Bill Text: IL HB4338 | 2017-2018 | 100th General Assembly | Introduced

---

Bill Title: Amends the Raffles and Poker Runs Act. Provides that no raffle, including, but not limited to, a raffle conducted by a law enforcement agency, statewide association that represents law enforcement officials, or government entity, may have an assault weapon as a prize. Defines terms.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB4338 Detail]

Download: Illinois-2017-HB4338-Introduced.html

---

100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB4338 Introduced , by Rep. Kathleen Willis SYNOPSIS AS INTRODUCED:
230 ILCS 15/1 from Ch. 85, par. 2301
230 ILCS 15/4 from Ch. 85, par. 2304
Amends the Raffles and Poker Runs Act. Provides that no raffle, including, but not limited to, a raffle conducted by a law enforcement agency, statewide association the represents law enforcement officials, or government entity, may have an assault weapon as a prize. Defines terms.
LRB100 14889 MJP 29714 b
A BILL FOR
HB4338 LRB100 14889 MJP 29714 b
AN ACT concerning gaming.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Raffles and Poker Runs Act is amended by
changing Sections 1 and 4 as follows:
(230 ILCS 15/1) (from Ch. 85, par. 2301)
Sec. 1. Definitions. For the purposes of this Act the terms
defined in this Section have the meanings given them.
"Antique firearm" means:
(1) a firearm, including a firearm with a matchlock,
flintlock, percussion cap, or similar type of ignition
system, manufactured in or before 1898; or
(2) a replica of a firearm described in paragraph (1)
of this definition if such replica is not designed or
redesigned for using rimfire or conventional centerfire
fixed ammunition, or uses rimfire or conventional
centerfire fixed ammunition which is no longer
manufactured in the United States and which is not readily
available in the ordinary channels of commercial trade.
"Assault weapon" means:
(1) a semi-automatic rifle that has the capacity to
accept a large-capacity magazine, detachable or otherwise,
and one or more of the following:

HB4338 - 2 - LRB100 14889 MJP 29714 b
(A) only a pistol grip without a stock attached;
(B) a feature capable of functioning as a
protruding grip that can be held by the non-trigger
hand;
(C) a folding, telescoping, or thumbhole stock;
(D) a shroud attached to the barrel, or that
partially or completely encircles the barrel, allowing
the bearer to hold the firearm with the non-trigger
hand without being burned, but excluding a slide that
encloses the barrel; or
(E) a muzzle brake or muzzle compensator;
(2) a semi-automatic pistol or a semi-automatic rifle
that has a fixed magazine, that has the capacity to accept
more than 10 rounds of ammunition;
(3) a semi-automatic pistol that has the capacity to
accept a detachable magazine and has one or more of the
following:
(A) a feature capable of functioning as a
protruding grip that can be held by the non-trigger
hand;
(B) a folding, telescoping, or thumbhole stock;
(C) a shroud attached to the barrel, or that
partially or completely encircles the barrel, allowing
the bearer to hold the firearm with the non-trigger
hand without being burned, but excluding a slide that
encloses the barrel;

HB4338 - 3 - LRB100 14889 MJP 29714 b
(D) a muzzle brake or muzzle compensator; or
(E) the capacity to accept a detachable magazine at
some location outside of the pistol grip;
(4) a semi-automatic shotgun that has one or more of
the following:
(A) only a pistol grip without a stock attached;
(B) a feature capable of functioning as a
protruding grip that can be held by the non-trigger
hand;
(C) a folding, telescoping, or thumbhole stock;
(D) a fixed magazine capacity in excess of 5
rounds;
(E) an ability to accept a detachable magazine; or
(F) a grenade, flare, or rocket launcher;
(5) a shotgun with a revolving cylinder;
(6) a conversion kit, part, or combination of parts,
from which an assault weapon can be assembled if those
parts are in the possession or under the control of the
same person; or
(7) the assault weapon models identified as follows:
(A) the following rifles or copies or duplicates
thereof:
(i) AK, AKM, AKS, AK-47, AK-74, ARM, MAK90,
Misr, NHM 90, NHM 91, SA 85, SA 93, VEPR, Rock
River Arms LAR-47, Vector Arms AK-47, VEPR,
WASR-10, WUM, MAADI, Norinco 56S, 56S2, 84S, and

