Attention Illinois Gun Owners and all who believe in the 2nd Amendment for what it was intended for. The Governor has played a hand that you should be aware of.
He has added an Amendatory Veto Message to SB0681 attempting an all out "Assault Weapons Ban" You really need to read this.
July 31, 2012
To the Honorable Members of the Illinois Senate
97th General Assembly
Pursuant to my constitutional powers as Governor of the
State of Illinois, I hereby return Senate Bill 681 with specific
recommendations for change. In doing so, I propose to ban assault weapons
and high-capacity ammunition magazines in our state.
As Governor, it is my foremost duty to protect the citizens
of Illinois, especially our children, from deadly violence.
I am a strong supporter of the Second Amendment of the
United States Constitution– the right to bear arms.
However, the proliferation of military-style assault
weapons and high-capacity ammunition magazines undermines public safety and the
right of personal security of every citizen.
Right now, anyone with a FOID card in Illinois is permitted
by law to purchase an assault weapon. Illinois also does not impose any
restrictions on the purchase or possession of high-capacity ammunition
magazines, which automatically feed ammunition into a firearm chamber
to allow the user to fire repeatedly without reloading.
Banning assault weapons and high-capacity ammunition
magazines will make Illinois a safer place to live.
Other states including California, Connecticut,
Massachusetts, New Jersey and New York all have such bans in place. The
ban would not pertain to law enforcement officials or members of the military.
There is no place in the State of Illinois for weapons
designed to rapidly fire at human targets at close range.
My action today gives the members of the General Assembly an immediate
opportunity to protect the people of Illinois by banning assault weapons and
high-capacity ammunition magazines.
Therefore, pursuant to Article IV, Section 9(e) of the Illinois
Constitution of 1970, I hereby return Senate Bill 681, entitled “AN ACT
concerning regulation.”, with the following specific recommendations for
change:
By replacing everything after the
enacting clause with the following:
“Section 5. The Criminal Code of 1961 is amended by
adding Sections 24-1.9 and 24-1.10 as follows:
(720
ILCS 5/24-1.9 new)
Sec. 24-1.9. Manufacture, possession, delivery, sale
and purchase of semi-automatic assault weapons, assault weapon attachments, .50
caliber rifles, and .50 caliber cartridges.
(a)
Definitions.
In this Section:
(1)
“Semi-automatic
assault weapon” means:
A. Any of the firearms or types,
replicas, or duplicates in any caliber of the firearms, known as:
i.
Norinco,
Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models);
ii.
Action Arms
Israeli Military Industries UZI and Galil;
iii.
Beretta
AR-70 (SC-70);
iv.
Colt AR-15;
v.
Fabrique
Nationale FN/FAL, FN/LAR, and FNC;
vi.
SWD M-10,
M-11, M-11/9, and M-12;
vii.
Steyr AUG;
viii.
INTRATEC
TEC-9, TEC-DC9, and TEC-22; and
ix.
Any shotgun
which contains its ammunition in a revolving cylinder, such as (but not limited
to) the Street Sweeper and Striker 12;
B. A semi-automatic rifle that has an
ability to accept a detachable magazine and has any of the following:
i.
A folding or
telescoping stock;
ii.
A pistol
grip or thumbhole stock;
iii.
A shroud
that is attached to, or partially or completely encircles the barrel, and that
permits the shooter to hold the firearm with the non-trigger hand without being
burned; or
iv.
A fixed
magazine that has the capacity to accept more than 10 rounds of ammunition;
C. A semi-automatic pistol that has an
ability to accept a detachable magazine and has any of the following:
i.
A folding,
telescoping, or thumbhole stock;
ii.
A shroud
that is attached to or partially or completely encircles the barrel, and that
permits the shooter to hold the firearm with the non-trigger hand without being
burned;
iii.
An
ammunition magazine that attaches to the pistol outside the pistol grip;
iv.
A fixed
magazine that has the capacity to accept more than 10 rounds of ammunition;
v.
A
manufactured weight of 50 ounces or more when the pistol is unloaded; or
vi.
A
semi-automatic version of an automatic firearm;
D. A semi-automatic shotgun that has
any of the following:
i.
A folding or
telescoping stock;
ii.
A pistol
grip or thumbhole stock;
iii.
A fixed
magazine capacity in excess of 5 rounds; or
iv.
An ability
to accept a detachable magazine.
“Semi-automatic assault weapon”
does not include:
A. Any firearm that:
i.
Is manually
operated by bolt, pump, lever, or slide action;
ii.
Is an
“unserviceable firearm” or has been made permanently inoperable; or
iii.
Is an antique
firearm;
B. Any air rifle as defined in Section
1 of the Air Rifle Act.
(2)
“Assault
weapon attachment” means any device capable of being attached to a firearm that
is specifically designed for making or converting a firearm into any of the
firearms listed in paragraph (1) of subsection (a) of this Section.
(3)
“Antique
firearm” has the meaning ascribed to it in 18 U.S.C. Section 921 (a)(16).
