97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2257

 

Introduced 2/15/2011, by Sen. Dan Kotowski

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-0.5 new
720 ILCS 5/24-1  from Ch. 38, par. 24-1
720 ILCS 5/24-2

    Amends the Criminal Code of 1961 relating to the unlawful use of weapons. Prohibits the sale, manufacture, purchase, possession, or carrying of 50 caliber rifles. Provides that a violation is a Class 2 felony, unless the weapon is possessed in the passenger compartment of the a motor vehicle or upon the person, while loaded, in which case a violation is a Class X felony. Exempts: (1) peace officers while in performance of their official duties; (2) wardens, superintendents, and keepers of prisons, penitentiaries, jails, and other institutions for the detention of persons accused or convicted of an offense; (3) members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard, while in the performance of their official duty; and (4) persons licensed under federal law to manufacture those weapons. Provides that the provision prohibiting the sale, manufacture, purchase, possession, or carrying of 50 caliber rifles does not apply to a person that possesses a 50 caliber rifle before the effective date of the amendatory Act. Provides that such person shall only be allowed to transfer a 50 caliber rifle to a dealer licensed as a federal firearms dealer on or after the effective date of the amendatory Act.


LRB097 10285 RLC 50489 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2257LRB097 10285 RLC 50489 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 1961 is amended by changing
5Sections 24-1 and 24-2 and by adding Section 24-0.5 as follows:
 
6    (720 ILCS 5/24-0.5 new)
7    Sec. 24-0.5. Definitions. For purposes of this Article:
8    "50 caliber rifle" means a centerfire rifle capable of
9firing a 50 caliber cartridge. The term "50 caliber rifle" does
10not include any antique firearm as defined in 18 U.S.C. Section
11921(a)(16). The term "50 caliber rifle" does not include a
12shotgun with a caliber measurement that is equal to or greater
13than .50 caliber, or a muzzle-loader used for "black powder"
14hunting or battle re-enactments.
15    "50 caliber cartridge" means a cartridge in 50 caliber,
16either by designation or actual measurement, including, but not
17limited to, a .50 BMG cartridge. "50 caliber cartridge" does
18not include any memorabilia or display item that is filled with
19a permanent inert substance or that is otherwise permanently
20altered in a manner that prevents ready modification for use as
21live ammunition.
22    ".50 BMG cartridge" means a cartridge that is designed and
23intended to be fired from a centerfire rifle and that meets all

 

 

SB2257- 2 -LRB097 10285 RLC 50489 b

1of the following criteria:
2        (1) It has an overall length of 5.45 inches from the
3    base to the tip of the bullet.
4        (2) The bullet diameter for the cartridge is from .510
5    to, and including, .511 inch.
6        (3) The case base diameter for the cartridge is from
7    .800 inch to, and including, .804 inch.
8        (4) The cartridge case length is 3.91 inches.
9    A ".50 BMG rifle" does not include any "antique firearm"
10nor any curio or relic as defined in Section 178.11 of Title 27
11of the Code of Federal Regulations.
 
12    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
13    Sec. 24-1. Unlawful Use of Weapons.
14    (a) A person commits the offense of unlawful use of weapons
15when he knowingly:
16        (1) Sells, manufactures, purchases, possesses or
17    carries any bludgeon, black-jack, slung-shot, sand-club,
18    sand-bag, metal knuckles or other knuckle weapon
19    regardless of its composition, throwing star, or any knife,
20    commonly referred to as a switchblade knife, which has a
21    blade that opens automatically by hand pressure applied to
22    a button, spring or other device in the handle of the
23    knife, or a ballistic knife, which is a device that propels
24    a knifelike blade as a projectile by means of a coil
25    spring, elastic material or compressed gas; or

 

 

