98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1382

 

Introduced 2/6/2013, by Sen. William R. Haine

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-2

    Amends the Criminal Code of 2012. Provides that a unit of local government, including a home rule unit, may not regulate the transportation of firearms and may not regulate the transportation of ammunition, components, accessories, or accoutrements for firearms. Provides that the provisions of any ordinance or resolution adopted by any unit of local government that imposes restrictions or limitations on the transportation of firearms and ammunition, components, accessories, and accoutrements of firearms in a manner other than those that are imposed by this amendatory Act are invalid and all those existing ordinances and resolutions are void. Provides that this provision is a limitation of home rule powers under subsection (h) of Section 6 of Article VII of the Illinois Constitution. Effective immediately.


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HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 2012 is amended by changing
5Section 24-2 as follows:
 
6    (720 ILCS 5/24-2)
7    Sec. 24-2. Exemptions.
8    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
924-1(a)(13) and Section 24-1.6 do not apply to or affect any of
10the following:
11        (1) Peace officers, and any person summoned by a peace
12    officer to assist in making arrests or preserving the
13    peace, while actually engaged in assisting such officer.
14        (2) Wardens, superintendents and keepers of prisons,
15    penitentiaries, jails and other institutions for the
16    detention of persons accused or convicted of an offense,
17    while in the performance of their official duty, or while
18    commuting between their homes and places of employment.
19        (3) Members of the Armed Services or Reserve Forces of
20    the United States or the Illinois National Guard or the
21    Reserve Officers Training Corps, while in the performance
22    of their official duty.
23        (4) Special agents employed by a railroad or a public

 

 

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1    utility to perform police functions, and guards of armored
2    car companies, while actually engaged in the performance of
3    the duties of their employment or commuting between their
4    homes and places of employment; and watchmen while actually
5    engaged in the performance of the duties of their
6    employment.
7        (5) Persons licensed as private security contractors,
8    private detectives, or private alarm contractors, or
9    employed by an agency certified by the Department of
10    Financial and Professional Regulation, if their duties
11    include the carrying of a weapon under the provisions of
12    the Private Detective, Private Alarm, Private Security,
13    Fingerprint Vendor, and Locksmith Act of 2004, while
14    actually engaged in the performance of the duties of their
15    employment or commuting between their homes and places of
16    employment, provided that such commuting is accomplished
17    within one hour from departure from home or place of
18    employment, as the case may be. A person shall be
19    considered eligible for this exemption if he or she has
20    completed the required 20 hours of training for a private
21    security contractor, private detective, or private alarm
22    contractor, or employee of a licensed agency and 20 hours
23    of required firearm training, and has been issued a firearm
24    control card by the Department of Financial and
25    Professional Regulation. Conditions for the renewal of
26    firearm control cards issued under the provisions of this

 

 

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1    Section shall be the same as for those cards issued under
2    the provisions of the Private Detective, Private Alarm,
3    Private Security, Fingerprint Vendor, and Locksmith Act of
4    2004. The firearm control card shall be carried by the
5    private security contractor, private detective, or private
6    alarm contractor, or employee of the licensed agency at all
7    times when he or she is in possession of a concealable
8    weapon.
9        (6) Any person regularly employed in a commercial or
10    industrial operation as a security guard for the protection
11    of persons employed and private property related to such
12    commercial or industrial operation, while actually engaged
13    in the performance of his or her duty or traveling between
14    sites or properties belonging to the employer, and who, as
15    a security guard, is a member of a security force of at
16    least 5 persons registered with the Department of Financial
17    and Professional Regulation; provided that such security
18    guard has successfully completed a course of study,
19    approved by and supervised by the Department of Financial
20    and Professional Regulation, consisting of not less than 40
21    hours of training that includes the theory of law
22    enforcement, liability for acts, and the handling of
23    weapons. A person shall be considered eligible for this
24    exemption if he or she has completed the required 20 hours
25    of training for a security officer and 20 hours of required
26    firearm training, and has been issued a firearm control

 

 

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

 

 

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1    shall be considered to be eligible for this exemption if he
2    or she has completed the required 20 hours of training for
3    a security officer and 20 hours of required firearm
4    training, and has been issued a firearm control card by the
5    Department of Financial and Professional Regulation.
6    Conditions for renewal of firearm control cards issued
7    under the provisions of this Section shall be the same as
8    for those issued under the provisions of the Private
9    Detective, Private Alarm, Private Security, Fingerprint
10    Vendor, and Locksmith Act of 2004. Such firearm control
11    card shall be carried by the person so trained at all times
12    when such person is in possession of a concealable weapon.
13    For purposes of this subsection, "financial institution"
14    means a bank, savings and loan association, credit union or
15    company providing armored car services.
16        (9) Any person employed by an armored car company to
17    drive an armored car, while actually engaged in the
18    performance of his duties.
19        (10) Persons who have been classified as peace officers
20    pursuant to the Peace Officer Fire Investigation Act.
21        (11) Investigators of the Office of the State's
22    Attorneys Appellate Prosecutor authorized by the board of
23    governors of the Office of the State's Attorneys Appellate
24    Prosecutor to carry weapons pursuant to Section 7.06 of the
25    State's Attorneys Appellate Prosecutor's Act.
26        (12) Special investigators appointed by a State's

