Illinois General Assembly - Full Text of HB3681
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Full Text of HB3681  100th General Assembly

HB3681 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3681

 

Introduced , by Rep. Brandon W. Phelps

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-1  from Ch. 38, par. 24-1
720 ILCS 5/24-1.6
720 ILCS 5/24-2

    Amends the Criminal Code of 2012. Provides that a person who has been issued a currently valid Firearm Owner's Identification Card may transport in a vehicle an accessible rifle, shotgun, or other long gun without the weapon being broken down in a non-functioning state or without the weapon being enclosed in a case, firearm carrying box, shipping box, or other container if the firearm is unloaded.


LRB100 10270 SLF 20456 b

 

 

A BILL FOR

 

HB3681LRB100 10270 SLF 20456 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 2012 is amended by changing
5Sections 24-1, 24-1.6, and 24-2 as follows:
 
6    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
7    Sec. 24-1. Unlawful use of weapons.
8    (a) A person commits the offense of unlawful use of weapons
9when he knowingly:
10        (1) Sells, manufactures, purchases, possesses or
11    carries any bludgeon, black-jack, slung-shot, sand-club,
12    sand-bag, metal knuckles or other knuckle weapon
13    regardless of its composition, throwing star, or any knife,
14    commonly referred to as a switchblade knife, which has a
15    blade that opens automatically by hand pressure applied to
16    a button, spring or other device in the handle of the
17    knife, or a ballistic knife, which is a device that propels
18    a knifelike blade as a projectile by means of a coil
19    spring, elastic material or compressed gas; or
20        (2) Carries or possesses with intent to use the same
21    unlawfully against another, a dagger, dirk, billy,
22    dangerous knife, razor, stiletto, broken bottle or other
23    piece of glass, stun gun or taser or any other dangerous or

 

 

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

 

 

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1                (iv) are carried or possessed in accordance
2            with the Firearm Concealed Carry Act by a person
3            who has been issued a currently valid license under
4            the Firearm Concealed Carry Act; or
5            (B) rifles, shotguns, or other long guns in a
6        vehicle by a person who has been issued a currently
7        valid Firearm Owner's Identification Card if the
8        firearms are unloaded; or
9        (5) Sets a spring gun; or
10        (6) Possesses any device or attachment of any kind
11    designed, used or intended for use in silencing the report
12    of any firearm; or
13        (7) Sells, manufactures, purchases, possesses or
14    carries:
15            (i) a machine gun, which shall be defined for the
16        purposes of this subsection as any weapon, which
17        shoots, is designed to shoot, or can be readily
18        restored to shoot, automatically more than one shot
19        without manually reloading by a single function of the
20        trigger, including the frame or receiver of any such
21        weapon, or sells, manufactures, purchases, possesses,
22        or carries any combination of parts designed or
23        intended for use in converting any weapon into a
24        machine gun, or any combination or parts from which a
25        machine gun can be assembled if such parts are in the
26        possession or under the control of a person;

 

 

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1            (ii) any rifle having one or more barrels less than
2        16 inches in length or a shotgun having one or more
3        barrels less than 18 inches in length or any weapon
4        made from a rifle or shotgun, whether by alteration,
5        modification, or otherwise, if such a weapon as
6        modified has an overall length of less than 26 inches;
7        or
8            (iii) any bomb, bomb-shell, grenade, bottle or
9        other container containing an explosive substance of
10        over one-quarter ounce for like purposes, such as, but
11        not limited to, black powder bombs and Molotov
12        cocktails or artillery projectiles; or
13        (8) Carries or possesses any firearm, stun gun or taser
14    or other deadly weapon in any place which is licensed to
15    sell intoxicating beverages, or at any public gathering
16    held pursuant to a license issued by any governmental body
17    or any public gathering at which an admission is charged,
18    excluding a place where a showing, demonstration or lecture
19    involving the exhibition of unloaded firearms is
20    conducted.
21        This subsection (a)(8) does not apply to any auction or
22    raffle of a firearm held pursuant to a license or permit
23    issued by a governmental body, nor does it apply to persons
24    engaged in firearm safety training courses; or
25        (9) Carries or possesses in a vehicle or on or about
26    his person any pistol, revolver, stun gun or taser or

 

 

