Bill Text: IL HB0715 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Firearm Owners Identification Card Act. Deletes existing preemption provisions concerning firearms. Provides that regulation of the ownership and possession of firearms and related items are the exclusive powers and functions of the State. Provides that a local government, including a home rule unit, may not require registration, reporting of the sale or transfer of a firearm, or maintenance of a firearm registry. Provides that any existing or future local ordinances or resolutions imposing any registration requirement on firearms and related items are invalid and void. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced) 2017-10-11 - Added Co-Sponsor Rep. Natalie Phelps Finnie [HB0715 Detail]

Download: Illinois-2017-HB0715-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0715

Introduced , by Rep. Jerry Costello, II

SYNOPSIS AS INTRODUCED:
430 ILCS 65/13.1 from Ch. 38, par. 83-13.1

Amends the Firearm Owners Identification Card Act. Deletes existing preemption provisions concerning firearms. Provides that regulation of the ownership and possession of firearms and related items are the exclusive powers and functions of the State. Provides that a local government, including a home rule unit, may not require registration, reporting of the sale or transfer of a firearm, or maintenance of a firearm registry. Provides that any existing or future local ordinances or resolutions imposing any registration requirement on firearms and related items are invalid and void. 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,
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) (Blank). Except as otherwise provided in the Firearm
9Concealed Carry Act and subsections (b) and (c) of this
10Section, the provisions of any ordinance enacted by any
11municipality which requires registration or imposes greater
12restrictions or limitations on the acquisition, possession and
13transfer of firearms than are imposed by this Act, are not
14invalidated or affected by this Act.
15 (b) (Blank). Notwithstanding subsection (a) of this
16Section, the regulation, licensing, possession, and
17registration of handguns and ammunition for a handgun, and the
18transportation of any firearm and ammunition by a holder of a
19valid Firearm Owner's Identification Card issued by the
20Department of State Police under this Act are exclusive powers
21and functions of this State. Any ordinance or regulation, or
22portion of that ordinance or regulation, enacted on or before
23the effective date of this amendatory Act of the 98th General

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1Assembly that purports to impose regulations or restrictions on
2a holder of a valid Firearm Owner's Identification Card issued
3by the Department of State Police under this Act in a manner
4that is inconsistent with this Act, on the effective date of
5this amendatory Act of the 98th General Assembly, shall be
6invalid in its application to a holder of a valid Firearm
7Owner's Identification Card issued by the Department of State
8Police under 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 (d) (Blank). For the purposes of this Section, "handgun"
5has the meaning ascribed to it in Section 5 of the Firearm
6Concealed Carry Act.
7 (d-1) The regulation of the ownership and possession of
8firearms and ammunition, components, accessories, or
9accoutrements for firearms are exclusive powers and functions
10of this State. A unit of local government, including a home
11rule unit, may not require the registration of the person or
12firearm or ammunition as a condition of ownership or possession
13of the firearm or ammunition.
14 (d-2) No unit of local government, including a home rule
15unit, may require that any person, corporation, or entity
16report the sale or transfer of a firearm or ammunition or
17maintain a registry or list of the sale or transfer of a
18firearm or ammunition.
19 (d-3) The provisions of any ordinance or resolution adopted
20before, on, or after the effective date of this amendatory Act
21of the 100th General Assembly by any unit of local government,
22including a home rule unit, that imposes any type of
23registration requirement on the ownership or possession of
24firearms and ammunition, components, accessories, and
25accoutrements of firearms are invalid and void.
26 (e) This Section is a denial and limitation of home rule

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1powers and functions under subsection (h) of Section 6 of
2Article VII of the Illinois Constitution.
3(Source: P.A. 98-63, eff. 7-9-13.)
4 Section 99. Effective date. This Act takes effect upon
5becoming law.
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