 

 

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1    Attorney under Section 3-9005 of the Counties Code.
2        (12.5) Probation officers while in the performance of
3    their duties, or while commuting between their homes,
4    places of employment or specific locations that are part of
5    their assigned duties, with the consent of the chief judge
6    of the circuit for which they are employed.
7        (13) Court Security Officers while in the performance
8    of their official duties, or while commuting between their
9    homes and places of employment, with the consent of the
10    Sheriff.
11        (13.5) A person employed as an armed security guard at
12    a nuclear energy, storage, weapons or development site or
13    facility regulated by the Nuclear Regulatory Commission
14    who has completed the background screening and training
15    mandated by the rules and regulations of the Nuclear
16    Regulatory Commission.
17        (14) Manufacture, transportation, or sale of weapons
18    to persons authorized under subdivisions (1) through
19    (13.5) of this subsection to possess those weapons.
20    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
2124-1.6 do not apply to or affect any of the following:
22        (1) Members of any club or organization organized for
23    the purpose of practicing shooting at targets upon
24    established target ranges, whether public or private, and
25    patrons of such ranges, while such members or patrons are
26    using their firearms on those target ranges.

 

 

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1        (2) Duly authorized military or civil organizations
2    while parading, with the special permission of the
3    Governor.
4        (3) Hunters, trappers or fishermen with a license or
5    permit while engaged in hunting, trapping or fishing.
6        (4) Transportation of weapons that are broken down in a
7    non-functioning state or are not immediately accessible.
8        (5) Carrying or possessing any pistol, revolver, stun
9    gun or taser or other firearm on the land or in the legal
10    dwelling of another person as an invitee with that person's
11    permission.
12    (c) Subsection 24-1(a)(7) does not apply to or affect any
13of the following:
14        (1) Peace officers while in performance of their
15    official duties.
16        (2) Wardens, superintendents and keepers of prisons,
17    penitentiaries, jails and other institutions for the
18    detention of persons accused or convicted of an offense.
19        (3) Members of the Armed Services or Reserve Forces of
20    the United States or the Illinois National Guard, while in
21    the performance of their official duty.
22        (4) Manufacture, transportation, or sale of machine
23    guns to persons authorized under subdivisions (1) through
24    (3) of this subsection to possess machine guns, if the
25    machine guns are broken down in a non-functioning state or
26    are not immediately accessible.

 

 

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1        (5) Persons licensed under federal law to manufacture
2    any weapon from which 8 or more shots or bullets can be
3    discharged by a single function of the firing device, or
4    ammunition for such weapons, and actually engaged in the
5    business of manufacturing such weapons or ammunition, but
6    only with respect to activities which are within the lawful
7    scope of such business, such as the manufacture,
8    transportation, or testing of such weapons or ammunition.
9    This exemption does not authorize the general private
10    possession of any weapon from which 8 or more shots or
11    bullets can be discharged by a single function of the
12    firing device, but only such possession and activities as
13    are within the lawful scope of a licensed manufacturing
14    business described in this paragraph.
15        During transportation, such weapons shall be broken
16    down in a non-functioning state or not immediately
17    accessible.
18        (6) The manufacture, transport, testing, delivery,
19    transfer or sale, and all lawful commercial or experimental
20    activities necessary thereto, of rifles, shotguns, and
21    weapons made from rifles or shotguns, or ammunition for
22    such rifles, shotguns or weapons, where engaged in by a
23    person operating as a contractor or subcontractor pursuant
24    to a contract or subcontract for the development and supply
25    of such rifles, shotguns, weapons or ammunition to the
26    United States government or any branch of the Armed Forces

 

 

