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Rep. Harry Benton
Filed: 4/2/2024
 
 
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| 1 |  | AMENDMENT TO HOUSE BILL 5254 
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| 2 |  |  AMENDMENT NO. ______. Amend House Bill 5254 by replacing  | 
| 3 |  | everything after the enacting clause with the following:
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| 4 |  |  "Section 5. The Criminal Code of 2012 is amended by  | 
| 5 |  | changing Section 24-1.9 as follows:
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| 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: | 
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| 1 |  |    (i) a pistol grip or thumbhole stock; | 
| 2 |  |    (ii) any feature capable of functioning as a  | 
| 3 |  |  protruding grip that can be held by the non-trigger  | 
| 4 |  |  hand; | 
| 5 |  |    (iii) a folding, telescoping, thumbhole, or  | 
| 6 |  |  detachable stock, or a stock that is otherwise  | 
| 7 |  |  foldable or adjustable in a manner that operates to  | 
| 8 |  |  reduce the length, size, or any other dimension, or  | 
| 9 |  |  otherwise enhances the concealability of, the weapon;  | 
| 10 |  |    (iv) a flash suppressor; | 
| 11 |  |    (v) a grenade launcher; | 
| 12 |  |    (vi) a shroud attached to the barrel or that  | 
| 13 |  |  partially or completely encircles the barrel, allowing  | 
| 14 |  |  the bearer to hold the firearm with the non-trigger  | 
| 15 |  |  hand without being burned, but excluding a slide that  | 
| 16 |  |  encloses the barrel.  | 
| 17 |  |   (B) A semiautomatic rifle that has a fixed magazine  | 
| 18 |  |  with the capacity to accept more than 10 rounds, except  | 
| 19 |  |  for an attached tubular device designed to accept, and  | 
| 20 |  |  capable of operating only with, .22 caliber rimfire  | 
| 21 |  |  ammunition. | 
| 22 |  |   (C) A semiautomatic pistol that has the capacity to  | 
| 23 |  |  accept a detachable magazine or that may be readily  | 
| 24 |  |  modified to accept a detachable magazine, if the firearm  | 
| 25 |  |  has one or more of the following: | 
| 26 |  |    (i) a threaded barrel; | 
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| 1 |  |    (ii) a second pistol grip or another feature  | 
| 2 |  |  capable of functioning as a protruding grip that can  | 
| 3 |  |  be held by the non-trigger hand; | 
| 4 |  |    (iii) a shroud attached to the barrel or that  | 
| 5 |  |  partially or completely encircles the barrel, allowing  | 
| 6 |  |  the bearer to hold the firearm with the non-trigger  | 
| 7 |  |  hand without being burned, but excluding a slide that  | 
| 8 |  |  encloses the barrel; | 
| 9 |  |    (iv) a flash suppressor;  | 
| 10 |  |    (v) the capacity to accept a detachable magazine  | 
| 11 |  |  at some location outside of the pistol grip; or | 
| 12 |  |    (vi) a buffer tube, arm brace, or other part that  | 
| 13 |  |  protrudes horizontally behind the pistol grip and is  | 
| 14 |  |  designed or redesigned to allow or facilitate a  | 
| 15 |  |  firearm to be fired from the shoulder.  | 
| 16 |  |   (D) A semiautomatic pistol that has a fixed magazine  | 
| 17 |  |  with the capacity to accept more than 15 rounds. | 
| 18 |  |   (E) Any shotgun with a revolving cylinder.  | 
| 19 |  |   (F) A semiautomatic shotgun that has one or more of  | 
| 20 |  |  the following: | 
| 21 |  |    (i) a pistol grip or thumbhole stock; | 
| 22 |  |    (ii) any feature capable of functioning as a  | 
| 23 |  |  protruding grip that can be held by the non-trigger  | 
| 24 |  |  hand; | 
| 25 |  |    (iii) a folding or thumbhole stock;  | 
| 26 |  |    (iv) a grenade launcher; | 
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| 1 |  |    (v) a fixed magazine with the capacity of more  | 
| 2 |  |  than 5 rounds; or  | 
| 3 |  |    (vi) the capacity to accept a detachable magazine.  | 
| 4 |  |   (G) Any semiautomatic firearm that has the capacity to  | 
| 5 |  |  accept a belt ammunition feeding device. | 
| 6 |  |   (H) Any firearm that has been modified to be operable  | 
| 7 |  |  as an assault weapon as defined in this Section.  | 
| 8 |  |   (I) Any part or combination of parts designed or  | 
| 9 |  |  intended to convert a firearm into an assault weapon,  | 