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1    firearm or ballistic knife, when he is hooded, robed or
2    masked in such manner as to conceal his identity; or
3        (10) Carries or possesses on or about his person, upon
4    any public street, alley, or other public lands within the
5    corporate limits of a city, village or incorporated town,
6    except when an invitee thereon or therein, for the purpose
7    of the display of such weapon or the lawful commerce in
8    weapons, or except when on his land or in his own abode,
9    legal dwelling, or fixed place of business, or on the land
10    or in the legal dwelling of another person as an invitee
11    with that person's permission, any pistol, revolver, stun
12    gun or taser or other firearm, except that this subsection
13    (a) (10) does not apply to or affect transportation of
14    weapons as provided in subsection 24-1(a)(4)(B) or that
15    meet one of the following conditions:
16            (i) are broken down in a non-functioning state; or
17            (ii) are not immediately accessible; or
18            (iii) are unloaded and enclosed in a case, firearm
19        carrying box, shipping box, or other container by a
20        person who has been issued a currently valid Firearm
21        Owner's Identification Card; or
22            (iv) are carried or possessed in accordance with
23        the Firearm Concealed Carry Act by a person who has
24        been issued a currently valid license under the Firearm
25        Concealed Carry Act.
26        A "stun gun or taser", as used in this paragraph (a)

 

 

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1    means (i) any device which is powered by electrical
2    charging units, such as, batteries, and which fires one or
3    several barbs attached to a length of wire and which, upon
4    hitting a human, can send out a current capable of
5    disrupting the person's nervous system in such a manner as
6    to render him incapable of normal functioning or (ii) any
7    device which is powered by electrical charging units, such
8    as batteries, and which, upon contact with a human or
9    clothing worn by a human, can send out current capable of
10    disrupting the person's nervous system in such a manner as
11    to render him incapable of normal functioning; or
12        (11) Sells, manufactures or purchases any explosive
13    bullet. For purposes of this paragraph (a) "explosive
14    bullet" means the projectile portion of an ammunition
15    cartridge which contains or carries an explosive charge
16    which will explode upon contact with the flesh of a human
17    or an animal. "Cartridge" means a tubular metal case having
18    a projectile affixed at the front thereof and a cap or
19    primer at the rear end thereof, with the propellant
20    contained in such tube between the projectile and the cap;
21    or
22        (12) (Blank); or
23        (13) Carries or possesses on or about his or her person
24    while in a building occupied by a unit of government, a
25    billy club, other weapon of like character, or other
26    instrument of like character intended for use as a weapon.

 

 

HB3681- 7 -LRB100 10270 SLF 20456 b

1    For the purposes of this Section, "billy club" means a
2    short stick or club commonly carried by police officers
3    which is either telescopic or constructed of a solid piece
4    of wood or other man-made material.
5    (b) Sentence. A person convicted of a violation of
6subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
7subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
8Class A misdemeanor. A person convicted of a violation of
9subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
10person convicted of a violation of subsection 24-1(a)(6) or
1124-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
12convicted of a violation of subsection 24-1(a)(7)(i) commits a
13Class 2 felony and shall be sentenced to a term of imprisonment
14of not less than 3 years and not more than 7 years, unless the
15weapon is possessed in the passenger compartment of a motor
16vehicle as defined in Section 1-146 of the Illinois Vehicle
17Code, or on the person, while the weapon is loaded, in which
18case it shall be a Class X felony. A person convicted of a
19second or subsequent violation of subsection 24-1(a)(4),
2024-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
21felony. The possession of each weapon in violation of this
22Section constitutes a single and separate violation.
23    (c) Violations in specific places.
24        (1) A person who violates subsection 24-1(a)(6) or
25    24-1(a)(7) in any school, regardless of the time of day or
26    the time of year, in residential property owned, operated

 

 

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

 

 

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

 

 

HB3681- 10 -LRB100 10270 SLF 20456 b

1    residential property owned, operated or managed by a public
2    housing agency or leased by a public housing agency as part
3    of a scattered site or mixed-income development, on the
4    real property comprising any public park, on the real
5    property comprising any courthouse, in any conveyance
6    owned, leased or contracted by a school to transport
7    students to or from school or a school related activity, in
8    any conveyance owned, leased, or contracted by a public
9    transportation agency, or on any public way within 1,000
10    feet of the real property comprising any school, public
11    park, courthouse, public transportation facility, or
12    residential property owned, operated, or managed by a
13    public housing agency or leased by a public housing agency
14    as part of a scattered site or mixed-income development
15    commits a Class 4 felony. "Courthouse" means any building
16    that is used by the Circuit, Appellate, or Supreme Court of
17    this State for the conduct of official business.
18        (3) Paragraphs (1), (1.5), and (2) of this subsection
19    (c) shall not apply to law enforcement officers or security
20    officers of such school, college, or university or to
21    students carrying or possessing firearms for use in
22    training courses, parades, hunting, target shooting on
23    school ranges, or otherwise with the consent of school
24    authorities and which firearms are transported unloaded
25    enclosed in a suitable case, box, or transportation
26    package.

