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Sen. Antonio Munoz

Filed: 3/5/2007






09500SB0016sam001 LRB095 04801 RLC 32764 a



1 AMENDMENT TO SENATE BILL 16

2 AMENDMENT NO. ______. Amend Senate Bill 16 by replacing
3 everything after the enacting clause with the following:

4 "Section 5. The Criminal Code of 1961 is amended by adding
5 Sections 24-1.8 and 24-1.9 as follows:

6 (720 ILCS 5/24-1.8 new)
7 Sec. 24-1.8. Manufacture, possession, delivery, sale, and
8 purchase of semi-automatic assault weapons, assault weapon
9 attachments, .50 caliber rifles, and .50 caliber cartridges.
10 (a) Definitions. In this Section:
11 (1) "Semi-automatic assault weapon" means:
12 (A) any of the firearms or types, replicas, or
13 duplicates in any caliber of the firearms, known as:
14 (i) Norinco, Mitchell, and Poly Technologies
15 Avtomat Kalashnikovs (all models);
16 (ii) Action Arms Israeli Military Industries





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1 UZI and Galil;
2 (iii) Beretta AR-70 (SC-70);
3 (iv) Colt AR-15;
4 (v) Fabrique Nationale FN/FAL, FN/LAR, and
5 FNC;
6 (vi) SWD M-10, M-11, M-11/9, and M-12;
7 (vii) Steyr AUG;
8
9 (viii) INTRATEC TEC-9, TEC-DC9, and TEC-22;
10 and
11 (ix) any shotgun which contains its ammunition
12 in a revolving cylinder, such as (but not limited
13 to) the Street Sweeper and Striker 12;
14 (B) a semi-automatic rifle that has an ability to
15 accept a detachable magazine and has any of the
16 following:
17 (i) a folding or telescoping stock;
18 (ii) a pistol grip or thumbhole stock;
19 (iii) a shroud that is attached to, or
20 partially or completely encircles the barrel, and
21 that permits the shooter to hold the firearm with
22 the non-trigger hand without being burned; or
23 (iv) a fixed magazine that has the capacity to
24 accept more than 10 rounds of ammunition;
25 (C) a semi-automatic pistol that has an ability to
26 accept a detachable magazine and has any of the




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1 following:
2 (i) a folding, telescoping, or thumbhole
3 stock;
4 (ii) a shroud that is attached to, or partially
5 or completely encircles the barrel, and that
6 permits the shooter to hold the firearm with the
7 non-trigger hand without being burned;
8 (iii) an ammunition magazine that attaches to
9 the pistol outside of the pistol grip;
10 (iv) a fixed magazine that has the capacity to
11 accept more than 10 rounds of ammunition;
12 (v) a manufactured weight of 50 ounces or more
13 when the pistol is unloaded; or
14 (vi) a semi-automatic version of an automatic
15 firearm;
16 (D) a semi-automatic shotgun that has any of the
17 following:
18 (i) a folding or telescoping stock;
19 (ii) a pistol grip or thumbhole stock;
20 (iii) a fixed magazine capacity in excess of 5
21 rounds; or
22 (iv) an ability to accept a detachable
23 magazine. "Semi-automatic assault weapon" does not
24 include:
25 (A) any firearm that:
26 (i) is manually operated by bolt, pump, lever,




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1 or slide action;
2 (ii) is an "unserviceable firearm" or has been
3 made permanently inoperable; or
4 (iii) is an antique firearm;
5 (B) any air rifle as defined in Section 1 of the
6 Air Rifle Act.
7 (2) "Assault weapon attachment" means any device
8 capable of being attached to a firearm that is specifically
9 designed for making or converting a firearm into any of the
10 firearms listed in paragraph (1) of subsection (a) of this
11 Section.
12 (3) "Antique firearm" has the meaning ascribed to it in
13 18 U.S.C. Section 921 (a)(16).
14 (4) ".50 caliber rifle" means a centerfire rifle
15 capable of firing a .50 caliber cartridge. The term does
16 not include any antique firearm as defined in 18 U.S.C.
17 Section 921 (a)(16), any shotgun including a shotgun that
18 has a rifle barrel, or a muzzle-loader used for "black
19 powder" hunting or battle re-enactments.
20 (5) ".50 caliber cartridge" means a cartridge in .50
21 BMG caliber, either by designation or actual measurement,
22 that is capable of being fired from a centerfire rifle. The
23 term ".50 caliber cartridge" does not include any
24 memorabilia or display item that is filled with a permanent
25 inert substance or that is otherwise permanently altered in
26 a manner that prevents ready modification for use as live




