100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3297
 
Introduced 2/16/2018, by Sen. Ira I. Silverstein
 
SYNOPSIS AS INTRODUCED:



720 ILCS 5/24-1.9 new

 Amends the Criminal Code of 2012. Prohibits the transfer of an assault weapon, assault weapon attachment, .50 caliber rifle, and a large capacity ammunition feeding device. Provides that on and after the effective date of the amendatory Act, the person may transfer the assault weapon, assault weapon attachment, .50 caliber rifle, or large capacity ammunition feeding device 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 the federal Gun Control Act of 1968. Provides exemptions. Provides that a person who knowingly transfers or causes to be transferred an assault weapon or .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 transfer of 2 or more of these weapons at the same time. Provides that a person who knowingly delivers or causes to be delivered an assault weapon attachment or large capacity ammunition feeding device commits a Class 4 felony for a first violation and a Class 3 felony for a second or subsequent violation. Defines various terms.



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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 


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1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Criminal Code of 2012 is amended by adding 
5Section 24-1.9 as follows:

6 (720 ILCS 5/24-1.9 new)
7 Sec. 24-1.9. Transfer of an assault weapon, assault weapon 
8attachment, .50 caliber rifle, or large capacity ammunition 
9feeding device.
10 (a) Definitions. As used in this Section:
11  (1) "Antique firearm" has the meaning ascribed to it in 
12 18 U.S.C. 921 (a)(16).
13  (2) "Assault weapon" means: 
14   (A) a semiautomatic rifle that has the capacity to 
15 accept a large capacity
magazine detachable or 
16 otherwise and one or more of the following:
17    (i) only a pistol grip without a stock 
18 attached;
19    (ii) any feature capable of functioning as a 
20 protruding grip that
can be held by the non-trigger 
21 hand;
22    (iii) a folding, telescoping, or thumbhole 
23 stock;
 
 
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1    (iv) a shroud attached to the barrel, or that 
2 partially or
completely encircles the barrel, 
3 allowing the bearer to hold
the firearm with the 
4 non-trigger hand without being burned,
but 
5 excluding a slide that encloses the barrel; or
6    (v) a muzzle brake or muzzle compensator;
7   (B) a semiautomatic pistol or any semi-automatic 
8 rifle that has a fixed
magazine, that has the capacity 
9 to accept more than 10 rounds of ammunition;
10   (C) a semiautomatic pistol that has the capacity to 
11 accept a detachable
magazine and has one or more of the 
12 following:
13    (i) any feature capable of functioning as a 
14 protruding grip that
can be held by the non-trigger 
15 hand;
16    (ii) a folding, telescoping, or thumbhole 
17 stock;
18    (iii) a shroud attached to the barrel, or that 
19 partially or
completely encircles the barrel, 
20 allowing the bearer to hold
the firearm with the 
21 non-trigger hand without being burned,
but 
22 excluding a slide that encloses the barrel;
23    (iv) a muzzle brake or muzzle compensator; or
24    (v) the capacity to accept a detachable 
25 magazine at some
location outside of the pistol 
26 grip;
 
 
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1   (D) a semiautomatic shotgun that has one or more of 
2 the following:
3    (i) only a pistol grip without a stock 
4 attached;
5    (ii) any feature capable of functioning as a 
6 protruding grip that
can be held by the non-trigger 
7 hand;
8    (iii) a folding, telescoping, or thumbhole 
9 stock;
10    (iv) a fixed magazine capacity in excess of 5 
11 rounds; or
12    (v) an ability to accept a detachable 
13 magazine;
14   (E) any shotgun with a revolving cylinder;
15   (F) a conversion kit, part or combination of parts, 
16 from which an assault
weapon can be assembled if those 
17 parts are in the possession or under the control of the 
18 same
person;
19   (G)
shall include, but not be limited to, the 
20 assault weapons models identified as follows:
21    (i) the following rifles or copies or 
22 duplicates of those rifles:
23     (I) AK, AKM, AKS, AK-47, AK-74, ARM, 
24 MAK90, Misr,
NHM 90, NHM 91, SA 85, SA 93, 
25 VEPR;
26     (II) AR-10;
 
