illinois National Guard, while in

11 the performance of their official duties or while traveling

12 to or from their place of duty.

13 (5) Any company that employs armed security officers in

14 this State at a nuclear energy, storage, weapons, or

15 development site or facility regulated by the federal

16 Nuclear Regulatory Commission and persons employed as an

17 armed security force member at a nuclear energy, storage,

18 weapons, or development site or facility regulated by the

19 federal Nuclear Regulatory Commission who have completed

20 the background screening and training mandated by the rules

21 and regulations of the federal Nuclear Regulatory

22 Commission and while in the performance of their official

23 duties.

24 (6) Manufacture, transportation, or sale of weapons,

25 attachments, or ammunition to persons authorized under

26 subdivisions (1) through (5) of this subsection (h) to

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1 possess those items.

2 (7) Manufacture, transportation, or sale of weapons,

3 attachments, or ammunition for sale or transfer in another

4 state.

5 (8) Possession of any firearm if that firearm is

6 sanctioned by the International Olympic Committee and by

7 USA Shooting, the national governing body for

8 international shooting competition in the United States,

9 but only when the firearm is in the actual possession of an

10 Olympic target shooting competitor or target shooting

11 coach for the purpose of storage, transporting to and from

12 Olympic target shooting practice or events if the firearm

13 is broken down in a non-functioning state, is not

14 immediately accessible, or is unloaded and enclosed in a

15 case, firearm carrying box, shipping box, or other

16 container, and when the Olympic target shooting competitor

17 or target shooting coach is engaging in those practices or

18 events. For the purposes of this paragraph (8), "firearm"

19 is as defined in Section 1.1 of the Firearm Owners

20 Identification Card Act.

21 (9) Any non-resident who transports, within 24 hours, a

22 semi-automatic assault weapon for any lawful purpose from

23 any place where he or she may lawfully possess and carry

24 that weapon to any other place where he or she may lawfully

25 possess and carry that weapon if, during the transportation

26 the weapon is unloaded, and neither the weapon nor any

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1 ammunition being transported is readily accessible or is

2 directly accessible from the passenger compartment of the

3 transporting vehicle. Provided that, in the case of a

4 vehicle without a compartment separate from the driver's

5 compartment the weapon or ammunition shall be contained in

6 a locked container other than the glove compartment or

7 console.

8 (10) Possession of a semi-automatic assault weapon, an

9 assault weapon attachment, a .50 caliber rifle, or .50

10 caliber cartridge at events taking place at the World

11 Shooting and Recreational Complex at Sparta, only while

12 engaged in the legal use of this firearm or attachment, or

13 while traveling to or from this location if the item is

14 broken down in a non-functioning state, or is not

15 immediately accessible, or is unloaded and enclosed in a

16 case, firearm carrying box, shipping box, or other

17 container.

18 (11) Possession of a semi-automatic assault weapon, an

19 assault weapon attachment, a .50 caliber rifle, or .50

20 caliber cartridge only for hunting use expressly permitted

21 under the Wildlife Code, or while traveling to or from a

22 location authorized for this hunting use under the Wildlife

23 Code if the item is broken down in a non-functioning state,

24 or is not immediately accessible, or is unloaded and

25 enclosed in a case, firearm carrying box, shipping box, or

26 other container.

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1 (12) The manufacture, transportation, possession,

2 sale, or rental of blank-firing semi-automatic assault

3 weapons and .50 caliber rifles, or the weapon's respective

4 attachments, to persons authorized or permitted, or both

5 authorized and permitted to acquire and possess these

6 weapons or attachments for the purpose of rental for use

7 solely as props for a motion picture, television, or video

8 production or entertainment event.

9 (i) Sentence.

10 (1) A person who knowingly delivers, sells, purchases,

11 or possesses or causes to be delivered, sold, purchased, or

12 possessed a semi-automatic assault weapon in violation of

13 this Section commits a Class 3 felony for a first violation

14 and a Class 2 felony for a second or subsequent violation

15 or for the possession or delivery of 2 or more of these

16 weapons at the same time.