| 10 |  |  including any combination of parts from which an assault  | 
| 11 |  |  weapon may be readily assembled if those parts are in the  | 
| 12 |  |  possession or under the control of the same person.  | 
| 13 |  |   (J) All of the following rifles, copies, duplicates,  | 
| 14 |  |  variants, or altered facsimiles with the capability of any  | 
| 15 |  |  such weapon:  | 
| 16 |  |    (i) All AK types, including the following: | 
| 17 |  |     (I) AK, AK47, AK47S, AK-74, AKM, AKS, ARM,  | 
| 18 |  |  MAK90, MISR, NHM90, NHM91, SA85, SA93, Vector Arms  | 
| 19 |  |  AK-47, VEPR, WASR-10, and WUM.  | 
| 20 |  |     (II) IZHMASH Saiga AK.  | 
| 21 |  |     (III) MAADI AK47 and ARM.  | 
| 22 |  |     (IV) Norinco 56S, 56S2, 84S, and 86S.  | 
| 23 |  |     (V) Poly Technologies AK47 and AKS.  | 
| 24 |  |     (VI) SKS with a detachable magazine.  | 
| 25 |  |    (ii) all AR types, including the following: | 
| 26 |  |     (I) AR-10.  | 
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| 1 |  |     (II) AR-15.  | 
| 2 |  |     (III) Alexander Arms Overmatch Plus 16.  | 
| 3 |  |     (IV) Armalite M15 22LR Carbine.  | 
| 4 |  |     (V) Armalite M15-T.  | 
| 5 |  |     (VI) Barrett REC7.  | 
| 6 |  |     (VII) Beretta AR-70.  | 
| 7 |  |     (VIII) Black Rain Ordnance Recon Scout.  | 
| 8 |  |     (IX) Bushmaster ACR.  | 
| 9 |  |     (X) Bushmaster Carbon 15.  | 
| 10 |  |     (XI) Bushmaster MOE series.  | 
| 11 |  |     (XII) Bushmaster XM15.  | 
| 12 |  |     (XIII) Chiappa Firearms MFour rifles.  | 
| 13 |  |     (XIV) Colt Match Target rifles.  | 
| 14 |  |     (XV) CORE Rifle Systems CORE15 rifles.  | 
| 15 |  |     (XVI) Daniel Defense M4A1 rifles.  | 
| 16 |  |     (XVII) Devil Dog Arms 15 Series rifles.  | 
| 17 |  |     (XVIII) Diamondback DB15 rifles.  | 
| 18 |  |     (XIX) DoubleStar AR rifles.  | 
| 19 |  |     (XX) DPMS Tactical rifles.  | 
| 20 |  |     (XXI) DSA Inc. ZM-4 Carbine.  | 
| 21 |  |     (XXII) Heckler & Koch MR556.  | 
| 22 |  |     (XXIII) High Standard HSA-15 rifles.  | 
| 23 |  |     (XXIV) Jesse James Nomad AR-15 rifle.  | 
| 24 |  |     (XXV) Knight's Armament SR-15.  | 
| 25 |  |     (XXVI) Lancer L15 rifles.  | 
| 26 |  |     (XXVII) MGI Hydra Series rifles.  | 
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| 1 |  |     (XXVIII) Mossberg MMR Tactical rifles.  | 
| 2 |  |     (XXIX) Noreen Firearms BN 36 rifle.  | 
| 3 |  |     (XXX) Olympic Arms.  | 
| 4 |  |     (XXXI) POF USA P415.  | 
| 5 |  |     (XXXII) Precision Firearms AR rifles.  | 
| 6 |  |     (XXXIII) Remington R-15 rifles.  | 
| 7 |  |     (XXXIV) Rhino Arms AR rifles.  | 
| 8 |  |     (XXXV) Rock River Arms LAR-15 or Rock River  | 
| 9 |  |  Arms LAR-47.  | 
| 10 |  |     (XXXVI) Sig Sauer SIG516 rifles and MCX  | 
| 11 |  |  rifles.  | 
| 12 |  |     (XXXVII) Smith & Wesson M&P15 rifles.  | 
| 13 |  |     (XXXVIII) Stag Arms AR rifles.  | 
| 14 |  |     (XXXIX) Sturm, Ruger & Co. SR556 and AR-556  | 
| 15 |  |  rifles.  | 
| 16 |  |     (XL) Uselton Arms Air-Lite M-4 rifles.  | 
| 17 |  |     (XLI) Windham Weaponry AR rifles.  | 
| 18 |  |     (XLII) WMD Guns Big Beast.  | 
| 19 |  |     (XLIII) Yankee Hill Machine Company, Inc.  | 
| 20 |  |  YHM-15 rifles.  | 
| 21 |  |    (iii) Barrett M107A1. | 
| 22 |  |    (iv) Barrett M82A1. | 
| 23 |  |    (v) Beretta CX4 Storm. | 
| 24 |  |    (vi) Calico Liberty Series. | 
| 25 |  |    (vii) CETME Sporter.  | 
| 26 |  |    (viii) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and  | 
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| 1 |  |  AR 110C.  | 
| 2 |  |    (ix) Fabrique Nationale/FN Herstal FAL, LAR, 22  | 
| 3 |  |  FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000.  | 
| 4 |  |    (x) Feather Industries AT-9.  | 
| 5 |  |    (xi) Galil Model AR and Model ARM.  | 
| 6 |  |    (xii) Hi-Point Carbine.  | 
| 7 |  |    (xiii) HK-91, HK-93, HK-94, HK-PSG-1, and HK USC.  | 
| 8 |  |    (xiv) IWI TAVOR, Galil ACE rifle.  | 
| 9 |  |    (xv) Kel-Tec Sub-2000, SU-16, and RFB.  | 
| 10 |  |    (xvi) SIG AMT, SIG PE-57, Sig Sauer SG 550, Sig  | 
| 11 |  |  Sauer SG 551, and SIG MCX. | 
| 12 |  |    (xvii) Springfield Armory SAR-48.  | 
| 13 |  |    (xviii) Steyr AUG.  | 
| 14 |  |    (xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle  | 
