Bill Text: IL HB0781 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Firearm Owners Identification Card Act. Provides that a unit of local government, including a home rule unit, may not impose a tax, fee, or other assessment other than a retailers' occupation tax rate for goods on a firearm, firearm attachment, or firearm ammunition. Provides that the provisions of any ordinance or resolution, in effect or adopted, on or after the effective date of the amendatory Act by any unit of local government, including a home rule unit, that imposes a tax, fee, or other assessment other a retailers' occupation tax rate for goods on a firearm, firearm attachment, or firearm ammunition are invalid and void. Effective immediately.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2022-02-10 - Added Co-Sponsor Rep. Mark Luft [HB0781 Detail]

Download: Illinois-2021-HB0781-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB0781 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. Provides that a unit of local government, including a home rule unit, may not impose a tax, fee, or other assessment other than a retailers' occupation tax rate for goods on a firearm, firearm attachment, or firearm ammunition. Provides that the provisions of any ordinance or resolution, in effect or adopted, on or after the effective date of the amendatory Act by any unit of local government, including a home rule unit, that imposes a tax, fee, or other assessment other a retailers' occupation tax rate for goods on a firearm, firearm attachment, or firearm ammunition are invalid and void. Effective immediately.
LRB102 04204 RLC 14221 b
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) 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) 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 Assembly that

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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) 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 designated

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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.
(c-5) A unit of local government, including a home rule
unit, may not impose a tax, fee, or other assessment other than
a retailers' occupation tax rate for goods on a firearm,
firearm attachment, or firearm ammunition. The provisions of
any ordinance or resolution, in effect or adopted, on or after
the effective date of this amendatory Act of the 102nd General
Assembly by any unit of local government, including a home
rule unit, that imposes a tax, fee, or other assessment other
than a retailers' occupation tax rate for goods on a firearm,
firearm attachment, or firearm ammunition are invalid and
void.
(d) For the purposes of this Section, "handgun" has the
meaning ascribed to it in Section 5 of the Firearm Concealed
Carry Act.
(e) This Section is a denial and limitation of home rule
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.