SB2257- 3 -LRB097 10285 RLC 50489 b

1        (2) Carries or possesses with intent to use the same
2    unlawfully against another, a dagger, dirk, billy,
3    dangerous knife, razor, stiletto, broken bottle or other
4    piece of glass, stun gun or taser or any other dangerous or
5    deadly weapon or instrument of like character; or
6        (3) Carries on or about his person or in any vehicle, a
7    tear gas gun projector or bomb or any object containing
8    noxious liquid gas or substance, other than an object
9    containing a non-lethal noxious liquid gas or substance
10    designed solely for personal defense carried by a person 18
11    years of age or older; or
12        (4) Carries or possesses in any vehicle or concealed on
13    or about his person except when on his land or in his own
14    abode, legal dwelling, or fixed place of business, or on
15    the land or in the legal dwelling of another person as an
16    invitee with that person's permission, any pistol,
17    revolver, stun gun or taser or other firearm, except that
18    this subsection (a) (4) does not apply to or affect
19    transportation of weapons that meet one of the following
20    conditions:
21            (i) are broken down in a non-functioning state; or
22            (ii) are not immediately accessible; or
23            (iii) are unloaded and enclosed in a case, firearm
24        carrying box, shipping box, or other container by a
25        person who has been issued a currently valid Firearm
26        Owner's Identification Card; or

 

 

SB2257- 4 -LRB097 10285 RLC 50489 b

1        (5) Sets a spring gun; or
2        (6) Possesses any device or attachment of any kind
3    designed, used or intended for use in silencing the report
4    of any firearm; or
5        (7) Sells, manufactures, purchases, possesses or
6    carries:
7            (i) a machine gun, which shall be defined for the
8        purposes of this subsection as any weapon, which
9        shoots, is designed to shoot, or can be readily
10        restored to shoot, automatically more than one shot
11        without manually reloading by a single function of the
12        trigger, including the frame or receiver of any such
13        weapon, or sells, manufactures, purchases, possesses,
14        or carries any combination of parts designed or
15        intended for use in converting any weapon into a
16        machine gun, or any combination or parts from which a
17        machine gun can be assembled if such parts are in the
18        possession or under the control of a person;
19            (ii) any rifle having one or more barrels less than
20        16 inches in length or a shotgun having one or more
21        barrels less than 18 inches in length or any weapon
22        made from a rifle or shotgun, whether by alteration,
23        modification, or otherwise, if such a weapon as
24        modified has an overall length of less than 26 inches;
25        or
26            (iii) any bomb, bomb-shell, grenade, bottle or

 

 

SB2257- 5 -LRB097 10285 RLC 50489 b

1        other container containing an explosive substance of
2        over one-quarter ounce for like purposes, such as, but
3        not limited to, black powder bombs and Molotov
4        cocktails or artillery projectiles; or
5            (iv) any 50 caliber rifle; or
6        (8) Carries or possesses any firearm, stun gun or taser
7    or other deadly weapon in any place which is licensed to
8    sell intoxicating beverages, or at any public gathering
9    held pursuant to a license issued by any governmental body
10    or any public gathering at which an admission is charged,
11    excluding a place where a showing, demonstration or lecture
12    involving the exhibition of unloaded firearms is
13    conducted.
14        This subsection (a)(8) does not apply to any auction or
15    raffle of a firearm held pursuant to a license or permit
16    issued by a governmental body, nor does it apply to persons
17    engaged in firearm safety training courses; or
18        (9) Carries or possesses in a vehicle or on or about
19    his person any pistol, revolver, stun gun or taser or
20    firearm or ballistic knife, when he is hooded, robed or
21    masked in such manner as to conceal his identity; or
22        (10) Carries or possesses on or about his person, upon
23    any public street, alley, or other public lands within the
24    corporate limits of a city, village or incorporated town,
25    except when an invitee thereon or therein, for the purpose
26    of the display of such weapon or the lawful commerce in

 

 