 

 

HB3681- 11 -LRB100 10270 SLF 20456 b

1        (4) For the purposes of this subsection (c), "school"
2    means any public or private elementary or secondary school,
3    community college, college, or university.
4        (5) For the purposes of this subsection (c), "public
5    transportation agency" means a public or private agency
6    that provides for the transportation or conveyance of
7    persons by means available to the general public, except
8    for transportation by automobiles not used for conveyance
9    of the general public as passengers; and "public
10    transportation facility" means a terminal or other place
11    where one may obtain public transportation.
12    (d) The presence in an automobile other than a public
13omnibus of any weapon, instrument or substance referred to in
14subsection (a)(7) is prima facie evidence that it is in the
15possession of, and is being carried by, all persons occupying
16such automobile at the time such weapon, instrument or
17substance is found, except under the following circumstances:
18(i) if such weapon, instrument or instrumentality is found upon
19the person of one of the occupants therein; or (ii) if such
20weapon, instrument or substance is found in an automobile
21operated for hire by a duly licensed driver in the due, lawful
22and proper pursuit of his trade, then such presumption shall
23not apply to the driver.
24    (e) Exemptions. Crossbows, Common or Compound bows and
25Underwater Spearguns are exempted from the definition of
26ballistic knife as defined in paragraph (1) of subsection (a)

 

 

HB3681- 12 -LRB100 10270 SLF 20456 b

1of this Section.
2(Source: P.A. 99-29, eff. 7-10-15.)
 
3    (720 ILCS 5/24-1.6)
4    Sec. 24-1.6. Aggravated unlawful use of a weapon.
5    (a) A person commits the offense of aggravated unlawful use
6of a weapon when he or she knowingly:
7        (1) Carries on or about his or her person or in any
8    vehicle or concealed on or about his or her person except
9    when on his or her land or in his or her abode, legal
10    dwelling, or fixed place of business, or on the land or in
11    the legal dwelling of another person as an invitee with
12    that person's permission, any pistol, revolver, stun gun or
13    taser or other firearm; or
14        (2) Carries or possesses on or about his or her person,
15    upon any public street, alley, or other public lands within
16    the corporate limits of a city, village or incorporated
17    town, except when an invitee thereon or therein, for the
18    purpose of the display of such weapon or the lawful
19    commerce in weapons, or except when on his or her own land
20    or in his or her own abode, legal dwelling, or fixed place
21    of business, or on the land or in the legal dwelling of
22    another person as an invitee with that person's permission,
23    any pistol, revolver, stun gun or taser or other firearm;
24    and
25        (3) One of the following factors is present:

 

 

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1            (A) the firearm, other than a pistol, revolver, or
2        handgun, possessed was uncased, loaded, and
3        immediately accessible at the time of the offense; or
4            (A-5) the pistol, revolver, or handgun possessed
5        was uncased, loaded, and immediately accessible at the
6        time of the offense and the person possessing the
7        pistol, revolver, or handgun has not been issued a
8        currently valid license under the Firearm Concealed
9        Carry Act; or
10            (B) the firearm, other than a pistol, revolver, or
11        handgun, possessed was uncased, unloaded, and the
12        ammunition for the weapon was immediately accessible
13        at the time of the offense; or
14            (B-5) the pistol, revolver, or handgun possessed
15        was uncased, unloaded, and the ammunition for the
16        weapon was immediately accessible at the time of the
17        offense and the person possessing the pistol,
18        revolver, or handgun has not been issued a currently
19        valid license under the Firearm Concealed Carry Act; or
20            (C) the person possessing the firearm has not been
21        issued a currently valid Firearm Owner's
22        Identification Card; or
23            (D) the person possessing the weapon was
24        previously adjudicated a delinquent minor under the
25        Juvenile Court Act of 1987 for an act that if committed
26        by an adult would be a felony; or

 

 

