2017 Illinois Fall Gun Ban Session Begins Today

3 Comments

1. What does SB236 have to do with guns? It says it’s for the EPA name?
   SB0236

   Introduced 1/24/2017, by Sen. John J. Cullerton

   SYNOPSIS AS INTRODUCED:

   415 ILCS 5/1 from Ch. 111 1/2, par. 1001
   Amends the Environmental Protection Act. Makes a technical change in a Section concerning the short title.

   LRB100 05156 MJP 15166 b

   A BILL FOR

   SB0236 LRB100 05156 MJP 15166 b

   1 AN ACT concerning safety.

   2 Be it enacted by the People of the State of Illinois,
   3 represented in the General Assembly:

   4 Section 5. The Environmental Protection Act is amended by
   5 changing Section 1 as follows:

   6 (415 ILCS 5/1) (from Ch. 111 1/2, par. 1001)
   7 Sec. 1. This Act shall be known and and may be cited as the
   8 “Environmental Protection Act”.
   9 (Source: P.A. 76-2429.)

   Reply

   1. Gary, Check out Amendment 1. This is what is known as a shell bill or a gut and replace…

      “Amend Senate Bill 236 by replacing everything after the enacting clause with the following:”

      The following becomes a UUW violation,

      “1 (i-5) a trigger modification device. For purposes
      2 of this clause (i-5), “trigger modification device”
      3 means any part, or combination of parts, designed or
      4 intended to accelerate the rate of fire of a firearm,
      5 but does not convert the firearm into a machine gun,
      6 including, but not limited to:
      7 (A) any part, or combination of parts,
      8 designed or intended for use in modifying a firearm
      9 to use the recoil of the firearm to produce a rapid
      10 succession of trigger functions; or
      11 (B) any part, or combination of parts,
      12 designed or intended for use in modifying a firearm
      13 to produce multiple trigger functions through the
      14 use of an external mechanism;”

      Also adds an assault weapon ban…

      2 (720 ILCS 5/24-1.9 new)
      3 Sec. 24-1.9. Possession, delivery, sale, and purchase of
      4 assault weapons.
      5 (a) Definitions. As used in this Section:
      6 (1) “Antique firearm” has the meaning ascribed to it in
      7 18 U.S.C. 921 (a)(16).
      8 (2) “Assault weapon” means:
      9 (A) a semiautomatic rifle that has the capacity to
      10 accept a large capacity magazine detachable or
      11 otherwise and one or more of the following:
      12 (i) only a pistol grip without a stock
      13 attached;
      14 (ii) any feature capable of functioning as a
      15 protruding grip that can be held by the non-trigger
      16 hand;
      17 (iii) a folding, telescoping, or thumbhole
      18 stock;
      19 (iv) a shroud attached to the barrel, or that
      20 partially or completely encircles the barrel,
      21 allowing the bearer to hold the firearm with the
      22 non-trigger hand without being burned, but
      23 excluding a slide that encloses the barrel; or
      24 (v) a muzzle brake or muzzle compensator;
      25 (B) a semiautomatic pistol or any semi-automatic

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      1 rifle that has a fixed magazine, that has the capacity
      2 to accept more than 10 rounds of ammunition;
      3 (C) a semiautomatic pistol that has the capacity to
      4 accept a detachable magazine and has one or more of the
      5 following:
      6 (i) any feature capable of functioning as a
      7 protruding grip that can be held by the non-trigger
      8 hand;
      9 (ii) a folding, telescoping, or thumbhole
      10 stock;
      11 (iii) a shroud attached to the barrel, or that
      12 partially or completely encircles the barrel,
      13 allowing the bearer to hold the firearm with the
      14 non-trigger hand without being burned, but
      15 excluding a slide that encloses the barrel;
      16 (iv) a muzzle brake or muzzle compensator; or
      17 (v) the capacity to accept a detachable
      18 magazine at some location outside of the pistol
      19 grip;
      20 (D) a semiautomatic shotgun that has one or more of
      21 the following:
      22 (i) only a pistol grip without a stock
      23 attached;
      24 (ii) any feature capable of functioning as a
      25 protruding grip that can be held by the non-trigger
      26 hand;