SB2257- 6 -LRB097 10285 RLC 50489 b

1    weapons, or except when on his land or in his own abode,
2    legal dwelling, or fixed place of business, or on the land
3    or in the legal dwelling of another person as an invitee
4    with that person's permission, any pistol, revolver, stun
5    gun or taser or other firearm, except that this subsection
6    (a) (10) does not apply to or affect transportation of
7    weapons that meet one of the following conditions:
8            (i) are broken down in a non-functioning state; or
9            (ii) are not immediately accessible; or
10            (iii) are unloaded and enclosed in a case, firearm
11        carrying box, shipping box, or other container by a
12        person who has been issued a currently valid Firearm
13        Owner's Identification Card.
14        A "stun gun or taser", as used in this paragraph (a)
15    means (i) any device which is powered by electrical
16    charging units, such as, batteries, and which fires one or
17    several barbs attached to a length of wire and which, upon
18    hitting a human, can send out a current capable of
19    disrupting the person's nervous system in such a manner as
20    to render him incapable of normal functioning or (ii) any
21    device which is powered by electrical charging units, such
22    as batteries, and which, upon contact with a human or
23    clothing worn by a human, can send out current capable of
24    disrupting the person's nervous system in such a manner as
25    to render him incapable of normal functioning; or
26        (11) Sells, manufactures or purchases any explosive

 

 

SB2257- 7 -LRB097 10285 RLC 50489 b

1    bullet. For purposes of this paragraph (a) "explosive
2    bullet" means the projectile portion of an ammunition
3    cartridge which contains or carries an explosive charge
4    which will explode upon contact with the flesh of a human
5    or an animal. "Cartridge" means a tubular metal case having
6    a projectile affixed at the front thereof and a cap or
7    primer at the rear end thereof, with the propellant
8    contained in such tube between the projectile and the cap;
9    or
10        (12) (Blank); or
11        (13) Carries or possesses on or about his or her person
12    while in a building occupied by a unit of government, a
13    billy club, other weapon of like character, or other
14    instrument of like character intended for use as a weapon.
15    For the purposes of this Section, "billy club" means a
16    short stick or club commonly carried by police officers
17    which is either telescopic or constructed of a solid piece
18    of wood or other man-made material.
19    (b) Sentence. A person convicted of a violation of
20subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
21subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
22Class A misdemeanor. A person convicted of a violation of
23subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
24person convicted of a violation of subsection 24-1(a)(6) or
2524-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
26convicted of a violation of subsection 24-1(a)(7)(i) or

 

 

SB2257- 8 -LRB097 10285 RLC 50489 b

1subsection 24-1(a)(7)(iv) commits a Class 2 felony and shall be
2sentenced to a term of imprisonment of not less than 3 years
3and not more than 7 years, unless the weapon is possessed in
4the passenger compartment of a motor vehicle as defined in
5Section 1-146 of the Illinois Vehicle Code, or on the person,
6while the weapon is loaded, in which case it shall be a Class X
7felony. A person convicted of a second or subsequent violation
8of subsection 24-1(a)(4), 24-1(a)(8), 24-1(a)(9), or
924-1(a)(10) commits a Class 3 felony. The possession of each
10weapon in violation of this Section constitutes a single and
11separate violation.
12    (c) Violations in specific places.
13        (1) A person who violates subsection 24-1(a)(6) or
14    24-1(a)(7) in any school, regardless of the time of day or
15    the time of year, in residential property owned, operated
16    or managed by a public housing agency or leased by a public
17    housing agency as part of a scattered site or mixed-income
18    development, in a public park, in a courthouse, on the real
19    property comprising any school, regardless of the time of
20    day or the time of year, on residential property owned,
21    operated or managed by a public housing agency or leased by
22    a public housing agency as part of a scattered site or
23    mixed-income development, on the real property comprising
24    any public park, on the real property comprising any
25    courthouse, in any conveyance owned, leased or contracted
26    by a school to transport students to or from school or a

 

 

