AMENDMENT TO SENATE BILL 2899

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1		AMENDMENT TO SENATE BILL 2899
2		AMENDMENT NO. ______. Amend Senate Bill 2899 by replacing
3		everything after the enacting clause with the following:
4		"Section 2. The State Police Act is amended by adding
5		Section 24 as follows:
6		(20 ILCS 2610/24 new)
7		Sec. 24. Assault weapons and large ammunition feeding
8		device registration eligibility verification system vendor
9		contract.
10		(a) For the purposes of this Section, "Department" means
11		the Department of State Police.
12		(b) Because of the urgent need to protect the public safety
13		from firearm violence, the Department shall enter into a
14		contract or contracts with one or more third-party entities to
15		provide the services as set forth in subsection (c) of this
16		Section. Any of these procurements by the Department to perform

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1		functions related to this Section shall be deemed to be
2		emergency procurements necessary to prevent or minimize
3		serious disruption in critical State services that affect
4		public safety. The procurement of this contract or contracts
5		shall be conducted in accordance with the emergency purchase
6		provisions prescribed in Section 20-30 of the Illinois
7		Procurement Code. However, the term of these emergency
8		contracts shall not be limited to 90 days but may be for an
9		initial term of up to 2 years. In addition, any emergency
10		contracts may be subject to 2 one-year renewals. In procuring
11		any emergency contract or contracts, (i) the State Procurement
12		Officer at the request of the Agency Procurement Officer for
13		the Department shall cause to be posted to the Illinois
14		Procurement Bulletin the Department's intent to procure, a
15		description of the anticipated contract objectives, and the
16		duties and responsibilities of any third-party entity; (ii) the
17		Department may invite an interested third-party entity or
18		entities to one or more meetings to discuss the procurement,
19		the contents thereof, and the scope of the procurement, and to
20		answer questions; (iii) the interested third-party entity or
21		entities shall be invited to submit their solutions in writing;
22		(iv) the Department shall select the third-party entity or
23		entities whose solutions best fit the Department's needs and
24		shall enter into negotiations with one or more to settle on
25		final duties and responsibilities and the price for the final
26		contract or contracts; and (v) the Department may cause any

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1		award to be posted to the Illinois Procurement Bulletin. The
2		provisions prescribed in paragraph (1) of subsection (e) of
3		Section 50-10.5 of the Illinois Procurement Code and prescribed
4		in Section 50-39 of the Illinois Procurement Code do not apply
5		to any emergency purchases procured under this Section or under
6		Section 20-30 of the Illinois Procurement Code. Participation
7		by any third-party entity in the procurement activities
8		authorized under this Section shall not constitute
9		pre-solicitation assistance under paragraph (2) of subsection
10		(e) of Section 50-10.5 of the Illinois Procurement Code or
11		under the Illinois Administrative Code. Notwithstanding any
12		other provision of the Illinois Procurement Code to the
13		contrary, any amendments to any contract or contracts that the
14		Department determines are necessary to implement this Section
15		shall be deemed to be within the scope of the emergency
16		purchases allowed under this Section and under Section 20-30 of
17		the Illinois Procurement Code, and shall not be deemed a
18		material amendment for which a new procurement is required.
19		(c) No later than 60 days after the effective date of this
20		amendatory Act of the 97th General Assembly, the Agency
21		Procurement Officer for the Department shall conduct and
22		complete any procurement necessary to procure a vendor to
23		create, implement, and administer a registration eligibility
24		verification system for semi-automatic assault weapons,
25		assault weapon attachments, .50 caliber rifles, .50 caliber
26		cartridges, and large capacity ammunition feeding devices as

