Bill Text: IL SB3297 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Prohibits the transfer of an assault weapon, assault weapon attachment, .50 caliber rifle, or large capacity ammunition feeding device. 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-09 - Session Sine Die [SB3297 Detail]

Download: Illinois-2017-SB3297-Introduced.html

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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.
LRB100 18820 RLC 34060 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
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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 2012 is amended by adding
Section 24-1.9 as follows:
(720 ILCS 5/24-1.9 new)
Sec. 24-1.9. Transfer of an assault weapon, assault weapon
attachment, .50 caliber rifle, or large capacity ammunition
feeding device.
(a) Definitions. As used in this Section:
(1) "Antique firearm" has the meaning ascribed to it in
18 U.S.C. 921 (a)(16).
(2) "Assault weapon" means:
(A) a semiautomatic rifle that has the capacity to
accept a large capacity magazine detachable or
otherwise and one or more of the following:
(i) only a pistol grip without a stock
attached;
(ii) any feature capable of functioning as a
protruding grip that can be held by the non-trigger
hand;
(iii) a folding, telescoping, or thumbhole
stock;

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(iv) 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
(v) a muzzle brake or muzzle compensator;
(B) a semiautomatic pistol or any semi-automatic
rifle that has a fixed magazine, that has the capacity
to accept more than 10 rounds of ammunition;
(C) a semiautomatic pistol that has the capacity to
accept a detachable magazine and has one or more of the
following:
(i) any feature capable of functioning as a
protruding grip that can be held by the non-trigger
hand;
(ii) a folding, telescoping, or thumbhole
stock;
(iii) 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;
(iv) a muzzle brake or muzzle compensator; or
(v) the capacity to accept a detachable
magazine at some location outside of the pistol
grip;

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(D) a semiautomatic shotgun that has one or more of
the following:
(i) only a pistol grip without a stock
attached;
(ii) any feature capable of functioning as a
protruding grip that can be held by the non-trigger
hand;
(iii) a folding, telescoping, or thumbhole
stock;
(iv) a fixed magazine capacity in excess of 5
rounds; or
(v) an ability to accept a detachable
magazine;
(E) any shotgun with a revolving cylinder;
(F) 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;
(G) shall include, but not be limited to, the
assault weapons models identified as follows:
(i) the following rifles or copies or
duplicates of those rifles:
(I) AK, AKM, AKS, AK-47, AK-74, ARM,
MAK90, Misr, NHM 90, NHM 91, SA 85, SA 93,
VEPR;
(II) AR-10;

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(III) AR-15, Bushmaster XM15, Armalite
Ml5, or 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, or HK-PSG-1;
(X) Kel-Tec Sub Rifle;
(XI) Saiga;
(XII) SAR-8, SAR-4800;
(XIII) SKS with detachable magazine;
(XIV) SLG 95;
(XV) SLR 95 or 96;
(XVI) Steyr AUG;
(XVII) Sturm, Ruger Mini-14;
(XVIII) Tavor;
(XIX) Thompson 1927, Thompson Ml, or
Thompson 1927 Commando; or
(XX) Uzi, Galil and Uzi Sporter, Galil
Sporter, or Galil Sniper Rifle (Galatz).
(ii) the following pistols or copies or
duplicates of those pistols:
(I) Calico M-110;

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(II) MAC-10, MAC-11, or MPA3;
(III) Olympic Arms OA;
(IV) TEC-9, TEC-DC9, TEC-22 Scorpion, or
AB-10; or
(V) Uzi.
(iii) The following shotguns or copies or
duplicates of those shotguns:
(I) Armscor 30 BG;
(II) SPAS 12 or LAW 12;
(III) Striker 12; or
(IV) Streetsweeper.
"Assault weapon" does not include any firearm that has
been made permanently inoperable, or satisfies the
definition of antique firearm, or weapons designed for
Olympic target shooting events.
(3) "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 (2) of this subsection (a).
(4) "Detachable magazine" means any 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.
(5) ".50 caliber cartridge" means a cartridge in .50
BMG caliber, either by designation or actual measurement,