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1 ammunition or shotgun ammunition with a caliber
2 measurement that is equal to or greater than .50 caliber.
3 (b) Except as provided in subsections (c) and (d), 90 days
4 after the effective date of this amendatory Act of the 95th
5 General Assembly, it is unlawful for any person within this
6 State to knowingly manufacture, deliver, sell, purchase, or
7 possess or cause to be manufactured, delivered, sold,
8 purchased, or possessed, a semi-automatic assault weapon, an
9 assault weapon attachment, any .50 caliber rifle, or .50
10 caliber cartridge.
11 (c) This Section does not apply to a person who possessed a
12 weapon or attachment prohibited by subsection (b) before the
13 effective date of this amendatory Act of the 95th General
14 Assembly, provided that the person has provided proof of
15 ownership to the Department of State Police within 90 days
16 after the effective date of this amendatory Act of the 95th
17 General Assembly as required by law. On or after the effective
18 date of this amendatory Act of the 95th General Assembly, such
19 person may transfer such weapon or attachment only to an heir,
20 an individual residing in another state maintaining that weapon
21 in another state, or a dealer licensed as a federal firearms
22 dealer under Section 923 of the federal Gun Control Act of
23 1968.
24 (d) This Section does not apply to or affect any of the
25 following:
26 (1) Peace officers as defined in Section 2-13 of this




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1 Code and retired peace officers not otherwise prohibited
2 from receiving a firearm, in possession of a semi-automatic
3 assault weapon, assault weapon attachment, or .50 caliber
4 rifle transferred to the retired peace officer by his or
5 her law enforcement agency upon retirement.
6 (2) Wardens, superintendents, and keepers of prisons,
7 penitentiaries, jails, and other institutions for the
8 detention of persons accused or convicted of an offense.
9 (3) Members of the Armed Services or Reserve Forces of
10 the United States or the Illinois National Guard, while in
11 the performance of their official duties or while traveling
12 to or from their place of duty.
13 (4) Manufacture, transportation, or sale of weapons,
14 attachments, or ammunition to persons authorized under
15 subdivisions (1) through (3) of this subsection to possess
16 those items.
17 (5) Possession of a semi-automatic assault weapon, an
18 assault weapon attachment, a .50 caliber rifle, or a .50
19 caliber cartridge at events taking place at the World
20 Shooting and Recreational Complex at Sparta, only while
21 engaged in the legal use of the firearm or attachment, or
22 while traveling to or from this location if the items are
23 broken down in a non-functioning state, or are not
24 immediately accessible, or are unloaded and enclosed in a
25 case, firearm carrying box, shipping box, or other
26 container.




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1 (6) Possession of any firearm if that firearm is
2 sanctioned by the International Olympic Committee and by
3 USA Shooting, the national governing body for
4 international shooting competition in the United States,
5 but only when the firearm is in the actual possession of an
6 Olympic target shooting competitor or target shooting
7 coach for the purpose of storage, transporting to and from
8 Olympic target shooting practice or events if the firearm
9 is broken down in a non-functioning state, is not
10 immediately accessible, or is unloaded and enclosed in a
11 case, firearm carrying box, shipping box, or other
12 container, 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 (6), "firearm"
15 is defined in Section 1.1 of the Firearm Owners
16 Identification Card Act.
17 (7) Possession of a semi-automatic assault weapon, an
18 assault weapon attachment, a .50 caliber rifle, or a .50
19 caliber cartridge only for a hunting use expressly
20 permitted under the Wildlife Code, or while traveling to or
21 from a location authorized for such hunting use under the
22 Wildlife Code if the items are broken down in a
23 non-functioning state, or are not immediately accessible,
24 or are unloaded and enclosed in a case, firearm carrying
25 box, shipping box, or other container.
26 (8) Manufacture, transportation, possession, sale, or