SB2257- 9 -LRB097 10285 RLC 50489 b

1    school related activity, in any conveyance owned, leased,
2    or contracted by a public transportation agency, or on any
3    public way within 1,000 feet of the real property
4    comprising any school, public park, courthouse, public
5    transportation facility, or residential property owned,
6    operated, or managed by a public housing agency or leased
7    by a public housing agency as part of a scattered site or
8    mixed-income development commits a Class 2 felony and shall
9    be sentenced to a term of imprisonment of not less than 3
10    years and not more than 7 years.
11        (1.5) A person who violates subsection 24-1(a)(4),
12    24-1(a)(9), or 24-1(a)(10) in any school, regardless of the
13    time of day or the time of year, in residential property
14    owned, operated, or managed by a public housing agency or
15    leased by a public housing agency as part of a scattered
16    site or mixed-income development, in a public park, in a
17    courthouse, on the real property comprising any school,
18    regardless of the time of day or the time of year, on
19    residential property owned, operated, or managed by a
20    public housing agency or leased by a public housing agency
21    as part of a scattered site or mixed-income development, on
22    the real property comprising any public park, on the real
23    property comprising any courthouse, in any conveyance
24    owned, leased, or contracted by a school to transport
25    students to or from school or a school related activity, in
26    any conveyance owned, leased, or contracted by a public

 

 

SB2257- 10 -LRB097 10285 RLC 50489 b

1    transportation agency, or on any public way within 1,000
2    feet of the real property comprising any school, public
3    park, courthouse, public transportation facility, or
4    residential property owned, operated, or managed by a
5    public housing agency or leased by a public housing agency
6    as part of a scattered site or mixed-income development
7    commits a Class 3 felony.
8        (2) A person who violates subsection 24-1(a)(1),
9    24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
10    time of day or the time of year, in residential property
11    owned, operated or managed by a public housing agency or
12    leased by a public housing agency as part of a scattered
13    site or mixed-income development, in a public park, in a
14    courthouse, on the real property comprising any school,
15    regardless of the time of day or the time of year, on
16    residential property owned, operated or managed by a public
17    housing agency or leased by a public housing agency as part
18    of a scattered site or mixed-income development, on the
19    real property comprising any public park, on the real
20    property comprising any courthouse, in any conveyance
21    owned, leased or contracted by a school to transport
22    students to or from school or a school related activity, in
23    any conveyance owned, leased, or contracted by a public
24    transportation agency, or on any public way within 1,000
25    feet of the real property comprising any school, public
26    park, courthouse, public transportation facility, or

 

 

SB2257- 11 -LRB097 10285 RLC 50489 b

1    residential property owned, operated, or managed by a
2    public housing agency or leased by a public housing agency
3    as part of a scattered site or mixed-income development
4    commits a Class 4 felony. "Courthouse" means any building
5    that is used by the Circuit, Appellate, or Supreme Court of
6    this State for the conduct of official business.
7        (3) Paragraphs (1), (1.5), and (2) of this subsection
8    (c) shall not apply to law enforcement officers or security
9    officers of such school, college, or university or to
10    students carrying or possessing firearms for use in
11    training courses, parades, hunting, target shooting on
12    school ranges, or otherwise with the consent of school
13    authorities and which firearms are transported unloaded
14    enclosed in a suitable case, box, or transportation
15    package.
16        (4) For the purposes of this subsection (c), "school"
17    means any public or private elementary or secondary school,
18    community college, college, or university.
19        (5) For the purposes of this subsection (c), "public
20    transportation agency" means a public or private agency
21    that provides for the transportation or conveyance of
22    persons by means available to the general public, except
23    for transportation by automobiles not used for conveyance
24    of the general public as passengers; and "public
25    transportation facility" means a terminal or other place
26    where one may obtain public transportation.

