Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3178 Latest Draft

Bill / Introduced Version Filed 02/06/2024

                            103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3178 Introduced 2/6/2024, by Sen. Neil Anderson SYNOPSIS AS INTRODUCED: 720 ILCS 5/24-1.9 Amends the Criminal Code of 2012. Provides that an "assault weapon" includes a semiautomatic shotgun that has a fixed magazine with the capacity of more than 10 (rather than 5) rounds. Defines "capacity" as the total number of rounds that can be used of the maximum identified chambered sized round. Provides that "assault weapon" does not include any firearm that is included on the list of applicable weapons approved for hunting purposes and expressly permitted under the Wildlife Code. LRB103 38093 RLC 68225 b   A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3178 Introduced 2/6/2024, by Sen. Neil Anderson SYNOPSIS AS INTRODUCED:  720 ILCS 5/24-1.9 720 ILCS 5/24-1.9  Amends the Criminal Code of 2012. Provides that an "assault weapon" includes a semiautomatic shotgun that has a fixed magazine with the capacity of more than 10 (rather than 5) rounds. Defines "capacity" as the total number of rounds that can be used of the maximum identified chambered sized round. Provides that "assault weapon" does not include any firearm that is included on the list of applicable weapons approved for hunting purposes and expressly permitted under the Wildlife Code.  LRB103 38093 RLC 68225 b     LRB103 38093 RLC 68225 b   A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3178 Introduced 2/6/2024, by Sen. Neil Anderson SYNOPSIS AS INTRODUCED:
720 ILCS 5/24-1.9 720 ILCS 5/24-1.9
720 ILCS 5/24-1.9
Amends the Criminal Code of 2012. Provides that an "assault weapon" includes a semiautomatic shotgun that has a fixed magazine with the capacity of more than 10 (rather than 5) rounds. Defines "capacity" as the total number of rounds that can be used of the maximum identified chambered sized round. Provides that "assault weapon" does not include any firearm that is included on the list of applicable weapons approved for hunting purposes and expressly permitted under the Wildlife Code.
LRB103 38093 RLC 68225 b     LRB103 38093 RLC 68225 b
    LRB103 38093 RLC 68225 b
A BILL FOR
SB3178LRB103 38093 RLC 68225 b   SB3178  LRB103 38093 RLC 68225 b
  SB3178  LRB103 38093 RLC 68225 b
1  AN ACT concerning criminal law.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The Criminal Code of 2012 is amended by
5  changing Section 24-1.9 as follows:
6  (720 ILCS 5/24-1.9)
7  Sec. 24-1.9. Manufacture, possession, delivery, sale, and
8  purchase of assault weapons, .50 caliber rifles, and .50
9  caliber cartridges.
10  (a) Definitions. In this Section:
11  (1) "Assault weapon" means any of the following, except as
12  provided in subdivision (2) of this subsection:
13  (A) A semiautomatic rifle that has the capacity to
14  accept a detachable magazine or that may be readily
15  modified to accept a detachable magazine, if the firearm
16  has one or more of the following:
17  (i) a pistol grip or thumbhole stock;
18  (ii) any feature capable of functioning as a
19  protruding grip that can be held by the non-trigger
20  hand;
21  (iii) a folding, telescoping, thumbhole, or
22  detachable stock, or a stock that is otherwise
23  foldable or adjustable in a manner that operates to

 

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3178 Introduced 2/6/2024, by Sen. Neil Anderson SYNOPSIS AS INTRODUCED:
720 ILCS 5/24-1.9 720 ILCS 5/24-1.9
720 ILCS 5/24-1.9
Amends the Criminal Code of 2012. Provides that an "assault weapon" includes a semiautomatic shotgun that has a fixed magazine with the capacity of more than 10 (rather than 5) rounds. Defines "capacity" as the total number of rounds that can be used of the maximum identified chambered sized round. Provides that "assault weapon" does not include any firearm that is included on the list of applicable weapons approved for hunting purposes and expressly permitted under the Wildlife Code.
LRB103 38093 RLC 68225 b     LRB103 38093 RLC 68225 b
    LRB103 38093 RLC 68225 b
A BILL FOR

 

 