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      1 (iii) a folding, telescoping, or thumbhole
      2 stock;
      3 (iv) a fixed magazine capacity in excess of 5
      4 rounds; or
      5 (v) an ability to accept a detachable
      6 magazine;
      7 (E) any shotgun with a revolving cylinder;
      8 (F) a conversion kit, part or combination of parts,
      9 from which an assault weapon can be assembled if those
      10 parts are in the possession or under the control of the
      11 same person;
      12 (G) shall include, but not be limited to, the
      13 assault weapons models identified as follows:
      14 (i) the following rifles or copies or
      15 duplicates of those rifles:
      16 (I) AK, AKM, AKS, AK-47, AK-74, ARM,
      17 MAK90, Misr, NHM 90, NHM 91, SA 85, SA 93,
      18 VEPR;
      19 (II) AR-10;
      20 (III) AR-15, Bushmaster XM15, Armalite
      21 Ml5, or Olympic Arms PCR;
      22 (IV) AR70;
      23 (V) Calico Liberty;
      24 (VI) Dragunov SVD Sniper Rifle or Dragunov
      25 SVU;
      26 (VII) Fabrique National FN/FAL, FN/LAR, or

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      1 FNC;
      2 (VIII) Hi-Point Carbine;
      3 (IX) HK-91, HK-93, HK-94, or HK-PSG-1;
      4 (X) Kel-Tec Sub Rifle;
      5 (XI) Saiga;
      6 (XII) SAR-8, SAR-4800;
      7 (XIII) SKS with detachable magazine;
      8 (XIV) SLG 95;
      9 (XV) SLR 95 or 96;
      10 (XVI) Steyr AUG;
      11 (XVII) Sturm, Ruger Mini-14;
      12 (XVIII) Tavor;
      13 (XIX) Thompson 1927, Thompson Ml, or
      14 Thompson 1927 Commando; or
      15 (XX) Uzi, Galil and Uzi Sporter, Galil
      16 Sporter, or Galil Sniper Rifle (Galatz).
      17 (ii) the following pistols or copies or
      18 duplicates of those pistols:
      19 (I) Calico M-110;
      20 (II) MAC-10, MAC-11, or MPA3;
      21 (III) Olympic Arms OA;
      22 (IV) TEC-9, TEC-DC9, TEC-22 Scorpion, or
      23 AB-10; or
      24 (V) Uzi.
      25 (iii) The following shotguns or copies or
      26 duplicates of those shotguns:

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      1 (I) Armscor 30 BG;
      2 (II) SPAS 12 or LAW 12;
      3 (III) Striker 12; or
      4 (IV) Streetsweeper.
      5 “Assault weapon” does not include any firearm that has
      6 been made permanently inoperable, or satisfies the
      7 definition of antique firearm, or weapons designed for
      8 Olympic target shooting events.
      9 (3) “Assault weapon attachment” means any device
      10 capable of being attached to a firearm that is specifically
      11 designed for making or converting a firearm into any of the
      12 firearms listed in paragraph (2) of this subsection (a).
      13 (4) “Detachable magazine” means any ammunition feeding
      14 device, the function of which is to deliver one or more
      15 ammunition cartridges into the firing chamber, which can be
      16 removed from the firearm without the use of any tool,
      17 including a bullet or ammunition cartridge.
      18 (5) “Locking mechanism” means secured by a device or
      19 mechanism, other than the firearm safety, designed to
      20 render a firearm temporarily inoperable; or a box or
      21 container capable of containing the firearm and that can be
      22 securely locked.
      23 (6) “Muzzle brake” means a device attached to the
      24 muzzle of a weapon that utilizes escaping gas to reduce
      25 recoil.
      26 (7) “Muzzle compensator” means a device attached to the