| 15 |  |  M-14/20CF.  | 
| 16 |  |    (xx) All Thompson rifles, including the following:  | 
| 17 |  |     (I) Thompson M1SB.  | 
| 18 |  |     (II) Thompson T1100D.  | 
| 19 |  |     (III) Thompson T150D.  | 
| 20 |  |     (IV) Thompson T1B.  | 
| 21 |  |     (V) Thompson T1B100D.  | 
| 22 |  |     (VI) Thompson T1B50D.  | 
| 23 |  |     (VII) Thompson T1BSB.  | 
| 24 |  |     (VIII) Thompson T1-C.  | 
| 25 |  |     (IX) Thompson T1D.  | 
| 26 |  |     (X) Thompson T1SB.  | 
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| 1 |  |     (XI) Thompson T5.  | 
| 2 |  |     (XII) Thompson T5100D.  | 
| 3 |  |     (XIII) Thompson TM1.  | 
| 4 |  |     (XIV) Thompson TM1C.  | 
| 5 |  |    (xxi) UMAREX UZI rifle.  | 
| 6 |  |    (xxii) UZI Mini Carbine, UZI Model A Carbine, and  | 
| 7 |  |  UZI Model B Carbine.  | 
| 8 |  |    (xxiii) Valmet M62S, M71S, and M78.  | 
| 9 |  |    (xxiv) Vector Arms UZI Type.  | 
| 10 |  |    (xxv) Weaver Arms Nighthawk.  | 
| 11 |  |    (xxvi) Wilkinson Arms Linda Carbine.  | 
| 12 |  |   (K) All of the following pistols, copies, duplicates,  | 
| 13 |  |  variants, or altered facsimiles with the capability of any  | 
| 14 |  |  such weapon thereof:  | 
| 15 |  |    (i) All AK types, including the following:  | 
| 16 |  |     (I) Centurion 39 AK pistol.  | 
| 17 |  |     (II) CZ Scorpion pistol.  | 
| 18 |  |     (III) Draco AK-47 pistol.  | 
| 19 |  |     (IV) HCR AK-47 pistol.  | 
| 20 |  |     (V) IO Inc. Hellpup AK-47 pistol.  | 
| 21 |  |     (VI) Krinkov pistol.  | 
| 22 |  |     (VII) Mini Draco AK-47 pistol.  | 
| 23 |  |     (VIII) PAP M92 pistol.  | 
| 24 |  |     (IX) Yugo Krebs Krink pistol.  | 
| 25 |  |    (ii) All AR types, including the following:  | 
| 26 |  |     (I) American Spirit AR-15 pistol.  | 
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| 1 |  |     (II) Bushmaster Carbon 15 pistol.  | 
| 2 |  |     (III) Chiappa Firearms M4 Pistol GEN II.  | 
| 3 |  |     (IV) CORE Rifle Systems CORE15 Roscoe pistol.  | 
| 4 |  |     (V) Daniel Defense MK18 pistol.  | 
| 5 |  |     (VI) DoubleStar Corporation AR pistol.  | 
| 6 |  |     (VII) DPMS AR-15 pistol.  | 
| 7 |  |     (VIII) Jesse James Nomad AR-15 pistol.  | 
| 8 |  |     (IX) Olympic Arms AR-15 pistol.  | 
| 9 |  |     (X) Osprey Armament MK-18 pistol.  | 
| 10 |  |     (XI) POF USA AR pistols.  | 
| 11 |  |     (XII) Rock River Arms LAR 15 pistol.  | 
| 12 |  |     (XIII) Uselton Arms Air-Lite M-4 pistol.  | 
| 13 |  |    (iii) Calico pistols.  | 
| 14 |  |    (iv) DSA SA58 PKP FAL pistol.  | 
| 15 |  |    (v) Encom MP-9 and MP-45.  | 
| 16 |  |    (vi) Heckler & Koch model SP-89 pistol.  | 
| 17 |  |    (vii) Intratec AB-10, TEC-22 Scorpion, TEC-9, and  | 
| 18 |  |  TEC-DC9.  | 
| 19 |  |    (viii) IWI Galil Ace pistol, UZI PRO pistol.  | 
| 20 |  |    (ix) Kel-Tec PLR 16 pistol.  | 
| 21 |  |    (x) All MAC types, including the following:  | 
| 22 |  |     (I) MAC-10.  | 
| 23 |  |     (II) MAC-11.  | 
| 24 |  |     (III) Masterpiece Arms MPA A930 Mini Pistol,  | 
| 25 |  |  MPA460 Pistol, MPA Tactical Pistol, and MPA Mini  | 
| 26 |  |  Tactical Pistol.  | 
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| 1 |  |     (IV) Military Armament Corp. Ingram M-11.  | 
| 2 |  |     (V) Velocity Arms VMAC.  | 
| 3 |  |    (xi) Sig Sauer P556 pistol.  | 
| 4 |  |    (xii) Sites Spectre.  | 
| 5 |  |    (xiii) All Thompson types, including the  | 
| 6 |  |  following:  | 
| 7 |  |     (I) Thompson TA510D.  | 
| 8 |  |     (II) Thompson TA5.  | 
| 9 |  |    (xiv) All UZI types, including Micro-UZI.  | 
| 10 |  |   (L) All of the following shotguns, copies, duplicates,  | 
| 11 |  |  variants, or altered facsimiles with the capability of any  | 
| 12 |  |  such weapon thereof:  | 
| 13 |  |    (i) DERYA Anakon MC-1980, Anakon SD12.  | 
| 14 |  |    (ii) Doruk Lethal shotguns.  | 
| 15 |  |    (iii) Franchi LAW-12 and SPAS 12.  | 
| 16 |  |    (iv) All IZHMASH Saiga 12 types, including the  | 
| 17 |  |  following:  | 
| 18 |  |     (I) IZHMASH Saiga 12.  | 
| 19 |  |     (II) IZHMASH Saiga 12S.  | 
| 20 |  |     (III) IZHMASH Saiga 12S EXP-01.  | 
| 21 |  |     (IV) IZHMASH Saiga 12K.  | 
| 22 |  |     (V) IZHMASH Saiga 12K-030.  | 
| 23 |  |     (VI) IZHMASH Saiga 12K-040 Taktika.  | 
