99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB2789
 
Introduced , by Rep. Laura Fine
 
SYNOPSIS AS INTRODUCED:



720 ILCS 5/24-1.9 new
 Amends the Criminal Code of 2012. Provides that 90 days after the effective date of the amendatory Act, it is unlawful for any person within the State to knowingly manufacture, deliver, sell, purchase, or possess or cause to be manufactured, delivered, sold, purchased, or possessed a semi-automatic assault weapon, an assault weapon attachment, any .50 caliber rifle, or .50 caliber cartridge. Provides that these provisions do not apply to a person who possessed a prohibited weapon, device, or attachment before the effective date of the amendatory Act if the person has provided proof of ownership to the Department of State Police within 90 days after the effective date of the amendatory Act. Provides that on or after the effective date of the amendatory Act, the person may transfer the weapon or assault weapon attachment 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. Specifies penalties for violations. Provides exemptions. 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,

3represented in the General Assembly:



4 Section 5. The Criminal Code of 2012 is amended by adding 
5Section 24-1.9 as follows:

6 (720 ILCS 5/24-1.9 new)
7 Sec. 24-1.9. Manufacture, possession, delivery, sale, and 
8purchase of semi-automatic assault weapons, assault weapon 
9attachments, .50 caliber rifles, and .50 caliber cartridges.
10 (a) Definitions. In this Section:
11  (1) "Semi-automatic assault weapon" means:
12   (A) any of the firearms or types, replicas, or 
13 duplicates in any caliber of the firearms, known as:
14    (i) Norinco, Mitchell, and Poly Technologies 
15 Avtomat Kalashnikovs (all models);
16    (ii) Action Arms Israeli Military Industries 
17 UZI and Galil;
18    (iii) Beretta AR-70 (SC-70);
19    (iv) Colt AR-15;
20    (v) Fabrique Nationale FN/FAL, FN/LAR, and 
21 FNC;
22    (vi) SWD M-10, M-11, M-11/9, and M-12;
23    (vii) Steyr AUG;
 
 
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1    
2    (viii) INTRATEC TEC-9, TEC-DC9, and TEC-22; 
3 and
4    (ix) any shotgun which contains its ammunition 
5 in a revolving cylinder, such as (but not limited 
6 to) the Street Sweeper and Striker 12;
7   (B) a semi-automatic rifle that has an ability to 
8 accept a detachable magazine and has any of the 
9 following:
10    (i) a folding or telescoping stock;
11    (ii) a pistol grip or thumbhole stock;
12    (iii) a shroud that is attached to, or 
13 partially or completely encircles the barrel, and 
14 that permits the shooter to hold the firearm with 
15 the non-trigger hand without being burned; or
16    (iv) a fixed magazine that has the capacity to 
17 accept more than 10 rounds of ammunition;
18   (C) a semi-automatic pistol that has an ability to 
19 accept a detachable magazine and has any of the 
20 following:
21    (i) a folding, telescoping, or thumbhole 
22 stock;
23    (ii) a shroud that is attached to, or partially 
24 or completely encircles the barrel, and that 
25 permits the shooter to hold the firearm with the 
26 non-trigger hand without being burned;
 
 
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1    (iii) an ammunition magazine that attaches to 
2 the pistol outside of the pistol grip;
3    (iv) a fixed magazine that has the capacity to 
4 accept more than 10 rounds of ammunition;
5    (v) a manufactured weight of 50 ounces or more 
6 when the pistol is unloaded; or
7    (vi) a semi-automatic version of an automatic 
8 firearm;
9   (D) a semi-automatic shotgun that has any of the 
10 following:
11    (i) a folding or telescoping stock;
12    (ii) a pistol grip or thumbhole stock;
13    (iii) a fixed magazine capacity in excess of 5 
14 rounds; or
15    (iv) an ability to accept a detachable 
16 magazine.
17    "Semi-automatic assault weapon" does not 
18 include:
19   (A) any firearm that:
20    (i) is manually operated by bolt, pump, lever, 
21 or slide action;
22    (ii) is an "unserviceable firearm" or has been 
23 made permanently inoperable; or
24    (iii) is an antique firearm;
25   (B) any air rifle as defined in Section 24.8-0.1 of 
26 this Code.
 
 
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1  (2) "Assault weapon attachment" means any device 
2 capable of being attached to a firearm that is specifically 
3 designed for making or converting a firearm into any of the 
4 firearms listed in paragraph (1) of subsection (a) of this 
5 Section.
6  (3) "Antique firearm" has the meaning ascribed to it in 
7 18 U.S.C. Section 921 (a)(16).
8  (4) ".50 caliber rifle" means a centerfire rifle 
9 capable of firing a .50 caliber cartridge. The term does 
10 not include any antique firearm as defined in 18 U.S.C. 
11 Section 921 (a)(16), any shotgun including a shotgun that 
12 has a rifle barrel, or a muzzle-loader used for "black 
13 powder" hunting or battle re-enactments.
14  (5) ".50 caliber cartridge" means a cartridge in .50 
15 BMG caliber, either by designation or actual measurement, 
16 that is capable of being fired from a centerfire rifle. The 
17 term ".50 caliber cartridge" does not include any 
18 memorabilia or display item that is filled with a permanent 
19 inert substance or that is otherwise permanently altered in 
20 a manner that prevents ready modification for use as live 
21 ammunition or shotgun ammunition with a caliber 
22 measurement that is equal to or greater than .50 caliber.
23 (b) Except as provided in subsections (c) and (d), 90 days 
24after the effective date of this amendatory Act of the 99th 
25General Assembly, it is unlawful for any person within this 
26State to knowingly manufacture, deliver, sell, purchase, or 
 
