(MORE)
5 (3) "Assault weapon attachment" means any device
6 capable of being attached to a firearm that is
7 specifically designed for making or converting a firearm
8 into any of the firearms listed in paragraph (1) of
9 subsection (b) of this Section.
10 (4) "Antique firearm" means:
11 (A) any firearm, including any firearm with a
12 6 matchlock, flintlock, percussion cap or similar
13 type of ignition system, manufactured in or before
14 1898, or
15 (B) any replica of any firearm described in
16 subparagraph (A) if the replica:
17 (i) is not designed or redesigned for
18 using rimfire or conventional centerfire fixed
19 ammunition; or
20 (ii) uses rimfire or conventional
21 centerfire ammunition that is no longer
22 manufactured in the United States and that is
23 not readily available in the ordinary channels
24 of commercial trade; or
25 (C) any firearm (other than a machine gun),
26 which, although designed as a weapon, the Department
27 of State Police finds by reason of the date of its
28 manufacture, value, design, and other
29 characteristics is primarily a collector's item and
30 is not likely to be used as a weapon.
31 (c) Except as provided in subsections (e) and (f),
32 beginning 90 days after the effective date of this amendatory
33 Act of the 92nd General Assembly, it is unlawful for any
34 person within this State, to knowingly manufacture, deliver,
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1 or possess or cause to be manufactured, delivered, or
2 possessed, a semiautomatic assault weapon, a large capacity
3 ammunition feeding device, or an assault weapon attachment.
4 (d) Except as provided otherwise in subsection (e), any
5 person who knowingly possesses a semiautomatic assault
6 weapon, large capacity ammunition feeding device, or assault
7 weapon attachment must, within 90 days after the effective
8 date of this amendatory Act of the 92nd General Assembly,
9 destroy the weapon or device, render it permanently
10 inoperable, relinquish it to a law enforcement agency, or
11 remove it from this State.
12 (e) Any person who lawfully possessed a semiautomatic
13 assault weapon, large capacity ammunition feeding device, or
14 assault weapon attachment may, within 90 days after the
15 effective date of this amendatory Act of the 92nd General
16 Assembly, register the weapon or device with the Department
17 of State Police pursuant to rules promulgated by that
18 Department. The registration shall contain a description of
19 the weapon or device that identifies it uniquely, including
20 all identification marks, the full name, address, date of
21 birth, and thumbprint of the owner, and any other information
22 that the Department may deem appropriate. The Department may
23 charge a fee for registration not to exceed the actual
24 processing costs of the Department. A weapon or device
25 properly registered under this Section may be possessed by
26 the person who registered the weapon or device, or by any
27 person who receives ownership of the weapon or device
28 pursuant to an order of a court in a probate proceeding and
29 who registers the weapon or device with the Department within
30 30 days after the court order becomes effective. No
31 registered weapon or device may be possessed by any other
32 person or delivered or transferred to any person within this
33 State in any manner other than pursuant to court order in a
34 probate proceeding. Nothing in this Section authorizes the
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1 possession, delivery, or transfer of a weapon or device in
2 violation of any other law or in violation of any ordinance.
3 (f) A person has an affirmative defense to an alleged
4 violation of subsection (c) of this Section if (i) he or she
5 otherwise lawfully possessed or delivered the semiautomatic
6 assault weapon, large capacity ammunition feeding device, or
7 assault weapon attachment while in the performance of his or
8 her official duties as a peace officer, correctional
9 institution employee or official, or member of the Armed
10 Services or Reserve Forces of the United States, or of the
11 Illinois National Guard, or (ii) he or she is engaged in the
12 manufacture of such weapon or device exclusively for such use
13 pursuant to a contract or subcontract with a governmental
14 body.
15 (g) Sentence.
16 (1) A person who manufactures, possesses, or
17 delivers a semiautomatic assault weapon in violation of
18 this Section commits a Class 3 felony for a first
19 violation and a Class 2 felony for a second or subsequent
20 violation or for the possession or delivery of 2 or more
21 of these weapons at the same time.
22 (2) A person who possesses or delivers in violation
23 of this Section a large capacity ammunition feeding
24 device capable of holding more than 17 rounds of
25 ammunition commits a Class 3 felony for a first violation
26 and a Class 2 felony for a second or subsequent violation
27 or for possession or delivery of 2 or more of these
28 devices at the same time.
29 (3) A person who possesses or delivers in violation
30 of this Section a large capacity ammunition feeding
31 device capable of holding more than 10 rounds but not
32 more than 17 rounds of ammunition commits a Class 4
33 felony for a first violation and a Class 3 felony for a
34 second or subsequent violation or for possession or
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1 delivery of more than one of these devices at the same
2 time.
3 (4) A person who possesses or delivers in violation
4 of this Section an assault weapon attachment commits a
5 Class 4 felony for a first violation and a Class 3 felony
6 for a second or subsequent violation.
Steve