| 24 |  |    (v) Streetsweeper.  | 
| 25 |  |    (vi) Striker 12.  | 
| 26 |  |  (2) "Assault weapon" does not include:  | 
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| 1 |  |   (A) Any firearm that is an unserviceable firearm or  | 
| 2 |  |  has been made permanently inoperable. | 
| 3 |  |   (B) An antique firearm or a replica of an antique  | 
| 4 |  |  firearm. | 
| 5 |  |   (C) A firearm that is manually operated by bolt, pump,  | 
| 6 |  |  lever or slide action, unless the firearm is a shotgun  | 
| 7 |  |  with a revolving cylinder. | 
| 8 |  |   (D) Any air rifle as defined in Section 24.8-0.1 of  | 
| 9 |  |  this Code. | 
| 10 |  |   (E) Any handgun, as defined under the Firearm  | 
| 11 |  |  Concealed Carry Act, unless otherwise listed in this  | 
| 12 |  |  Section.  | 
| 13 |  |  (3) "Assault weapon attachment" means any device capable  | 
| 14 |  | of being attached to a firearm that is specifically designed  | 
| 15 |  | for making or converting a firearm into any of the firearms  | 
| 16 |  | listed in paragraph (1) of this subsection (a). | 
| 17 |  |  (4) "Antique firearm" has the meaning ascribed to it in 18  | 
| 18 |  | U.S.C. 921(a)(16). | 
| 19 |  |  (5) ".50 caliber rifle" means a centerfire rifle capable  | 
| 20 |  | of firing a .50 caliber cartridge. The term does not include  | 
| 21 |  | any antique firearm, any shotgun including a shotgun that has  | 
| 22 |  | a rifle barrel, or any muzzle-loader which uses black powder  | 
| 23 |  | for hunting or historical reenactments. | 
| 24 |  |  (6) ".50 caliber cartridge" means a cartridge in .50 BMG  | 
| 25 |  | caliber, either by designation or actual measurement, that is  | 
| 26 |  | capable of being fired from a centerfire rifle. The term ".50  | 
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| 1 |  | caliber cartridge" does not include any memorabilia or display  | 
| 2 |  | item that is filled with a permanent inert substance or that is  | 
| 3 |  | otherwise permanently altered in a manner that prevents ready  | 
| 4 |  | modification for use as live ammunition or shotgun ammunition  | 
| 5 |  | with a caliber measurement that is equal to or greater than .50  | 
| 6 |  | caliber. | 
| 7 |  |  (7) "Detachable magazine" means an ammunition feeding  | 
| 8 |  | device that may be removed from a firearm without disassembly  | 
| 9 |  | of the firearm action, including an ammunition feeding device  | 
| 10 |  | that may be readily removed from a firearm with the use of a  | 
| 11 |  | bullet, cartridge, accessory, or other tool, or any other  | 
| 12 |  | object that functions as a tool, including a bullet or  | 
| 13 |  | cartridge. | 
| 14 |  |  (8) "Fixed magazine" means an ammunition feeding device  | 
| 15 |  | that is permanently attached to a firearm, or contained in and  | 
| 16 |  | not removable from a firearm, or that is otherwise not a  | 
| 17 |  | detachable magazine, but does not include an attached tubular  | 
| 18 |  | device designed to accept, and capable of operating only with,  | 
| 19 |  | .22 caliber rimfire ammunition.  | 
| 20 |  |  (b) Except as provided in subsections (c), (d), and (e),  | 
| 21 |  | on or after January 10, 2023 (the effective date of Public Act  | 
| 22 |  | 102-1116) this amendatory Act of the 102nd General Assembly,  | 
| 23 |  | it is unlawful for any person within this State to knowingly  | 
| 24 |  | manufacture, deliver, sell, import, or purchase or cause to be  | 
| 25 |  | manufactured, delivered, sold, imported, or purchased by  | 
| 26 |  | another, an assault weapon, assault weapon attachment, .50  | 
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| 1 |  | caliber rifle, or .50 caliber cartridge. | 
| 2 |  |  (c) Except as otherwise provided in subsection (d),  | 
| 3 |  | beginning January 1, 2024, it is unlawful for any person  | 
| 4 |  | within this State to knowingly possess an assault weapon,  | 
| 5 |  | assault weapon attachment, .50 caliber rifle, or .50 caliber  | 
| 6 |  | cartridge.  | 
| 7 |  |  (d) This Section does not apply to a person's possession  | 
| 8 |  | of an assault weapon, assault weapon attachment, .50 caliber  | 
| 9 |  | rifle, or .50 caliber cartridge device if the person lawfully  | 
| 10 |  | possessed that assault weapon, assault weapon attachment, .50  | 