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      1 muzzle of a weapon that utilizes escaping gas to control
      2 muzzle movement.
      3 (b) The Department of State Police shall take all steps
      4 necessary to carry out the requirements of this Section within
      5 180 days after the effective date of this amendatory Act of the
      6 100th General Assembly.
      7 (c) Except as provided in subsections (d), (e), (f), and
      8 (h) of this Section, on or after the effective date of this
      9 amendatory Act of the 100th General Assembly, it is unlawful
      10 for any person within this State to knowingly deliver, sell, or
      11 purchase or cause to be delivered, sold, or purchased or cause
      12 to be possessed by another, an assault weapon or assault weapon
      13 attachment.
      14 (d) Except as otherwise provided in subsections (e), (f),
      15 and (h) of this Section, 300 days after the effective date of
      16 this amendatory Act of the 100th General Assembly, it is
      17 unlawful for any person within this State to knowingly possess
      18 an assault weapon.
      19 (e) This Section does not apply to a person who possessed
      20 an assault weapon before the effective date of this amendatory
      21 Act of the 100th General Assembly, provided the person has
      22 provided in a registration affidavit, under oath or affirmation
      23 and in the form and manner prescribed by the Department of
      24 State Police on or after 180 days after the effective date of
      25 this amendatory Act of the 100th General Assembly but within
      26 300 days after the effective date of this amendatory Act of the

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      1 100th General Assembly:
      2 (1) his or her name;
      3 (2) date of birth;
      4 (3) Firearm Owner’s Identification Card number;
      5 (4) the make, model, caliber, and serial number of the
      6 weapon; and
      7 (5) proof of a locking mechanism that properly fits the
      8 weapon. The affidavit shall include a statement that the
      9 weapon is owned by the person submitting the affidavit and
      10 that he or she owns a locking mechanism for the weapon.
      11 The affidavit form shall include the following statement
      12 printed in bold type: “Warning: Entering false information on
      13 this form is punishable as perjury under Section 32-2 of the
      14 Criminal Code of 2012.”
      15 Beginning 300 days after the effective date of this
      16 amendatory Act of the 100th General Assembly, the person may
      17 transfer the assault weapon only to an heir, an individual
      18 residing in another state maintaining it in another state, or a
      19 dealer licensed as a federal firearms dealer under Section 923
      20 of the federal Gun Control Act of 1968. Within 10 days after
      21 transfer of the weapon except to an heir, the person shall
      22 notify the Department of 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 is
      26 transferred shall, within 60 days of the transfer, complete an

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      1 affidavit and pay the required registration fee under this
      2 Section. A person to whom the weapon is transferred may
      3 transfer it only as provided in this subsection.
      4 (f) This Section does not apply to a peace officer who has
      5 retired in good standing from a law enforcement agency of this
      6 State and who possesses an assault weapon if the weapon was
      7 lawfully possessed and acquired by the peace officer prior to
      8 retirement and the retired peace officer within 30 days of
      9 retirement registers the weapon with the Department of State
      10 Police and pays the required registration fee under this
      11 Section. The retired peace officer shall comply with the
      12 transfer and notification requirements in subsection (e) of
      13 this Section.
      14 (g) For the purpose of registration required under
      15 subsections (e) and (f) of this Section, the Department of
      16 State Police shall assess a registration fee of $25 per person
      17 to the owner of an assault weapon. The fee shall be deposited
      18 into the State Police Firearm Services Fund.
      19 (h) This Section does not apply to or affect any of the
      20 following:
      21 (1) Peace officers.
      22 (2) Acquisition and possession by a local law
      23 enforcement agency for the purpose of equipping the
      24 agency’s peace officers.
      25 (3) Wardens, superintendents, and keepers of prisons,
      26 penitentiaries, jails, and other institutions for the

