Bill Text: IL HB4397 | 2019-2020 | 101st General Assembly | Introduced

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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: Partisan Bill (Republican 6-0)

Status: (Introduced - Dead) 2020-03-04 - Added Co-Sponsor Rep. Lindsay Parkhurst [HB4397 Detail]

Download: Illinois-2019-HB4397-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB4397 Introduced , by Rep. Patrick Windhorst 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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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Firearm Owners Identification Card Act is
amended by changing Section 13.1 as follows:
(430 ILCS 65/13.1) (from Ch. 38, par. 83-13.1)
Sec. 13.1. Preemption.
(a) (Blank). Except as otherwise provided in the Firearm
Concealed Carry Act and subsections (b) and (c) of this
Section, the provisions of any ordinance enacted by any
municipality which requires registration or imposes greater
restrictions or limitations on the acquisition, possession and
transfer of firearms than are imposed by this Act, are not
invalidated or affected by this Act.
(b) (Blank). Notwithstanding subsection (a) of this
Section, the regulation, licensing, possession, and
registration of handguns and ammunition for a handgun, and the
transportation of any firearm and ammunition by a holder of a
valid Firearm Owner's Identification Card issued by the
Department of State Police under this Act are exclusive powers
and functions of this State. Any ordinance or regulation, or
portion of that ordinance or regulation, enacted on or before
the effective date of this amendatory Act of the 98th General

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Assembly that purports to impose regulations or restrictions on
a holder of a valid Firearm Owner's Identification Card issued
by the Department of State Police under this Act in a manner
that is inconsistent with this Act, on the effective date of
this amendatory Act of the 98th General Assembly, shall be
invalid in its application to a holder of a valid Firearm
Owner's Identification Card issued by the Department of State
Police under this Act.
(c) (Blank). Notwithstanding subsection (a) of this
Section, the regulation of the possession or ownership of
assault weapons are exclusive powers and functions of this
State. Any ordinance or regulation, or portion of that
ordinance or regulation, that purports to regulate the
possession or ownership of assault weapons in a manner that is
inconsistent with this Act, shall be invalid unless the
ordinance or regulation is enacted on, before, or within 10
days after the effective date of this amendatory Act of the
98th General Assembly. Any ordinance or regulation described in
this subsection (c) enacted more than 10 days after the
effective date of this amendatory Act of the 98th General
Assembly is invalid. An ordinance enacted on, before, or within
10 days after the effective date of this amendatory Act of the
98th General Assembly may be amended. The enactment or
amendment of ordinances under this subsection (c) are subject
to the submission requirements of Section 13.3. For the
purposes of this subsection, "assault weapons" means firearms

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designated by either make or model or by a test or list of
cosmetic features that cumulatively would place the firearm
into a definition of "assault weapon" under the ordinance.
(d) (Blank). For the purposes of this Section, "handgun"
has the meaning ascribed to it in Section 5 of the Firearm
Concealed Carry Act.
(d-1) The regulation of the ownership and possession of
firearms and ammunition, components, accessories, or
accoutrements for firearms are exclusive powers and functions
of this State. A unit of local government, including a home
rule unit, may not require the registration of the person or
firearm or ammunition as a condition of ownership or possession
of the firearm or ammunition.
(d-2) No unit of local government, including a home rule
unit, may require that any person, corporation, or entity
report the sale or transfer of a firearm or ammunition or
maintain a registry or list of the sale or transfer of a
firearm or ammunition.
(d-3) The provisions of any ordinance or resolution adopted
before, on, or after the effective date of this amendatory Act
of the 101st General Assembly by any unit of local government,
including a home rule unit, that imposes any type of
registration requirement on the ownership or possession of
firearms and ammunition, components, accessories, and
accoutrements of firearms are invalid and void.
(e) This Section is a denial and limitation of home rule

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