Illinois Trying to Ban Guns with Detachable Magazines (Bill HB1263)

James

Staff member
Wow, I'm speechless, looks like Illinois is trying to ban all guns period.

Full amendment can be found here:
http://www.ilga.gov/legislation/ful...m=1263&GAID=11&LegID=57242&SpecSess=&Session=


Section 5-5. The Criminal Code of 2012 is amended by adding
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Sections 24-1.9 and 24-4.1 as follows:

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(720 ILCS 5/24-1.9 new)
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Sec. 24-1.9. Possession, delivery, sale, and purchase of
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semi-automatic assault weapons, assault weapon attachments,
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.50 caliber rifles, and .50 caliber cartridges.
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(a) Definitions. In this Section:
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(1) "Semi-automatic assault weapon" means:
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(A) any of the firearms or types, replicas, or
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duplicates in any caliber of the firearms, known as:
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(i) Norinco, Mitchell, and Poly Technologies
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Avtomat Kalashnikovs (all models);
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(ii) Action Arms Israeli Military Industries
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UZI and Galil;
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(iii) Beretta AR-70 (SC-70);
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(iv) Colt AR-15;
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(v) Fabrique Nationale FN/FAL, FN/LAR, and
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FNC;
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(vi) SWD M-10, M-11, M-11/9, and M-12;
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(vii) Steyr AUG;
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(viii) INTRATEC TEC-9, TEC-DC9, and TEC-22;
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and
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(ix) any shotgun which contains its ammunition
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in a revolving cylinder, such as (but not limited

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to) the Street Sweeper and Striker 12;
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(B) a semi-automatic rifle or pump-action rifle
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that has an ability to accept a detachable magazine and
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has any of the following:
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(i) a folding or telescoping stock;
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(ii) a pistol grip or thumbhole stock;
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(iii) a shroud that is attached to, or
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partially or completely encircles the barrel, and
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that permits the shooter to hold the firearm with
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the non-trigger hand without being burned;
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(C) a semi-automatic pistol that has an ability to
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accept a detachable magazine and has any of the
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following:
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(i) a folding, telescoping, or thumbhole
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stock;
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(ii) a shroud that is attached to, or partially
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or completely encircles the barrel, and that
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permits the shooter to hold the firearm with the
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non-trigger hand without being burned;
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(iii) an ammunition magazine that attaches to
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the pistol outside of the pistol grip;
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(iv) a manufactured weight of 50 ounces or more
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when the pistol is unloaded; or
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(v) a semi-automatic version of an automatic
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firearm;
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(C-1) a semi-automatic rifle or pistol with a fixed

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magazine that has the capacity to accept more than 10
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rounds of ammunition;
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(C-2) a semi-automatic rifle or a pistol with the
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capacity to accept a detachable magazine, a muzzle
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brake, or muzzle compensator;
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(D) a semi-automatic shotgun that has any of the
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following:
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(i) a folding or telescoping stock;
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(ii) a pistol grip or thumbhole stock;
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(iii) a fixed magazine capacity in excess of 5
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rounds; or
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(iv) an ability to accept a detachable
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magazine.
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"Semi-automatic assault weapon" does not
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include:
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(A) any firearm that:
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(i) is manually operated by bolt, pump, lever,
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or slide action;
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(ii) is an unserviceable firearm or has been
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made permanently inoperable, as defined by 27
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C.F.R. 478.11;
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(iii) is an antique firearm; or
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(iv) is a rifle with a fixed tubular magazine
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located under the barrel that is only capable of
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holding rounds of ammunition placed end to end;
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(B) any air rifle as defined in Section 24.8-0.1 of

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this Code.



And the penalty section.
(f) Sentence.
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(1) A person who knowingly delivers, sells, purchases,
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or possesses or causes to be delivered, sold, purchased, or
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possessed, directly or indirectly, a semi-automatic
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assault weapon in violation of this Section commits a Class
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3 felony for a first violation and a Class 2 felony for a
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second or subsequent violation or for the possession or
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delivery of 2 or more of these weapons at the same time.
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(2) A person who knowingly delivers, sells, purchases,
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or possesses or causes to be delivered, sold, purchased, or
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possessed, directly or indirectly, in violation of this
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Section an assault weapon attachment commits a Class 4

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felony for a first violation and a Class 3 felony for a
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second or subsequent violation.
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(3) A person who knowingly delivers, sells, purchases,
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or possesses or causes to be delivered, sold, purchased, or
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possessed, directly or indirectly, in violation of this
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Section a .50 caliber rifle commits a Class 3 felony for a
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first violation and a Class 2 felony for a second or
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subsequent violation or for the possession or delivery of 2
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or more of these weapons at the same time.
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(4) A person who knowingly delivers, sells, purchases,
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or possesses or causes to be delivered, sold, purchased, or
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possessed, directly or indirectly, in violation of this
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Section a .50 caliber cartridge commits a Class A
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misdemeanor.
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(5) Any other violation of this Section is a Class A
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misdemeanor.
 
That looks a lot like the California law. Your link is wrong. The bill number is HB1294, not HR1293. http://www.ilga.gov/legislation/97/HB/09700HB1294.htm

It's semi auto rifles and a few pistols like a TEC9 that they are after with this bill. Your pump action shotgun, bolt action rifle, revolver, and almost all semiauto pistols are not effected.

I'm no lawyer, but it looks to me like a SKS or mini-14 would still be OK.

We have the same stupid .50 BMG ban here as well. Somehow I really doubt that many crimes have been committed with one.

After reading the bill, I do have to say that the wording is terrible. It's got contradictions in it. It's also really ambiguous on few points. It seems to even make toy guns a felony if they are a "replica."

This si also an old bill from 2011 and not something new. I wouldn't be surprised if it gains new life due to recent events.
 

James

Staff member
That looks a lot like the California law. Your link is wrong. The bill number is 1294, not 1293. http://www.ilga.gov/legislation/97/HB/09700HB1294.htm
No HB1263 Amendment 5 is the correct number, what you linked to looks to be a previous version of it.

I'll edit the thread title as it's technically incorrect as you can still use bolt action rifles. However unless I'm reading this wrong any rifle or handgun with a detachable magazine will be banned.


(C-2) a semi-automatic rifle or a pistol with the
capacity to accept a detachable magazine, a muzzle
brake, or muzzle compensator;


For the purposes of this Section, a firearm is considered
to have the ability to accept a detachable magazine unless the
magazine or ammunition feeding device can only be removed
through disassembly of the firearm action.

http://www.ilga.gov/legislation/97/HB/PDF/09700HB1263sam005.pdf
 
And here I thought that following the legislative process in my state was hard. This is even worse. At least in my state they combine all the amendments into a single web page of the current version of the bill.

Dang, that's crazy even by California standards. That section (C-2) really does ban almost all semi auto rifles and pistols. Even a SKS that has a fixed mag can take detachable ones so it would be banned too. I guess a Garand might be OK.

It's amazing that the writer mentions McDonald and Heller, but then ignores them. No mention of Miller and the "in common use" part of that decision.

I'd doubt that section makes it into the final law, but time will tell. The rest of the bill may well make it.
 

James

Staff member
One thing that doesn't really make sense though is why do they have a section limiting magazines to 10 rounds if they also have a section banning all guns with a magazine? Or list out all those specific firearms in the first part when they all fall under the no magazine section?
 
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