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1            (E) the person possessing the weapon was engaged in
2        a misdemeanor violation of the Cannabis Control Act, in
3        a misdemeanor violation of the Illinois Controlled
4        Substances Act, or in a misdemeanor violation of the
5        Methamphetamine Control and Community Protection Act;
6        or
7            (F) (blank); or
8            (G) the person possessing the weapon had an a order
9        of protection issued against him or her within the
10        previous 2 years; or
11            (H) the person possessing the weapon was engaged in
12        the commission or attempted commission of a
13        misdemeanor involving the use or threat of violence
14        against the person or property of another; or
15            (I) the person possessing the weapon was under 21
16        years of age and in possession of a handgun, unless the
17        person under 21 is engaged in lawful activities under
18        the Wildlife Code or described in subsection
19        24-2(b)(1), (b)(3), or 24-2(f).
20    (a-5) "Handgun" as used in this Section has the meaning
21given to it in Section 5 of the Firearm Concealed Carry Act.
22    (b) "Stun gun or taser" as used in this Section has the
23same definition given to it in Section 24-1 of this Code.
24    (c) This Section does not apply to or affect the
25transportation or possession of weapons as provided in
26subsection 24-1(a)(4)(B) or that:

 

 

HB3681- 15 -LRB100 10270 SLF 20456 b

1        (i) are broken down in a non-functioning state; or
2        (ii) are not immediately accessible; or
3        (iii) are unloaded and enclosed in a case, firearm
4    carrying box, shipping box, or other container by a person
5    who has been issued a currently valid Firearm Owner's
6    Identification Card.
7    (d) Sentence.
8         (1) Aggravated unlawful use of a weapon is a Class 4
9    felony; a second or subsequent offense is a Class 2 felony
10    for which the person shall be sentenced to a term of
11    imprisonment of not less than 3 years and not more than 7
12    years.
13        (2) Except as otherwise provided in paragraphs (3) and
14    (4) of this subsection (d), a first offense of aggravated
15    unlawful use of a weapon committed with a firearm by a
16    person 18 years of age or older where the factors listed in
17    both items (A) and (C) or both items (A-5) and (C) of
18    paragraph (3) of subsection (a) are present is a Class 4
19    felony, for which the person shall be sentenced to a term
20    of imprisonment of not less than one year and not more than
21    3 years.
22        (3) Aggravated unlawful use of a weapon by a person who
23    has been previously convicted of a felony in this State or
24    another jurisdiction is a Class 2 felony for which the
25    person shall be sentenced to a term of imprisonment of not
26    less than 3 years and not more than 7 years.

 

 

HB3681- 16 -LRB100 10270 SLF 20456 b

1        (4) Aggravated unlawful use of a weapon while wearing
2    or in possession of body armor as defined in Section 33F-1
3    by a person who has not been issued a valid Firearms
4    Owner's Identification Card in accordance with Section 5 of
5    the Firearm Owners Identification Card Act is a Class X
6    felony.
7    (e) The possession of each firearm in violation of this
8Section constitutes a single and separate violation.
9(Source: P.A. 98-63, eff. 7-9-13; revised 10-6-16.)
 
10    (720 ILCS 5/24-2)
11    Sec. 24-2. Exemptions.
12    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
1324-1(a)(13) and Section 24-1.6 do not apply to or affect any of
14the following:
15        (1) Peace officers, and any person summoned by a peace
16    officer to assist in making arrests or preserving the
17    peace, while actually engaged in assisting such officer.
18        (2) Wardens, superintendents and keepers of prisons,
19    penitentiaries, jails and other institutions for the
20    detention of persons accused or convicted of an offense,
21    while in the performance of their official duty, or while
22    commuting between their homes and places of employment.
23        (3) Members of the Armed Services or Reserve Forces of
24    the United States or the Illinois National Guard or the
25    Reserve Officers Training Corps, while in the performance

 

 

HB3681- 17 -LRB100 10270 SLF 20456 b

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

 

 

HB3681- 18 -LRB100 10270 SLF 20456 b

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

 

 

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1    weapons. A person shall be considered eligible for this
2    exemption if he or she has completed the required 20 hours
3    of training for a security officer and 20 hours of required
4    firearm training, and has been issued a firearm control
5    card by the Department of Financial and Professional
6    Regulation. Conditions for the renewal of firearm control
7    cards issued under the provisions of this Section shall be
8    the same as for those cards issued under the provisions of
9    the Private Detective, Private Alarm, Private Security,
10    Fingerprint Vendor, and Locksmith Act of 2004. The firearm
11    control card shall be carried by the security guard at all
12    times when he or she is in possession of a concealable
13    weapon permitted by his or her firearm control card.
14        (7) Agents and investigators of the Illinois
15    Legislative Investigating Commission authorized by the
16    Commission to carry the weapons specified in subsections
17    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
18    any investigation for the Commission.
19        (8) Persons employed by a financial institution as a
20    security guard for the protection of other employees and
21    property related to such financial institution, while
22    actually engaged in the performance of their duties,
23    commuting between their homes and places of employment, or
24    traveling between sites or properties owned or operated by
25    such financial institution, and who, as a security guard,
26    is a member of a security force registered with the