(4)
“.50 caliber
rifle” means a centerfire rifle capable of firing a .50 caliber cartridge. The
term does not include any antique firearm as defined in 18 U.S.C. Section 921
(a)(16), any shotgun including a shotgun that has a rifle barrel, or a
muzzle-loader used for “black powder” hunting or battle re-enactments.
(5)
“.50 caliber
cartridge” means a cartridge in .50 BMG caliber, either by designation or
actual measurement, that is capable of being fired from a centerfire rifle.
The term “.50 caliber cartridge” does not include any memorabilia or display
item that is filled with a permanent inert substance or that is otherwise
permanently altered in a manner that prevents ready modification for use as
live ammunition or shotgun ammunition with a caliber measurement that is equal
to or greater than .50 caliber.
(b)
Except as
provided in subsections (c) and (d), 90 days after the effective date of this
amendatory Act of the 97th General Assembly, it is unlawful for any
person within this State to knowingly manufacture, deliver, sell, purchase, or
possess or cause to be manufactured, delivered, sold, purchased, or possessed,
a semi-automatic assault weapon, an assault weapon attachment, any .50 caliber
rifle, or .50 caliber cartridge.
(c)
This Section
does not apply to a person who possessed a weapon or attachment prohibited by
subsection (b) before the effective date of this amendatory Act of the 97th
General Assembly, provided that the person has provided proof of ownership to
the Department of State Police within 90 days after the effective date of this
amendatory At of the 97th General Assembly as required by law. On
or after the effective date of this amendatory Act of the 97th
General Assembly, such person may transfer such weapon or attachment only to an
heir, an individual residing in another state maintaining that weapon in
another state, or a dealer licensed as a federal firearms dealer under Section
923 of the federal Gun Control Act of 1968.
(d)
This Section
does not apply to or affect any of the following:
(1)
Peace
officers as defined in Section 2-13 of this Code and retired peace officers not
otherwise prohibited from receiving a firearm, in possession of a
semi-automatic assault weapon, assault weapon attachment, or .50 caliber rifle
transferred to the retired peace officer by his or her law enforcement agency
upon retirement.
(2)
Wardens,
superintendents, and keepers of prisons, penitentiaries, jails, and other
institutions for the detention of persons accused or convicted of an offense.
(3)
Members of
the Armed Services or Reserve Forces of the United State or the Illinois
National Guard, while in the performance of their official duties or while traveling
to or from their place of duty.
(4)
Manufacture,
transportation, or sale of weapons, attachments, or ammunition to persons
authorized under subdivisions (1) through (3) of this subsection to possess
those items.
(5)
Possession
of a semi-automatic assault weapon, an assault weapon attachment, a .50 caliber
rifle, or a .50 caliber cartridge at events taking place at the World Shooting
and Recreational Complex at Sparta, only while engaged in the legal use of the
firearm or attachment, or while traveling to or from this location if the items
are broken down in a non-functioning state, or are not immediately accessible,
or are unloaded and enclosed in a care, firearm carrying box, shipping box, or
other container.
(6)
Possession
of any firearm if that firearm is sanctioned by the International Olympic
Committee and by USA Shooting, the national governing body for international
shooting competition in the United States, but only when the firearm is in the
actual possession of an Olympic target shooting competitor or target shooting
coach for the purpose of storage, transporting to and from Olympic target
shooting practice or events if the firearm is broken down in a non-functioning
state, is not immediately accessible, or is unloaded and enclosed in a case,
firearm carrying box, shipping box, or other container, and when the Olympic
target shooting competitor or target shooting coach is engaging in those
practices or events. For the purposes of the paragraph (6), “firearm” is
defined in Section 1.1 of the Firearm Owners Identification Card Act.
(7)
Possession
of a semi-automatic assault weapon, an assault weapon attachment, a .50 caliber
rifle, or a .50 caliber cartridge only for a hunting use expressly permitted
under the Wildlife Code, or while traveling to or from a location authorized
for such hunting use under the Wildlife Code if the items are broken down in a
non-functioning state, or are not immediately accessible, or are unloaded and
enclosed in a case, firearm carrying box, shipping box, or other container.
(8)
Manufacture,
transportation, possession, sale, or rental of blank-firing semi-automatic
assault weapons and .50 caliber rifles or the weapons respective attachments to
persons authorized or permitted, or both authorized and permitted to acquire
and possess such weapons for the purposes of rental for use solely as props for
a motion picture, television, or video production or entertainment event.
(e)
Sentence.
(1)
A person who
knowingly manufactures, delivers, sells, purchases, or possesses or causes to
be manufactured, delivered, sold, purchased, or possessed a semi-automatic
assault weapon in violation of this Section commits a Class 3 felony for a
first violation and a Class 2 felony for a second or subsequent violation or
for the possession or delivery of 2 or more of these weapons at the same time.
(2)
A person who
knowingly manufactures, delivers, sells, purchases, or possesses or causes to
be manufactured, delivered, sold, purchased, or possessed in violation of this
Section an assault weapon attachment commits a Class 4 felony for a first
violation and a Class 3 felony for a second or subsequent violation.
