99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB3236

Introduced , by Rep. Jerry F. Costello, II

SYNOPSIS AS INTRODUCED:

430 ILCS 65/13.1 from Ch. 38, par. 83-13.1

Amends the Firearm Owners Identification Card Act. Provides that a unit of local government, including a home rule unit, may not impose any tax, fee, or other assessment other than the normal sales tax rate for goods, on any firearms, firearm attachments, or firearm ammunition. Provides that the provisions of any ordinance or resolution on or after the effective date of the amendatory Act by any county government that imposes any tax, fee, or other assessment other than the normal sales tax rate for goods are invalid and all those existing ordinances and resolutions are void. Effective immediately.

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HOME RULE NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning safety.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Firearm Owners Identification Card Act is

5 amended by changing Section 13.1 as follows:

6 (430 ILCS 65/13.1) (from Ch. 38, par. 83-13.1)

7 Sec. 13.1. Preemption.

8 (a) Except as otherwise provided in the Firearm Concealed

9 Carry Act and subsections (b) and (c) of this Section, the

10 provisions of any ordinance enacted by any municipality which

11 requires registration or imposes greater restrictions or

12 limitations on the acquisition, possession and transfer of

13 firearms than are imposed by this Act, are not invalidated or

14 affected by this Act.

15 (b) Notwithstanding subsection (a) of this Section, the

16 regulation, licensing, possession, and registration of

17 handguns and ammunition for a handgun, and the transportation

18 of any firearm and ammunition by a holder of a valid Firearm

19 Owner's Identification Card issued by the Department of State

20 Police under this Act are exclusive powers and functions of

21 this State. Any ordinance or regulation, or portion of that

22 ordinance or regulation, enacted on or before the effective

23 date of this amendatory Act of the 98th General Assembly that

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1 purports to impose regulations or restrictions on a holder of a

2 valid Firearm Owner's Identification Card issued by the

3 Department of State Police under this Act in a manner that is

4 inconsistent with this Act, on the effective date of this

5 amendatory Act of the 98th General Assembly, shall be invalid

6 in its application to a holder of a valid Firearm Owner's

7 Identification Card issued by the Department of State Police

8 under this Act.

9 (c) Notwithstanding subsection (a) of this Section, the

10 regulation of the possession or ownership of assault weapons

11 are exclusive powers and functions of this State. Any ordinance

12 or regulation, or portion of that ordinance or regulation, that

13 purports to regulate the possession or ownership of assault

14 weapons in a manner that is inconsistent with this Act, shall

15 be invalid unless the ordinance or regulation is enacted on,

16 before, or within 10 days after the effective date of this

17 amendatory Act of the 98th General Assembly. Any ordinance or

18 regulation described in this subsection (c) enacted more than

19 10 days after the effective date of this amendatory Act of the

20 98th General Assembly is invalid. An ordinance enacted on,

21 before, or within 10 days after the effective date of this

22 amendatory Act of the 98th General Assembly may be amended. The

23 enactment or amendment of ordinances under this subsection (c)

24 are subject to the submission requirements of Section 13.3. For

25 the purposes of this subsection, "assault weapons" means

26 firearms designated by either make or model or by a test or

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1 list of cosmetic features that cumulatively would place the

2 firearm into a definition of "assault weapon" under the

3 ordinance.

4 (d) For the purposes of this Section, "handgun" has the

5 meaning ascribed to it in Section 5 of the Firearm Concealed

6 Carry Act.

7 (e) This Section is a denial and limitation of home rule

8 powers and functions under subsection (h) of Section 6 of

9 Article VII of the Illinois Constitution.

10 (f) A unit of local government, including a home rule unit,

11 may not impose any tax, fee, or other assessment other than the

12 normal sales tax rate for goods, on any firearms, firearm

13 attachments, or firearm ammunition. The provisions of any

14 ordinance or resolution on or after the effective date of this

15 amendatory Act of the 99th General Assembly by any county

16 government that imposes any tax, fee, or other assessment other

17 than the normal sales tax rate for goods are invalid and all

18 those existing ordinances and resolutions are void. This

19 subsection (f) is a limitation of home rule powers under

20 subsection (h) of Section 6 of Article VII of the Illinois

21 Constitution.

22 (Source: P.A. 98-63, eff. 7-9-13.)

23 Section 99. Effective date. This Act takes effect upon

24 becoming law.