102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB0781

Introduced , by Rep. Patrick Windhorst

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 a tax, fee, or other assessment other than a retailers' occupation tax rate for goods on a firearm, firearm attachment, or firearm ammunition. Provides that the provisions of any ordinance or resolution, in effect or adopted, on or after the effective date of the amendatory Act by any unit of local government, including a home rule unit, that imposes a tax, fee, or other assessment other a retailers' occupation tax rate for goods on a firearm, firearm attachment, or firearm ammunition are invalid and 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

2 a 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

12 ordinance or regulation, or portion of that ordinance or

13 regulation, that purports to regulate the possession or

14 ownership of assault weapons in a manner that is inconsistent

15 with this Act, shall be invalid unless the ordinance or

16 regulation is enacted on, before, or within 10 days after the

17 effective date of this amendatory Act of the 98th General

18 Assembly. Any ordinance or regulation described in this

19 subsection (c) enacted more than 10 days after the effective

20 date of this amendatory Act of the 98th General Assembly is

21 invalid. An ordinance enacted on, before, or within 10 days

22 after the effective date of this amendatory Act of the 98th

23 General Assembly may be amended. The enactment or amendment of

24 ordinances under this subsection (c) are subject to the

25 submission requirements of Section 13.3. For the purposes of

26 this subsection, "assault weapons" means firearms designated

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1 by either make or model or by a test or list of cosmetic

2 features that cumulatively would place the firearm into a

3 definition of "assault weapon" under the ordinance.

4 (c-5) A unit of local government, including a home rule

5 unit, may not impose a tax, fee, or other assessment other than

6 a retailers' occupation tax rate for goods on a firearm,

7 firearm attachment, or firearm ammunition. The provisions of

8 any ordinance or resolution, in effect or adopted, on or after

9 the effective date of this amendatory Act of the 102nd General

10 Assembly by any unit of local government, including a home

11 rule unit, that imposes a tax, fee, or other assessment other

12 than a retailers' occupation tax rate for goods on a firearm,

13 firearm attachment, or firearm ammunition are invalid and

14 void.

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

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

17 Carry Act.

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

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

20 Article VII of the Illinois Constitution.

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

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

23 becoming law.