720 ILCS 5/24-1.9



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1  reduce the length, size, or any other dimension, or
2  otherwise enhances the concealability of, the weapon;
3  (iv) a flash suppressor;
4  (v) a grenade launcher;
5  (vi) a shroud attached to the barrel or that
6  partially or completely encircles the barrel, allowing
7  the bearer to hold the firearm with the non-trigger
8  hand without being burned, but excluding a slide that
9  encloses the barrel.
10  (B) A semiautomatic rifle that has a fixed magazine
11  with the capacity to accept more than 10 rounds, except
12  for an attached tubular device designed to accept, and
13  capable of operating only with, .22 caliber rimfire
14  ammunition.
15  (C) A semiautomatic pistol that has the capacity to
16  accept a detachable magazine or that may be readily
17  modified to accept a detachable magazine, if the firearm
18  has one or more of the following:
19  (i) a threaded barrel;
20  (ii) a second pistol grip or another feature
21  capable of functioning as a protruding grip that can
22  be held by the non-trigger hand;
23  (iii) a shroud attached to the barrel or that
24  partially or completely encircles the barrel, allowing
25  the bearer to hold the firearm with the non-trigger
26  hand without being burned, but excluding a slide that

 

 

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1  encloses the barrel;
2  (iv) a flash suppressor;
3  (v) the capacity to accept a detachable magazine
4  at some location outside of the pistol grip; or
5  (vi) a buffer tube, arm brace, or other part that
6  protrudes horizontally behind the pistol grip and is
7  designed or redesigned to allow or facilitate a
8  firearm to be fired from the shoulder.
9  (D) A semiautomatic pistol that has a fixed magazine
10  with the capacity to accept more than 15 rounds.
11  (E) Any shotgun with a revolving cylinder.
12  (F) A semiautomatic shotgun that has one or more of
13  the following:
14  (i) a pistol grip or thumbhole stock;
15  (ii) any feature capable of functioning as a
16  protruding grip that can be held by the non-trigger
17  hand;
18  (iii) a folding or thumbhole stock;
19  (iv) a grenade launcher;
20  (v) a fixed magazine with the capacity of more
21  than 10 5 rounds. For the purposes of this clause (v),
22  "capacity" means the total number of rounds that can
23  be used of the maximum identified chambered sized
24  round; or
25  (vi) the capacity to accept a detachable magazine.
26  (G) Any semiautomatic firearm that has the capacity to

 

 

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1  accept a belt ammunition feeding device.
2  (H) Any firearm that has been modified to be operable
3  as an assault weapon as defined in this Section.
4  (I) Any part or combination of parts designed or
5  intended to convert a firearm into an assault weapon,
6  including any combination of parts from which an assault
7  weapon may be readily assembled if those parts are in the
8  possession or under the control of the same person.
9  (J) All of the following rifles, copies, duplicates,
10  variants, or altered facsimiles with the capability of any
11  such weapon:
12  (i) All AK types, including the following:
13  (I) AK, AK47, AK47S, AK-74, AKM, AKS, ARM,
14  MAK90, MISR, NHM90, NHM91, SA85, SA93, Vector Arms
15  AK-47, VEPR, WASR-10, and WUM.
16  (II) IZHMASH Saiga AK.
17  (III) MAADI AK47 and ARM.
18  (IV) Norinco 56S, 56S2, 84S, and 86S.
19  (V) Poly Technologies AK47 and AKS.
20  (VI) SKS with a detachable magazine.
21  (ii) all AR types, including the following:
22  (I) AR-10.
23  (II) AR-15.
24  (III) Alexander Arms Overmatch Plus 16.
25  (IV) Armalite M15 22LR Carbine.
26  (V) Armalite M15-T.

 

 

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1  (VI) Barrett REC7.
2  (VII) Beretta AR-70.
3  (VIII) Black Rain Ordnance Recon Scout.
4  (IX) Bushmaster ACR.
5  (X) Bushmaster Carbon 15.
6  (XI) Bushmaster MOE series.
7  (XII) Bushmaster XM15.
8  (XIII) Chiappa Firearms MFour rifles.
9  (XIV) Colt Match Target rifles.
10  (XV) CORE Rifle Systems CORE15 rifles.
11  (XVI) Daniel Defense M4A1 rifles.
12  (XVII) Devil Dog Arms 15 Series rifles.
13  (XVIII) Diamondback DB15 rifles.
14  (XIX) DoubleStar AR rifles.
15  (XX) DPMS Tactical rifles.
16  (XXI) DSA Inc. ZM-4 Carbine.
17  (XXII) Heckler & Koch MR556.
18  (XXIII) High Standard HSA-15 rifles.
19  (XXIV) Jesse James Nomad AR-15 rifle.
20  (XXV) Knight's Armament SR-15.
21  (XXVI) Lancer L15 rifles.
22  (XXVII) MGI Hydra Series rifles.
23  (XXVIII) Mossberg MMR Tactical rifles.
24  (XXIX) Noreen Firearms BN 36 rifle.
25  (XXX) Olympic Arms.
26  (XXXI) POF USA P415.

