Aside from having several self-contradictory sections as pointed out below, as I read it, this "modest" proposal would effectively outlaw practically all semiautomatic weapons having detachable magazines, and likely many, many additional weapons. Everything from a Mauser Broomhandle (as a semiauto version of a full auto weapon) to modern semiautomatic handguns (since they almost universally accept detachable magazines) would be covered, not to mention all semiauto rifles with detachable magazines, as said rifles universally have a "shroud" completely or partially encircling the barrel -- even those with traditional wood stocks have either an extension of the stock or a separate foreend that acts as a shroud partially encircling a barrel and allowing it to be gripped with the non-firearm hand without burning oneself.
All in all, this is an EXTREMELY broad bill that would attempt to ban any new semiauto firearms, and would additionally ban the transfer of any "grandfathered" weapons, requiring those "grandfathered" weapons to be registered and restricting their transfer solely to heirs, to removal from Illinois, or to an FFL holder. Given the precise holding in DC v. Heller -- that the Second Amendment extends to the possession of weapons "commonly owned for lawful purposes", and specifically tht it protects the rights of individuals to possess semiautomatic weapons -- it's hard to see how this bill (or even the 1994 Federal "assault weapon" ban, for that matter) meets Constitutional muster. Aaron Clements (As an introduction since I normally only lurk on this list, I work for Hurley & Guinn and with Mr. Guinn, was counsel for the defendant in US v. Emerson, and I also serve as an adjunct professor at Texas Tech University School of Law ...) ________________________________ From: Drzox <[email protected]> To: Firearmsregprof <[email protected]> Sent: Fri, January 4, 2013 8:53:06 PM Subject: Illinois SB2899 Filed: 1/4/2013 http://ilga.gov/legislation/fulltext.asp?DocName=09700SB2899ham001&GA=97&SessionId=84&DocTypeId=SB&LegID=63457&DocNum=2899&GAID=11&Session Full Text of SB2899 ________________________________ Introduced Engrossed Senate Amendment 001 House Amendment 001 Printer-Friendly Version PDF Bill Status Rep. Edward J. Acevedo 5 (a) Definitions. In this Section: 6 (1) "Semi-automatic assault weapon" means: (B) a semi-automatic rifle or pump-action rifle that has an ability to accept a detachable magazine and has any of the following: 1 (i) a folding or telescoping stock; 2 (ii) a pistol grip or thumbhole stock; 3 (iii) a shroud that is attached to, or 4 partially or completely encircles the barrel, and 5 that permits the shooter to hold the firearm with 6 the non-trigger hand without being burned; So this is by this bill, this is now a semi automatic assault rifle: Yet: 10 "Semi-automatic assault weapon" does not 11 include: 12 (A) any firearm that: 13 (i) is manually operated by bolt, pump, lever, 14 or slide action; 15 (ii) is an "unserviceable firearm" or has been 16 made permanently inoperable; or 17 (iii) is an antique firearm; 18 (B) any air rifle as defined in Section 24.8-0.1 of 19 this Code.
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