HB4338 - 4 - LRB100 14889 MJP 29714 b
86S;
(ii) AR-10;
(iii) AR-15, Bushmaster XM15, Bushmaster
Carbon 15, Bushmaster ACR, Bushmaster MOE series,
Armalite M15, Armalite M15-T, and Olympic Arms
PCR;
(iv) AR70;
(v) Calico Liberty;
(vi) Dragunov SVD Sniper Rifle or Dragunov
SVU;
(vii) Fabrique National FN/FAL, FN/LAR, or
FNC;
(viii) Hi-Point Carbine;
(ix) HK-91, HK-93, HK-94, HK-USC, and
HK-PSG-1;
(x) Kel-Tec Sub Rifle, Kel-Tec Sub-2000,
SU-16, and RFB;
(xi) Saiga;
(xii) SAR-8, SAR-4800;
(xiii) KS with detachable magazine;
(xiv) SLG 95;
(xv) SLR 95 or 96;
(xvi) Steyr AUG;
(xvii) Sturm, Ruger Mini-14, and Sturm, Ruger &
Co. SR556;
(xviii) Tavor;

HB4338 - 5 - LRB100 14889 MJP 29714 b
(xix) all Thompson rifles, including Thompson
1927, Thompson M1, Thompson M1SB, Thompson T1100D,
Thompson T150D, Thompson T1B, Thompson T1B100D,
Thompson T1B50D, Thompson T1BSB, Thompson T1-C,
Thompson T1D, Thompson T1SB, Thompson T5, Thompson
T5100D, Thompson TM1, Thompson TM1C, and Thompson
1927 Commando;
(xx) Uzi, Galil and Uzi Sporter, Galil
Sporter, or Galil Sniper Rifle (Galatz);
(xxi) Barret REC7, Barrett M82A1, Barrett
M107A1;
(xxii) Colt Match Target Rifles;
(xxiii) Double Star AR Rifles;
(xxiv) DPMS Tactical Rifles;
(xxv) Heckler & Koch MR556;
(xxvi) Remington R-15 Rifles;
(xxvii) Rock River Arms LAR-15;
(xxviii) Sig Sauer SIG516 Rifles, SIG AMT, SIG
PE 57, Sig Saucer SG 550, and Sig Saucer SG 551;
(xxix) Smith & Wesson M&P15;
(xxx) Stag Arms AR;
(xxxi) Baretta CX4 Storm;
(xxxii) CETME Sporter;
(xxxiii) Daewoo K-1, K-2, Max 1, Max 2, AR 100,
and AR 110C;
(xxxiv) Fabrique Nationale/FN Herstal FAL,

HB4338 - 6 - LRB100 14889 MJP 29714 b
LAR, 22 FNC, 308 Match, L1A1 Sporter, PS90, SCAR,
and FS2000;
(xxxv) Feather Industries AT-9;
(xxxvi) Galil Model AR and Model ARM;
(xxxvii) Springfield Armory SAR-48;
(xxxviii) Steyr AUG;
(xxxix) UMAREX UZI Rifle;
(xl) UZI Mini Carbine, UZI Model A Carbine, and
UZI Model B Carbine;
(xli) Valmet M62S. M71S, and M78;
(xlii) Vector Arms UZI Type;
(xliii) Weaver Arms Nighthawk; and
(xliv) Wilkinson Arms Linda Carbine;
(B) the following handguns, pistols, or copies or
duplicates thereof:
(i) all AK-47 types, including Centurion 39 AK
handgun, Draco AK-47 handgun, HCR AK-47 handgun,
10 Inc. Hellpup, AK-47 handgun, Krinkov handgun,
Mini Draco AK-47 handgun, and Yugo Krebs Krink
handgun;
(ii) all AR-15 types, including American
Spirit AR-15 handgun, Bushmaster Carbon 15
handgun, DoubleStar Corporation AR handgun, DPMS
AR-15 handgun, Olympic Arms AR-15 handgun, and
Rock River Arms LAR 15 handgun;
(iii) Calico Liberty handguns;

