101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3176
 
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. Deletes existing preemption provisions concerning firearms. Provides that regulation of the ownership and possession of firearms and related items are the exclusive powers and functions of the State. Provides that a local government, including a home rule unit, may not require registration, reporting of the sale or transfer of a firearm, or maintenance of a firearm registry. Provides that any existing or future local ordinances or resolutions imposing any registration requirement on firearms and related items are invalid and void. Effective immediately.



LRB101 07752 SLF 52801 b


HOME RULE NOTE ACT MAY APPLY
 
 
A BILL FOR
 


HB3176LRB101 07752 SLF 52801 b



1 AN ACT concerning safety.


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

3represented in the General Assembly:



4 Section 5. The Firearm Owners Identification Card Act is 
5amended 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) (Blank). Except as otherwise provided in the Firearm 
9Concealed Carry Act and subsections (b) and (c) of this 
10Section, the provisions of any ordinance enacted by any 
11municipality which
requires registration or imposes greater 
12restrictions or limitations on the
acquisition, possession and 
13transfer of firearms than are imposed by this
Act, are not 
14invalidated or affected by this Act.

15 (b) (Blank). Notwithstanding subsection (a) of this 
16Section, the regulation, licensing, possession, and 
17registration of handguns and ammunition for a handgun, and the 
18transportation of any firearm and ammunition by a holder of a 
19valid Firearm Owner's Identification Card issued by the 
20Department of State Police under this Act are exclusive powers 
21and functions of this State. Any ordinance or regulation, or 
22portion of that ordinance or regulation, enacted on or before 
23the effective date of this amendatory Act of the 98th General 
 
 
HB3176- 2 -LRB101 07752 SLF 52801 b


1Assembly that purports to impose regulations or restrictions on 
2a holder of a valid Firearm Owner's Identification Card issued 
3by the Department of State Police under this Act in a manner 
4that is inconsistent with this Act, on the effective date of 
5this amendatory Act of the 98th General Assembly, shall be 
6invalid in its application to a holder of a valid Firearm 
7Owner's Identification Card issued by the Department of State 
8Police under this Act.
9 (c) (Blank). Notwithstanding subsection (a) of this 
10Section, the regulation of the possession or ownership of 
11assault weapons are exclusive powers and functions of this 
12State. Any ordinance or regulation, or portion of that 
13ordinance or regulation, that purports to regulate the 
14possession or ownership of assault weapons in a manner that is 
15inconsistent with this Act, shall be invalid unless the 
16ordinance or regulation is enacted on, before, or within 10 
17days after the effective date of this amendatory Act of the 
1898th General Assembly. Any ordinance or regulation described in 
19this subsection (c) enacted more than 10 days after the 
20effective date of this amendatory Act of the 98th General 
21Assembly is invalid. An ordinance enacted on, before, or within 
2210 days after the effective date of this amendatory Act of the 
2398th General Assembly may be amended. The enactment or 
24amendment of ordinances under this subsection (c) are subject 
25to the submission requirements of Section 13.3. For the 
26purposes of this subsection, "assault weapons" means firearms 
 
 
HB3176- 3 -LRB101 07752 SLF 52801 b


1designated by either make or model or by a test or list of 
2cosmetic features that cumulatively would place the firearm 
3into a definition of "assault weapon" under the ordinance.
4 (d) (Blank). For the purposes of this Section, "handgun" 
5has the meaning ascribed to it in Section 5 of the Firearm 
6Concealed Carry Act. 
7 (d-1) The regulation of the ownership and possession of 
8firearms and ammunition, components, accessories, or 
9accoutrements for firearms are exclusive powers and functions 
10of this State. A unit of local government, including a home 
11rule unit, may not require the registration of the person or 
12firearm or ammunition as a condition of ownership or possession 
13of the firearm or ammunition.
14 (d-2) No unit of local government, including a home rule 
15unit, may require that any person, corporation, or entity 
16report the sale or transfer of a firearm or ammunition or 
17maintain a registry or list of the sale or transfer of a 
18firearm or ammunition.
19 (d-3) The provisions of any ordinance or resolution adopted 
20before, on, or after the effective date of this amendatory Act 
21of the 101st General Assembly by any unit of local government, 
22including a home rule unit, that imposes any type of 
23registration requirement on the ownership or possession of 
24firearms and ammunition, components, accessories, and 
25accoutrements of firearms are invalid and void.
26 (e) This Section is a denial and limitation of home rule 
 
 
HB3176- 4 -LRB101 07752 SLF 52801 b


1powers and functions under subsection (h) of Section 6 of 
2Article VII of the Illinois Constitution. 
3(Source: P.A. 98-63, eff. 7-9-13.)



4 Section 99. Effective date. This Act takes effect upon 
5becoming law.