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1		provided in Sections 24-1.9 and 24-1.10 of the Criminal Code of
2		2012 and as required by the Department. The registration
3		eligibility verification system must ensure the firearms and
4		devices are registered to persons with valid Firearm Owner's
5		Identification cards whom may lawfully possess the weapons or
6		devices. Notwithstanding any other provision of the Illinois
7		Procurement Code to the contrary:
8		(1) The procurement may include procurement of a vendor
9		to assist the Agency Procurement Officer in conducting the
10		procurement.
11		(2) The Chief Procurement Officer for General Services
12		shall cooperate with and provide any assistance necessary
13		and requested by the Department's Agency Procurement
14		Officer to conduct the procurement.
15		(3) The Agency Procurement Officer for the Department
16		shall negotiate final contract terms with a vendor selected
17		by the Department and within 30 days of selection of an
18		registration eligibility verification vendor, the
19		Department shall enter into a contract with the selected
20		vendor.
21		(d) The Department of State Police shall adopt any rules
22		necessary to implement this Section.
23		Section 5. The Criminal Code of 2012 is amended by adding
24		Sections 24-1.9, 24-1.10, and 24-4.1 as follows:

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1		(720 ILCS 5/24-1.9 new)
2		Sec. 24-1.9. Possession, delivery, sale, and purchase of
3		semi-automatic assault weapons, assault weapon attachments,
4		.50 caliber rifles, and .50 caliber cartridges.
5		(a) Definitions. In this Section:
6		(1) "Semi-automatic assault weapon" means:
7		(A) any of the firearms or types, replicas, or
8		duplicates in any caliber of the firearms, known as:
9		(i) Norinco, Mitchell, and Poly Technologies
10		Avtomat Kalashnikovs (all models);
11		(ii) Action Arms Israeli Military Industries
12		UZI and Galil;
13		(iii) Beretta AR-70 (SC-70);
14		(iv) Colt AR-15;
15		(v) Fabrique Nationale FN/FAL, FN/LAR, and
16		FNC;
17		(vi) SWD M-10, M-11, M-11/9, and M-12;
18		(vii) Steyr AUG;
19		(viii) INTRATEC TEC-9, TEC-DC9, and TEC-22;
20		and
21		(ix) any shotgun which contains its ammunition
22		in a revolving cylinder, such as (but not limited
23		to) the Street Sweeper and Striker 12;
24		(B) a semi-automatic rifle or pump-action rifle
25		that has an ability to accept a detachable magazine and
26		has any of the following:

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1		(i) a folding or telescoping stock;
2		(ii) a pistol grip or thumbhole stock;
3		(iii) a shroud that is attached to, or
4		partially or completely encircles the barrel, and
5		that permits the shooter to hold the firearm with
6		the non-trigger hand without being burned;
7		(C) a semi-automatic pistol that has an ability to
8		accept a detachable magazine and has any of the
9		following:
10		(i) a folding, telescoping, or thumbhole
11		stock;
12		(ii) a shroud that is attached to, or partially
13		or completely encircles the barrel, and that
14		permits the shooter to hold the firearm with the
15		non-trigger hand without being burned;
16		(iii) an ammunition magazine that attaches to
17		the pistol outside of the pistol grip;
18		(iv) a manufactured weight of 50 ounces or more
19		when the pistol is unloaded; or
20		(v) a semi-automatic version of an automatic
21		firearm;
22		(C-1) a semi-automatic rifle or pistol with a fixed
23		magazine that has the capacity to accept more than 10
24		rounds of ammunition;
25		(C-2) a semi-automatic rifle or a pistol with the
26		capacity to accept a detachable magazine, a muzzle

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1		brake, or muzzle compensator;
2		(D) a semi-automatic shotgun that has any of the
3		following:
4		(i) a folding or telescoping stock;
5		(ii) a pistol grip or thumbhole stock;
6		(iii) a fixed magazine capacity in excess of 5
7		rounds; or
8		(iv) an ability to accept a detachable
9		magazine.
10		"Semi-automatic assault weapon" does not
11		include:
12		(A) any firearm that:
13		(i) is manually operated by bolt, pump, lever,
14		or slide action;
15		(ii) is an "unserviceable firearm" or has been
16		made permanently inoperable; or
17		(iii) is an antique firearm;
18		(B) any air rifle as defined in Section 24.8-0.1 of
19		this Code.
20		For the purposes of this Section, a firearm is considered
21		to have the ability to accept a detachable magazine unless the
22		magazine or ammunition feeding device can only be removed
23		through disassembly of the firearm action.
24		(2) "Assault weapon attachment" means any device
25		capable of being attached to a firearm that is specifically
26		designed for making or converting a firearm into any of the