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      1 detention of persons accused or convicted of an offense.
      2 (4) Members of the Armed Services or Reserve Forces of
      3 the United States or the Illinois National Guard, while in
      4 the performance of their official duties or while traveling
      5 to or from their place of duty.
      6 (5) Any company that employs armed security officers in
      7 this State at a nuclear energy, storage, weapons, or
      8 development site or facility regulated by the federal
      9 Nuclear Regulatory Commission and persons employed as an
      10 armed security force member at a nuclear energy, storage,
      11 weapons, or development site or facility regulated by the
      12 federal Nuclear Regulatory Commission who have completed
      13 the background screening and training mandated by the rules
      14 and regulations of the federal Nuclear Regulatory
      15 Commission and while in the performance of their official
      16 duties.
      17 (6) Manufacture, transportation, or sale of weapons,
      18 attachments, or ammunition to persons authorized under
      19 subdivisions (1) through (5) of this subsection (h) to
      20 possess those items.
      21 (7) Manufacture, transportation, or sale of weapons,
      22 attachments, or ammunition for sale or transfer in another
      23 state.
      24 (8) Possession of any firearm if that firearm is
      25 sanctioned by the International Olympic Committee and by
      26 USA Shooting, the national governing body for

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      1 international shooting competition in the United States,
      2 but only when the firearm is in the actual possession of an
      3 Olympic target shooting competitor or target shooting
      4 coach for the purpose of storage, transporting to and from
      5 Olympic target shooting practice or events if the firearm
      6 is broken down in a non-functioning state, is not
      7 immediately accessible, or is unloaded and enclosed in a
      8 firearm case, carrying box, shipping box, or other similar
      9 portable container designed for the safe transportation of
      10 firearms, and when the Olympic target shooting competitor
      11 or target shooting coach is engaging in those practices or
      12 events.
      13 (9) Any non-resident who transports, within 24 hours, a
      14 weapon for any lawful purpose from any place where he or
      15 she may lawfully possess and carry that weapon to any other
      16 place where he or she may lawfully possess and carry that
      17 weapon if, during the transportation the weapon is
      18 unloaded, and neither the weapon nor any ammunition being
      19 transported is readily accessible or is directly
      20 accessible from the passenger compartment of the
      21 transporting vehicle. Provided that, in the case of a
      22 vehicle without a compartment separate from the driver’s
      23 compartment the weapon or ammunition shall be contained in
      24 a locked container other than the glove compartment or
      25 console.
      26 (10) Possession of a weapon at events taking place at

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      1 the World Shooting and Recreational Complex at Sparta, only
      2 while engaged in the legal use of this weapon, or while
      3 traveling to or from this location if the weapon is broken
      4 down in a non-functioning state, or is not immediately
      5 accessible, or is unloaded and enclosed in a firearm case,
      6 carrying box, shipping box, or other similar portable
      7 container designed for the safe transportation of
      8 firearms.
      9 (11) Possession of a weapon only for hunting use
      10 expressly permitted under the Wildlife Code, or while
      11 traveling to or from a location authorized for this hunting
      12 use under the Wildlife Code if the weapon is broken down in
      13 a non-functioning state, or is not immediately accessible,
      14 or is unloaded and enclosed in a firearm case, carrying
      15 box, shipping box, or other similar portable container
      16 designed for the safe transportation of firearms.
      17 (12) The manufacture, transportation, possession,
      18 sale, or rental of blank-firing assault weapons and the
      19 weapon’s respective attachments, to persons authorized or
      20 permitted, or both authorized and permitted to acquire and
      21 possess these weapons or attachments for the purpose of
      22 rental for use solely as props for a motion picture,
      23 television, or video production or entertainment event.
      24 (i) Sentence.
      25 (1) A person who knowingly delivers, sells, purchases,
      26 or possesses or causes to be delivered, sold, purchased, or

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      1 possessed an assault weapon in violation of this Section
      2 commits a Class 3 felony for a first violation and a Class
      3 2 felony for a second or subsequent violation or for the
      4 possession or delivery of 2 or more of these weapons at the
      5 same time.
      6 (2) A person who knowingly delivers, sells, purchases,
      7 or possesses or causes to be delivered, sold, purchased, or
      8 possessed in violation of this Section an assault weapon
      9 attachment commits a Class 4 felony for a first violation
      10 and a Class 3 felony for a second or subsequent violation.
      11 (3) Any other violation of this Section is a Class A
      12 misdemeanor.