17 (2) A person who knowingly delivers, sells, purchases,

18 or possesses or causes to be delivered, sold, purchased, or

19 possessed in violation of this Section an assault weapon

20 attachment commits a Class 4 felony for a first violation

21 and a Class 3 felony for a second or subsequent violation.

22 (3) A person who knowingly delivers, sells, purchases,

23 or possesses or causes to be delivered, sold, purchased, or

24 possessed in violation of this Section a .50 caliber rifle

25 commits a Class 3 felony for a first violation and a Class

26 2 felony for a second or subsequent violation or for the

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1 possession or delivery of 2 or more of these weapons at the

2 same time.

3 (4) A person who knowingly delivers, sells, purchases,

4 or possesses or causes to be delivered, sold, purchased, or

5 possessed in violation of this Section a .50 caliber

6 cartridge commits a Class A misdemeanor.

7 (5) Any other violation of this Section is a Class A

8 misdemeanor.

9 (720 ILCS 5/24-1.10 new)

10 Sec. 24-1.10. Possession, delivery, sale, and purchase of

11 large capacity ammunition feeding devices.

12 (a) As used in this Section:

13 "Large capacity ammunition feeding device" means:

14 (1) a magazine, belt, drum, feed strip, or similar

15 device that has a capacity of, or that can be readily

16 restored or converted to accept, more than 10 rounds of

17 ammunition; or

18 (2) any combination of parts from which a device

19 described in paragraph (1) can be assembled.

20 "Large capacity ammunition feeding device" does not

21 include an attached tubular device designed to accept, and

22 capable of operating only with, .22 caliber rimfire ammunition.

23 "Large capacity ammunition feeding device" does not include a

24 tubular magazine that is contained in a lever-action firearm or

25 any device that has been made permanently inoperable.

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1 (b) The Department of State Police shall take all steps

2 necessary to carry out the requirements of this Section within

3 180 days after the effective date of this amendatory Act of the

4 98th General Assembly.

5 (c) Except as provided in subsection (d) and (e), 60 days

6 after the effective date of this amendatory Act of the 98th

7 General Assembly, it is unlawful for any person within this

8 State to knowingly deliver, sell, purchase, or possess or cause

9 to be delivered, sold, purchased, or possessed, a large

10 capacity ammunition feeding device.

11 (d) This Section does not apply to a peace officer who has

12 retired in good standing from a law enforcement agency of this

13 State and who possesses a device prohibited by subsection (c)

14 of this Section, if the device was lawfully possessed and

15 acquired by the peace officer prior to retirement and the

16 retired peace officer within 10 days of retirement, provides in

17 a registration affidavit, under oath or affirmation and in the

18 form and manner prescribed by the Department of State Police,

19 his or her name, date of birth, Firearm Owners Identification

20 Card Number, the device's make, model, and caliber. The

21 affidavit shall include a statement that the device is owned by

22 the person submitting the affidavit. Each affidavit form shall

23 include the following statement printed in bold type: "Warning:

24 Entering false information on this form is punishable as

25 perjury under Section 32-2 of the Criminal Code of 2012.". The

26 retired officer may transfer the device only to an heir, an

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1 individual residing in another state maintaining that device in

2 another state, or a dealer licensed as a federal firearms

3 dealer under Section 923 of the federal Gun Control Act of

4 1968. Within 10 days after transfer of the device, the person

5 shall notify the Department of State Police of the name and

6 address of the transferee and comply with the requirements of

7 subsection (b) of Section 3 of the Firearm Owners

8 Identification Card Act. The person to whom the device is

9 transferred shall, within 60 days of the transfer, complete an

10 affidavit as set forth in this subsection. A person to whom the

11 device is transferred may transfer the device only as provided

12 in this subsection.