 

 

SB2257- 12 -LRB097 10285 RLC 50489 b

1    (d) The presence in an automobile other than a public
2omnibus of any weapon, instrument or substance referred to in
3subsection (a)(7) is prima facie evidence that it is in the
4possession of, and is being carried by, all persons occupying
5such automobile at the time such weapon, instrument or
6substance is found, except under the following circumstances:
7(i) if such weapon, instrument or instrumentality is found upon
8the person of one of the occupants therein; or (ii) if such
9weapon, instrument or substance is found in an automobile
10operated for hire by a duly licensed driver in the due, lawful
11and proper pursuit of his trade, then such presumption shall
12not apply to the driver.
13    (e) Exemptions. Crossbows, Common or Compound bows and
14Underwater Spearguns are exempted from the definition of
15ballistic knife as defined in paragraph (1) of subsection (a)
16of this Section.
17(Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09;
1895-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09;
1996-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)
 
20    (720 ILCS 5/24-2)
21    Sec. 24-2. Exemptions.
22    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
2324-1(a)(13) and Section 24-1.6 do not apply to or affect any of
24the following:
25        (1) Peace officers, and any person summoned by a peace

 

 

SB2257- 13 -LRB097 10285 RLC 50489 b

1    officer to assist in making arrests or preserving the
2    peace, while actually engaged in assisting such officer.
3        (2) Wardens, superintendents and keepers of prisons,
4    penitentiaries, jails and other institutions for the
5    detention of persons accused or convicted of an offense,
6    while in the performance of their official duty, or while
7    commuting between their homes and places of employment.
8        (3) Members of the Armed Services or Reserve Forces of
9    the United States or the Illinois National Guard or the
10    Reserve Officers Training Corps, while in the performance
11    of their official duty.
12        (4) Special agents employed by a railroad or a public
13    utility to perform police functions, and guards of armored
14    car companies, while actually engaged in the performance of
15    the duties of their employment or commuting between their
16    homes and places of employment; and watchmen while actually
17    engaged in the performance of the duties of their
18    employment.
19        (5) Persons licensed as private security contractors,
20    private detectives, or private alarm contractors, or
21    employed by an agency certified by the Department of
22    Professional Regulation, if their duties include the
23    carrying of a weapon under the provisions of the Private
24    Detective, Private Alarm, Private Security, Fingerprint
25    Vendor, and Locksmith Act of 2004, while actually engaged
26    in the performance of the duties of their employment or

 

 

SB2257- 14 -LRB097 10285 RLC 50489 b

1    commuting between their homes and places of employment,
2    provided that such commuting is accomplished within one
3    hour from departure from home or place of employment, as
4    the case may be. Persons exempted under this subdivision
5    (a)(5) shall be required to have completed a course of
6    study in firearms handling and training approved and
7    supervised by the Department of Professional Regulation as
8    prescribed by Section 28 of the Private Detective, Private
9    Alarm, Private Security, Fingerprint Vendor, and Locksmith
10    Act of 2004, prior to becoming eligible for this exemption.
11    The Department of Professional Regulation shall provide
12    suitable documentation demonstrating the successful
13    completion of the prescribed firearms training. Such
14    documentation shall be carried at all times when such
15    persons are in possession of a concealable weapon.
16        (6) Any person regularly employed in a commercial or
17    industrial operation as a security guard for the protection
18    of persons employed and private property related to such
19    commercial or industrial operation, while actually engaged
20    in the performance of his or her duty or traveling between
21    sites or properties belonging to the employer, and who, as
22    a security guard, is a member of a security force of at
23    least 5 persons registered with the Department of
24    Professional Regulation; provided that such security guard
25    has successfully completed a course of study, approved by
26    and supervised by the Department of Professional

 

 

