102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5522
 
Introduced , by Rep. Maura Hirschauer
 
SYNOPSIS AS INTRODUCED:



720 ILCS 5/24-1.9 new
720 ILCS 5/24-1.10 new

 Amends the Criminal Code of 2012. Makes it unlawful to deliver, sell, or purchase or cause to be delivered, sold, or purchased or cause to be possessed by another, an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge. Makes it unlawful for any person to knowingly possess an assault weapon, .50 caliber rifle, or .50 caliber cartridge 300 days after the effective date of the amendatory Act, except possession of weapons registered with the Illinois State Police in the time provided. Provides exemptions and penalties. Prohibits delivery, sale, purchase or possession of large capacity ammunition feeding devices. Provides exemptions and penalties.



LRB102 25017 RLC 34274 b


 
 
A BILL FOR
 


HB5522LRB102 25017 RLC 34274 b



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 
5Sections 24-1.9 and 24-1.10 as follows:

6 (720 ILCS 5/24-1.9 new)
7 Sec. 24-1.9. Possession, delivery, sale, and purchase of 
8assault weapons, .50 caliber rifles, and .50 caliber 
9cartridges.
10 (a) Definitions. In this Section:
11  (1) "Assault weapon" means: 
12   (A) any rifle that has a belt fed ammunition 
13 system or which has a detachable magazine capable of 
14 holding more than 10 rounds of ammunition;
15   (B) a semi-automatic rifle that has the ability to 
16 accept a detachable magazine and has any of the 
17 following:
18    (i) a folding or telescoping stock; or
19    (ii) a shroud that is attached to, or 
20 partially or completely encircles the barrel that 
21 permits the shooter to hold the firearm with the 
22 non-trigger hand without being burned;
23   (C) a semi-automatic pistol that has the ability 
 
 
HB5522- 2 -LRB102 25017 RLC 34274 b


1 to accept a detachable magazine and has any of the 
2 following:
3    (i) a folding or telescoping stock;
4    (ii) a shroud that is attached to, or 
5 partially or completely encircles the barrel, that 
6 permits the shooter to hold the firearm with the 
7 non-trigger hand without being burned; or
8    (iii) a manufactured weight of 50 ounces or 
9 more when the pistol is unloaded.
10   (D) a semi-automatic rifle with a fixed magazine 
11 that has the capacity to accept more than 10 rounds of 
12 ammunition;
13   (E) a semi-automatic shotgun that has:
14    (i) a folding or telescoping stock; and
15    (ii) contains its ammunition in a revolving 
16 cylinder; or 
17    (iii) a fixed magazine capacity in excess of 5 
18 rounds of ammunition, except as may be authorized 
19 under the Wildlife Code and excluding magazine 
20 extensions during the snow geese conservation 
21 order season; or
22    (iv) an ability to accept a detachable 
23 magazine of more than 5 rounds of ammunition.
24   "Assault weapon" does not include:
25   (A) any firearm that:
26    (i) is manually operated by bolt, pump, lever, 
 
 
HB5522- 3 -LRB102 25017 RLC 34274 b


1 or slide action;
2    (ii) is an unserviceable firearm or has been 
3 made permanently inoperable;
4    (iii) is an antique firearm;
5    (iv) uses rimfire ammunition or cartridges;
or 
6    (iv) has been excluded as an assault weapon in 
7 a Department of Natural Resources rule. The 
8 Department of Natural Resources shall have the 
9 authority to adopt rules to further define 
10 exclusions of assault weapon types under this 
11 Section, provided the make, model, and caliber of 
12 the firearm excluded has a viable application to 
13 hunting game and conforms to accepted hunting 
14 principles of fair chase; 
15   (B) any air rifle as defined in Section 24.8-0.1 
16 of this Code.
17 In this Section, a firearm is considered to have the 
18ability to accept a detachable magazine unless the magazine or 
19ammunition feeding device can only be removed through 
20disassembly of the firearm action. 
21  (2) "Assault weapon attachment" means any device 
22 capable of being attached to a firearm that is 
23 specifically designed for making or converting a firearm 
24 into any of the firearms listed in paragraph (1) of this 
25 subsection (a).
26  (3) "Antique firearm" has the meaning ascribed to it 
 