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1		firearms listed in paragraph (1) of subsection (a) of this
2		Section.
3		(3) "Antique firearm" has the meaning ascribed to it in
4		18 U.S.C. Section 921 (a)(16).
5		(4) ".50 caliber rifle" means a centerfire rifle
6		capable of firing a .50 caliber cartridge. The term does
7		not include any antique firearm as defined in 18 U.S.C.
8		Section 921 (a)(16), any shotgun including a shotgun that
9		has a rifle barrel, or a muzzle-loader used for "black
10		powder" hunting or battle re-enactments.
11		(5) ".50 caliber cartridge" means a cartridge in .50
12		BMG caliber, either by designation or actual measurement,
13		that is capable of being fired from a centerfire rifle. The
14		term ".50 caliber cartridge" does not include any
15		memorabilia or display item that is filled with a permanent
16		inert substance or that is otherwise permanently altered in
17		a manner that prevents ready modification for use as live
18		ammunition or shotgun ammunition with a caliber
19		measurement that is equal to or greater than .50 caliber.
20		(6) "Pistol grip" includes any feature of a rifle,
21		shotgun, or pistol capable of functioning as a protruding
22		grip that can be held by the non-trigger hand.
23		(a-5) The Department of State Police shall take all steps
24		necessary to carry out the requirements of this Section within
25		150 days after the effective date of this amendatory Act of the
26		97th General Assembly.

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1		(b) Except as provided in subsections (c), (c-2), and (d),
2		on or after the effective date of this amendatory Act of the
3		97th General Assembly, it is unlawful for any person within
4		this State to knowingly deliver, sell, or purchase or cause to
5		be delivered, sold, or purchased or cause to be possessed by
6		another, a semi-automatic assault weapon, an assault weapon
7		attachment, any .50 caliber rifle, or .50 caliber cartridge.
8		(b-5) Except as otherwise provided in subsections (c),
9		(c-2), and (d), 240 days after the effective date of this
10		amendatory Act of the 97th General Assembly, it is unlawful for
11		any person within this State to knowingly possess a
12		semi-automatic assault weapon, an assault weapon attachment,
13		any .50 caliber rifle, or .50 caliber cartridge.
14		(c) This Section does not apply to a person who possessed a
15		weapon or attachment prohibited by subsection (b-5) before the
16		effective date of this amendatory Act of the 97th General
17		Assembly, provided that the person has provided in an
18		affidavit, under oath or affirmation and in the form and manner
19		prescribed by the Department of State Police, his or her name,
20		date of birth, Firearm Owners Identification Card Number, and
21		the weapon's or attachment's make, model, caliber, and serial
22		number, on or after 150 days after the effective date of this
23		amendatory Act of the 97th General Assembly but within 240 days
24		after the effective date of this amendatory Act of the 97th
25		General Assembly. The affidavit shall include a statement that
26		the weapon or attachment is owned by the person submitting the

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1		affidavit. Each affidavit form shall include the following
2		statement printed in bold type: "Warning: Entering false
3		information on this form is punishable as perjury under Section
4		32-2 of the Criminal Code of 2012.". Beginning 240 days after
5		the effective date of this amendatory Act of the 97th General
6		Assembly, the person may transfer the weapon or attachment only
7		to an heir, an individual residing in another state maintaining
8		that weapon in another state, or a dealer licensed as a federal
9		firearms dealer under Section 923 of the federal Gun Control
10		Act of 1968. Within 10 days after transfer of the weapon or
11		attachment, the person shall notify the Department of State
12		Police of the name and address of the transferee and comply
13		with the requirements of subsection (b) of Section 3 of the
14		Firearm Owners Identification Card Act. The person to whom the
15		weapon or attachment is transferred shall, within 60 days of
16		the transfer, complete an affidavit and pay the required
17		registration fee as set forth in this Section. A person to whom
18		the weapon or attachment is transferred may transfer the weapon
19		or attachment only as provided in this subsection.
20		(c-2) This Section does not apply to a peace officer who
21		has retired in good standing from a law enforcement agency of
22		this State and who possesses a weapon or attachment prohibited
23		by subsection (b-5), if the weapon or attachment was lawfully
24		possessed and acquired by the peace officer prior to retirement
25		and the retired peace officer within 10 days of retirement
26		registers the weapon or attachment with the Department of State

