99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB2771

Introduced , by Rep. Randy Frese

SYNOPSIS AS INTRODUCED:

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

Amends the Firearm Owners Identification Card Act. Provides that the regulation of the delivery of ammunition by the United States Postal Service or other courier by a holder of a valid Firearm Owner's Identification Card issued by the Department of State Police under the Act is an exclusive power and function of the State. Effective immediately.

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HOME RULE NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning safety.

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

3 represented in the General Assembly:

4 Section 5. The Firearm Owners Identification Card Act is

5 amended 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

9 Carry Act and subsections (b) and (c) of this Section, the

10 provisions of any ordinance enacted by any municipality which

11 requires registration or imposes greater restrictions or

12 limitations on the acquisition, possession and transfer of

13 firearms than are imposed by this Act, are not invalidated or

14 affected by this Act.

15 (b) Notwithstanding subsection (a) of this Section, the

16 regulation, licensing, possession, and registration of

17 handguns and ammunition for a handgun, and the transportation

18 of any firearm and ammunition, including but not limited to the

19 delivery of ammunition by the United States Postal Service or

20 other courier, by a holder of a valid Firearm Owner's

21 Identification Card issued by the Department of State Police

22 under this Act are exclusive powers and functions of this

23 State. Any ordinance or regulation, or portion of that

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1 ordinance or regulation, enacted on or before the effective

2 date of this amendatory Act of the 98th General Assembly that

3 purports to impose regulations or restrictions on a holder of a

4 valid Firearm Owner's Identification Card issued by the

5 Department of State Police under this Act in a manner that is

6 inconsistent with this Act, on the effective date of this

7 amendatory Act of the 98th General Assembly, shall be invalid

8 in its application to a holder of a valid Firearm Owner's

9 Identification Card issued by the Department of State Police

10 under this Act.

11 (c) Notwithstanding subsection (a) of this Section, the

12 regulation of the possession or ownership of assault weapons

13 are exclusive powers and functions of this State. Any ordinance

14 or regulation, or portion of that ordinance or regulation, that

15 purports to regulate the possession or ownership of assault

16 weapons in a manner that is inconsistent with this Act, shall

17 be invalid unless the ordinance or regulation is enacted on,

18 before, or within 10 days after the effective date of this

19 amendatory Act of the 98th General Assembly. Any ordinance or

20 regulation described in this subsection (c) enacted more than

21 10 days after the effective date of this amendatory Act of the

22 98th General Assembly is invalid. An ordinance enacted on,

23 before, or within 10 days after the effective date of this

24 amendatory Act of the 98th General Assembly may be amended. The

25 enactment or amendment of ordinances under this subsection (c)

26 are subject to the submission requirements of Section 13.3. For

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1 the purposes of this subsection, "assault weapons" means

2 firearms designated by either make or model or by a test or

3 list of cosmetic features that cumulatively would place the

4 firearm into a definition of "assault weapon" under the

5 ordinance.

6 (d) For the purposes of this Section, "handgun" has the

7 meaning ascribed to it in Section 5 of the Firearm Concealed

8 Carry Act.

9 (e) This Section is a denial and limitation of home rule

10 powers and functions under subsection (h) of Section 6 of

11 Article VII of the Illinois Constitution.

12 (Source: P.A. 98-63, eff. 7-9-13.)

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

14 becoming law.