 

 

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1  (XXXII) Precision Firearms AR rifles.
2  (XXXIII) Remington R-15 rifles.
3  (XXXIV) Rhino Arms AR rifles.
4  (XXXV) Rock River Arms LAR-15 or Rock River
5  Arms LAR-47.
6  (XXXVI) Sig Sauer SIG516 rifles and MCX
7  rifles.
8  (XXXVII) Smith & Wesson M&P15 rifles.
9  (XXXVIII) Stag Arms AR rifles.
10  (XXXIX) Sturm, Ruger & Co. SR556 and AR-556
11  rifles.
12  (XL) Uselton Arms Air-Lite M-4 rifles.
13  (XLI) Windham Weaponry AR rifles.
14  (XLII) WMD Guns Big Beast.
15  (XLIII) Yankee Hill Machine Company, Inc.
16  YHM-15 rifles.
17  (iii) Barrett M107A1.
18  (iv) Barrett M82A1.
19  (v) Beretta CX4 Storm.
20  (vi) Calico Liberty Series.
21  (vii) CETME Sporter.
22  (viii) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and
23  AR 110C.
24  (ix) Fabrique Nationale/FN Herstal FAL, LAR, 22
25  FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000.
26  (x) Feather Industries AT-9.

 

 

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1  (xi) Galil Model AR and Model ARM.
2  (xii) Hi-Point Carbine.
3  (xiii) HK-91, HK-93, HK-94, HK-PSG-1, and HK USC.
4  (xiv) IWI TAVOR, Galil ACE rifle.
5  (xv) Kel-Tec Sub-2000, SU-16, and RFB.
6  (xvi) SIG AMT, SIG PE-57, Sig Sauer SG 550, Sig
7  Sauer SG 551, and SIG MCX.
8  (xvii) Springfield Armory SAR-48.
9  (xviii) Steyr AUG.
10  (xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle
11  M-14/20CF.
12  (xx) All Thompson rifles, including the following:
13  (I) Thompson M1SB.
14  (II) Thompson T1100D.
15  (III) Thompson T150D.
16  (IV) Thompson T1B.
17  (V) Thompson T1B100D.
18  (VI) Thompson T1B50D.
19  (VII) Thompson T1BSB.
20  (VIII) Thompson T1-C.
21  (IX) Thompson T1D.
22  (X) Thompson T1SB.
23  (XI) Thompson T5.
24  (XII) Thompson T5100D.
25  (XIII) Thompson TM1.
26  (XIV) Thompson TM1C.

 

 

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1  (xxi) UMAREX UZI rifle.
2  (xxii) UZI Mini Carbine, UZI Model A Carbine, and
3  UZI Model B Carbine.
4  (xxiii) Valmet M62S, M71S, and M78.
5  (xxiv) Vector Arms UZI Type.
6  (xxv) Weaver Arms Nighthawk.
7  (xxvi) Wilkinson Arms Linda Carbine.
8  (K) All of the following pistols, copies, duplicates,
9  variants, or altered facsimiles with the capability of any
10  such weapon thereof:
11  (i) All AK types, including the following:
12  (I) Centurion 39 AK pistol.
13  (II) CZ Scorpion pistol.
14  (III) Draco AK-47 pistol.
15  (IV) HCR AK-47 pistol.
16  (V) IO Inc. Hellpup AK-47 pistol.
17  (VI) Krinkov pistol.
18  (VII) Mini Draco AK-47 pistol.
19  (VIII) PAP M92 pistol.
20  (IX) Yugo Krebs Krink pistol.
21  (ii) All AR types, including the following:
22  (I) American Spirit AR-15 pistol.
23  (II) Bushmaster Carbon 15 pistol.
24  (III) Chiappa Firearms M4 Pistol GEN II.
25  (IV) CORE Rifle Systems CORE15 Roscoe pistol.
26  (V) Daniel Defense MK18 pistol.