 
HB5522- 4 -LRB102 25017 RLC 34274 b


1 in 18 U.S.C. 921 (a)(16).
2  (4) ".50 caliber rifle" means a centerfire rifle 
3 capable of firing a .50 caliber cartridge. The term does 
4 not include any antique firearm, any shotgun including a 
5 shotgun that has a rifle barrel, or any muzzle-loader 
6 which uses black powder for hunting or historical 
7 re-enactments.
8  (5) ".50 caliber cartridge" means a cartridge in .50 
9 BMG caliber, either by designation or actual measurement, 
10 that is capable of being fired from a centerfire rifle. 
11 The term ".50 caliber cartridge" does not include any 
12 memorabilia or display item that is filled with a 
13 permanent inert substance or that is otherwise permanently 
14 altered in a manner that prevents ready modification for 
15 use as live ammunition or shotgun ammunition with a 
16 caliber measurement that is equal to or greater than .50 
17 caliber.
18  (6) "Locking mechanism" means secured by a device or 
19 mechanism, other than the firearm safety, designed to 
20 render a firearm temporarily inoperable; or a box or 
21 container capable of containing the firearm and that can 
22 be securely locked. 
23 (b) The Illinois State Police shall take all steps 
24necessary to carry out the requirements of this Section within 
25180 days after the effective date of this amendatory Act of the 
26102nd General Assembly. 
 
 
HB5522- 5 -LRB102 25017 RLC 34274 b


1 (c) Except as provided in subsections (d), (e), (f), and 
2(h), on or after the effective date of this amendatory Act of 
3the 102nd General Assembly, it is unlawful for any person 
4within this State to knowingly deliver, sell, or purchase or 
5cause to be delivered, sold, or purchased or cause to be 
6possessed by another, an assault weapon, assault weapon 
7attachment, .50 caliber rifle, or .50 caliber cartridge.
8 (d) Except as otherwise provided in subsections (e), (f), 
9and (h), 300 days after the effective date of this amendatory 
10Act of the 102nd General Assembly, it is unlawful for any 
11person within this State to knowingly possess an assault 
12weapon, .50 caliber rifle, or .50 caliber cartridge. 
13 (e) This Section does not apply to a person who possessed 
14an assault weapon or .50 caliber rifle prohibited by 
15subsection (d) of this Section before the effective date of 
16this amendatory Act of the 102nd General Assembly, provided 
17the person has provided in a registration affidavit, under 
18oath or affirmation and in the form and manner prescribed by 
19the Illinois State Police on or after 180 days after the 
20effective date of this amendatory Act of the 102nd General 
21Assembly but within 300 days after the effective date of this 
22amendatory Act of the 102nd General Assembly:
23  (1) his or her name;
24  (2) date of birth;
25  (3) Firearm Owner's Identification Card number;
26  (4) the make, model, caliber, and serial number of the 
 
 
HB5522- 6 -LRB102 25017 RLC 34274 b


1 weapon; and
2  (5) proof of a locking mechanism that properly fits 
3 the weapon. The affidavit shall include a statement that 
4 the weapon is owned by the person submitting the affidavit 
5 and that he or she owns a locking mechanism for the weapon.
6 The affidavit form shall include the following statement 
7printed in bold type: "Warning: Entering false information on 
8this form is punishable as perjury under Section 32-2 of the 
9Criminal Code of 2012."
10 Beginning 300 days after the effective date of this 
11amendatory Act of the 102nd General Assembly, the person may 
12transfer the assault weapon or .50 caliber rifle only to an 
13heir, an individual residing in another state maintaining it 
14in another state, or a dealer licensed as a federal firearms 
15dealer under Section 923 of the federal Gun Control Act of 
161968. Within 10 days after transfer of the weapon except to an 
17heir, the person shall notify the Illinois State Police of the 
18name and address of the transferee and comply with the 
19requirements of subsection (b) of Section 3 of the Firearm 
20Owners Identification Card Act. The person to whom the weapon 
21is transferred shall, within 60 days of the transfer, complete 
22an affidavit and pay the required registration fee under this 
23Section. A person to whom the weapon is transferred may 
24transfer it only as provided in this subsection.
25 (f) This Section does not apply to a peace officer who has 
26retired in good standing from a law enforcement agency of this 
 
 
HB5522- 7 -LRB102 25017 RLC 34274 b


1State and who possesses an assault weapon or .50 caliber rifle 
2prohibited by subsection (d), if the weapon was lawfully 
3possessed and acquired by the peace officer prior to 
4retirement and the retired peace officer within 30 days of 
5retirement registers the weapon with the Illinois State Police 
6and pays the required registration fee under this Section. The 
7retired peace officer shall comply with the transfer and 
8notification requirements in subsection (e). 
9 (g) For the purpose of registration required under 
10subsections (e) and (f), the Illinois State Police shall 
11assess a registration fee of $25 per person to the owner of an 
12assault weapon and $25 per person to the owner of a .50 caliber 
13rifle. The fees shall be deposited into the State Police 
14Firearm Services Fund. 
15 (h) This Section does not apply to or affect any of the 
16following:
17  (1) Peace officers as defined in Section 2-13 of this 
18 Code.
19  (2) Acquisition and possession by a local law 
20 enforcement agency for the purpose of equipping the 
21 agency's peace officers as defined in paragraph (1) of 
22 this subsection (h). 
23  (3) Wardens, superintendents, and keepers of prisons, 
24 penitentiaries, jails, and other institutions for the 
25 detention of persons accused or convicted of an offense.
26  (4) Members of the Armed Services or Reserve Forces of 
 