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1    of the United States, when such activities are necessary
2    and incident to fulfilling the terms of such contract.
3        The exemption granted under this subdivision (c)(6)
4    shall also apply to any authorized agent of any such
5    contractor or subcontractor who is operating within the
6    scope of his employment, where such activities involving
7    such weapon, weapons or ammunition are necessary and
8    incident to fulfilling the terms of such contract.
9        During transportation, any such weapon shall be broken
10    down in a non-functioning state, or not immediately
11    accessible.
12        (7) A person possessing a rifle with a barrel or
13    barrels less than 16 inches in length if: (A) the person
14    has been issued a Curios and Relics license from the U.S.
15    Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)
16    the person is an active member of a bona fide, nationally
17    recognized military re-enacting group and the modification
18    is required and necessary to accurately portray the weapon
19    for historical re-enactment purposes; the re-enactor is in
20    possession of a valid and current re-enacting group
21    membership credential; and the overall length of the weapon
22    as modified is not less than 26 inches.
23        During transportation, any such weapon shall be broken
24    down in a non-functioning state, or not immediately
25    accessible.
26    (d) Subsection 24-1(a)(1) does not apply to the purchase,

 

 

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

 

 

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1    bullets to any organization or person exempted in this
2    Section by a common carrier or by a vehicle owned or leased
3    by an exempted manufacturer.
4    (g-5) Subsection 24-1(a)(6) does not apply to or affect
5persons licensed under federal law to manufacture any device or
6attachment of any kind designed, used, or intended for use in
7silencing the report of any firearm, firearms, or ammunition
8for those firearms equipped with those devices, and actually
9engaged in the business of manufacturing those devices,
10firearms, or ammunition, but only with respect to activities
11that are within the lawful scope of that business, such as the
12manufacture, transportation, or testing of those devices,
13firearms, or ammunition. This exemption does not authorize the
14general private possession of any device or attachment of any
15kind designed, used, or intended for use in silencing the
16report of any firearm, but only such possession and activities
17as are within the lawful scope of a licensed manufacturing
18business described in this subsection (g-5). During
19transportation, these devices shall be detached from any weapon
20or not immediately accessible.
21    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
2224-1.6 do not apply to or affect any parole agent or parole
23supervisor who meets the qualifications and conditions
24prescribed in Section 3-14-1.5 of the Unified Code of
25Corrections.
26    (g-7) Subsection 24-1(a)(6) does not apply to a peace

 

 

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1officer while serving as a member of a tactical response team
2or special operations team. A peace officer may not personally
3own or apply for ownership of a device or attachment of any
4kind designed, used, or intended for use in silencing the
5report of any firearm. These devices shall be owned and
6maintained by lawfully recognized units of government whose
7duties include the investigation of criminal acts.
8    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
924-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
10athlete's possession, transport on official Olympic and
11Paralympic transit systems established for athletes, or use of
12competition firearms sanctioned by the International Olympic
13Committee, the International Paralympic Committee, the
14International Shooting Sport Federation, or USA Shooting in
15connection with such athlete's training for and participation
16in shooting competitions at the 2016 Olympic and Paralympic
17Games and sanctioned test events leading up to the 2016 Olympic
18and Paralympic Games.
19    (h) An information or indictment based upon a violation of
20any subsection of this Article need not negative any exemptions
21contained in this Article. The defendant shall have the burden
22of proving such an exemption.
23    (i) (1) Nothing in this Article shall prohibit, apply to,
24or affect the transportation, carrying, or possession, of any
25pistol or revolver, stun gun, taser, or other firearm consigned
26to a common carrier operating under license of the State of

 

 

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1Illinois or the federal government, where such transportation,
2carrying, or possession is incident to the lawful
3transportation in which such common carrier is engaged; and
4nothing in this Article shall prohibit, apply to, or affect the
5transportation, carrying, or possession of any pistol,
6revolver, stun gun, taser, or other firearm, not the subject of
7and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
8this Article, which is unloaded and enclosed in a case, firearm
9carrying box, shipping box, or other container, by the
10possessor of a valid Firearm Owners Identification Card.
11    (2) The regulation of the transportation of firearms and
12the transportation of ammunition, components, accessories, or
13accoutrements for firearms are exclusive powers and functions
14of the State. A unit of local government, including a home rule
15unit, may not regulate the transportation of firearms and may
16not regulate the transportation of ammunition, components,
17accessories, or accoutrements for firearms.
18    (3) The provisions of any ordinance or resolution adopted
19by any unit of local government that imposes restrictions or
20limitations on the transportation of firearms and ammunition,
21components, accessories, and accoutrements of firearms in a
22manner other than those that are imposed by this amendatory Act
23of the 98th General Assembly are invalid and all those existing
24ordinances and resolutions are void.
25    (4) This subsection (i) is a limitation of home rule powers
26under subsection (h) of Section 6 of Article VII of the

 

 

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1Illinois Constitution.
2(Source: P.A. 96-7, eff. 4-3-09; 96-230, eff. 1-1-10; 96-742,
3eff. 8-25-09; 96-1000, eff. 7-2-10; 97-465, eff. 8-22-11;
497-676, eff. 6-1-12; 97-936, eff. 1-1-13; 97-1010, eff. 1-1-13;
5revised 8-23-12.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.