 

 

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1  (VI) DoubleStar Corporation AR pistol.
2  (VII) DPMS AR-15 pistol.
3  (VIII) Jesse James Nomad AR-15 pistol.
4  (IX) Olympic Arms AR-15 pistol.
5  (X) Osprey Armament MK-18 pistol.
6  (XI) POF USA AR pistols.
7  (XII) Rock River Arms LAR 15 pistol.
8  (XIII) Uselton Arms Air-Lite M-4 pistol.
9  (iii) Calico pistols.
10  (iv) DSA SA58 PKP FAL pistol.
11  (v) Encom MP-9 and MP-45.
12  (vi) Heckler & Koch model SP-89 pistol.
13  (vii) Intratec AB-10, TEC-22 Scorpion, TEC-9, and
14  TEC-DC9.
15  (viii) IWI Galil Ace pistol, UZI PRO pistol.
16  (ix) Kel-Tec PLR 16 pistol.
17  (x) All MAC types, including the following:
18  (I) MAC-10.
19  (II) MAC-11.
20  (III) Masterpiece Arms MPA A930 Mini Pistol,
21  MPA460 Pistol, MPA Tactical Pistol, and MPA Mini
22  Tactical Pistol.
23  (IV) Military Armament Corp. Ingram M-11.
24  (V) Velocity Arms VMAC.
25  (xi) Sig Sauer P556 pistol.
26  (xii) Sites Spectre.

 

 

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1  (xiii) All Thompson types, including the
2  following:
3  (I) Thompson TA510D.
4  (II) Thompson TA5.
5  (xiv) All UZI types, including Micro-UZI.
6  (L) All of the following shotguns, copies, duplicates,
7  variants, or altered facsimiles with the capability of any
8  such weapon thereof:
9  (i) DERYA Anakon MC-1980, Anakon SD12.
10  (ii) Doruk Lethal shotguns.
11  (iii) Franchi LAW-12 and SPAS 12.
12  (iv) All IZHMASH Saiga 12 types, including the
13  following:
14  (I) IZHMASH Saiga 12.
15  (II) IZHMASH Saiga 12S.
16  (III) IZHMASH Saiga 12S EXP-01.
17  (IV) IZHMASH Saiga 12K.
18  (V) IZHMASH Saiga 12K-030.
19  (VI) IZHMASH Saiga 12K-040 Taktika.
20  (v) Streetsweeper.
21  (vi) Striker 12.
22  (2) "Assault weapon" does not include:
23  (A) Any firearm that is an unserviceable firearm or
24  has been made permanently inoperable.
25  (B) An antique firearm or a replica of an antique
26  firearm.

 

 

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1  (C) A firearm that is manually operated by bolt, pump,
2  lever or slide action, unless the firearm is a shotgun
3  with a revolving cylinder.
4  (D) Any air rifle as defined in Section 24.8-0.1 of
5  this Code.
6  (E) Any handgun, as defined under the Firearm
7  Concealed Carry Act, unless otherwise listed in this
8  Section.
9  (F) Any firearm that is included on the list of
10  applicable weapons approved under subparagraph (iv) of
11  subsection (e).
12  (3) "Assault weapon attachment" means any device capable
13  of being attached to a firearm that is specifically designed
14  for making or converting a firearm into any of the firearms
15  listed in paragraph (1) of this subsection (a).
16  (4) "Antique firearm" has the meaning ascribed to it in 18
17  U.S.C. 921(a)(16).
18  (5) ".50 caliber rifle" means a centerfire rifle capable
19  of firing a .50 caliber cartridge. The term does not include
20  any antique firearm, any shotgun including a shotgun that has
21  a rifle barrel, or any muzzle-loader which uses black powder
22  for hunting or historical reenactments.
23  (6) ".50 caliber cartridge" means a cartridge in .50 BMG
24  caliber, either by designation or actual measurement, that is
25  capable of being fired from a centerfire rifle. The term ".50
26  caliber cartridge" does not include any memorabilia or display

 

 