HB4338 - 7 - LRB100 14889 MJP 29714 b
(iv) DSA SA58 PKP FAL handgun;
(v) Encom MP-9 and MP-45;
(vi) Heckler & Koch model SP-89 handgun;
(vii) Intratec AB-10, TEC-22 Scorpion, TEC-9,
and TEC-DC9;
(viii) Kel-Tec PLR 16 handgun;
(ix) MAC-IO, MAC-11, Masterpiece Arms MPA A930
Mini Pistol, MPA460 Pistol, MPA Tactical Pistol,
MPA 3, and MPA Mini Tactical Pistol;
(x) Military Armament Corp. Ingram M-11 and
Velocity Arms VMAC;
(xi) Sig Sauer P556 handgun;
(xii) Sites Spectre;
(xiii) all Thompson types, including the
Thompson TA510D and Thompson TA5;
(xiv) Olympic Arms OA;
(xv) TEC-9, TEC-DC9, TEC-22 Scorpion, or
AB-10; and
(xvi) all UZI types, including Micro-UZI;
(C) the following shotguns or copies or duplicates
thereof:
(i) Armscor 30 BG;
(ii) SPAS 12 or LAW 12;
(iii) Striker 12;
(iv) Streetsweeper; and
(v) all IZHMASH Saiga 12 types, including the

HB4338 - 8 - LRB100 14889 MJP 29714 b
IZHMASH Saiga 12, IZHMASH Saiga 12S, IZHMASH Saiga
12S EXP-01, IZHMASH Saiga 12K, IZHMASH Saiga
12K-030, and IZHMASH Saiga 12K-040 Taktika; and
(D) all belt-fed semi-automatic firearms,
including TNWM2HB.
"Assault weapon" does not include a firearm that has been
made permanently inoperable, an antique firearm, or a weapon
designed for Olympic target shooting events.
"Belt-fed semi-automatic firearm" means a repeating
firearm that: (i) utilizes a portion of the energy of a firing
cartridge to extract the fired cartridge case and chamber the
next round; (ii) requires a separate pull of the trigger to
fire each cartridge; and (iii) has the capacity to accept a
belt ammunition feeding device.
"Detachable magazine" means an ammunition feeding device,
the function of which is to deliver one or more ammunition
cartridges into the firing chamber, which can be removed from
the firearm without the use of any tool, including a bullet or
ammunition cartridge.
"Grenade, flare, or rocket launcher" means an attachment
for use on a firearm that is designed to propel a grenade,
flare, rocket, or other similar destructive device.
"Net proceeds" means the gross receipts from the conduct of
raffles, less reasonable sums expended for prizes, local
license fees and other reasonable operating expenses incurred
as a result of operating a raffle or poker run.