 
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1     (III) AR-15, Bushmaster XM15, Armalite 
2 Ml5, or Olympic
Arms PCR;
3     (IV) AR70;
4     (V) Calico Liberty;
5     (VI) Dragunov SVD Sniper Rifle or Dragunov 
6 SVU;
7     (VII) Fabrique National FN/FAL, FN/LAR, or 
8 FNC;
9     (VIII) Hi-Point Carbine;
10     (IX) HK-91, HK-93, HK-94, or HK-PSG-1;
11     (X) Kel-Tec Sub Rifle;
12     (XI) Saiga;
13     (XII) SAR-8, SAR-4800;
14     (XIII) SKS with detachable magazine;
15     (XIV) SLG 95;
16     (XV) SLR 95 or 96;
17     (XVI) Steyr AUG;
18     (XVII) Sturm, Ruger Mini-14;
19     (XVIII) Tavor;
20     (XIX) Thompson 1927, Thompson Ml, or 
21 Thompson 1927
Commando; or
22     (XX) Uzi, Galil and Uzi Sporter, Galil 
23 Sporter, or Galil
Sniper Rifle (Galatz).
24    (ii) the following pistols or copies or 
25 duplicates of those pistols:
26     (I) Calico M-110;
 
 
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1     (II) MAC-10, MAC-11, or MPA3;
2     (III) Olympic Arms OA;
3     (IV) TEC-9, TEC-DC9, TEC-22 Scorpion, or 
4 AB-10; or
5     (V) Uzi.
6    (iii) The following shotguns or copies or 
7 duplicates of those shotguns:
8     (I) Armscor 30 BG;
9     (II) SPAS 12 or LAW 12;
10     (III) Striker 12; or
11     (IV) Streetsweeper.
12  "Assault weapon" does not include any firearm that has 
13 been made permanently
inoperable, or satisfies the 
14 definition of antique firearm,
or weapons designed for 
15 Olympic target shooting events.
16  (3) "Assault weapon attachment" means any device 
17 capable of being attached to a firearm that is specifically 
18 designed for making or converting a firearm into any of the 
19 firearms listed in paragraph (2) of this subsection (a).
20  (4) "Detachable magazine" means any ammunition feeding 
21 device, the function
of which is to deliver one or more 
22 ammunition cartridges into the firing chamber, which can be

23 removed from the firearm without the use of any tool, 
24 including a bullet or ammunition cartridge. 
25  (5) ".50 caliber cartridge" means a cartridge in .50 
26 BMG caliber, either by designation or actual measurement, 
 
 
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1 that is capable of being fired from a centerfire rifle. The 
2 term ".50 caliber cartridge" does not include any 
3 memorabilia or display item that is filled with a permanent 
4 inert substance or that is otherwise permanently altered in 
5 a manner that prevents ready modification for use as live 
6 ammunition or shotgun ammunition with a caliber 
7 measurement that is equal to or greater than .50 caliber. 
8  (6) ".50 caliber rifle" means a centerfire rifle 
9 capable of firing a .50 caliber cartridge. The term does

10 not include any antique firearm, any shotgun including a 
11 shotgun that has a rifle barrel, or any muzzle-loader which 
12 uses black powder for hunting or historical re-enactments. 
13  (7) "Large capacity ammunition feeding device" means:
14   (A) a magazine, belt, drum, feed strip, or similar 
15 device that has a capacity of, or that can be readily 
16 restored or converted to accept, more than 10 rounds of 
17 ammunition; or
18   (B) any combination of parts from which a device 
19 described in subparagraph (A) can be assembled.
20  "Large capacity ammunition feeding device" does not 
21 include an attached tubular device designed to accept, and 
22 capable of operating only with, .22 caliber rimfire 
23 ammunition or a feeding device that has been permanently 
24 altered so that it cannot accommodate more than 10 rounds. 
25 "Large capacity ammunition feeding device" does not 
26 include a tubular magazine
that is contained in a 
 