SB2257- 15 -LRB097 10285 RLC 50489 b

1    Regulation, consisting of not less than 40 hours of
2    training that includes the theory of law enforcement,
3    liability for acts, and the handling of weapons. A person
4    shall be considered eligible for this exemption if he or
5    she has completed the required 20 hours of training for a
6    security officer and 20 hours of required firearm training,
7    and has been issued a firearm control card by the
8    Department of Professional Regulation. Conditions for the
9    renewal of firearm control cards issued under the
10    provisions of this Section shall be the same as for those
11    cards issued under the provisions of the Private Detective,
12    Private Alarm, Private Security, Fingerprint Vendor, and
13    Locksmith Act of 2004. Such firearm control card shall be
14    carried by the security guard at all times when he or she
15    is in possession of a concealable weapon.
16        (7) Agents and investigators of the Illinois
17    Legislative Investigating Commission authorized by the
18    Commission to carry the weapons specified in subsections
19    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
20    any investigation for the Commission.
21        (8) Persons employed by a financial institution for the
22    protection of other employees and property related to such
23    financial institution, while actually engaged in the
24    performance of their duties, commuting between their homes
25    and places of employment, or traveling between sites or
26    properties owned or operated by such financial

 

 

SB2257- 16 -LRB097 10285 RLC 50489 b

1    institution, provided that any person so employed has
2    successfully completed a course of study, approved by and
3    supervised by the Department of Professional Regulation,
4    consisting of not less than 40 hours of training which
5    includes theory of law enforcement, liability for acts, and
6    the handling of weapons. A person shall be considered to be
7    eligible for this exemption if he or she has completed the
8    required 20 hours of training for a security officer and 20
9    hours of required firearm training, and has been issued a
10    firearm control card by the Department of Professional
11    Regulation. Conditions for renewal of firearm control
12    cards issued under the provisions of this Section shall be
13    the same as for those issued under the provisions of the
14    Private Detective, Private Alarm, Private Security,
15    Fingerprint Vendor, and Locksmith Act of 2004. Such firearm
16    control card shall be carried by the person so trained at
17    all times when such person is in possession of a
18    concealable weapon. For purposes of this subsection,
19    "financial institution" means a bank, savings and loan
20    association, credit union or company providing armored car
21    services.
22        (9) Any person employed by an armored car company to
23    drive an armored car, while actually engaged in the
24    performance of his duties.
25        (10) Persons who have been classified as peace officers
26    pursuant to the Peace Officer Fire Investigation Act.

 

 

SB2257- 17 -LRB097 10285 RLC 50489 b

1        (11) Investigators of the Office of the State's
2    Attorneys Appellate Prosecutor authorized by the board of
3    governors of the Office of the State's Attorneys Appellate
4    Prosecutor to carry weapons pursuant to Section 7.06 of the
5    State's Attorneys Appellate Prosecutor's Act.
6        (12) Special investigators appointed by a State's
7    Attorney under Section 3-9005 of the Counties Code.
8        (12.5) Probation officers while in the performance of
9    their duties, or while commuting between their homes,
10    places of employment or specific locations that are part of
11    their assigned duties, with the consent of the chief judge
12    of the circuit for which they are employed.
13        (13) Court Security Officers while in the performance
14    of their official duties, or while commuting between their
15    homes and places of employment, with the consent of the
16    Sheriff.
17        (13.5) A person employed as an armed security guard at
18    a nuclear energy, storage, weapons or development site or
19    facility regulated by the Nuclear Regulatory Commission
20    who has completed the background screening and training
21    mandated by the rules and regulations of the Nuclear
22    Regulatory Commission.
23        (14) Manufacture, transportation, or sale of weapons
24    to persons authorized under subdivisions (1) through
25    (13.5) of this subsection to possess those weapons.
26    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

 

 

