Bill Text: IL HB2878 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: 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 this amendatory Act, except possession of weapons registered with the 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.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2020-05-21 - Added Co-Sponsor Rep. Jonathan "Yoni" Pizer [HB2878 Detail]

Download: Illinois-2019-HB2878-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB2878 Introduced , by Rep. Martin J. Moylan 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 this amendatory Act, except possession of weapons registered with the 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.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY FISCAL NOTE ACT MAY APPLY
A BILL FOR
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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. Possession, delivery, sale, and purchase of
assault weapons, .50 caliber rifles, and .50 caliber
cartridges.
(a) Definitions. In this Section:
(1) "Assault weapon" means:
(A) any rifle that 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 that 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

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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 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;
(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.
"Assault weapon" does not include:
(A) any firearm that:
(i) is manually operated by bolt, pump, lever,

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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
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).

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(4) ".50 caliber rifle" means a centerfire rifle
capable of firing a .50 caliber cartridge. The term does
not include 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.
(5) ".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. The
term ".50 caliber cartridge" does not include 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.
(6) "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) The Department of State Police shall take all steps
necessary to carry out the requirements of this Section within
180 days after the effective date of this amendatory Act of the
101st General Assembly.
(c) Except as provided in subsections (d), (e), (f), and
(h), on or after the effective date of this amendatory Act of
the 101st General Assembly, it is unlawful for any person

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within this State to knowingly 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.
(d) Except as otherwise provided in subsections (e), (f),
and (h), 300 days after the effective date of this amendatory
Act of the 101st General Assembly, it is unlawful for any
person within this State to knowingly possess an assault
weapon, .50 caliber rifle, or .50 caliber cartridge.
(e) This Section does not apply to a person who possessed
an assault weapon or .50 caliber rifle prohibited by subsection
(d) of this Section before the effective date of this
amendatory Act of the 101st General Assembly, provided the
person has provided in a registration affidavit, under oath or
affirmation and in the form and manner prescribed by the
Department of State Police on or after 180 days after the
effective date of this amendatory Act of the 101st General
Assembly but within 300 days after the effective date of this
amendatory Act of the 101st General Assembly:
(1) his or her name;
(2) date of birth;
(3) Firearm Owner's Identification Card number;
(4) the make, model, caliber, and serial number of the
weapon; and
(5) proof of a locking mechanism that properly fits the
weapon. The affidavit shall include a statement that the

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weapon is owned by the person submitting the affidavit and
that he or she owns a locking mechanism for the weapon.
The affidavit form shall include the following statement
printed in bold type: "Warning: Entering false information on
this form is punishable as perjury under Section 32-2 of the
Criminal Code of 2012."
Beginning 300 days after the effective date of this
amendatory Act of the 101st General Assembly, the person may
transfer the assault weapon or .50 caliber rifle only to an
heir, an individual residing in another state maintaining it in
another state, or a dealer licensed as a federal firearms
dealer under Section 923 of the federal Gun Control Act of
1968. Within 10 days after transfer of the weapon except to an
heir, the person shall notify the Department of State Police of
the name and address of the transferee and comply with the
requirements of subsection (b) of Section 3 of the Firearm
Owners Identification Card Act. The person to whom the weapon
is transferred shall, within 60 days of the transfer, complete
an affidavit and pay the required registration fee under this
Section. A person to whom the weapon is transferred may
transfer it only as provided in this subsection.
(f) This Section does not apply to a peace officer who has
retired in good standing from a law enforcement agency of this
State and who possesses an assault weapon or .50 caliber rifle
prohibited by subsection (d), if the weapon was lawfully
possessed and acquired by the peace officer prior to retirement

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and the retired peace officer within 30 days of retirement
registers the weapon with the Department of State Police and
pays the required registration fee under this Section. The
retired peace officer shall comply with the transfer and
notification requirements in subsection (e).
(g) For the purpose of registration required under
subsections (e) and (f), the Department of State Police shall
assess a registration fee of $25 per person to the owner of an
assault weapon and $25 per person to the owner of a .50 caliber
rifle. The fees shall be deposited into the State Police
Firearm Services Fund.
(h) This Section does not apply to or affect any of the
following:
(1) Peace officers as defined in Section 2-13 of this
Code.
(2) Acquisition and possession by a local law
enforcement agency for the purpose of equipping the
agency's peace officers as defined in paragraph (1) of this
subsection (h).
(3) Wardens, superintendents, and keepers of prisons,
penitentiaries, jails, and other institutions for the
detention of persons accused or convicted of an offense.
(4) 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.