| 11 |  | caliber rifle, or .50 caliber cartridge prohibited by  | 
| 12 |  | subsection (c) of this Section, if the person has provided in  | 
| 13 |  | an endorsement affidavit, prior to January 1, 2024, under oath  | 
| 14 |  | or affirmation and in the form and manner prescribed by the  | 
| 15 |  | Illinois State Police, no later than October 1, 2023: | 
| 16 |  |   (1) the affiant's Firearm Owner's Identification Card  | 
| 17 |  |  number; | 
| 18 |  |   (2) an affirmation that the affiant: (i) possessed an  | 
| 19 |  |  assault weapon, assault weapon attachment, .50 caliber  | 
| 20 |  |  rifle, or .50 caliber cartridge before January 10, 2023  | 
| 21 |  |  (the effective date of Public Act 102-1116) this  | 
| 22 |  |  amendatory Act of the 102nd General Assembly; or (ii)  | 
| 23 |  |  inherited the assault weapon, assault weapon attachment,  | 
| 24 |  |  .50 caliber rifle, or .50 caliber cartridge from a person  | 
| 25 |  |  with an endorsement under this Section or from a person  | 
| 26 |  |  authorized under subdivisions (1) through (5) of  | 
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| 1 |  |  subsection (e) to possess the assault weapon, assault  | 
| 2 |  |  weapon attachment, .50 caliber rifle, or .50 caliber  | 
| 3 |  |  cartridge; and | 
| 4 |  |   (3) the make, model, caliber, and serial number of the  | 
| 5 |  |  .50 caliber rifle or assault weapon or assault weapons  | 
| 6 |  |  listed in paragraphs (J), (K), and (L) of subdivision (1)  | 
| 7 |  |  of subsection (a) of this Section possessed by the affiant  | 
| 8 |  |  prior to January 10, 2023 (the effective date of Public  | 
| 9 |  |  Act 102-1116) this amendatory Act of the 102nd General  | 
| 10 |  |  Assembly and any assault weapons identified and published  | 
| 11 |  |  by the Illinois State Police pursuant to this subdivision  | 
| 12 |  |  (3). No later than October 1, 2023, and every October 1  | 
| 13 |  |  thereafter, the Illinois State Police shall, via  | 
| 14 |  |  rulemaking, identify, publish, and make available on its  | 
| 15 |  |  website, the list of assault weapons subject to an  | 
| 16 |  |  endorsement affidavit under this subsection (d). The list  | 
| 17 |  |  shall identify, but is not limited to, the copies,  | 
| 18 |  |  duplicates, variants, and altered facsimiles of the  | 
| 19 |  |  assault weapons identified in paragraphs (J), (K), and (L)  | 
| 20 |  |  of subdivision (1) of subsection (a) of this Section and  | 
| 21 |  |  shall be consistent with the definition of "assault  | 
| 22 |  |  weapon" identified in this Section. The Illinois State  | 
| 23 |  |  Police may adopt emergency rulemaking in accordance with  | 
| 24 |  |  Section 5-45 of the Illinois Administrative Procedure Act.  | 
| 25 |  |  The adoption of emergency rules authorized by Section 5-45  | 
| 26 |  |  of the Illinois Administrative Procedure Act and this  | 
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| 1 |  |  paragraph is deemed to be necessary for the public  | 
| 2 |  |  interest, safety, and welfare. | 
| 3 |  |  The affidavit form shall include the following statement  | 
| 4 |  | printed in bold type: "Warning: Entering false information on  | 
| 5 |  | this form is punishable as perjury under Section 32-2 of the  | 
| 6 |  | Criminal Code of 2012. Entering false information on this form  | 
| 7 |  | is a violation of the Firearm Owners Identification Card Act." | 
| 8 |  |  In any administrative, civil, or criminal proceeding in  | 
| 9 |  | this State, a completed endorsement affidavit submitted to the  | 
| 10 |  | Illinois State Police by a person under this Section creates a  | 
| 11 |  | rebuttable presumption that the person is entitled to possess  | 
| 12 |  | and transport the assault weapon, assault weapon attachment,  | 
| 13 |  | .50 caliber rifle, or .50 caliber cartridge.  | 
| 14 |  |  Beginning 90 days after January 10, 2023 (the effective  | 
| 15 |  | date of Public Act 102-1116) this amendatory Act of the 102nd  | 
| 16 |  | General Assembly, a person authorized under this Section to  | 
| 17 |  | possess an assault weapon, assault weapon attachment, .50  | 
| 18 |  | caliber rifle, or .50 caliber cartridge shall possess such  | 
| 19 |  | items only:  | 