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1		Police and pays the required registration fee as provided in
2		this Section. The retired peace officer shall comply with the
3		transfer and notification requirements provided in subsection
4		(c).
5		(c-5) For the purpose of registration required under
6		subsections (c) and (c-2), the Department of State Police shall
7		charge a registration fee of $10 per person to the owner of a
8		semi-automatic assault weapon and $15 per person to the owner
9		of a .50 caliber rifle. The fees shall be deposited into the
10		LEADS Maintenance Fund.
11		(d) This Section does not apply to or affect any of the
12		following:
13		(1) Peace officers as defined in Section 2-13 of this
14		Code.
15		(2) Wardens, superintendents, and keepers of prisons,
16		penitentiaries, jails, and other institutions for the
17		detention of persons accused or convicted of an offense.
18		(3) Members of the Armed Services or Reserve Forces of
19		the United States or the Illinois National Guard, while in
20		the performance of their official duties or while traveling
21		to or from their place of duty.
22		(4) Manufacture, transportation, or sale of weapons,
23		attachments, or ammunition to persons authorized under
24		subdivisions (1) through (3) of this subsection to possess
25		those items.
26		(5) Manufacture, transportation, or sale of weapons,

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1		attachments, or ammunition for sale or transfer in another
2		state.
3		(6) Possession of any firearm if that firearm is
4		sanctioned by the International Olympic Committee and by
5		USA Shooting, the national governing body for
6		international shooting competition in the United States,
7		but only when the firearm is in the actual possession of an
8		Olympic target shooting competitor or target shooting
9		coach for the purpose of storage, transporting to and from
10		Olympic target shooting practice or events if the firearm
11		is broken down in a non-functioning state, is not
12		immediately accessible, or is unloaded and enclosed in a
13		case, firearm carrying box, shipping box, or other
14		container, and when the Olympic target shooting competitor
15		or target shooting coach is engaging in those practices or
16		events. For the purposes of this paragraph (6), "firearm"
17		is defined in Section 1.1 of the Firearm Owners
18		Identification Card Act.
19		(7) Any non-resident who transports, within 24 hours, a
20		semi-automatic assault weapon for any lawful purpose from
21		any place where he or she may lawfully possess and carry
22		that weapon to any other place where he or she may lawfully
23		possess and carry that weapon if, during the transportation
24		the weapon is unloaded, and neither the weapon nor any
25		ammunition being transported is readily accessible or is
26		directly accessible from the passenger compartment of the

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1		transporting vehicle. Provided that, in the case of a
2		vehicle without a compartment separate from the driver's
3		compartment the weapon or ammunition shall be contained in
4		a locked container other than the glove compartment or
5		console.
6		(e) Sentence.
7		(1) A person who knowingly delivers, sells, purchases,
8		or possesses or causes to be delivered, sold, purchased, or
9		possessed a semi-automatic assault weapon in violation of
10		this Section commits a Class 3 felony for a first violation
11		and a Class 2 felony for a second or subsequent violation
12		or for the possession or delivery of 2 or more of these
13		weapons at the same time.
14		(2) A person who knowingly delivers, sells, purchases,
15		or possesses or causes to be delivered, sold, purchased, or
16		possessed in violation of this Section an assault weapon
17		attachment commits a Class 4 felony for a first violation
18		and a Class 3 felony for a second or subsequent violation.
19		(3) A person who knowingly delivers, sells, purchases,
20		or possesses or causes to be delivered, sold, purchased, or
21		possessed in violation of this Section a .50 caliber rifle
22		commits a Class 3 felony for a first violation and a Class
23		2 felony for a second or subsequent violation or for the
24		possession or delivery of 2 or more of these weapons at the
25		same time.
26		(4) A person who knowingly delivers, sells, purchases,