 
HB5522- 8 -LRB102 25017 RLC 34274 b


1 the United States or the Illinois National Guard, while in 
2 the performance of their official duties or while 
3 traveling to or from their place of duty.
4  (5) Any company that employs armed security officers 
5 in this State at a nuclear energy, storage, weapons, or 
6 development site or facility regulated by the federal 
7 Nuclear Regulatory Commission and persons employed as an 
8 armed security force member at a nuclear energy, storage, 
9 weapons, or development site or facility regulated by the 
10 federal Nuclear Regulatory Commission who have completed 
11 the background screening and training mandated by the 
12 rules and regulations of the federal Nuclear Regulatory 
13 Commission and while in the performance of their official 
14 duties. 
15  (6) Manufacture, transportation, or sale of weapons, 
16 attachments, or ammunition to persons authorized under 
17 subdivisions (1) through (5) of this subsection (h) to 
18 possess those items.
19  (7) Manufacture, transportation, or sale of weapons, 
20 attachments, or ammunition for sale or transfer in another 
21 state. 
22  (8) Possession of any firearm if that firearm is 
23 sanctioned by the International Olympic Committee and by 
24 USA Shooting, the national governing body for 
25 international shooting competition in the United States, 
26 but only when the firearm is in the actual possession of an 
 
 
HB5522- 9 -LRB102 25017 RLC 34274 b


1 Olympic target shooting competitor or target shooting 
2 coach for the purpose of storage, transporting to and from 
3 Olympic target shooting practice or events if the firearm 
4 is broken down in a non-functioning state, is not 
5 immediately accessible, or is unloaded and enclosed in a 
6 firearm case, carrying box, shipping box, or other similar 
7 portable container designed for the safe transportation of 
8 firearms, and when the Olympic target shooting competitor 
9 or target shooting coach is engaging in those practices or 
10 events. For the purposes of this paragraph (8), "firearm" 
11 is as defined in Section 1.1 of the Firearm Owners 
12 Identification Card Act.
13  (9) Any non-resident who transports, within 24 hours, 
14 a weapon for any lawful purpose from any place where he or 
15 she may lawfully possess and carry that weapon to any 
16 other place where he or she may lawfully possess and carry 
17 that weapon if, during the transportation the weapon is 
18 unloaded, and neither the weapon nor any ammunition being 
19 transported is readily accessible or is directly 
20 accessible from the passenger compartment of the 
21 transporting vehicle. Provided that, in the case of a 
22 vehicle without a compartment separate from the driver's 
23 compartment the weapon or ammunition shall be contained in 
24 a locked container other than the glove compartment or 
25 console. 
26  (10) Possession of a weapon at events taking place at 
 
 
HB5522- 10 -LRB102 25017 RLC 34274 b


1 the World Shooting and Recreational Complex at Sparta, 
2 only while engaged in the legal use of this weapon, or 
3 while traveling to or from this location if the weapon is 
4 broken down in a non-functioning state, or is not 
5 immediately accessible, or is unloaded and enclosed in a 
6 firearm case, carrying box, shipping box, or other similar 
7 portable container designed for the safe transportation of 
8 firearms. 
9  (11) Possession of a weapon only for hunting use 
10 expressly permitted under the Wildlife Code, or while 
11 traveling to or from a location authorized for this 
12 hunting use under the Wildlife Code if the weapon is 
13 broken down in a non-functioning state, or is not 
14 immediately accessible, or is unloaded and enclosed in a 
15 firearm case, carrying box, shipping box, or other similar 
16 portable container designed for the safe transportation of 
17 firearms. 
18  (12) The manufacture, transportation, possession, 
19 sale, or rental of blank-firing assault weapons and .50 
20 caliber rifles, or the weapon's respective attachments, to 
21 persons authorized or permitted, or both authorized and 
22 permitted to acquire and possess these weapons or 
23 attachments for the purpose of rental for use solely as 
24 props for a motion picture, television, or video 
25 production or entertainment event. 
26 (i) Sentence.
 