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1 rental of blank-firing semi-automatic assault weapons and
2 .50 caliber rifles or the weapons respective attachments to
3 persons authorized or permitted, or both authorized and
4 permitted to acquire and possess such weapons for the
5 purposes of rental for use solely as props for a motion
6 picture, television, or video production or entertainment
7 event.
8 (e) Sentence.
9 (1) A person who knowingly manufactures, delivers,
10 sells, purchases, or possesses or causes to be
11 manufactured, delivered, sold, purchased, or possessed a
12 semi-automatic assault weapon in violation of this Section
13 commits a Class 3 felony for a first violation and a Class
14 2 felony for a second or subsequent violation or for the
15 possession or delivery of 2 or more of these weapons at the
16 same time.
17 (2) A person who knowingly manufactures, delivers,
18 sells, purchases, or possesses or causes to be
19 manufactured, delivered, sold, purchased, or possessed in
20 violation of this Section an assault weapon attachment
21 commits a Class 4 felony for a first violation and a Class
22 3 felony for a second or subsequent violation.
23 (3) A person who knowingly manufactures, delivers,
24 sells, purchases, or possesses or causes to be
25 manufactured, delivered, sold, purchased, or possessed in
26 violation of this Section a .50 caliber rifle commits a




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1 Class 3 felony for a first violation and a Class 2 felony
2 for a second or subsequent violation or for the possession
3 or delivery of 2 or more of these weapons at the same time.
4 (4) A person who knowingly manufactures, delivers,
5 sells, purchases, or possesses or causes to be
6 manufactured, delivered, sold, purchased, or possessed in
7 violation of this Section a .50 caliber cartridge commits a
8 Class A misdemeanor.

9 (720 ILCS 5/24-1.9 new)
10 Sec. 24-1.9. Manufacture, possession, delivery, sale, and
11 purchase of large capacity ammunition feeding devices.
12 (a) As used in this Section:
13 "Large capacity ammunition feeding device" means:
14 (1) a magazine, belt, drum, feed strip, or similar
15 device that has a capacity of, or that can be readily
16 restored or converted to accept, more than 10 rounds of
17 ammunition; or
18 (2) any combination of parts from which a device
19 described in paragraph (1) can be assembled.
20 "Large capacity ammunition feeding device" does not
21 include an attached tubular device designed to accept, and
22 capable of operating only with, .22 caliber rimfire ammunition
23 or any device that has been made permanently inoperable.
24 (b) Except as provided in subsections (c) and (d), it is
25 unlawful for any person within this State, beginning 90 days




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1 after the effective date of this amendatory Act of the 95th
2 General Assembly, to knowingly manufacture, deliver, sell,
3 purchase, or possess or cause to be manufactured, delivered,
4 sold, purchased, or possessed, a large capacity ammunition
5 feeding device.
6 (c) This Section does not apply to a person who possessed a
7 device prohibited by subsection (b) before the effective date
8 of this amendatory Act of the 95th General Assembly, provided
9 that the person has provided proof of ownership to the
10 Department of State Police within 90 days after the effective
11 date of this amendatory Act of the 95th General Assembly as
12 required by law. On or after the effective date of this
13 amendatory Act of the 95th General Assembly, such person may
14 transfer such device only to an heir, an individual residing in
15 another state maintaining that device in another state, or a
16 dealer licensed as a federal firearms dealer under Section 923
17 of the federal Gun Control Act of 1968.
18 (d) This Section does not apply to or affect any of the
19 following:
20 (1) Peace officers as defined in Section 2-13 of this
21 Code and retired peace officers not otherwise prohibited
22 from receiving a firearm, in possession of a large capacity
23 ammunition feeding device transferred to the retired peace
24 officer by his or her law enforcement agency upon
25 retirement.
26 (2) Wardens, superintendents, and keepers of prisons,




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1 penitentiaries, jails, and other institutions for the
2 detention of persons accused or convicted of an offense.
3 (3) Members of the Armed Services or Reserve Forces of
4 the United States or the Illinois National Guard, while in
5 the performance of their official duties or while traveling
6 to or from their place of duty.
7 (4) Manufacture, transportation, or sale of large
8 capacity ammunition feeding devices to persons authorized
9 under subdivisions (1) through (3) of this subsection to
10 possess those items.
11 (5) Possession of a large capacity ammunition feeding
12 device at events taking place at the World Shooting and
13 Recreational Complex at Sparta, only while engaged in the
14 legal use of the device, or while traveling to or from this
15 location if the items are broken down in a non-functioning
16 state, or are not immediately accessible, or are unloaded
17 and enclosed in a case, firearm carrying box, shipping box,
18 or other container.
19 (6) Possession of any large capacity ammunition
20 feeding device if that large capacity ammunition feeding
21 device is sanctioned by the International Olympic
22 Committee and by USA Shooting, the national governing body
23 for international shooting competition in the United
24 States, but only when the large capacity ammunition feeding
25 device is in the actual possession of an Olympic target
26 shooting competitor or target shooting coach for the