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1		or possesses or causes to be delivered, sold, purchased, or
2		possessed in violation of this Section a .50 caliber
3		cartridge commits a Class A misdemeanor.
4		(5) Any other violation of this Section is a Class A
5		misdemeanor.
6		(720 ILCS 5/24-1.10 new)
7		Sec. 24-1.10. Possession, delivery, sale, and purchase of
8		large capacity ammunition feeding devices.
9		(a) As used in this Section:
10		"Large capacity ammunition feeding device" means:
11		(1) a magazine, belt, drum, feed strip, or similar
12		device that has a capacity of, or that can be readily
13		restored or converted to accept, more than 10 rounds of
14		ammunition; or
15		(2) any combination of parts from which a device
16		described in paragraph (1) can be assembled.
17		"Large capacity ammunition feeding device" does not
18		include an attached tubular device designed to accept, and
19		capable of operating only with, .22 caliber rimfire ammunition.
20		"Large capacity ammunition feeding device" does not include a
21		tubular magazine that is contained in a lever-action firearm or
22		any device that has been made permanently inoperable.
23		(a-5) The Department of State Police shall take all steps
24		necessary to carry out the requirements of this Section within
25		150 days after the effective date of this amendatory Act of the

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1		97th General Assembly.
2		(b) Except as provided in subsections (c), (c-2), and (d),
3		on or after the effective date of this amendatory Act of the
4		97th General Assembly, it is unlawful for any person within
5		this State to knowingly deliver, sell, or purchase or cause to
6		be delivered, sold, or purchased or cause to be possessed by
7		another, a large capacity ammunition feeding device.
8		(b-5) Except as otherwise provided in subsections (c),
9		(c-2), and (d), 240 days after the effective date of this
10		amendatory Act of the 97th General Assembly, it is unlawful for
11		any person within this State to knowingly possess a large
12		capacity ammunition feeding device.
13		(c) This Section does not apply to a person who possessed a
14		device prohibited by subsection (b-5) before the effective date
15		of this amendatory Act of the 97th General Assembly, provided
16		that the person has provided in an affidavit, under oath or
17		affirmation and in the form and manner prescribed by the
18		Department of State Police, his or her name, date of birth,
19		Firearm Owners Identification Card Number, and the device's
20		make, model, caliber, and serial number, on or after 150 days
21		after the effective date of this amendatory Act of the 97th
22		General Assembly but within 240 days after the effective date
23		of this amendatory Act of the 97th General Assembly. The
24		affidavit shall include a statement that the device is owned by
25		the person submitting the affidavit. Each affidavit form shall
26		include the following statement printed in bold type: "Warning:

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1		Entering false information on this form is punishable as
2		perjury under Section 32-2 of the Criminal Code of 2012.".
3		Beginning 240 days after the effective date of this amendatory
4		Act of the 97th General Assembly, the person may transfer the
5		device only to an heir, an individual residing in another state
6		maintaining that device in another state, or a dealer licensed
7		as a federal firearms dealer under Section 923 of the federal
8		Gun Control Act of 1968. Within 10 days after transfer of the
9		device, the person shall notify the Department of State Police
10		of the name and address of the transferee and comply with the
11		requirements of subsection (b) of Section 3 of the Firearm
12		Owners Identification Card Act. The person to whom the device
13		is transferred shall, within 60 days of the transfer, complete
14		an affidavit and pay the required registration fee as set forth
15		in this Section. A person to whom the device is transferred may
16		transfer the device only as provided in this subsection.
17		(c-2) This Section does not apply to a peace officer who
18		has retired in good standing from a law enforcement agency of
19		this State and who possesses a device prohibited by subsection
20		(b-5), if the device was lawfully possessed and acquired by the
21		peace officer prior to retirement and the retired peace officer
22		within 10 days of retirement registers the device with the
23		Department of State Police and pays the required registration
24		fee as provided in this Section. The retired peace officer
25		shall comply with the transfer and notification requirements
26		provided in subsection (c).