 
HB5522- 11 -LRB102 25017 RLC 34274 b


1  (1) A person who knowingly delivers, sells, purchases, 
2 or possesses or causes to be delivered, sold, purchased, 
3 or possessed an assault weapon in violation of this 
4 Section commits a Class 3 felony for a first violation and 
5 a Class 2 felony for a second or subsequent violation or 
6 for the possession or delivery of 2 or more of these 
7 weapons at the same time.
8  (2) A person who knowingly delivers, sells, purchases, 
9 or possesses or causes to be delivered, sold, purchased, 
10 or possessed in violation of this Section an assault 
11 weapon attachment commits a Class 4 felony for a first 
12 violation and a Class 3 felony for a second or subsequent 
13 violation.
14  (3) A person who knowingly delivers, sells, purchases, 
15 or possesses or causes to be delivered, sold, purchased, 
16 or possessed in violation of this Section a .50 caliber 
17 rifle commits a Class 3 felony for a first violation and a 
18 Class 2 felony for a second or subsequent violation or for 
19 the possession or delivery of 2 or more of these weapons at 
20 the same time.
21  (4) A person who knowingly delivers, sells, purchases, 
22 or possesses or causes to be delivered, sold, purchased, 
23 or possessed in violation of this Section a .50 caliber 
24 cartridge commits a Class A misdemeanor.
25  (5) Any other violation of this Section is a Class A 
26 misdemeanor.

 
 
HB5522- 12 -LRB102 25017 RLC 34274 b


1 (720 ILCS 5/24-1.10 new)
2 Sec. 24-1.10. Delivery or sale of large capacity 
3ammunition feeding devices.
4 (a) In this Section:
5 "Large capacity ammunition feeding device" means:
6  (1) a magazine, belt, drum, feed strip, or similar 
7 device that has a capacity of, or that can be readily 
8 restored or converted to accept, more than 10 rounds of 
9 ammunition; or
10  (2) any combination of parts from which a device 
11 described in paragraph (1) can be assembled.
12 "Large capacity ammunition feeding device" does not 
13include an attached tubular device designed to accept, and 
14capable of operating only with, .22 caliber rimfire 
15ammunition. "Large capacity ammunition feeding device" does 
16not include a tubular magazine
that is contained in a 
17lever-action firearm or any device that has been made 
18permanently inoperable.
19 (b) Except as provided in subsection (c), it is unlawful 
20for any person within this State to knowingly deliver, sell, 
21purchase, or possess or cause to be delivered, sold, or 
22purchased a large capacity ammunition feeding device.
23 (c) This Section does not apply to or affect any of the 
24following:
25  (1) Peace officers as defined in Section 2-13 of this 
 
 
HB5522- 13 -LRB102 25017 RLC 34274 b


1 Code.
2  (2) A local law enforcement agency for the purpose of 
3 equipping the agency's peace officers as defined in 
4 paragraph (1) of this subsection (c). 
5  (3) Wardens, superintendents, and keepers of prisons, 
6 penitentiaries, jails, and other institutions for the 
7 detention of persons accused or convicted of an offense.
8  (4) Members of the Armed Services or Reserve Forces of 
9 the United States or the Illinois National Guard, for the 
10 performance of their official duties.
11  (5) Any company that employs armed security officers 
12 in this State at a nuclear energy, storage, weapons, or 
13 development site or facility regulated by the federal 
14 Nuclear Regulatory Commission and persons employed as an 
15 armed security force member at a nuclear energy, storage, 
16 weapons, or development site or facility regulated by the 
17 federal Nuclear Regulatory Commission who have completed 
18 the background screening and training mandated by the 
19 rules and regulations of the federal Nuclear Regulatory 
20 Commission for the performance of their official duties. 
21  (6) Sale of large capacity ammunition feeding devices 
22 to persons authorized under subdivisions (1) through (5) 
23 of this subsection (c) to possess those devices.
24  (7) Sale of large capacity ammunition feeding devices 
25 for sale or transfer in another state. 
26  (8) Sale or rental of large capacity ammunition 
 
 
HB5522- 14 -LRB102 25017 RLC 34274 b


1 feeding devices for blank-firing assault weapons and .50 
2 caliber rifles, to persons authorized or permitted, or 
3 both authorized and permitted to acquire these devices for 
4 the purpose of rental for use solely as props for a motion 
5 picture, television, or video production or entertainment 
6 event. 
7 (d) Sentence. A person who knowingly delivers, sells, 
8purchases, or causes to be delivered, sold, or purchased in 
9violation of this Section a large capacity ammunition feeding 
10device capable of holding more than 15 rounds of ammunition 
11commits a Class 3 felony for a first violation and a Class 2 
12felony for a second or subsequent violation or for delivery or 
13possession of 2 or more of these devices at the same time. Any 
14other violation of this Section is a Class A misdemeanor.