SB2257- 18 -LRB097 10285 RLC 50489 b

124-1.6 do not apply to or affect any of the following:
2        (1) Members of any club or organization organized for
3    the purpose of practicing shooting at targets upon
4    established target ranges, whether public or private, and
5    patrons of such ranges, while such members or patrons are
6    using their firearms on those target ranges.
7        (2) Duly authorized military or civil organizations
8    while parading, with the special permission of the
9    Governor.
10        (3) Hunters, trappers or fishermen with a license or
11    permit while engaged in hunting, trapping or fishing.
12        (4) Transportation of weapons that are broken down in a
13    non-functioning state or are not immediately accessible.
14        (5) Carrying or possessing any pistol, revolver, stun
15    gun or taser or other firearm on the land or in the legal
16    dwelling of another person as an invitee with that person's
17    permission.
18    (c) Subsection 24-1(a)(7) does not apply to or affect any
19of the following:
20        (1) Peace officers while in performance of their
21    official duties.
22        (2) Wardens, superintendents and keepers of prisons,
23    penitentiaries, jails and other institutions for the
24    detention of persons accused or convicted of an offense.
25        (3) Members of the Armed Services or Reserve Forces of
26    the United States or the Illinois National Guard, while in

 

 

SB2257- 19 -LRB097 10285 RLC 50489 b

1    the performance of their official duty.
2        (4) Manufacture, transportation, or sale of machine
3    guns or 50 caliber rifles to persons authorized under
4    subdivisions (1) through (3) of this subsection to possess
5    machine guns or 50 caliber rifles, if the machine guns or
6    50 caliber rifles are broken down in a non-functioning
7    state or are not immediately accessible.
8        (5) Persons licensed under federal law to manufacture
9    any weapon from which 8 or more shots or bullets can be
10    discharged by a single function of the firing device, 50
11    caliber rifles, or ammunition for such weapons, and
12    actually engaged in the business of manufacturing such
13    weapons or ammunition, but only with respect to activities
14    which are within the lawful scope of such business, such as
15    the manufacture, transportation, or testing of such
16    weapons or ammunition. This exemption does not authorize
17    the general private possession of any weapon from which 8
18    or more shots or bullets can be discharged by a single
19    function of the firing device or 50 caliber rifles, but
20    only such possession and activities as are within the
21    lawful scope of a licensed manufacturing business
22    described in this paragraph.
23        During transportation, such weapons shall be broken
24    down in a non-functioning state or not immediately
25    accessible.
26        (6) The manufacture, transport, testing, delivery,

 

 

SB2257- 20 -LRB097 10285 RLC 50489 b

1    transfer or sale, and all lawful commercial or experimental
2    activities necessary thereto, of rifles, shotguns, and
3    weapons made from rifles or shotguns, or ammunition for
4    such rifles, shotguns or weapons, where engaged in by a
5    person operating as a contractor or subcontractor pursuant
6    to a contract or subcontract for the development and supply
7    of such rifles, shotguns, weapons or ammunition to the
8    United States government or any branch of the Armed Forces
9    of the United States, when such activities are necessary
10    and incident to fulfilling the terms of such contract.
11        The exemption granted under this subdivision (c)(6)
12    shall also apply to any authorized agent of any such
13    contractor or subcontractor who is operating within the
14    scope of his employment, where such activities involving
15    such weapon, weapons or ammunition are necessary and
16    incident to fulfilling the terms of such contract.
17        During transportation, any such weapon shall be broken
18    down in a non-functioning state, or not immediately
19    accessible.
20    Subsection 24-1(a)(7) dealing with 50 caliber rifles does
21not apply to a person that possesses a 50 caliber rifle before
22the effective date of this amendatory Act of the 97th General
23Assembly. However, on or after the effective date of this
24amendatory Act of the 97th General Assembly, such person shall
25only be allowed to transfer a 50 caliber rifle to a dealer
26licensed as a federal firearms dealer under Section 923 of the

 

 

