Bill Text: IL HB3796 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Firearm Owners Identification Card Act. Provides that the regulation of the possession or ownership of a rifle or shotgun (rather than assault weapons) are exclusive powers and functions of this State. Provides that any ordinance or regulation, or portion of that ordinance or regulation, that purports to regulate the possession or ownership of any rifle or shotgun (rather than assault weapons) in a manner that is inconsistent with this Act, shall be invalid. Deletes provision that an ordinance or regulation enacted on, before, or within 10 days after the effective date of Public Act 98-63 (July 9, 2013) regulating the possession or ownership of assault weapons is valid. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2017-07-11 - Added Co-Sponsor Rep. Jerry Costello, II [HB3796 Detail]

Download: Illinois-2017-HB3796-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3796

Introduced 2/10/2017, by Rep. Brandon W. Phelps

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

Amends the Firearm Owners Identification Card Act. Provides that the regulation of the possession or ownership of a rifle or shotgun (rather than assault weapons) are exclusive powers and functions of this State. Provides that any ordinance or regulation, or portion of that ordinance or regulation, that purports to regulate the possession or ownership of any rifle or shotgun (rather than assault weapons) in a manner that is inconsistent with this Act, shall be invalid. Deletes provision that an ordinance or regulation enacted on, before, or within 10 days after the effective date of Public Act 98-63 (July 9, 2013) regulating the possession or ownership of assault weapons is valid. 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) Except as otherwise provided in the Firearm Concealed
9Carry Act and subsections (b) and (c) of this Section, the
10provisions of any ordinance enacted by any municipality which
11requires registration or imposes greater restrictions or
12limitations on the acquisition, possession and transfer of
13firearms than are imposed by this Act, are not invalidated or
14affected by this Act.
15 (b) Notwithstanding subsection (a) of this Section, the
16regulation, licensing, possession, and registration of
17handguns and ammunition for a handgun, and the transportation
18of any firearm and ammunition by a holder of a valid Firearm
19Owner's Identification Card issued by the Department of State
20Police under this Act are exclusive powers and functions of
21this State. Any ordinance or regulation, or portion of that
22ordinance or regulation, enacted on or before the effective
23date of this amendatory Act of the 98th General Assembly that

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1purports to impose regulations or restrictions on a holder of a
2valid Firearm Owner's Identification Card issued by the
3Department of State Police under this Act in a manner that is
4inconsistent with this Act, on the effective date of this
5amendatory Act of the 98th General Assembly, shall be invalid
6in its application to a holder of a valid Firearm Owner's
7Identification Card issued by the Department of State Police
8under this Act.
9 (c) Notwithstanding subsection (a) of this Section, the
10regulation of the possession or ownership of a rifle or shotgun
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 any rifle or shotgun assault weapons
15in a manner that is inconsistent with this Act, shall be
16invalid unless the ordinance or regulation is enacted on,
17before, or within 10 days after the effective date of this
18amendatory Act of the 98th General Assembly. Any ordinance or
19regulation described in this subsection (c) enacted more than
2010 days after the effective date of this amendatory Act of the
2198th General Assembly is invalid. An ordinance enacted on,
22before, or within 10 days after the effective date of this
23amendatory Act of the 98th General Assembly may be amended. The
24enactment or amendment of ordinances under this subsection (c)
25are subject to the submission requirements of Section 13.3. For
26the purposes of this subsection, "assault weapons" means

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1firearms designated by either make or model or by a test or
2list of cosmetic features that cumulatively would place the
3firearm into a definition of "assault weapon" under the
4ordinance.
5 (d) For the purposes of this Section, "handgun" has the
6meaning ascribed to it in Section 5 of the Firearm Concealed
7Carry Act.
8 (e) This Section is a denial and limitation of home rule
9powers and functions under subsection (h) of Section 6 of
10Article VII of the Illinois Constitution.
11(Source: P.A. 98-63, eff. 7-9-13.)
12 Section 99. Effective date. This Act takes effect upon
13becoming law.
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