HB4338 - 9 - LRB100 14889 MJP 29714 b
"Key location" means the location where the poker run
concludes and the prize or prizes are awarded.
"Large-capacity magazine" means an ammunition feeding
device with the capacity to accept more than 10 rounds, but
shall not be construed to include the following:
(1) A feeding device that has been permanently altered
so that it cannot accommodate more than 10 rounds.
(2) A 22-caliber tube ammunition feeding device.
(3) A tubular magazine that is contained in a
lever-action firearm.
"Muzzle brake" means a device attached to the muzzle of a
weapon that utilizes escaping gas to reduce recoil.
"Muzzle compensator" means a device attached to the muzzle
of a weapon that utilizes escaping gas to control muzzle
movement.
"Net proceeds" means the gross receipts from the conduct of
raffles, less reasonable sums expended for prizes, local
license fees and other reasonable operating expenses incurred
as a result of operating a raffle or poker run.
"Poker run" means a prize-awarding event organized by an
organization licensed under this Act in which participants
travel to multiple predetermined locations, including a key
location, to play a randomized game based on an element of
chance. "Poker run" includes dice runs, marble runs, or other
events where the objective is to build the best hand or highest
score by obtaining an item or playing a randomized game at each

HB4338 - 10 - LRB100 14889 MJP 29714 b
location.
"Raffle" means a form of lottery, as defined in Section
28-2(b) of the Criminal Code of 2012, conducted by an
organization licensed under this Act, in which:
(1) the player pays or agrees to pay something of value
for a chance, represented and differentiated by a number or
by a combination of numbers or by some other medium, one or
more of which chances is to be designated the winning
chance;
(2) the winning chance is to be determined through a
drawing or by some other method based on an element of
chance by an act or set of acts on the part of persons
conducting or connected with the lottery, except that the
winning chance shall not be determined by the outcome of a
publicly exhibited sporting contest.
"Raffle" does not include a savings promotion raffle
authorized under Section 5g of the Illinois Banking Act,
Section 7008 of the Savings Bank Act, Section 42.7 of the
Illinois Credit Union Act, Section 5136B of the National Bank
Act (12 U.S.C. 25a), or Section 4 of the Home Owners' Loan Act
(12 U.S.C. 1463).
"Rocket" means a simple or complex tube-like device
containing combustibles that on being ignited liberate gases
whose action propels the device through the air and has a
propellant charge of not more than 4 ounces.
(Source: P.A. 98-644, eff. 6-10-14; 99-149, eff. 1-1-16;

HB4338 - 11 - LRB100 14889 MJP 29714 b
99-405, eff. 8-19-15; 99-642, eff. 7-28-16.)
(230 ILCS 15/4) (from Ch. 85, par. 2304)
Sec. 4. Conduct of raffles and poker runs.
(a) The conducting of raffles and poker runs is subject to
the following restrictions:
(1) The entire net proceeds of any raffle or poker run
must be exclusively devoted to the lawful purposes of the
organization permitted to conduct that game.
(2) No person except a bona fide member of the
sponsoring organization may participate in the management
or operation of the raffle or poker run.
(3) No person may receive any remuneration or profit
for participating in the management or operation of the
raffle or poker run.
(4) A licensee may rent a premises on which to
determine the winning chance or chances in a raffle only
from an organization which is also licensed under this Act.
A premises where a poker run is held is not required to
obtain a license if the name and location of the premises
is listed as a predetermined location on the license issued
for the poker run and the premises does not charge for use
of the premises.
(5) Raffle chances may be sold or issued only within
the area specified on the license and winning chances may
be determined only at those locations specified on the

HB4338 - 12 - LRB100 14889 MJP 29714 b
license for a raffle.
(6) A person under the age of 18 years may participate
in the conducting of raffles or chances or poker runs only
with the permission of a parent or guardian. A person under
the age of 18 years may be within the area where winning
chances in a raffle or winning hands or scores in a poker
run are being determined only when accompanied by his
parent or guardian.
(7) No raffle, including, but not limited to, a raffle
conducted by a law enforcement agency, statewide
association that represents law enforcement officials, or
government
entity, may have an assault weapon as a prize.
(b) If a lessor rents premises where a winning chance or
chances on a raffle or a winning hand or score in a poker run is
determined, the lessor shall not be criminally liable if the
person who uses the premises for the determining of winning
chances does not hold a license issued by the governing body of
any county or municipality under the provisions of this Act.
(Source: P.A. 98-644, eff. 6-10-14.)