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1  item that is filled with a permanent inert substance or that is
2  otherwise permanently altered in a manner that prevents ready
3  modification for use as live ammunition or shotgun ammunition
4  with a caliber measurement that is equal to or greater than .50
5  caliber.
6  (7) "Detachable magazine" means an ammunition feeding
7  device that may be removed from a firearm without disassembly
8  of the firearm action, including an ammunition feeding device
9  that may be readily removed from a firearm with the use of a
10  bullet, cartridge, accessory, or other tool, or any other
11  object that functions as a tool, including a bullet or
12  cartridge.
13  (8) "Fixed magazine" means an ammunition feeding device
14  that is permanently attached to a firearm, or contained in and
15  not removable from a firearm, or that is otherwise not a
16  detachable magazine, but does not include an attached tubular
17  device designed to accept, and capable of operating only with,
18  .22 caliber rimfire ammunition.
19  (b) Except as provided in subsections (c), (d), and (e),
20  on or after January 10, 2023 (the effective date of Public Act
21  102-1116) this amendatory Act of the 102nd General Assembly,
22  it is unlawful for any person within this State to knowingly
23  manufacture, deliver, sell, import, or purchase or cause to be
24  manufactured, delivered, sold, imported, or purchased by
25  another, an assault weapon, assault weapon attachment, .50
26  caliber rifle, or .50 caliber cartridge.

 

 

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1  (c) Except as otherwise provided in subsection (d),
2  beginning January 1, 2024, it is unlawful for any person
3  within this State to knowingly possess an assault weapon,
4  assault weapon attachment, .50 caliber rifle, or .50 caliber
5  cartridge.
6  (d) This Section does not apply to a person's possession
7  of an assault weapon, assault weapon attachment, .50 caliber
8  rifle, or .50 caliber cartridge device if the person lawfully
9  possessed that assault weapon, assault weapon attachment, .50
10  caliber rifle, or .50 caliber cartridge prohibited by
11  subsection (c) of this Section, if the person has provided in
12  an endorsement affidavit, prior to January 1, 2024, under oath
13  or affirmation and in the form and manner prescribed by the
14  Illinois State Police, no later than October 1, 2023:
15  (1) the affiant's Firearm Owner's Identification Card
16  number;
17  (2) an affirmation that the affiant: (i) possessed an
18  assault weapon, assault weapon attachment, .50 caliber
19  rifle, or .50 caliber cartridge before January 10, 2023
20  (the effective date of Public Act 102-1116) this
21  amendatory Act of the 102nd General Assembly; or (ii)
22  inherited the assault weapon, assault weapon attachment,
23  .50 caliber rifle, or .50 caliber cartridge from a person
24  with an endorsement under this Section or from a person
25  authorized under subdivisions (1) through (5) of
26  subsection (e) to possess the assault weapon, assault

 

 

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1  weapon attachment, .50 caliber rifle, or .50 caliber
2  cartridge; and
3  (3) the make, model, caliber, and serial number of the
4  .50 caliber rifle or assault weapon or assault weapons
5  listed in paragraphs (J), (K), and (L) of subdivision (1)
6  of subsection (a) of this Section possessed by the affiant
7  prior to January 10, 2023 (the effective date of Public
8  Act 102-1116) this amendatory Act of the 102nd General
9  Assembly and any assault weapons identified and published
10  by the Illinois State Police pursuant to this subdivision
11  (3). No later than October 1, 2023, and every October 1
12  thereafter, the Illinois State Police shall, via
13  rulemaking, identify, publish, and make available on its
14  website, the list of assault weapons subject to an
15  endorsement affidavit under this subsection (d). The list
16  shall identify, but is not limited to, the copies,
17  duplicates, variants, and altered facsimiles of the
18  assault weapons identified in paragraphs (J), (K), and (L)
19  of subdivision (1) of subsection (a) of this Section and
20  shall be consistent with the definition of "assault
21  weapon" identified in this Section. The Illinois State
22  Police may adopt emergency rulemaking in accordance with
23  Section 5-45 of the Illinois Administrative Procedure Act.
24  The adoption of emergency rules authorized by Section 5-45
25  of the Illinois Administrative Procedure Act and this
26  paragraph is deemed to be necessary for the public

 

 