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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 or shotgun ammunition with a caliber
measurement that is equal to or greater than .50 caliber.
(6) ".50 caliber rifle" means a centerfire rifle
capable of firing a .50 caliber cartridge. The term does
not include any antique firearm, any shotgun including a
shotgun that has a rifle barrel, or any muzzle-loader which
uses black powder for hunting or historical re-enactments.
(7) "Large capacity ammunition feeding device" means:
(A) 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
(B) any combination of parts from which a device
described in subparagraph (A) 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 a feeding device that has been permanently
altered so that it cannot accommodate more than 10 rounds.
"Large capacity ammunition feeding device" does not
include a tubular magazine that is contained in a

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lever-action firearm or any device that has been made
permanently inoperable.
(8) "Muzzle brake" means a device attached to the
muzzle of a weapon that utilizes escaping gas to reduce
recoil.
(9) "Muzzle compensator" means a device attached to the
muzzle of a weapon that utilizes escaping gas to control
muzzle movement.
(10) "Transfer" means a delivery, loan, rental, or
sale.
(b) Except as provided in subsections (c) and (d) of this
Section, on and after the effective date of this amendatory Act
of the 100th General Assembly, it is unlawful for any person
within this State to knowingly transfer or cause to be
transferred an assault weapon, assault weapon attachment, .50
caliber rifle, or large capacity ammunition feeding device.
(c) On and after the effective date of this amendatory Act
of the 100th General Assembly, 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
Section 923 of the federal Gun Control Act of 1968. Within 10
days after transfer of the weapon, attachment, or device except
to an heir, the person shall notify the Department of State
Police of the name and address of the transferee and comply

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with the requirements of subsection (b) of Section 3 of the
Firearm Owners Identification Card Act. A person to whom the
weapon is transferred may transfer it only as provided in this
subsection.
(d) This Section does not apply to or affect any of the
following:
(1) a transfer of an assault weapon, assault weapon
attachment, .50 caliber rifle, or large capacity
ammunition feeding device to a peace officer;
(2) a transfer of an assault weapon, assault weapon
attachment, .50 caliber rifle, or large capacity
ammunition feeding device by a local law enforcement agency
for the purpose of equipping the agency's peace officers;
(3) a transfer of an assault weapon, assault weapon
attachment, .50 caliber rifle, or large capacity
ammunition feeding device to a warden, superintendent, or
keeper of a prison, penitentiary, jail, or other
institution for the detention of persons accused or
convicted of an offense;
(4) a transfer of an assault weapon, assault weapon
attachment, .50 caliber rifle, or large capacity
ammunition feeding device to a member of the Armed Services
or Reserve Forces of the United States or the Illinois
National Guard, while in the performance of his or her
official duties or while traveling to or from their place
of duty;

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(5) a transfer of an assault weapon, assault weapon
attachment, .50 caliber rifle, or large capacity
ammunition feeding device to a company that employs armed
security officers in this State at a nuclear energy,
storage, weapons, or development site or facility
regulated by the federal Nuclear Regulatory Commission and
persons employed as an armed security force member at a
nuclear energy, storage, weapons, or development site or
facility regulated by the federal Nuclear Regulatory
Commission who have completed the background screening and
training mandated by the rules and regulations of the
federal Nuclear Regulatory Commission and while in the
performance of his or her official duties;
(6) the transfer of an assault weapon, assault weapon
attachment, .50 caliber rifle, or large capacity
ammunition feeding device to persons authorized under
paragraphs (1) through (5) of this subsection (d) to
transfer those items;
(7) the transfer of an assault weapon, assault weapon
attachment, .50 caliber rifle, or large capacity
ammunition feeding device for transfer in another state; or
(8) the transfer of a blank-firing assault weapon or
.50 caliber rifle or the weapon's respective attachments,
to a person authorized or permitted, or both authorized and
permitted to acquire and possess the weapon or attachments
for the purpose of rental for use solely as props for a

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motion picture, television, or video production or
entertainment event.
(e) Sentence.
(1) A person who knowingly transfers or causes to be
transferred an assault weapon or .50 caliber rifle 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 transfer of 2 or more of
these weapons at the same time.
(2) A person who knowingly delivers or causes to be
delivered in violation of this Section 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.