      13 (720 ILCS 5/24-1.10 new)
      14 Sec. 24-1.10. Delivery or sale of large capacity ammunition
      15 feeding devices.
      16 (a) As used in this Section:
      17 “Large capacity ammunition feeding device” means:
      18 (1) a magazine, belt, drum, feed strip, or similar
      19 device that has a capacity of, or that can be readily
      20 restored or converted to accept, more than 10 rounds of
      21 ammunition; or
      22 (2) any combination of parts from which a device
      23 described in paragraph (1) can be assembled.
      24 “Large capacity ammunition feeding device” does not
      25 include an attached tubular device designed to accept, and

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      1 capable of operating only with, .22 caliber rimfire ammunition
      2 or a feeding device that has been permanently altered so that
      3 it cannot accommodate more than 10 rounds. “Large capacity
      4 ammunition feeding device” does not include a tubular magazine
      5 that is contained in a lever-action firearm or any device that
      6 has been made permanently inoperable.
      7 (b) Except as provided in subsection (c), it is unlawful
      8 for any person within this State to knowingly deliver, sell,
      9 purchase, or possess or cause to be delivered, sold, or
      10 purchased a large capacity ammunition feeding device.
      11 (c) This Section does not apply to or affect any of the
      12 following:
      13 (1) Peace officers.
      14 (2) A local law enforcement agency for the purpose of
      15 equipping the agency’s peace officers.
      16 (3) Wardens, superintendents, and keepers of prisons,
      17 penitentiaries, jails, and other institutions for the
      18 detention of persons accused or convicted of an offense.
      19 (4) Members of the Armed Services or Reserve Forces of
      20 the United States or the Illinois National Guard, for the
      21 performance of their official duties.
      22 (5) Any company that employs armed security officers in
      23 this State at a nuclear energy, storage, weapons, or
      24 development site or facility regulated by the federal
      25 Nuclear Regulatory Commission and persons employed as an
      26 armed security force member at a nuclear energy, storage,

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      1 weapons, or development site or facility regulated by the
      2 federal Nuclear Regulatory Commission who have completed
      3 the background screening and training mandated by the rules
      4 and regulations of the federal Nuclear Regulatory
      5 Commission for the performance of their official duties.
      6 (6) Sale of large capacity ammunition feeding devices
      7 to persons authorized under paragraphs (1) through (5) of
      8 this subsection (c) to possess those devices.
      9 (7) Sale of large capacity ammunition feeding devices
      10 for sale or transfer in another state.
      11 (8) Sale or rental of large capacity ammunition feeding
      12 devices for blank-firing assault weapons to persons
      13 authorized or permitted, or both authorized and permitted
      14 to acquire these devices for the purpose of rental for use
      15 solely as props for a motion picture, television, or video
      16 production or entertainment event.
      17 (d) Sentence. A person who knowingly delivers, sells,
      18 purchases, or causes to be delivered, sold, or purchased in
      19 violation of this Section a large capacity ammunition feeding
      20 device capable of holding more than 10 rounds of ammunition
      21 commits a Class 3 felony for a first violation and a Class 2
      22 felony for a second or subsequent violation or for delivery or
      23 possession of 2 or more of these devices at the same time. Any
      24 other violation of this Section is a Class A misdemeanor.

      Reply

2. For SB0236 HFA1: http://ilga.gov/legislation/fulltext.asp?DocName=10000SB0236sam001&GA=100&SessionId=91&DocTypeId=SB&LegID=100176&DocNum=236&GAID=14&Session=

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