Bill Text: IL HB1465 | 2017-2018 | 100th General Assembly | Engrossed

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Bill Title: Amends the Criminal Code of 2012. Makes a technical change in a Section concerning conspiracy.

Spectrum: Partisan Bill (Democrat 25-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB1465 Detail]

Download: Illinois-2017-HB1465-Engrossed.html

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HB1465 Engrossed LRB100 03289 RLC 13294 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by adding
Sections 24-1.9 and 24-1.10 as follows:
(720 ILCS 5/24-1.9 new)
Sec. 24-1.9. Delivery or sale of assault weapons, assault
weapon attachments, .50 caliber rifles, and .50 caliber
cartridges to persons under 21 years of age prohibited;
possession of assault weapons, assault weapon attachments, .50
caliber rifles, and .50 caliber cartridges by persons under 21
years of age prohibited.
(a) Definitions. In this Section:
(1) "Assault weapon" means:
(A) any rifle which has a belt fed ammunition
system or which has a detachable magazine capable of
holding more than 10 rounds of ammunition;
(B) a semi-automatic rifle that has the ability to
accept a detachable magazine and has any of the
following:
(i) a folding or telescoping stock; or
(ii) a shroud that is attached to, or partially
or completely encircles the barrel, and that

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permits the shooter to hold the firearm with the
non-trigger hand without being burned;
(C) a semi-automatic pistol that has the ability to
accept a detachable magazine and has any of the
following:
(i) a folding or telescoping stock;
(ii) a shroud that is attached to, or partially
or completely encircles the barrel, and that
permits the shooter to hold the firearm with the
non-trigger hand without being burned; or
(iii) a manufactured weight of 50 ounces or
more when the pistol is unloaded;
(D) a semi-automatic rifle with a fixed magazine
that has the capacity to accept more than 10 rounds of
ammunition; or
(E) a semi-automatic shotgun that has:
(i) a folding or telescoping stock; and
(ii) contains its ammunition in a revolving
cylinder; or
(iii) a fixed magazine capacity in excess of 5
rounds of ammunition, except as may be authorized
under the Wildlife Code and excluding magazine
extensions during the snow geese conservation
order season; or
(iv) an ability to accept a detachable
magazine of more than 5 rounds of ammunition;

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(F) a .50 caliber rifle centerfire rifle capable of
firing a .50 caliber cartridge, not including any
antique firearm, any shotgun including a shotgun that
has a rifle barrel, or any muzzle-loader which uses
black powder for hunting or historical re-enactments.
"Assault weapon" does not include:
(A) any firearm that:
(i) is manually operated by bolt, pump, lever,
or slide action;
(ii) is an unserviceable firearm or has been
made permanently inoperable;
(iii) is an antique firearm;
(iv) uses rimfire ammunition or cartridges; or
(iv) has been excluded as an assault weapon in
a Department of Natural Resources rule. The
Department of Natural Resources shall have the
authority to adopt rules to further define
exclusions of assault weapon types under this
Section, provided the make, model, and caliber of
the firearm excluded has a viable application to
hunting game and conforms to accepted hunting
principles of fair chase.
(B) any air rifle as defined in Section 24.8-0.1 of
this Code.
In this Section, a firearm is considered to have the
ability to accept a detachable magazine unless the magazine or

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ammunition feeding device can only be removed through
disassembly of the firearm action.
(2) "Assault weapon attachment" means any device
capable of being attached to a firearm that is specifically
designed for making or converting a firearm into any of the
firearms listed in paragraph (1) of this subsection (a).
(3) "Antique firearm" has the meaning ascribed to it in
18 U.S.C. 921 (a)(16).
(4) ".50 caliber cartridge" means a cartridge in .50
BMG caliber, either by designation or actual measurement,
that is capable of being fired from a centerfire rifle, not
including any memorabilia or display item that is filled
with a permanent inert substance or that is otherwise
permanently altered in a manner that prevents ready
modification for use as live ammunition or shotgun
ammunition with a caliber measurement that is equal to or
greater than .50 caliber.
(5) "Locking mechanism" means secured by a device or
mechanism, other than the firearm safety, designed to
render a firearm temporarily inoperable; or a box or
container capable of containing the firearm and that can be
securely locked.
(b) Except as provided in subsection (d) of this Section,
on or after the effective date of this amendatory Act of the
100th General Assembly, it is unlawful for any person within
this State to knowingly deliver or sell, or cause to be

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delivered or sold, an assault weapon, assault weapon
attachment, .50 caliber rifle, or .50 caliber cartridge to any
person under 21 years of age.
(c) Except as otherwise provided in subsection (d) of this
Section, 90 days after the effective date of this amendatory
Act of the 100th General Assembly, it is unlawful for any
person under 21 years of age within this State to knowingly
possess an assault weapon, assault weapon attachment, .50
caliber rifle, or .50 caliber cartridge.
(d) This Section does not apply to or affect any of the
following:
(1) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard, while in
the performance of their official duties or while traveling
to or from their place of duty.
(2) Transportation, transfer, or sale of weapons,
attachments, or ammunition for sale or transfer in another
state.
(3) Possession of any firearm if that firearm is
sanctioned by the International Olympic Committee or by USA
Shooting, the national governing body for international
shooting competition in the United States, but only when
the firearm is in the actual possession of an Olympic
target shooting competitor or target shooting coach for the
purpose of storage, transporting to and from Olympic target
shooting practice or events if the firearm is broken down