 
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1 lever-action firearm or any device that has been made 
2 permanently inoperable.
3  (8) "Muzzle brake" means a device attached to the 
4 muzzle of a weapon that
utilizes escaping gas to reduce 
5 recoil.
6  (9) "Muzzle compensator" means a device attached to the 
7 muzzle of a weapon that
utilizes escaping gas to control 
8 muzzle movement. 
9  (10) "Transfer" means a delivery, loan, rental, or 
10 sale. 
11 (b) Except as provided in subsections (c) and (d) of this 
12Section, on and after the effective date of this amendatory Act 
13of the 100th General Assembly, it is unlawful for any person 
14within this State to knowingly transfer or cause to be 
15transferred an assault weapon, assault weapon attachment, .50 
16caliber rifle, or large capacity ammunition feeding device.
17 (c) On and after the effective date of this amendatory Act 
18of the 100th General Assembly, the person may transfer the 
19assault weapon, assault weapon attachment, .50 caliber rifle, 
20or large capacity ammunition feeding device only to an heir, an 
21individual residing in another state maintaining it in another 
22state, or a dealer licensed as a federal firearms dealer under 
23Section 923 of the federal Gun Control Act of 1968. Within 10 
24days after transfer of the weapon, attachment, or device except 
25to an heir, the person shall notify the Department of State 
26Police of the name and address of the transferee and comply 
 
 
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1with the requirements of subsection (b) of Section 3 of the 
2Firearm Owners Identification Card Act. A person to whom the 
3weapon is transferred may transfer it only as provided in this 
4subsection.
5 (d) This Section does not apply to or affect any of the 
6following:
7  (1) a transfer of an assault weapon, assault weapon 
8 attachment, .50 caliber rifle, or large capacity 
9 ammunition feeding device to a peace officer;
10  (2) a transfer of an assault weapon, assault weapon 
11 attachment, .50 caliber rifle, or large capacity 
12 ammunition feeding device by a local law enforcement agency 
13 for the purpose of equipping the agency's peace officers; 
14  (3) a transfer of an assault weapon, assault weapon 
15 attachment, .50 caliber rifle, or large capacity 
16 ammunition feeding device to a warden, superintendent, or 
17 keeper of a prison, penitentiary, jail, or other 
18 institution for the detention of persons accused or 
19 convicted of an offense;
20  (4) a transfer of an assault weapon, assault weapon 
21 attachment, .50 caliber rifle, or large capacity 
22 ammunition feeding device to a member of the Armed Services 
23 or Reserve Forces of the United States or the Illinois 
24 National Guard, while in the performance of his or her 
25 official duties or while traveling to or from their place 
26 of duty;
 
 
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1  (5) a transfer of an assault weapon, assault weapon 
2 attachment, .50 caliber rifle, or large capacity 
3 ammunition feeding device to a company that employs armed 
4 security officers in this State at a nuclear energy, 
5 storage, weapons, or development site or facility 
6 regulated by the federal Nuclear Regulatory Commission and 
7 persons employed as an armed security force member at a 
8 nuclear energy, storage, weapons, or development site or 
9 facility regulated by the federal Nuclear Regulatory 
10 Commission who have completed the background screening and 
11 training mandated by the rules and regulations of the 
12 federal Nuclear Regulatory Commission and while in the 
13 performance of his or her official duties; 
14  (6) the transfer of an assault weapon, assault weapon 
15 attachment, .50 caliber rifle, or large capacity 
16 ammunition feeding device to persons authorized under 
17 paragraphs (1) through (5) of this subsection (d) to 
18 transfer those items;
19  (7) the transfer of an assault weapon, assault weapon 
20 attachment, .50 caliber rifle, or large capacity 
21 ammunition feeding device for transfer in another state; or 
22  (8) the transfer of a blank-firing assault weapon or 
23 .50 caliber rifle or the weapon's respective attachments, 
24 to a person authorized or permitted, or both authorized and 
25 permitted to acquire and possess the weapon or attachments 
26 for the purpose of rental for use solely as props for a 
 
 
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1 motion picture, television, or video production or 
2 entertainment event. 
3 (e) Sentence.
4  (1) A person who knowingly transfers or causes to be 
5 transferred an assault weapon or .50 caliber rifle in 
6 violation of this Section commits a Class 3 felony for a 
7 first violation and a Class 2 felony for a second or 
8 subsequent violation or for the transfer of 2 or more of 
9 these weapons at the same time.
10  (2) A person who knowingly delivers or causes to be 
11 delivered in violation of this Section an assault weapon 
12 attachment or large capacity ammunition feeding device 
13 commits a Class 4 felony for a first violation and a Class 
14 3 felony for a second or subsequent violation.