| 20 |  |   (1) on private property owned or immediately  | 
| 21 |  |  controlled by the person; | 
| 22 |  |   (2) on private property that is not open to the public  | 
| 23 |  |  with the express permission of the person who owns or  | 
| 24 |  |  immediately controls such property; | 
| 25 |  |   (3) while on the premises of a licensed firearms  | 
| 26 |  |  dealer or gunsmith for the purpose of lawful repair; | 
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| 1 |  |   (4) while engaged in the legal use of the assault  | 
| 2 |  |  weapon, assault weapon attachment, .50 caliber rifle, or  | 
| 3 |  |  .50 caliber cartridge at a properly licensed firing range  | 
| 4 |  |  or sport shooting competition venue; or | 
| 5 |  |   (5) while traveling to or from these locations,  | 
| 6 |  |  provided that the assault weapon, assault weapon  | 
| 7 |  |  attachment, or .50 caliber rifle is unloaded and the  | 
| 8 |  |  assault weapon, assault weapon attachment, .50 caliber  | 
| 9 |  |  rifle, or .50 caliber cartridge is enclosed in a case,  | 
| 10 |  |  firearm carrying box, shipping box, or other container.  | 
| 11 |  |  Beginning on January 1, 2024, the person with the  | 
| 12 |  | endorsement for an assault weapon, assault weapon attachment,  | 
| 13 |  | .50 caliber rifle, or .50 caliber cartridge or a person  | 
| 14 |  | authorized under subdivisions (1) through (5) of subsection  | 
| 15 |  | (e) to possess an assault weapon, assault weapon attachment,  | 
| 16 |  | .50 caliber rifle, or .50 caliber cartridge may transfer the  | 
| 17 |  | assault weapon, assault weapon attachment, .50 caliber rifle,  | 
| 18 |  | or .50 caliber cartridge only to an heir, an individual  | 
| 19 |  | residing in another state maintaining it in another state, or  | 
| 20 |  | a dealer licensed as a federal firearms dealer under Section  | 
| 21 |  | 923 of the federal Gun Control Act of 1968. Within 10 days  | 
| 22 |  | after transfer of the weapon except to an heir, the person  | 
| 23 |  | shall notify the Illinois State Police of the name and address  | 
| 24 |  | of the transferee and comply with the requirements of  | 
| 25 |  | subsection (b) of Section 3 of the Firearm Owners  | 
| 26 |  | Identification Card Act. The person to whom the weapon or  | 
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| 1 |  | ammunition is transferred shall, within 60 days of the  | 
| 2 |  | transfer, complete an affidavit required under this Section. A  | 
| 3 |  | person to whom the weapon is transferred may transfer it only  | 
| 4 |  | as provided in this subsection. | 
| 5 |  |  Except as provided in subsection (e) and beginning on  | 
| 6 |  | January 1, 2024, any person who moves into this State in  | 
| 7 |  | possession of an assault weapon, assault weapon attachment,  | 
| 8 |  | .50 caliber rifle, or .50 caliber cartridge shall, within 60  | 
| 9 |  | days, apply for a Firearm Owners Identification Card and  | 
| 10 |  | complete an endorsement application as outlined in subsection  | 
| 11 |  | (d). | 
| 12 |  |  Notwithstanding any other law, information contained in  | 
| 13 |  | the endorsement affidavit shall be confidential, is exempt  | 
| 14 |  | from disclosure under the Freedom of Information Act, and  | 
| 15 |  | shall not be disclosed, except to law enforcement agencies  | 
| 16 |  | acting in the performance of their duties.  | 
| 17 |  |  (d-1) Notwithstanding any provision of this Section to the  | 
| 18 |  | contrary, a person who possesses an assault weapon prohibited  | 
| 19 |  | by this Section may transfer the assault weapon to a federally  | 
| 20 |  | licensed firearm dealer under 18 U.S.C. 923 to broker the sale  | 
| 21 |  | of that weapon to an out-of-state purchaser.  | 
| 22 |  |  (e) The provisions of this Section regarding the purchase  | 
| 23 |  | or possession of assault weapons, assault weapon attachments,  | 
| 24 |  | .50 caliber rifles, and .50 cartridges, as well as the  | 
| 25 |  | provisions of this Section that prohibit causing those items  | 
| 26 |  | to be purchased or possessed, do not apply to: | 
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| 1 |  |   (1) Peace officers, as defined in Section 2-13 of this  | 
| 2 |  |  Code. | 
| 3 |  |   (2) Qualified law enforcement officers and qualified  | 