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in a non-functioning state, is not immediately accessible,
or is unloaded and enclosed in a firearm case, carrying
box, shipping box, or other similar portable container
designed for the safe transportation of firearms, and when
the Olympic target shooting competitor or target shooting
coach is engaging in those practices or events.
(3.5) Possession of a firearm for the limited purpose
of training for or participation in a sanctioned
competitive shooting event supervised by a certified
firearms instructor, if, while traveling to or from the
location the firearm is broken down in a non-functioning
state, is not immediately accessible, or is unloaded and
enclosed in a firearm case, carrying box, shipping box, or
other similar portable container designed for the safe
transportation of firearms. In this paragraph (3.5),
"sanctioned competitive shooting event" has the same
meaning ascribed to the term in Section 1.1 of the Firearm
Owners Identification Card Act.
(4) Any non-resident who transports, within 24 hours, a
weapon for any lawful purpose from any place where he or
she may lawfully possess and carry that weapon to any other
place where he or she may lawfully possess and carry that
weapon if, during the transportation the weapon is
unloaded, and neither the weapon nor any ammunition being
transported is readily accessible or is directly
accessible from the passenger compartment of the

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transporting vehicle. Provided that, in the case of a
vehicle without a compartment separate from the driver's
compartment the weapon or ammunition shall be contained in
a locked container other than the glove compartment or
console.
(5) Possession of a weapon at events taking place at
the World Shooting and Recreational Complex at Sparta, only
while engaged in the legal use of this weapon, or while
traveling to or from this location if the weapon is broken
down in a non-functioning state, or is not immediately
accessible, or is unloaded and enclosed in a firearm case,
carrying box, shipping box, or other similar portable
container designed for the safe transportation of
firearms.
(6) Possession of a weapon only for hunting use
expressly permitted under the Wildlife Code, or while
traveling to or from a location authorized for this hunting
use under the Wildlife Code if the weapon is broken down in
a non-functioning state, or is not immediately accessible,
or is unloaded and enclosed in a firearm case, carrying
box, shipping box, or other similar portable container
designed for the safe transportation of firearms.
(7) The manufacture, transportation, possession, sale,
or rental of blank-firing assault weapons and .50 caliber
rifles, or the weapon's respective attachments, to persons
authorized or permitted, or both authorized and permitted

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to acquire and possess these weapons or attachments for the
purpose of rental for use solely as props for a motion
picture, television, or video production or entertainment
event.
(e) Sentence.
(1) A person who knowingly delivers, sells, or
possesses or causes to be delivered or sold, in violation
of this Section an assault weapon commits a Class 3 felony
for a first violation and a Class 2 felony for a second or
subsequent violation or for the possession or delivery of 2
or more of these weapons at the same time.
(2) A person who knowingly delivers, sells, or
possesses or causes to be delivered or sold, in violation
of this Section an assault weapon attachment commits a
Class 4 felony for a first violation and a Class 3 felony
for a second or subsequent violation.
(3) A person who knowingly delivers, sells, or
possesses or causes to be delivered or sold, in violation
of this Section a .50 caliber rifle commits a Class 3
felony for a first violation and a Class 2 felony for a
second or subsequent violation or for the possession or
delivery of 2 or more of these weapons at the same time.
(4) A person who knowingly delivers, sells, or
possesses or causes to be delivered or sold, in violation
of this Section a .50 caliber cartridge commits a Class A
misdemeanor.

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(720 ILCS 5/24-1.10 new)
Sec. 24-1.10. Delivery or sale of large capacity ammunition
feeding devices to persons under 21 years of age prohibited.
(a) In this Section:
"Large capacity ammunition feeding device" means:
(1) a magazine, belt, drum, feed strip, or similar
device that has a capacity of, or that can be readily
restored or converted to accept, more than 10 rounds of
ammunition; or
(2) any combination of parts from which a device
described in paragraph (1) of this subsection (a) can be
assembled.
"Large capacity ammunition feeding device" does not
include an attached tubular device designed to accept, and
capable of operating only with, .22 caliber rimfire ammunition
or a tubular magazine that is contained in a lever-action
firearm or any device that has been made permanently
inoperable.
(b) Except as provided in subsection (c) of this Section,
it is unlawful for any person within this State to knowingly
deliver or sell, or cause to be delivered or sold, a large
capacity ammunition feeding device to a person under 21 years
of age.
(b-5) Except as provided in subsection (c) of this Section,
it is unlawful for any person under 21 years of age to possess

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a large capacity ammunition feeding device within this State.
(c) This Section does not apply to or affect any of the
following:
(1) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard, for the
performance of their official duties.
(2) Sale of large capacity ammunition feeding devices
for sale or transfer in another state.
(3) Sale or rental of large capacity ammunition feeding
devices for blank-firing assault weapons and .50 caliber
rifles, to persons authorized or permitted, or both
authorized and permitted to acquire these devices for the
purpose of rental for use solely as props for a motion
picture, television, or video production or entertainment
event.
(d) Sentence. A person who knowingly delivers, sells,
possesses, or causes to be delivered or sold, in violation of
this Section a large capacity ammunition feeding device capable
of holding more than 15 rounds of ammunition commits a Class 3
felony for a first violation and a Class 2 felony for a second
or subsequent violation or for delivery or possession of 2 or
more of these devices at the same time. Any other violation of
this Section is a Class A misdemeanor.
Section 99. Effective date. This Act takes effect upon
becoming law.