 
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1possess or cause to be manufactured, delivered, sold, 
2purchased, or possessed, a semi-automatic assault weapon, an 
3assault weapon attachment, any .50 caliber rifle, or .50 
4caliber cartridge.
5 (c) This Section does not apply to a person who possessed a 
6weapon or attachment prohibited by subsection (b) before the 
7effective date of this amendatory Act of the 99th General 
8Assembly, provided that the person has provided proof of 
9ownership to the Department of State Police within 90 days 
10after the effective date of this amendatory Act of the 99th 
11General Assembly as required by law. On or after the effective 
12date of this amendatory Act of the 99th General Assembly, the 
13person may transfer the weapon or attachment only to an heir, 
14an individual residing in another state maintaining that weapon 
15in another state, or a dealer licensed as a federal firearms 
16dealer under Section 923 of the federal Gun Control Act of 
171968.
18 (d) This Section does not apply to or affect any of the 
19following:
20  (1) Peace officers as defined in Section 2-13 of this 
21 Code and retired peace officers not otherwise prohibited 
22 from receiving a firearm, in possession of a semi-automatic 
23 assault weapon, assault weapon attachment, or .50 caliber 
24 rifle transferred to the retired peace officer by his or 
25 her law enforcement agency upon retirement.
26  (2) Wardens, superintendents, and keepers of prisons, 
 
 
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1 penitentiaries, jails, and other institutions for the 
2 detention of persons accused or convicted of an offense.
3  (3) Members of the Armed Services or Reserve Forces of 
4 the United States or the Illinois National Guard, while in 
5 the performance of their official duties or while traveling 
6 to or from their place of duty.
7  (4) Manufacture, transportation, or sale of weapons, 
8 attachments, or ammunition to persons authorized under 
9 subdivisions (1) through (3) of this subsection to possess 
10 those items.
11  (5) Possession of a semi-automatic assault weapon, an 
12 assault weapon attachment, a .50 caliber rifle, or a .50 
13 caliber cartridge at events taking place at the World 
14 Shooting and Recreational Complex at Sparta, only while 
15 engaged in the legal use of the firearm or attachment, or 
16 while traveling to or from this location if the items are 
17 broken down in a non-functioning state, or are not 
18 immediately accessible, or are unloaded and enclosed in a 
19 case, firearm carrying box, shipping box, or other 
20 container.
21  (6) Possession of any firearm if that firearm is 
22 sanctioned by the International Olympic Committee and by 
23 USA Shooting, the national governing body for 
24 international shooting competition in the United States, 
25 but only when the firearm is in the actual possession of an 
26 Olympic target shooting competitor or target shooting 
 
 
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1 coach for the purpose of storage, transporting to and from 
2 Olympic target shooting practice or events if the firearm 
3 is broken down in a non-functioning state, is not 
4 immediately accessible, or is unloaded and enclosed in a 
5 case, firearm carrying box, shipping box, or other 
6 container, and when the Olympic target shooting competitor 
7 or target shooting coach is engaging in those practices or 
8 events.
9  (7) Possession of a semi-automatic assault weapon, an 
10 assault weapon attachment, a .50 caliber rifle, or a .50 
11 caliber cartridge only for a hunting use expressly 
12 permitted under the Wildlife Code, or while traveling to or 
13 from a location authorized for hunting use under the 
14 Wildlife Code if the items are broken down in a 
15 non-functioning state, or are not immediately accessible, 
16 or are unloaded and enclosed in a case, firearm carrying 
17 box, shipping box, or other container.
18  (8) Manufacture, transportation, possession, sale, or 
19 rental of blank-firing semi-automatic assault weapons and 
20 .50 caliber rifles or the weapons respective attachments to 
21 persons authorized or permitted, or both authorized and 
22 permitted to acquire and possess the weapons for the 
23 purposes of rental for use solely as props for a motion 
24 picture, television, or video production or entertainment 
25 event.
26 (e) Sentence.
 
 
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1  (1) A person who knowingly manufactures, delivers, 
2 sells, purchases, or possesses or causes to be 
3 manufactured, delivered, sold, purchased, or possessed a 
4 semi-automatic assault weapon in violation of this Section 
5 commits a Class 3 felony for a first violation and a Class 
6 2 felony for a second or subsequent violation or for the 
7 possession or delivery of 2 or more of these weapons at the 
8 same time.
9  (2) A person who knowingly manufactures, delivers, 
10 sells, purchases, or possesses or causes to be 
11 manufactured, delivered, sold, purchased, or possessed in 
12 violation of this Section an assault weapon attachment 
13 commits a Class 4 felony for a first violation and a Class 
14 3 felony for a second or subsequent violation.
15  (3) A person who knowingly manufactures, delivers, 
16 sells, purchases, or possesses or causes to be 
17 manufactured, delivered, sold, purchased, or possessed in 
18 violation of this Section a .50 caliber rifle commits a 
19 Class 3 felony for a first violation and a Class 2 felony 
20 for a second or subsequent violation or for the possession 
21 or delivery of 2 or more of these weapons at the same time.
22  (4) A person who knowingly manufactures, delivers, 
23 sells, purchases, or possesses or causes to be 
24 manufactured, delivered, sold, purchased, or possessed in 
25 violation of this Section a .50 caliber cartridge commits a 
26 Class A misdemeanor.


 
 
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1 Section 99. Effective date. This Act takes effect upon 
2becoming law.