| 4 |  |  retired law enforcement officers as defined in the Law  | 
| 5 |  |  Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B  | 
| 6 |  |  and 926C) and as recognized under Illinois law.  | 
| 7 |  |   (3) Acquisition and possession by a federal, State, or  | 
| 8 |  |  local law enforcement agency for the purpose of equipping  | 
| 9 |  |  the agency's peace officers as defined in paragraph (1) or  | 
| 10 |  |  (2) of this subsection (e).  | 
| 11 |  |   (4) Wardens, superintendents, and keepers of prisons,  | 
| 12 |  |  penitentiaries, jails, and other institutions for the  | 
| 13 |  |  detention of persons accused or convicted of an offense. | 
| 14 |  |   (5) Members of the Armed Services or Reserve Forces of  | 
| 15 |  |  the United States or the Illinois National Guard, while  | 
| 16 |  |  performing their official duties or while traveling to or  | 
| 17 |  |  from their places of duty. | 
| 18 |  |   (6) Any company that employs armed security officers  | 
| 19 |  |  in this State at a nuclear energy, storage, weapons, or  | 
| 20 |  |  development site or facility regulated by the federal  | 
| 21 |  |  Nuclear Regulatory Commission and any person employed as  | 
| 22 |  |  an armed security force member at a nuclear energy,  | 
| 23 |  |  storage, weapons, or development site or facility  | 
| 24 |  |  regulated by the federal Nuclear Regulatory Commission who  | 
| 25 |  |  has completed the background screening and training  | 
| 26 |  |  mandated by the rules and regulations of the federal  | 
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| 1 |  |  Nuclear Regulatory Commission and while performing  | 
| 2 |  |  official duties.  | 
| 3 |  |   (7) Any private security contractor agency licensed  | 
| 4 |  |  under the Private Detective, Private Alarm, Private  | 
| 5 |  |  Security, Fingerprint Vendor, and Locksmith Act of 2004  | 
| 6 |  |  that employs private security contractors and any private  | 
| 7 |  |  security contractor who is licensed and has been issued a  | 
| 8 |  |  firearm control card under the Private Detective, Private  | 
| 9 |  |  Alarm, Private Security, Fingerprint Vendor, and Locksmith  | 
| 10 |  |  Act of 2004 while performing official duties.  | 
| 11 |  |  The provisions of this Section do not apply to the  | 
| 12 |  | manufacture, delivery, sale, import, purchase, or possession  | 
| 13 |  | of an assault weapon, assault weapon attachment, .50 caliber  | 
| 14 |  | rifle, or .50 caliber cartridge or causing the manufacture,  | 
| 15 |  | delivery, sale, importation, purchase, or possession of those  | 
| 16 |  | items: | 
| 17 |  |   (A) for sale or transfer to persons authorized under  | 
| 18 |  |  subdivisions (1) through (7) of this subsection (e) to  | 
| 19 |  |  possess those items; | 
| 20 |  |   (B) for sale or transfer to the United States or any  | 
| 21 |  |  department or agency thereof; or | 
| 22 |  |   (C) for sale or transfer in another state or for  | 
| 23 |  |  export. | 
| 24 |  |  This Section does not apply to or affect any of the  | 
| 25 |  | following:  | 
| 26 |  |   (i) Possession of any firearm if that firearm is  | 
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| 1 |  |  sanctioned by the International Olympic Committee and by  | 
| 2 |  |  USA Shooting, the national governing body for  | 
| 3 |  |  international shooting competition in the United States,  | 
| 4 |  |  but only when the firearm is in the actual possession of an  | 
| 5 |  |  Olympic target shooting competitor or target shooting  | 
| 6 |  |  coach for the purpose of storage, transporting to and from  | 
| 7 |  |  Olympic target shooting practice or events if the firearm  | 
| 8 |  |  is broken down in a nonfunctioning state, is not  | 
| 9 |  |  immediately accessible, or is unloaded and enclosed in a  | 
| 10 |  |  firearm case, carrying box, shipping box, or other similar  | 
| 11 |  |  portable container designed for the safe transportation of  | 
| 12 |  |  firearms, and when the Olympic target shooting competitor  | 
| 13 |  |  or target shooting coach is engaging in those practices or  | 
| 14 |  |  events. For the purposes of this paragraph (8), "firearm"  | 
| 15 |  |  has the meaning provided in Section 1.1 of the Firearm  | 
| 16 |  |  Owners Identification Card Act. | 
