99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB3799

Introduced , by Rep. Terri Bryant

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 home rule county may not regulate, license, restrict the possession of, or require registration for, firearms and firearm ammunition. Provides that a home rule county may not regulate the transportation of firearms or firearm ammunition. Provides that these are exclusive powers and functions of the State. Provides that any ordinance or regulation, or portion thereof, enacted on, before, or after the effective date of the amendatory Act that purports to impose regulations or restrictions on firearms or firearm ammunition in any manner is invalid on the effective date of the amendatory Act. 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 by a holder of a valid Firearm

19 Owner's Identification Card issued by the Department of State

20 Police under this Act are exclusive powers and functions of

21 this State. Any ordinance or regulation, or portion of that

22 ordinance or regulation, enacted on or before the effective

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

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

2 valid Firearm Owner's Identification Card issued by the

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

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

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

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

7 Identification Card issued by the Department of State Police

8 under this Act.

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

10 regulation of the possession or ownership of assault weapons

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

12 or regulation, or portion of that ordinance or regulation, that

13 purports to regulate the possession or ownership of assault

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

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

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

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

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

19 10 days after the effective date of this amendatory Act of the

20 98th General Assembly is invalid. An ordinance enacted on,

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

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

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

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

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

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

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1 list of cosmetic features that cumulatively would place the

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

3 ordinance.

4 (c-5) A home rule county may not regulate, license,

5 restrict the possession of, or require registration for,

6 firearms and firearm ammunition. A home rule county may not

7 regulate the transportation of firearms or firearm ammunition.

8 These are exclusive powers and functions of the State. Any

9 ordinance or regulation, or portion thereof, enacted on,

10 before, or after the effective date of this amendatory Act of

11 the 99th General Assembly that purports to impose regulations

12 or restrictions on firearms or firearm ammunition in any manner

13 is invalid on the effective date of this amendatory Act.

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

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

16 Carry Act.

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

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

19 Article VII of the Illinois Constitution.

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

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

22 becoming law.