SB2257- 21 -LRB097 10285 RLC 50489 b

1federal Gun Control Act of 1968 (18 U.S.C. 923).
2    (d) Subsection 24-1(a)(1) does not apply to the purchase,
3possession or carrying of a black-jack or slung-shot by a peace
4officer.
5    (e) Subsection 24-1(a)(8) does not apply to any owner,
6manager or authorized employee of any place specified in that
7subsection nor to any law enforcement officer.
8    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
9Section 24-1.6 do not apply to members of any club or
10organization organized for the purpose of practicing shooting
11at targets upon established target ranges, whether public or
12private, while using their firearms on those target ranges.
13    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
14to:
15        (1) Members of the Armed Services or Reserve Forces of
16    the United States or the Illinois National Guard, while in
17    the performance of their official duty.
18        (2) Bonafide collectors of antique or surplus military
19    ordinance.
20        (3) Laboratories having a department of forensic
21    ballistics, or specializing in the development of
22    ammunition or explosive ordinance.
23        (4) Commerce, preparation, assembly or possession of
24    explosive bullets by manufacturers of ammunition licensed
25    by the federal government, in connection with the supply of
26    those organizations and persons exempted by subdivision

 

 

SB2257- 22 -LRB097 10285 RLC 50489 b

1    (g)(1) of this Section, or like organizations and persons
2    outside this State, or the transportation of explosive
3    bullets to any organization or person exempted in this
4    Section by a common carrier or by a vehicle owned or leased
5    by an exempted manufacturer.
6    (g-5) Subsection 24-1(a)(6) does not apply to or affect
7persons licensed under federal law to manufacture any device or
8attachment of any kind designed, used, or intended for use in
9silencing the report of any firearm, firearms, or ammunition
10for those firearms equipped with those devices, and actually
11engaged in the business of manufacturing those devices,
12firearms, or ammunition, but only with respect to activities
13that are within the lawful scope of that business, such as the
14manufacture, transportation, or testing of those devices,
15firearms, or ammunition. This exemption does not authorize the
16general private possession of any device or attachment of any
17kind designed, used, or intended for use in silencing the
18report of any firearm, but only such possession and activities
19as are within the lawful scope of a licensed manufacturing
20business described in this subsection (g-5). During
21transportation, those devices shall be detached from any weapon
22or not immediately accessible.
23    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
2424-1.6 do not apply to or affect any parole agent or parole
25supervisor who meets the qualifications and conditions
26prescribed in Section 3-14-1.5 of the Unified Code of

 

 

SB2257- 23 -LRB097 10285 RLC 50489 b

1Corrections.
2    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
324-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
4athlete's possession, transport on official Olympic and
5Paralympic transit systems established for athletes, or use of
6competition firearms sanctioned by the International Olympic
7Committee, the International Paralympic Committee, the
8International Shooting Sport Federation, or USA Shooting in
9connection with such athlete's training for and participation
10in shooting competitions at the 2016 Olympic and Paralympic
11Games and sanctioned test events leading up to the 2016 Olympic
12and Paralympic Games.
13    (h) An information or indictment based upon a violation of
14any subsection of this Article need not negative any exemptions
15contained in this Article. The defendant shall have the burden
16of proving such an exemption.
17    (i) Nothing in this Article shall prohibit, apply to, or
18affect the transportation, carrying, or possession, of any
19pistol or revolver, stun gun, taser, or other firearm consigned
20to a common carrier operating under license of the State of
21Illinois or the federal government, where such transportation,
22carrying, or possession is incident to the lawful
23transportation in which such common carrier is engaged; and
24nothing in this Article shall prohibit, apply to, or affect the
25transportation, carrying, or possession of any pistol,
26revolver, stun gun, taser, or other firearm, not the subject of

 

 

SB2257- 24 -LRB097 10285 RLC 50489 b

1and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
2this Article, which is unloaded and enclosed in a case, firearm
3carrying box, shipping box, or other container, by the
4possessor of a valid Firearm Owners Identification Card.
5(Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07;
695-885, eff. 1-1-09; 96-7, eff. 4-3-09; 96-230, eff. 1-1-10;
796-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)