| 17 |  |   (ii) Any nonresident who transports, within 24 hours,  | 
| 18 |  |  a weapon for any lawful purpose from any place where the  | 
| 19 |  |  nonresident may lawfully possess and carry that weapon to  | 
| 20 |  |  any other place where the nonresident may lawfully possess  | 
| 21 |  |  and carry that weapon if, during the transportation, the  | 
| 22 |  |  weapon is unloaded, and neither the weapon nor any  | 
| 23 |  |  ammunition being transported is readily accessible or is  | 
| 24 |  |  directly accessible from the passenger compartment of the  | 
| 25 |  |  transporting vehicle. In the case of a vehicle without a  | 
| 26 |  |  compartment separate from the driver's compartment, the  | 
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| 1 |  |  weapon or ammunition shall be contained in a locked  | 
| 2 |  |  container other than the glove compartment or console.  | 
| 3 |  |   (iii) Possession of a weapon at an event taking place  | 
| 4 |  |  at the World Shooting and Recreational Complex at Sparta,  | 
| 5 |  |  only while engaged in the legal use of the weapon, or while  | 
| 6 |  |  traveling to or from that location if the weapon is broken  | 
| 7 |  |  down in a nonfunctioning state, is not immediately  | 
| 8 |  |  accessible, or is unloaded and enclosed in a firearm case,  | 
| 9 |  |  carrying box, shipping box, or other similar portable  | 
| 10 |  |  container designed for the safe transportation of  | 
| 11 |  |  firearms.  | 
| 12 |  |   (iv) Possession of a weapon only for hunting use  | 
| 13 |  |  expressly permitted under the Wildlife Code, or while  | 
| 14 |  |  traveling to or from a location authorized for this  | 
| 15 |  |  hunting use under the Wildlife Code if the weapon is  | 
| 16 |  |  broken down in a nonfunctioning state, is not immediately  | 
| 17 |  |  accessible, or is unloaded and enclosed in a firearm case,  | 
| 18 |  |  carrying box, shipping box, or other similar portable  | 
| 19 |  |  container designed for the safe transportation of  | 
| 20 |  |  firearms. By October 1, 2023, the Illinois State Police,  | 
| 21 |  |  in consultation with the Department of Natural Resources,  | 
| 22 |  |  shall adopt rules concerning the list of applicable  | 
| 23 |  |  weapons approved under this subparagraph (iv). The  | 
| 24 |  |  Illinois State Police may adopt emergency rules in  | 
| 25 |  |  accordance with Section 5-45 of the Illinois  | 
| 26 |  |  Administrative Procedure Act. The adoption of emergency  | 
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| 1 |  |  rules authorized by Section 5-45 of the Illinois  | 
| 2 |  |  Administrative Procedure Act and this paragraph is deemed  | 
| 3 |  |  to be necessary for the public interest, safety, and  | 
| 4 |  |  welfare.  | 
| 5 |  |   (v) The manufacture, transportation, possession, sale,  | 
| 6 |  |  or rental of blank-firing assault weapons and .50 caliber  | 
| 7 |  |  rifles, or the weapon's respective attachments, to persons  | 
| 8 |  |  authorized or permitted, or both authorized and permitted,  | 
| 9 |  |  to acquire and possess these weapons or attachments for  | 
| 10 |  |  the purpose of rental for use solely as props for a motion  | 
| 11 |  |  picture, television, or video production or entertainment  | 
| 12 |  |  event.  | 
| 13 |  |  Any person not subject to this Section may submit an  | 
| 14 |  | endorsement affidavit if the person chooses.  | 
| 15 |  |  (f) Any sale or transfer with a background check initiated  | 
| 16 |  | to the Illinois State Police on or before January 10, 2023 (the  | 
| 17 |  | effective date of Public Act 102-1116) this amendatory Act of  | 
| 18 |  | the 102nd General Assembly is allowed to be completed after  | 
| 19 |  | January 10, 2023 the effective date of this amendatory Act  | 
| 20 |  | once an approval is issued by the Illinois State Police and any  | 
| 21 |  | applicable waiting period under Section 24-3 has expired. | 
| 22 |  |  (g) The Illinois State Police shall take all steps  | 
| 23 |  | necessary to carry out the requirements of this Section within  | 
| 24 |  | by October 1, 2023.  | 
| 25 |  |  (h) The Illinois Department of the State Police shall also  | 
| 26 |  | develop and implement a public notice and public outreach  |