(3)
A person who
knowingly manufactures, delivers, sells, purchases, or possesses or causes to
be manufactured, delivered, sold, purchased, or possessed in violation of this Section
a .50 caliber rifle commits a Class 3 felony for a first violation and a Class
3 felony for a second or subsequent violation or for the possession or delivery
of 2 or more of these weapons at the same time.
(4)
A person who
knowingly manufactures, delivers, sells, purchases, or possesses or causes to
be manufactured, delivered, sold, purchased, or possessed in violation of this
Section a .50 caliber cartridge commits a Class A misdemeanor.
(720 ILCS
5/24-1.10 new)
Section
24-1.10. Manufacture, possession, delivery, sale, and purchase of large
capacity ammunition feeding devices.
i.
As used in
this Section:
“Large capacity ammunition feeding
device” means:
1)
A magazine,
belt, drum, feed strip, or similar device that has a capacity of, or that can
be readily restored or converted to accept, more than 10 rounds of ammunition;
or
2)
Any
combination of parts from which a device described in paragraph (1) can be
assembled.
“Large capacity ammunition feeding device” does not include
an attached tubular device designed to accept, and capable of operating only
with, .22 caliber rimfire ammunition or any device that has been made
permanently inoperable.
(b) Except as provided in subsections (c) and (d),
it is unlawful for any person within this State, beginning 90 days after the
effective date of this amendatory Act of the 97th General Assembly,
to knowingly manufacture, deliver, sell, purchase, or possess or cause to be
manufactured, delivered, sold, purchased, or possessed , a large capacity
ammunition feeding device.
(c) This Section does not apply to a person who
possessed a device prohibited by subsection (b) before the effective date of
this amendatory Act of the 97th General Assembly, provided that the
person has provided proof of ownership to the Department of State Police within
90 days after the effective date of this amendatory Act of the 97th
General Assembly as required by law. On or after the effective date of this
amendatory Act of the 97th General Assembly, such person may
transfer such device only to an heir, an individual residing in another state
maintaining that device in another state, or a dealer licensed as a federal
firearms dealer under Section 923 of the federal Gun Control Act of 1968.
(d) This Section does not apply to or affect any of
the following:
1)
Peace
officers as defined in Section 2-13 of this Code and retired peace officers not
otherwise prohibited from receiving a firearm, in possession of a large
capacity ammunition feeding device transferred to the retired peace officer by
his or her law enforcement agency upon retirement.
2)
Wardens,
superintendents, and keepers of prisons, penitentiaries, jails, and other
institutions for the detention of persons accused or convicted of an offense.
3)
Members of
the Armed Services or Reserve Forces of the United States or the Illinois
National Guard, while in the performance of their official duties or while
traveling to or from their place of duty.
4)
Manufacture,
transportation, or sale of large capacity ammunition feeding devices to persons
authorized under subdivisions (1) through (3) of this subsection to possess
those items.
5)
Possession
of a large capacity ammunition feeding device at events taking place at the
World Shooting and Recreational Complex at Sparta, only while engaged in the
legal use of the device, or while traveling to or from this location if the
items are broken down in a non-functioning state, or are not immediately
accessible, or are unloaded and enclosed in a case, firearm carrying box,
shipping box, or other container.
6)
Possession
of any large capacity ammunition feeding device if that large capacity
ammunition feeding device is sanctioned by the International Olympic Committee
and by USA Shooting, the national governing body for international shooting
competition in the United Sates, but only when the large capacity ammunition
feeding device is in the actual possession of an Olympic target shooting
competitor or target shooting coach for the purpose of storage, transporting to
and from Olympic target shooting practice or events if the device is broken
down in a non-functioning state, is not immediately accessible, or is unloaded
and enclosed in a case, firearm carrying box, shipping box, or other container,
and when the Olympic target shooting competitor or target shooting coach is
engaging in those practices or events.
7)
Possession
of a large capacity ammunition feeding device only for a hunting use expressly
permitted under the Wildlife Code, or while traveling to or from a location
authorized for such hunting use under the Wildlife Code if the items are broken
down in a non-functioning state, or are not immediately accessible, or are
unloaded and enclosed in a case, firearm carrying box, shipping box, or other
container.
(e) Sentence. A person who knowingly manufactures,
delivers, sells, purchases, or possesses or causes to be manufactured,
delivered, sold, purchased, or possessed in violation of this Section a large
capacity ammunition feeding device capable of holding more than 17 rounds of
ammunition commits a Class 3 felony for a first violation and a Class 2 felony
for a second or subsequent violation or for possession or delivery of 2 or more
of these devices at the same time. A person who knowingly manufactures,
delivers, sells, purchases, possesses or causes to be manufactured, delivered,
sold, purchased, or possessed in violation of this Section a large capacity
ammunition feeding device capable of holding more than 10 rounds but not more
than 17 rounds of ammunition commits a Class 4 felony for a first violation and
a Class 3 felony for a second or subsequent violation or for possession or
delivery of more than one of these devices at the same time.
Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.”
With these
changes, Senate Bill 681 will have my approval. I respectfully request your
concurrence.
Sincerely,
PAT QUINN
Governor
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