Bill Text: IL HB1465 | 2017-2018 | 100th General Assembly | Engrossed
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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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 2012 is amended by adding | ||||||
5 | Sections 24-1.9 and 24-1.10 as follows:
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6 | (720 ILCS 5/24-1.9 new) | ||||||
7 | Sec. 24-1.9. Delivery or sale of assault weapons, assault | ||||||
8 | weapon attachments, .50 caliber rifles, and .50 caliber | ||||||
9 | cartridges to persons under 21 years of age prohibited; | ||||||
10 | possession of assault weapons, assault weapon attachments, .50 | ||||||
11 | caliber rifles, and .50 caliber cartridges by persons under 21 | ||||||
12 | years of age prohibited. | ||||||
13 | (a) Definitions. In this Section: | ||||||
14 | (1) "Assault weapon" means: | ||||||
15 | (A) any rifle which has a belt fed ammunition | ||||||
16 | system or which has a detachable magazine capable of | ||||||
17 | holding more than 10 rounds of ammunition; | ||||||
18 | (B) a semi-automatic rifle that has the ability to | ||||||
19 | accept a detachable magazine and has any of the | ||||||
20 | following: | ||||||
21 | (i) a folding or telescoping stock; or | ||||||
22 | (ii) a shroud that is attached to, or partially | ||||||
23 | or completely encircles the barrel, and that |
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1 | permits the shooter to hold the firearm with the | ||||||
2 | non-trigger hand without being burned; | ||||||
3 | (C) a semi-automatic pistol that has the ability to | ||||||
4 | accept a detachable magazine and has any of the | ||||||
5 | following: | ||||||
6 | (i) a folding or telescoping stock; | ||||||
7 | (ii) a shroud that is attached to, or partially | ||||||
8 | or completely encircles the barrel, and that | ||||||
9 | permits the shooter to hold the firearm with the | ||||||
10 | non-trigger hand without being burned; or | ||||||
11 | (iii) a manufactured weight of 50 ounces or | ||||||
12 | more when the pistol is unloaded; | ||||||
13 | (D) a semi-automatic rifle with a fixed magazine | ||||||
14 | that has the capacity to accept more than 10 rounds of | ||||||
15 | ammunition; or | ||||||
16 | (E) a semi-automatic shotgun that has: | ||||||
17 | (i) a folding or telescoping stock; and | ||||||
18 | (ii) contains its ammunition in a revolving | ||||||
19 | cylinder; or | ||||||
20 | (iii) a fixed magazine capacity in excess of 5 | ||||||
21 | rounds of ammunition, except as may be authorized | ||||||
22 | under the Wildlife Code and excluding magazine | ||||||
23 | extensions during the snow geese conservation | ||||||
24 | order season; or | ||||||
25 | (iv) an ability to accept a detachable | ||||||
26 | magazine of more than 5 rounds of ammunition; |
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1 | (F) a .50 caliber rifle centerfire rifle capable of | ||||||
2 | firing a .50 caliber cartridge, not including any | ||||||
3 | antique firearm, any shotgun including a shotgun that | ||||||
4 | has a rifle barrel, or any muzzle-loader which uses | ||||||
5 | black powder for hunting or historical re-enactments. | ||||||
6 | "Assault weapon" does not include: | ||||||
7 | (A) any firearm that: | ||||||
8 | (i) is manually operated by bolt, pump, lever, | ||||||
9 | or slide action; | ||||||
10 | (ii) is an unserviceable firearm or has been | ||||||
11 | made permanently inoperable; | ||||||
12 | (iii) is an antique firearm; | ||||||
13 | (iv) uses rimfire ammunition or cartridges;
or | ||||||
14 | (iv) has been excluded as an assault weapon in | ||||||
15 | a Department of Natural Resources rule. The | ||||||
16 | Department of Natural Resources shall have the | ||||||
17 | authority to adopt rules to further define | ||||||
18 | exclusions of assault weapon types under this | ||||||
19 | Section, provided the make, model, and caliber of | ||||||
20 | the firearm excluded has a viable application to | ||||||
21 | hunting game and conforms to accepted hunting | ||||||
22 | principles of fair chase. | ||||||
23 | (B) any air rifle as defined in Section 24.8-0.1 of | ||||||
24 | this Code. | ||||||
25 | In this Section, a firearm is considered to have the | ||||||
26 | ability to accept a detachable magazine unless the magazine or |
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1 | ammunition feeding device can only be removed through | ||||||
2 | disassembly of the firearm action. | ||||||
3 | (2) "Assault weapon attachment" means any device | ||||||
4 | capable of being attached to a firearm that is specifically | ||||||
5 | designed for making or converting a firearm into any of the | ||||||
6 | firearms listed in paragraph (1) of this subsection (a). | ||||||
7 | (3) "Antique firearm" has the meaning ascribed to it in | ||||||
8 | 18 U.S.C. 921 (a)(16). | ||||||
9 | (4) ".50 caliber cartridge" means a cartridge in .50 | ||||||
10 | BMG caliber, either by designation or actual measurement, | ||||||
11 | that is capable of being fired from a centerfire rifle, not | ||||||
12 | including any memorabilia or display item that is filled | ||||||
13 | with a permanent inert substance or that is otherwise | ||||||