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1 purpose of storage, transporting to and from Olympic target
2 shooting practice or events if the device is broken down in
3 a non-functioning state, is not immediately accessible, or
4 is unloaded and enclosed in a case, firearm carrying box,
5 shipping box, or other container, and when the Olympic
6 target shooting competitor or target shooting coach is
7 engaging in those practices or events.
8 (7) Possession of a large capacity ammunition feeding
9 device only for a hunting use expressly permitted under the
10 Wildlife Code, or while traveling to or from a location
11 authorized for such hunting use under the Wildlife Code if
12 the items are broken down in a non-functioning state, or
13 are not immediately accessible, or are unloaded and
14 enclosed in a case, firearm carrying box, shipping box, or
15 other container.
16 (e) Sentence. A person who knowingly manufactures,
17 delivers, sells, purchases, or possesses or causes to be
18 manufactured, delivered, sold, purchased, or possessed in
19 violation of this Section a large capacity ammunition feeding
20 device capable of holding more than 17 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 possession
23 or delivery of 2 or more of these devices at the same time. A
24 person who knowingly manufactures, delivers, sells, purchases,
25 or possesses or causes to be manufactured, delivered, sold,
26 purchased, or possessed in violation of this Section a large




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1 capacity ammunition feeding device capable of holding more than
2 10 rounds but not more than 17 rounds of ammunition commits a
3 Class 4 felony for a first violation and a Class 3 felony for a
4 second or subsequent violation or for possession or delivery of
5 more than one of these devices at the same time.

6 Section 97. Severability. The provisions of this Act are
7 severable under Section 1.31 of the Statute on Statutes.

8 Section 99. Effective date. This Act takes effect upon
9 becoming law.".




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Discussion Starter · #2 ·
This is an example of the crap that goes on in this state. They're going to make felons out of law abiding citizens. Read and learn, and oh ya, welcome to Sparta.
 

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WOW!!! That's an empressive violation of the 2nd Ammendment. Perhaps the authors and contributors should be charged with violation of the 2nd Ammendment of the Constitution which should be a felony with life in prison. Michael and Jane
 

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If that passes, I hope people in Illinois have the balls to defy this tyranny if it passes, just like people did in Commiefornia by refusing to register their guns. It's estimated that there is 80% non-compliance there, leaving a huge number of guns out of reach of the government. Same as in Canada, where the non-compliance was so great the registration scheme failed, and even some rural police were refusing to enforce it.<br>
<br>
The line in the sand is being drawn. How many have the balls to step over it?
 

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It would be nice to get a little help from the NRA. I remember seeing them at Sparta, collecting money, so I think they know where the state of Illinois is at.
 

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If you guys asking, "where is the NRA" belonged to the NRA you would know what they have been doing.............Roger
 

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I have had people sit at the local gun club with gun in hand and bad mouth the NRA and say they would never be a member. When I asked why it was because "the NRA pushes Republican candidates" I explained that the NRA grades the candidates and unfortunatly few Democrats make the grade. I was told that making a living comes first so they had to vote only for Democrats. When I asked then to elaborate on what the Democrats had done to help them make a living no one was able to come up with an answer. I also said that when I was a union worker all the literature that came from the union said to vote straight Democrat, but I still belonged even though I didn't vote for Democrats. Hard to argue with logic like that because they are not smart enough make an intelligent debate but sure heats up the old gun club.
I contend that we all have the right to vote but many have no idea what they are voting for as they only vote for a party.
 

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In fact, there are over 22,000 gun laws on the books. They've run out of ideas, so it's logical that gun prohibition is next.
 

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I just got a "legislative alert" postcard from the NRA yesterday. I have been a voting member of the NRA for a while. I would still like to see a little more action from them here in Illinois. Thank you, Rodbuster.
 
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