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1  interest, safety, and welfare.
2  The affidavit form shall include the following statement
3  printed in bold type: "Warning: Entering false information on
4  this form is punishable as perjury under Section 32-2 of the
5  Criminal Code of 2012. Entering false information on this form
6  is a violation of the Firearm Owners Identification Card Act."
7  In any administrative, civil, or criminal proceeding in
8  this State, a completed endorsement affidavit submitted to the
9  Illinois State Police by a person under this Section creates a
10  rebuttable presumption that the person is entitled to possess
11  and transport the assault weapon, assault weapon attachment,
12  .50 caliber rifle, or .50 caliber cartridge.
13  Beginning 90 days after January 10, 2023 (the effective
14  date of Public Act 102-1116) this amendatory Act of the 102nd
15  General Assembly, a person authorized under this Section to
16  possess an assault weapon, assault weapon attachment, .50
17  caliber rifle, or .50 caliber cartridge shall possess such
18  items only:
19  (1) on private property owned or immediately
20  controlled by the person;
21  (2) on private property that is not open to the public
22  with the express permission of the person who owns or
23  immediately controls such property;
24  (3) while on the premises of a licensed firearms
25  dealer or gunsmith for the purpose of lawful repair;
26  (4) while engaged in the legal use of the assault

 

 

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1  weapon, assault weapon attachment, .50 caliber rifle, or
2  .50 caliber cartridge at a properly licensed firing range
3  or sport shooting competition venue; or
4  (5) while traveling to or from these locations,
5  provided that the assault weapon, assault weapon
6  attachment, or .50 caliber rifle is unloaded and the
7  assault weapon, assault weapon attachment, .50 caliber
8  rifle, or .50 caliber cartridge is enclosed in a case,
9  firearm carrying box, shipping box, or other container.
10  Beginning on January 1, 2024, the person with the
11  endorsement for an assault weapon, assault weapon attachment,
12  .50 caliber rifle, or .50 caliber cartridge or a person
13  authorized under subdivisions (1) through (5) of subsection
14  (e) to possess an assault weapon, assault weapon attachment,
15  .50 caliber rifle, or .50 caliber cartridge may transfer the
16  assault weapon, assault weapon attachment, .50 caliber rifle,
17  or .50 caliber cartridge only to an heir, an individual
18  residing in another state maintaining it in another state, or
19  a dealer licensed as a federal firearms dealer under Section
20  923 of the federal Gun Control Act of 1968. Within 10 days
21  after transfer of the weapon except to an heir, the person
22  shall notify the Illinois State Police of the name and address
23  of the transferee and comply with the requirements of
24  subsection (b) of Section 3 of the Firearm Owners
25  Identification Card Act. The person to whom the weapon or
26  ammunition is transferred shall, within 60 days of the

 

 

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1  transfer, complete an affidavit required under this Section. A
2  person to whom the weapon is transferred may transfer it only
3  as provided in this subsection.
4  Except as provided in subsection (e) and beginning on
5  January 1, 2024, any person who moves into this State in
6  possession of an assault weapon, assault weapon attachment,
7  .50 caliber rifle, or .50 caliber cartridge shall, within 60
8  days, apply for a Firearm Owners Identification Card and
9  complete an endorsement application as outlined in subsection
10  (d).
11  Notwithstanding any other law, information contained in
12  the endorsement affidavit shall be confidential, is exempt
13  from disclosure under the Freedom of Information Act, and
14  shall not be disclosed, except to law enforcement agencies
15  acting in the performance of their duties.
16  (e) The provisions of this Section regarding the purchase
17  or possession of assault weapons, assault weapon attachments,
18  .50 caliber rifles, and .50 cartridges, as well as the
19  provisions of this Section that prohibit causing those items
20  to be purchased or possessed, do not apply to:
21  (1) Peace officers, as defined in Section 2-13 of this
22  Code.
23  (2) Qualified law enforcement officers and qualified
24  retired law enforcement officers as defined in the Law
25  Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B
26  and 926C) and as recognized under Illinois law.

 

 

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1  (3) Acquisition and possession by a federal, State, or
2  local law enforcement agency for the purpose of equipping
3  the agency's peace officers as defined in paragraph (1) or
4  (2) of this subsection (e).
5  (4) Wardens, superintendents, and keepers of prisons,
6  penitentiaries, jails, and other institutions for the
7  detention of persons accused or convicted of an offense.
8  (5) Members of the Armed Services or Reserve Forces of
9  the United States or the Illinois National Guard, while
10  performing their official duties or while traveling to or
11  from their places of duty.
12  (6) Any company that employs armed security officers
13  in this State at a nuclear energy, storage, weapons, or
14  development site or facility regulated by the federal
15  Nuclear Regulatory Commission and any person employed as
16  an armed security force member at a nuclear energy,
17  storage, weapons, or development site or facility
18  regulated by the federal Nuclear Regulatory Commission who
19  has completed the background screening and training
20  mandated by the rules and regulations of the federal
21  Nuclear Regulatory Commission and while performing
22  official duties.
23  (7) Any private security contractor agency licensed
24  under the Private Detective, Private Alarm, Private
25  Security, Fingerprint Vendor, and Locksmith Act of 2004
26  that employs private security contractors and any private