14 | permanently altered in a manner that prevents ready | ||||||
15 | modification for use as live ammunition or shotgun | ||||||
16 | ammunition with a caliber measurement that is equal to or | ||||||
17 | greater than .50 caliber. | ||||||
18 | (5) "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 be | ||||||
22 | securely locked. | ||||||
23 | (b) Except as provided in subsection (d) of this Section, | ||||||
24 | on or after the effective date of this amendatory Act of the | ||||||
25 | 100th General Assembly, it is unlawful for any person within | ||||||
26 | this State to knowingly deliver or sell, or cause to be |
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1 | delivered or sold, an assault weapon, assault weapon | ||||||
2 | attachment, .50 caliber rifle, or .50 caliber cartridge to any | ||||||
3 | person under 21 years of age. | ||||||
4 | (c) Except as otherwise provided in subsection (d) of this | ||||||
5 | Section, 90 days after the effective date of this amendatory | ||||||
6 | Act of the 100th General Assembly, it is unlawful for any | ||||||
7 | person under 21 years of age within this State to knowingly | ||||||
8 | possess an assault weapon, assault weapon attachment, .50 | ||||||
9 | caliber rifle, or .50 caliber cartridge. | ||||||
10 | (d) This Section does not apply to or affect any of the | ||||||
11 | following: | ||||||
12 | (1) Members of the Armed Services or Reserve Forces of | ||||||
13 | the United States or the Illinois National Guard, while in | ||||||
14 | the performance of their official duties or while traveling | ||||||
15 | to or from their place of duty. | ||||||
16 | (2) Transportation, transfer, or sale of weapons, | ||||||
17 | attachments, or ammunition for sale or transfer in another | ||||||
18 | state. | ||||||
19 | (3) Possession of any firearm if that firearm is | ||||||
20 | sanctioned by the International Olympic Committee or by USA | ||||||
21 | Shooting, the national governing body for international | ||||||
22 | shooting competition in the United States, but only when | ||||||
23 | the firearm is in the actual possession of an Olympic | ||||||
24 | target shooting competitor or target shooting coach for the | ||||||
25 | purpose of storage, transporting to and from Olympic target | ||||||
26 | shooting practice or events if the firearm is broken down |
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1 | in a non-functioning state, is not immediately accessible, | ||||||
2 | or is unloaded and enclosed in a firearm case, carrying | ||||||
3 | box, shipping box, or other similar portable container | ||||||
4 | designed for the safe transportation of firearms, and when | ||||||
5 | the Olympic target shooting competitor or target shooting | ||||||
6 | coach is engaging in those practices or events. | ||||||
7 | (3.5) Possession of a firearm for the limited purpose | ||||||
8 | of training for or participation in a sanctioned | ||||||
9 | competitive shooting event supervised by a certified | ||||||
10 | firearms instructor, if, while traveling to or from the | ||||||
11 | location the firearm is broken down in a non-functioning | ||||||
12 | state, is not immediately accessible, or is unloaded and | ||||||
13 | enclosed in a firearm case, carrying box, shipping box, or | ||||||
14 | other similar portable container designed for the safe | ||||||
15 | transportation of firearms. In this paragraph (3.5), | ||||||
16 | "sanctioned competitive shooting event" has the same | ||||||
17 | meaning ascribed to the term in Section 1.1 of the Firearm | ||||||
18 | Owners Identification Card Act. | ||||||
19 | (4) Any non-resident who transports, within 24 hours, a | ||||||
20 | weapon for any lawful purpose from any place where he or | ||||||
21 | she may lawfully possess and carry that weapon to any other | ||||||
22 | place where he or she may lawfully possess and carry that | ||||||
23 | weapon if, during the transportation the weapon is | ||||||
24 | unloaded, and neither the weapon nor any ammunition being | ||||||
25 | transported is readily accessible or is directly | ||||||
26 | accessible from the passenger compartment of the |
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1 | transporting vehicle. Provided that, in the case of a | ||||||
2 | vehicle without a compartment separate from the driver's | ||||||
3 | compartment the weapon or ammunition shall be contained in | ||||||
4 | a locked container other than the glove compartment or | ||||||
5 | console. | ||||||
6 | (5) Possession of a weapon at events taking place at | ||||||
7 | the World Shooting and Recreational Complex at Sparta, only | ||||||
8 | while engaged in the legal use of this weapon, or while | ||||||
9 | traveling to or from this location if the weapon is broken | ||||||
10 | down in a non-functioning state, or is not immediately | ||||||
11 | accessible, or is unloaded and enclosed in a firearm case, | ||||||
12 | carrying box, shipping box, or other similar portable | ||||||
13 | container designed for the safe transportation of | ||||||
14 | firearms. | ||||||
15 | (6) Possession of a weapon only for hunting use | ||||||
16 | expressly permitted under the Wildlife Code, or while | ||||||
17 | traveling to or from a location authorized for this hunting | ||||||