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(5) Any company that employs armed security officers in
this State at a nuclear energy, storage, weapons, or
development site or facility regulated by the federal
Nuclear Regulatory Commission and persons employed as an
armed security force member at a nuclear energy, storage,
weapons, or development site or facility regulated by the
federal Nuclear Regulatory Commission who have completed
the background screening and training mandated by the rules
and regulations of the federal Nuclear Regulatory
Commission and while in the performance of their official
duties.
(6) Manufacture, transportation, or sale of weapons,
attachments, or ammunition to persons authorized under
subdivisions (1) through (5) of this subsection (h) to
possess those items.
(7) Manufacture, transportation, or sale of weapons,
attachments, or ammunition for sale or transfer in another
state.
(8) Possession of any firearm if that firearm is
sanctioned by the International Olympic Committee and 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

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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, and when the Olympic target shooting competitor
or target shooting coach is engaging in those practices or
events. For the purposes of this paragraph (8), "firearm"
is as defined in Section 1.1 of the Firearm Owners
Identification Card Act.
(9) 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
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.
(10) 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

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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.
(11) 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.
(12) 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 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.
(i) Sentence.
(1) A person who knowingly delivers, sells, purchases,
or possesses or causes to be delivered, sold, purchased, or
possessed an assault weapon in violation of this Section
commits a Class 3 felony for a first violation and a Class

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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, purchases,
or possesses or causes to be delivered, sold, purchased, or
possessed 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, purchases,
or possesses or causes to be delivered, sold, purchased, or
possessed 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, purchases,
or possesses or causes to be delivered, sold, purchased, or
possessed in violation of this Section a .50 caliber
cartridge commits a Class A misdemeanor.
(5) Any other violation of this Section is a Class A
misdemeanor.
(720 ILCS 5/24-1.10 new)
Sec. 24-1.10. Delivery or sale of large capacity ammunition
feeding devices.
(a) In this Section:

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"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) 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.
"Large capacity ammunition feeding device" does not include 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), it is unlawful
for any person within this State to knowingly deliver, sell,
purchase, or possess or cause to be delivered, sold, or
purchased a large capacity ammunition feeding device.
(c) This Section does not apply to or affect any of the
following:
(1) Peace officers as defined in Section 2-13 of this
Code.
(2) A local law enforcement agency for the purpose of
equipping the agency's peace officers as defined in
paragraph (1) of this subsection (c).
(3) Wardens, superintendents, and keepers of prisons,
penitentiaries, jails, and other institutions for the

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detention of persons accused or convicted of an offense.
(4) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard, for the
performance of their official duties.
(5) Any company that employs armed security officers in
this State at a nuclear energy, storage, weapons, or
development site or facility regulated by the federal
Nuclear Regulatory Commission and persons employed as an
armed security force member at a nuclear energy, storage,
weapons, or development site or facility regulated by the
federal Nuclear Regulatory Commission who have completed
the background screening and training mandated by the rules
and regulations of the federal Nuclear Regulatory
Commission for the performance of their official duties.
(6) Sale of large capacity ammunition feeding devices
to persons authorized under subdivisions (1) through (5) of
this subsection (c) to possess those devices.
(7) Sale of large capacity ammunition feeding devices
for sale or transfer in another state.
(8) 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.

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(d) Sentence. A person who knowingly delivers, sells,
purchases, or causes to be delivered, sold, or purchased 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.