 

 

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1  security contractor who is licensed and has been issued a
2  firearm control card under the Private Detective, Private
3  Alarm, Private Security, Fingerprint Vendor, and Locksmith
4  Act of 2004 while performing official duties.
5  The provisions of this Section do not apply to the
6  manufacture, delivery, sale, import, purchase, or possession
7  of an assault weapon, assault weapon attachment, .50 caliber
8  rifle, or .50 caliber cartridge or causing the manufacture,
9  delivery, sale, importation, purchase, or possession of those
10  items:
11  (A) for sale or transfer to persons authorized under
12  subdivisions (1) through (7) of this subsection (e) to
13  possess those items;
14  (B) for sale or transfer to the United States or any
15  department or agency thereof; or
16  (C) for sale or transfer in another state or for
17  export.
18  This Section does not apply to or affect any of the
19  following:
20  (i) Possession of any firearm if that firearm is
21  sanctioned by the International Olympic Committee and by
22  USA Shooting, the national governing body for
23  international shooting competition in the United States,
24  but only when the firearm is in the actual possession of an
25  Olympic target shooting competitor or target shooting
26  coach for the purpose of storage, transporting to and from

 

 

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1  Olympic target shooting practice or events if the firearm
2  is broken down in a nonfunctioning state, is not
3  immediately accessible, or is unloaded and enclosed in a
4  firearm case, carrying box, shipping box, or other similar
5  portable container designed for the safe transportation of
6  firearms, and when the Olympic target shooting competitor
7  or target shooting coach is engaging in those practices or
8  events. For the purposes of this paragraph (8), "firearm"
9  has the meaning provided in Section 1.1 of the Firearm
10  Owners Identification Card Act.
11  (ii) Any nonresident who transports, within 24 hours,
12  a weapon for any lawful purpose from any place where the
13  nonresident may lawfully possess and carry that weapon to
14  any other place where the nonresident may lawfully possess
15  and carry that weapon if, during the transportation, the
16  weapon is unloaded, and neither the weapon nor any
17  ammunition being transported is readily accessible or is
18  directly accessible from the passenger compartment of the
19  transporting vehicle. In the case of a vehicle without a
20  compartment separate from the driver's compartment, the
21  weapon or ammunition shall be contained in a locked
22  container other than the glove compartment or console.
23  (iii) Possession of a weapon at an event taking place
24  at the World Shooting and Recreational Complex at Sparta,
25  only while engaged in the legal use of the weapon, or while
26  traveling to or from that location if the weapon is broken

 

 

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1  down in a nonfunctioning state, is not immediately
2  accessible, or is unloaded and enclosed in a firearm case,
3  carrying box, shipping box, or other similar portable
4  container designed for the safe transportation of
5  firearms.
6  (iv) Possession of a weapon only for hunting use
7  expressly permitted under the Wildlife Code, or while
8  traveling to or from a location authorized for this
9  hunting use under the Wildlife Code if the weapon is
10  broken down in a nonfunctioning state, is not immediately
11  accessible, or is unloaded and enclosed in a firearm case,
12  carrying box, shipping box, or other similar portable
13  container designed for the safe transportation of
14  firearms. By October 1, 2023, the Illinois State Police,
15  in consultation with the Department of Natural Resources,
16  shall adopt rules concerning the list of applicable
17  weapons approved under this subparagraph (iv). The
18  Illinois State Police may adopt emergency rules in
19  accordance with Section 5-45 of the Illinois
20  Administrative Procedure Act. The adoption of emergency
21  rules authorized by Section 5-45 of the Illinois
22  Administrative Procedure Act and this paragraph is deemed
23  to be necessary for the public interest, safety, and
24  welfare.
25  (v) The manufacture, transportation, possession, sale,
26  or rental of blank-firing assault weapons and .50 caliber

 

 

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