100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1698
 
Introduced 2/9/2017, by Sen. Julie A. Morrison
 
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 possession or ownership of dangerous and unusual weapons are exclusive powers of the State and any ordinance or regulation that purports to regulate the possession or ownership of a dangerous and unusual weapon in a manner inconsistent with the Act shall be invalid. Defines "dangerous and unusual weapon". Deletes provision that the regulation of the possession or ownership of assault weapons are exclusive powers and functions of this State. Deletes provision that any ordinance or regulation, or portion of that ordinance or regulation, that purports to regulate the possession or ownership of assault weapons in a manner that is inconsistent with the Act, shall be invalid unless the ordinance or regulation is enacted on, before, or within 10 days after the effective date of Public Act 98-63 (July 9, 2013). Deletes provision that any ordinance or regulation described in the stricken provision enacted more than 10 days after the effective date of Public Act 98-63 is invalid. Effective immediately. 



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A BILL FOR
 


SB1698LRB100 09591 SLF 19759 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-5) (c) of this Section, 
10the provisions of any ordinance enacted by any municipality 
11which
requires registration or imposes greater restrictions or 
12limitations on the
acquisition, possession and transfer of 
13firearms than are imposed by this
Act, are not invalidated or 
14affected 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) (Blank). Notwithstanding subsection (a) of this 
10Section, the regulation of the possession or ownership of 
11assault weapons are exclusive powers and functions of this 
12State. Any ordinance or regulation, or portion of that 
13ordinance or regulation, that purports to regulate the 
14possession or ownership of assault weapons in a manner that is 
15inconsistent with this Act, shall be invalid unless the 
16ordinance or regulation is enacted on, before, or within 10 
17days after the effective date of this amendatory Act of the 
1898th General Assembly. Any ordinance or regulation described in 
19this subsection (c) enacted more than 10 days after the 
20effective date of this amendatory Act of the 98th General 
21Assembly is invalid. An ordinance enacted on, before, or within 
2210 days after the effective date of this amendatory Act of the 
2398th General Assembly may be amended. The enactment or 
24amendment of ordinances under this subsection (c) are subject 
25to the submission requirements of Section 13.3. For the 
26purposes of this subsection, "assault weapons" means firearms 
 
 
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1designated by either make or model or by a test or list of 
2cosmetic features that cumulatively would place the firearm 
3into a definition of "assault weapon" under the ordinance.
4 (c-5) Notwithstanding subsection (a) of this Section, the 
5regulation of the possession or ownership of dangerous and 
6unusual weapons are exclusive powers and functions of this 
7State. Any ordinance or regulation that purports to regulate 
8the possession or ownership of a dangerous and unusual weapon 
9in a manner that is inconsistent with this Act shall be 
10invalid. 
11 (d) For the purposes of this Section: , 
12 "Dangerous and unusual weapon" means a weapon not typically 
13possessed by law-abiding citizens for lawful purposes, 
14including, but not limited to, a short-barreled shotgun or 
15machine gun. 
16 "Handgun" "handgun" has the meaning ascribed to it in 
17Section 5 of the Firearm Concealed Carry Act. 
18 (e) This Section is a denial and limitation of home rule 
19powers and functions under subsection (h) of Section 6 of 
20Article VII of the Illinois Constitution. 
21(Source: P.A. 98-63, eff. 7-9-13.)



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