13 (e) This Section does not apply to or affect any of the

14 following:

15 (1) Peace officers as defined in Section 2-13 of this

16 Code.

17 (2) Acquisition and possession by a local law

18 enforcement agency for the purpose of equipping the

19 agency's peace officers as defined in paragraph (1) of this

20 subsection.

21 (3) Wardens, superintendents, and keepers of prisons,

22 penitentiaries, jails, and other institutions for the

23 detention of persons accused or convicted of an offense.

24 (4) Members of the Armed Services or Reserve Forces of

25 the United States or the Illinois National Guard, while in

26 the performance of their official duties or while traveling

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1 to or from their place of duty.

2 (5) Any company that employs armed security officers in

3 this State at a nuclear energy, storage, weapons, or

4 development site or facility regulated by the federal

5 Nuclear Regulatory Commission and persons employed as an

6 armed security force member at a nuclear energy, storage,

7 weapons, or development site or facility regulated by the

8 federal Nuclear Regulatory Commission who have completed

9 the background screening and training mandated by the rules

10 and regulations of the federal Nuclear Regulatory

11 Commission and while in the performance of their official

12 duties.

13 (6) Manufacture, transportation, or sale of large

14 capacity ammunition feeding devices to persons authorized

15 under subdivisions (1) through (5) of this subsection (d)

16 to possess those devices.

17 (7) Manufacture, transportation, or sale of large

18 capacity ammunition feeding devices for sale or transfer in

19 another state.

20 (8) Possession of any large capacity ammunition

21 feeding device if that large capacity ammunition feeding

22 device is sanctioned by the International Olympic

23 Committee and by USA Shooting, the national governing body

24 for international shooting competition in the United

25 States, but only when the large capacity ammunition feeding

26 device is in the actual possession of an Olympic target

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1 shooting competitor or target shooting coach for the

2 purpose of storage, transporting to and from Olympic target

3 shooting practice or events if the device is broken down in

4 a non-functioning state, is not immediately accessible, or

5 is unloaded and enclosed in a case, firearm carrying box,

6 shipping box, or other container, and when the Olympic

7 target shooting competitor or target shooting coach is

8 engaging in those practices or events.

9 (9) Any non-resident who transports, within 24 hours, a

10 large capacity ammunition feeding device for any lawful

11 purpose from any place where he or she may lawfully possess

12 and carry that device to any other place where he or she

13 may lawfully possess and carry that device if, during the

14 transportation the device is unattached to a firearm, and

15 the device is not readily accessible nor is directly

16 accessible from the passenger compartment of the

17 transporting vehicle. Provided that, in the case of a

18 vehicle without a compartment separate from the driver's

19 compartment the device shall be contained in a locked

20 container other than the glove compartment or console.

21 (10) Possession of a large capacity ammunition feeding

22 device at events taking place at the World Shooting and

23 Recreational Complex at Sparta, only while engaged in the

24 legal use of this device, or while traveling to or from

25 this location if the device is broken down in a

26 non-functioning state, or is not immediately accessible,

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1 or is unloaded and enclosed in a case, firearm carrying

2 box, shipping box, or other container.

3 (11) Possession of a large capacity ammunition feeding

4 device only for hunting use expressly permitted under the

5 Wildlife Code, or while traveling to or from a location

6 authorized for this hunting use under the Wildlife Code if

7 the device is broken down in a non-functioning state, or is

8 not immediately accessible, or is unloaded and enclosed in

9 a case, firearm carrying box, shipping box, or other

10 container.

11 (12) The manufacture, transportation, possession,

12 sale, or rental of large capacity ammunition feeding

13 devices for blank-firing semi-automatic assault weapons

14 and .50 caliber rifles, to persons authorized or permitted,

15 or both authorized and permitted to acquire and possess

16 these devices for the purpose of rental for use solely as

17 props for a motion picture, television, or video production

18 or entertainment event.