18 | use under the Wildlife Code if the weapon is broken down in | ||||||
19 | a non-functioning state, or is not immediately accessible, | ||||||
20 | or is unloaded and enclosed in a firearm case, carrying | ||||||
21 | box, shipping box, or other similar portable container | ||||||
22 | designed for the safe transportation of firearms. | ||||||
23 | (7) The manufacture, transportation, possession, sale, | ||||||
24 | or rental of blank-firing assault weapons and .50 caliber | ||||||
25 | rifles, or the weapon's respective attachments, to persons | ||||||
26 | authorized or permitted, or both authorized and permitted |
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1 | to acquire and possess these weapons or attachments for the | ||||||
2 | purpose of rental for use solely as props for a motion | ||||||
3 | picture, television, or video production or entertainment | ||||||
4 | event. | ||||||
5 | (e) Sentence. | ||||||
6 | (1) A person who knowingly delivers, sells, or | ||||||
7 | possesses or causes to be delivered or sold, in violation | ||||||
8 | of this Section an assault weapon commits a Class 3 felony | ||||||
9 | for a first violation and a Class 2 felony for a second or | ||||||
10 | subsequent violation or for the possession or delivery of 2 | ||||||
11 | or more of these weapons at the same time. | ||||||
12 | (2) A person who knowingly delivers, sells, or | ||||||
13 | possesses or causes to be delivered or sold, in violation | ||||||
14 | of this Section an assault weapon attachment commits a | ||||||
15 | Class 4 felony for a first violation and a Class 3 felony | ||||||
16 | for a second or subsequent violation. | ||||||
17 | (3) A person who knowingly delivers, sells, or | ||||||
18 | possesses or causes to be delivered or sold, in violation | ||||||
19 | of this Section a .50 caliber rifle commits a Class 3 | ||||||
20 | felony for a first violation and a Class 2 felony for a | ||||||
21 | second or subsequent violation or for the possession or | ||||||
22 | delivery of 2 or more of these weapons at the same time. | ||||||
23 | (4) A person who knowingly delivers, sells, or | ||||||
24 | possesses or causes to be delivered or sold, in violation | ||||||
25 | of this Section a .50 caliber cartridge commits a Class A | ||||||
26 | misdemeanor.
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1 | (720 ILCS 5/24-1.10 new) | ||||||
2 | Sec. 24-1.10. Delivery or sale of large capacity ammunition | ||||||
3 | feeding devices to persons under 21 years of age prohibited. | ||||||
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) of this subsection (a) can be | ||||||
12 | assembled. | ||||||
13 | "Large capacity ammunition feeding device" does not | ||||||
14 | include an attached tubular device designed to accept, and | ||||||
15 | capable of operating only with, .22 caliber rimfire ammunition | ||||||
16 | or a tubular magazine
that is contained in a lever-action | ||||||
17 | firearm or any device that has been made permanently | ||||||
18 | inoperable. | ||||||
19 | (b) Except as provided in subsection (c) of this Section, | ||||||
20 | it is unlawful for any person within this State to knowingly | ||||||
21 | deliver or sell, or cause to be delivered or sold, a large | ||||||
22 | capacity ammunition feeding device to a person under 21 years | ||||||
23 | of age. | ||||||
24 | (b-5) Except as provided in subsection (c) of this Section, | ||||||
25 | it is unlawful for any person under 21 years of age to possess |
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1 | a large capacity ammunition feeding device within this State. | ||||||
2 | (c) This Section does not apply to or affect any of the | ||||||
3 | following: | ||||||
4 | (1) Members of the Armed Services or Reserve Forces of | ||||||
5 | the United States or the Illinois National Guard, for the | ||||||
6 | performance of their official duties. | ||||||
7 | (2) Sale of large capacity ammunition feeding devices | ||||||
8 | for sale or transfer in another state. | ||||||
9 | (3) Sale or rental of large capacity ammunition feeding | ||||||
10 | devices for blank-firing assault weapons and .50 caliber | ||||||
11 | rifles, to persons authorized or permitted, or both | ||||||
12 | authorized and permitted to acquire these devices for the | ||||||
13 | purpose of rental for use solely as props for a motion | ||||||
14 | picture, television, or video production or entertainment | ||||||
15 | event. | ||||||
16 | (d) Sentence. A person who knowingly delivers, sells, | ||||||
17 | possesses, or causes to be delivered or sold, in violation of | ||||||
18 | this Section a large capacity ammunition feeding device capable | ||||||
19 | of holding more than 15 rounds of ammunition commits a Class 3 | ||||||
20 | felony for a first violation and a Class 2 felony for a second | ||||||
21 | or subsequent violation or for delivery or possession of 2 or | ||||||
22 | more of these devices at the same time. Any other violation of | ||||||
23 | this Section is a Class A misdemeanor.
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24 | Section 99. Effective date. This Act takes effect upon | ||||||
25 | becoming law.
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