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1		(c-5) For the purpose of registration required under
2		subsections (c) and (c-2), the Department of State Police shall
3		charge a registration fee of $5 for each large capacity
4		ammunition feeding device. The fees shall be deposited into the
5		LEADS Maintenance Fund.
6		(d) This Section does not apply to or affect any of the
7		following:
8		(1) Peace officers as defined in Section 2-13 of this
9		Code.
10		(2) Wardens, superintendents, and keepers of prisons,
11		penitentiaries, jails, and other institutions for the
12		detention of persons accused or convicted of an offense.
13		(3) Members of the Armed Services or Reserve Forces of
14		the United States or the Illinois National Guard, while in
15		the performance of their official duties or while traveling
16		to or from their place of duty.
17		(4) Manufacture, transportation, or sale of large
18		capacity ammunition feeding devices to persons authorized
19		under subdivisions (1) through (3) of this subsection to
20		possess those items.
21		(5) Manufacture, transportation, or sale of large
22		capacity ammunition feeding devices for sale or transfer in
23		another state.
24		(6) Possession of any large capacity ammunition
25		feeding device if that large capacity ammunition feeding
26		device is sanctioned by the International Olympic

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1		Committee and by USA Shooting, the national governing body
2		for international shooting competition in the United
3		States, but only when the large capacity ammunition feeding
4		device is in the actual possession of an Olympic target
5		shooting competitor or target shooting coach for the
6		purpose of storage, transporting to and from Olympic target
7		shooting practice or events if the device is broken down in
8		a non-functioning state, is not immediately accessible, or
9		is unloaded and enclosed in a case, firearm carrying box,
10		shipping box, or other container, and when the Olympic
11		target shooting competitor or target shooting coach is
12		engaging in those practices or events.
13		(7) Any non-resident who transports, within 24 hours, a
14		large capacity ammunition feeding device for any lawful
15		purpose from any place where he or she may lawfully possess
16		and carry that device to any other place where he or she
17		may lawfully possess and carry that device if, during the
18		transportation the device is unattached to a firearm, and
19		the device is not readily accessible nor 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 device shall be contained in a locked
24		container other than the glove compartment or console.
25		(e) Sentence. A person who knowingly delivers, sells,
26		purchases, or possesses or causes to be delivered, sold,

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1		purchased, or possessed in violation of this Section a large
2		capacity ammunition feeding device capable of holding more than
3		10 rounds of ammunition commits a Class 3 felony for a first
4		violation and a Class 2 felony for a second or subsequent
5		violation or for possession or delivery of 2 or more of these
6		devices at the same time. Any other violation of this Section
7		is a Class A misdemeanor.
8		(720 ILCS 5/24-4.1 new)
9		Sec. 24-4.1. Report of lost or stolen semi-automatic
10		assault weapons, assault weapon attachments, .50 caliber
11		rifles, .50 caliber cartridges, and large capacity ammunition
12		feeding devices.
13		(a) A person who possesses a valid Firearm Owner's
14		Identification Card and who possesses or acquires a
15		semi-automatic assault weapon, assault weapon attachment, .50
16		caliber rifle, .50 caliber cartridge, or large capacity
17		ammunition feeding device and thereafter loses or misplaces the
18		semi-automatic assault weapon, assault weapon attachment, .50
19		caliber rifle, .50 caliber cartridge, or large capacity
20		ammunition feeding device, or the semi-automatic assault
21		weapon, assault weapon attachment, .50 caliber rifle, .50
22		caliber cartridge, or large capacity ammunition feeding device
23		is stolen from the person, the person must report the loss or
24		theft to the local law enforcement agency within 72 hours after
25		obtaining knowledge of the loss or theft.

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1		(b) For the purposes of this Section:
2		"Assault weapon attachment" has the meaning ascribed
3		to it in Section 24-1.9 of this Code.
4		".50 caliber rifle" has the meaning ascribed to it in
5		Section 24-1.9 of this Code.
6		".50 caliber cartridge" has the meaning ascribed to it
7		in Section 24-1.9 of this Code.
8		"Large capacity ammunition feeding device" has the
9		meaning ascribed to it in Section 24-1.10 of this Code.
10		"Semi-automatic assault weapon" has the meaning
11		ascribed to it in Section 24-1.9 of this Code.
12		(c) Sentence. A person who violates this Section is guilty
13		of a petty offense for a first violation. A second or
14		subsequent violation of this Section is a Class A misdemeanor.
15		Section 97. Severability. The provisions of this Act are
16		severable under Section 1.31 of the Statute on Statutes.
17		Section 99. Effective date. This Act takes effect upon
18		becoming law.".