19 (f) Sentence. A person who knowingly delivers, sells,

20 purchases, or possesses or causes to be delivered, sold,

21 purchased, or possessed in violation of this Section a large

22 capacity ammunition feeding device capable of holding more than

23 10 rounds of ammunition commits a Class 3 felony for a first

24 violation and a Class 2 felony for a second or subsequent

25 violation or for possession or delivery of 2 or more of these

26 devices at the same time. Any other violation of this Section

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1 is a Class A misdemeanor.

2 (720 ILCS 5/24-3A)

3 Sec. 24-3A. Gunrunning.

4 (a) A person commits gunrunning when he or she transfers 3

5 or more firearms in violation of any of the paragraphs of

6 Section 24-3 of this Code.

7 (b) Sentence. A person who commits gunrunning:

8 (1) is guilty of a Class X ~~1~~felony;

9 (2) is guilty of a Class X felony for which the

10 sentence shall be a term of imprisonment of not less than

11 10 ~~8~~ years and not more than 40 years if the transfer is of

12 not less than 11 firearms and not more than 20 firearms;

13 (3) is guilty of a Class X felony for which the

14 sentence shall be a term of imprisonment of not less than

15 15 ~~10~~ years and not more than 50 years if the transfer is

16 of more than 20 firearms.

17 A person who commits gunrunning by transferring firearms to a

18 person who, at the time of the commission of the offense, is

19 under 18 years of age is guilty of a Class X felonyfor which

20 the sentence shall be a term of imprisonment of not less than 8

21 years.

22 (Source: P.A. 93-906, eff. 8-11-04.)

23 (720 ILCS 5/24-4.2 new)

24 Sec. 24-4.2. Report of lost or stolen handguns,

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1 semi-automatic assault weapons, assault weapon attachments,

2 .50 caliber rifles, .50 caliber cartridges, or large capacity

3 ammunition feeding device.

4 (a) A person who possesses a valid Firearm Owner's

5 Identification Card and who possesses or acquires a handgun,

6 semi-automatic assault weapon, assault weapon attachment, .50

7 caliber rifle, or .50 caliber cartridge and thereafter loses or

8 misplaces the handgun, semi-automatic assault weapon, assault

9 weapon attachment, .50 caliber rifle, or .50 caliber cartridge,

10 or the handgun, semi-automatic assault weapon, assault weapon

11 attachment, .50 caliber rifle, or .50 caliber cartridge is

12 stolen from the person, the person must report the loss or

13 theft to the local law enforcement agency within 72 hours after

14 obtaining knowledge of the loss or theft.

15 (b) A person who possesses a valid Firearm Owner's

16 Identification Card and who possesses or acquires a large

17 capacity ammunition feeding device under an exception in

18 subsection (d) or (e) of Section 24-1.10 of this Code and

19 thereafter loses or misplaces the device, or the device is

20 stolen from the person, the person must report the loss or

21 theft to the local law enforcement agency within 72 hours after

22 the person should have known of the loss or theft.

23 (c) For the purposes of this Section:

24 "Assault weapon attachment" has the meaning ascribed

25 to it in Section 24-1.9 of this Code.

26 ".50 caliber rifle" has the meaning ascribed to it in

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1 Section 24-1.9 of this Code.

2 ".50 caliber cartridge" has the meaning ascribed to it

3 in Section 24-1.9 of this Code.

4 "Handgun" means a firearm designed to be held and fired

5 by the use of a single hand, and includes a combination of

6 parts from which the firearm can be assembled.

7 "Large capacity ammunition feeding device" has the

8 meaning ascribed to it in Section 24-1.10 of this Code.

9 "Semi-automatic assault weapon" has the meaning

10 ascribed to it in Section 24-1.9 of this Code.

11 (d) Sentence. A person who violates this Section is guilty

12 of a Class A misdemeanor for a first violation. A second or

13 subsequent violation of this Section is a Class 4 felony.

14 Section 97. Severability. The provisions of this Act are

15 severable under Section 1.31 of the Statute on Statutes.

16 Section 99. Effective date. This Act takes effect upon

17 becoming law.

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INDEX

Statutes amended in order of appearance