HB2414 94TH GENERAL ASSEMBLY

LRB094 09150 RLC 39382 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB2414

Introduced 2/17/2005, by Rep. Edward J. Acevedo

SYNOPSIS AS INTRODUCED:

720 ILCS 5/24-1.7 new
720 ILCS 5/24-1.8 new

Amends the Criminal Code of 1961. Prohibits the knowing manufacture, delivery, and possession of semiautomatic assault weapons, assault weapon attachments, 50 caliber rifles, and 50 caliber cartridges. Provides for an affirmative defense to a violation for peace officers, correctional institution employees and officers, members of the Armed Services and Reserve Forces of the United States, and the Illinois National Guard while these persons are in the performance of their duties. Establishes penalties for violations. Prohibits the knowing manufacture, delivery, and possession of a large capacity ammunition feeding device (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 and any combination of parts from which such a device can be assembled). Establishes penalties for violations. Requires a person who possesses a large capacity ammunition feeding device on the effective date of the amendatory Act, within 90 days after that date, to destroy the device, render the device permanently inoperable, relinquish the device to a law enforcement agency, or remove the device from the State. Establishes as an affirmative defense to a violation, the delivery or possession of a large capacity ammunition feeding device while in the performance of their official duties by peace officers, correctional institutional employees and officials, and members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

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 1961 is amended by adding Sections 24-1.7 and 24-1.8 as follows:

(720 ILCS 5/24-1.7 new)

Sec. 24-1.7. Manufacture, possession, and delivery of semiautomatic assault weapons, assault weapon attachments, 50 caliber rifles, and 50 caliber cartridges.

(a) The General Assembly finds that:

(1) the high rate of fire and capacity for firepower of semiautomatic assault weapons and assault weapon attachments pose a significant threat to the health, safety, and welfare of the citizens of this State, that the use of these weapons or attachments for sport or recreation is substantially outweighed by the danger these weapons and attachments present to human life, and that restrictions should therefore be placed on the manufacture, delivery, and possession of these weapons and attachments;

(2) 50 caliber rifles are military-style firearms, used by armed forces around the world, which combine long range accuracy and massive power and are accurate to distances of 1,000 to 2,000 yards (10 to 20 football fields), depending on the skill of the shooter, and can penetrate armored vehicles, disable aircraft, and damage industrial targets, such as refineries and hazardous chemical plants;

(3) 50 caliber rifles have been associated with significant criminal activity, both domestic and international, and that there is a nexus between these weapons and terrorist groups, outlaw motorcycle gangs, international drug cartels, domestic drug dealers, religious cults, militia groups, potential assassins, and violent criminals;

(4) 50 caliber rifles and ammunition are proliferating on the civilian market in the United States;

(5) despite the attractiveness of 50 caliber rifles to criminals and potential terrorists, these firearms are treated as ordinary long guns under existing federal and Illinois law, and can be legally purchased in this State by any 18-year old who possesses a valid Firearm Owner's Identification Card and whose criminal history records and mental health records do not disqualify the person from possessing those rifles but purchasers of handguns, in contrast, must be at least 21 years old; and

(6) the uncontrolled proliferation and use of 50 caliber rifles poses an unacceptable threat to the health, safety, and security of the public.

It is the intent of this Act to reduce the risk of personal injury, death and property damage caused by these weapons of war.

(b) Definitions. In this Section:

(1) "Semi-automatic assault weapon" means:

(A) any of the firearms or types, replicas, or duplicates in any caliber of the firearms, known as:

(i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models);

(ii) Action Arms Israeli Military Industries UZI and Galil;

(iii) Beretta AR-70 (SC-70);

(iv) Colt AR-15;

(v) Fabrique Nationale FN/FAL, FN/LAR, and FNC;

(vi) SWD M-10, M-11, M-11/9, and M-12;

(vii) Steyr AUG;

(viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and

(ix) any shotgun which contains its ammunition in a revolving cylinder, such as (but not limited to) the Street Sweeper and Striker 12;

(x) any firearm having a caliber of 50 or greater;

(B) a semiautomatic rifle that has an ability to accept a detachable magazine and has any of the following:

(i) a folding or telescoping stock;

(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;

(iii) a bayonet mount;

(iv) a flash suppressor or barrel having a threaded muzzle; or

(v) a grenade launcher;

(C) a semi-automatic pistol that has an ability to accept a detachable magazine and has any of the following:

(i) an ammunition magazine that attaches to the pistol outside of the pistol grip;

(ii) a barrel having a threaded muzzle;

(iii) 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;

(iv) a manufactured weight of 50 ounces or more when the pistol is unloaded; or

(v) a semiautomatic version of an automatic firearm;

(D) a semiautomatic shotgun that has any of the following:

(i) a folding or telescoping stock;

(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;

(iii) a fixed magazine capacity in excess of 5 rounds; or

(iv) an ability to accept a detachable magazine.

"Semiautomatic 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; or

(iii) is an antique firearm;

(B) any semiautomatic rifle that cannot accept a detachable magazine that holds more than 5 rounds of ammunition; or

(C) any semiautomatic shotgun that cannot hold more than 5 rounds of ammunition in a fixed or detachable magazine.

(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 subsection (b) of this Section.

(3) "Antique firearm" has the meaning ascribed to it in 18 U.S.C. Section 921(a)(16).

(4) "50 caliber rifle" means a centerfire rifle capable of firing a 50 caliber cartridge. The term does not include any antique firearm, as defined in 18 U.S.C. Section 921(a)(16).

(5) "50 caliber cartridge" means a cartridge in 50 caliber, either by designation or actual measurement, including but not limited to a .50 BMG cartridge, 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.

(c) Except as provided in subsection (e), 90 days after the effective date of this amendatory Act of the 94th General Assembly, it is unlawful for any person within this State, to knowingly manufacture, deliver, or possess or cause to be manufactured, delivered, or possessed, a semiautomatic assault weapon, an assault weapon attachment, any 50 caliber rifle, or 50 caliber cartridge.

(d) Any person who knowingly possesses a semiautomatic assault weapon, assault weapon attachment, any 50 caliber rifle or 50 caliber cartridge must, within 90 days after the effective date of this amendatory Act of the 94th General Assembly, destroy the weapon or attachment, render it permanently inoperable, relinquish it to a law enforcement agency, or remove it from this State.

(e) A person has an affirmative defense to an alleged violation of subsection (c) of this Section if he or she lawfully possessed or delivered the semiautomatic assault weapon, assault weapon attachment, any 50 caliber rifle, or 50 caliber cartridge while in the performance of his or her official duties as a peace officer, correctional institution employee or official, or member of the Armed Services or Reserve Forces of the United States, or of the Illinois National Guard.

(f) Sentence.

(1) A person who manufactures, possesses, or delivers a semiautomatic assault weapon in violation of this Section 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 possesses or delivers 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 manufactures, possesses, or delivers in violation of this Section a 50 caliber rifle commits a Class 4 felony.

(4) A person who possesses or delivers in violation of this Section a 50 caliber cartridge commits a Class A misdemeanor.

(720 ILCS 5/24-1.8 new)

Sec. 24-1.8. Manufacture, possession, and delivery of large capacity ammunition feeding devices.

(a) As used 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) 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 any device that has been made permanently inoperable.

(b) Except as provided in subsection (c), it is unlawful for any person within this State, beginning 90 days after the effective date of this amendatory Act of the 94th General Assembly, to knowingly manufacture, deliver, or possess or cause to be manufactured, delivered, or possessed, a large capacity ammunition feeding device.

(c) Any person who knowingly possesses a large capacity ammunition feeding device on the effective date of this amendatory Act of the 94th General Assembly must, within 90 days after the effective date of this amendatory Act of the 94th General Assembly, destroy the device, render it permanently inoperable, relinquish it to a law enforcement agency, or remove it from this State.

(d) A person has an affirmative defense to an alleged violation of subsection (c) of this Section if he or she lawfully possessed or delivered the large capacity ammunition feeding device while in the performance of his or her official duties as a peace officer, correctional institution employee or official, or member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard.

(e) Sentence. A person who possesses or delivers in violation of this Section a large capacity ammunition feeding device capable of holding more than 17 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 possession or delivery of 2 or more of these devices at the same time. A person who possesses or delivers in violation of this Section a large capacity ammunition feeding device capable of holding more than 10 rounds but not more than 17 rounds of ammunition commits a Class 4 felony for a first violation and a Class 3 felony for a second or subsequent violation or for possession or delivery of more than one of these devices at the same time.