 

 

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

 

 

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

 

 

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1    to persons authorized under subdivisions (1) through
2    (13.5) of this subsection to possess those weapons.
3    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
4to or affect any person carrying a concealed pistol, revolver,
5or handgun and the person has been issued a currently valid
6license under the Firearm Concealed Carry Act at the time of
7the commission of the offense.
8    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
924-1.6 do not apply to or affect any of the following:
10        (1) Members of any club or organization organized for
11    the purpose of practicing shooting at targets upon
12    established target ranges, whether public or private, and
13    patrons of such ranges, while such members or patrons are
14    using their firearms on those target ranges.
15        (2) Duly authorized military or civil organizations
16    while parading, with the special permission of the
17    Governor.
18        (3) Hunters, trappers or fishermen with a license or
19    permit while engaged in hunting, trapping or fishing.
20        (4) Transportation of weapons that are broken down in a
21    non-functioning state or are not immediately accessible.
22        (5) Carrying or possessing any pistol, revolver, stun
23    gun or taser or other firearm on the land or in the legal
24    dwelling of another person as an invitee with that person's
25    permission.
26    (c) Subsection 24-1(a)(7) does not apply to or affect any

 

 

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1of the following:
2        (1) Peace officers while in performance of their
3    official duties.
4        (2) Wardens, superintendents and keepers of prisons,
5    penitentiaries, jails and other institutions for the
6    detention of persons accused or convicted of an offense.
7        (3) Members of the Armed Services or Reserve Forces of
8    the United States or the Illinois National Guard, while in
9    the performance of their official duty.
10        (4) Manufacture, transportation, or sale of machine
11    guns to persons authorized under subdivisions (1) through
12    (3) of this subsection to possess machine guns, if the
13    machine guns are broken down in a non-functioning state or
14    are not immediately accessible.
15        (5) Persons licensed under federal law to manufacture
16    any weapon from which 8 or more shots or bullets can be
17    discharged by a single function of the firing device, or
18    ammunition for such weapons, and actually engaged in the
19    business of manufacturing such weapons or ammunition, but
20    only with respect to activities which are within the lawful
21    scope of such business, such as the manufacture,
22    transportation, or testing of such weapons or ammunition.
23    This exemption does not authorize the general private
24    possession of any weapon from which 8 or more shots or
25    bullets can be discharged by a single function of the
26    firing device, but only such possession and activities as

 

 

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1    are within the lawful scope of a licensed manufacturing
2    business described in this paragraph.
3        During transportation, such weapons shall be broken
4    down in a non-functioning state or not immediately
5    accessible.
6        (6) The manufacture, transport, testing, delivery,
7    transfer or sale, and all lawful commercial or experimental
8    activities necessary thereto, of rifles, shotguns, and
9    weapons made from rifles or shotguns, or ammunition for
10    such rifles, shotguns or weapons, where engaged in by a
11    person operating as a contractor or subcontractor pursuant
12    to a contract or subcontract for the development and supply
13    of such rifles, shotguns, weapons or ammunition to the
14    United States government or any branch of the Armed Forces
15    of the United States, when such activities are necessary
16    and incident to fulfilling the terms of such contract.
17        The exemption granted under this subdivision (c)(6)
18    shall also apply to any authorized agent of any such
19    contractor or subcontractor who is operating within the
20    scope of his employment, where such activities involving
21    such weapon, weapons or ammunition are necessary and
22    incident to fulfilling the terms of such contract.
23        (7) A person possessing a rifle with a barrel or
24    barrels less than 16 inches in length if: (A) the person
25    has been issued a Curios and Relics license from the U.S.
26    Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)

 

 

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1    the person is an active member of a bona fide, nationally
2    recognized military re-enacting group and the modification
3    is required and necessary to accurately portray the weapon
4    for historical re-enactment purposes; the re-enactor is in
5    possession of a valid and current re-enacting group
6    membership credential; and the overall length of the weapon
7    as modified is not less than 26 inches.
8    (d) Subsection 24-1(a)(1) does not apply to the purchase,
9possession or carrying of a black-jack or slung-shot by a peace
10officer.
11    (e) Subsection 24-1(a)(8) does not apply to any owner,
12manager or authorized employee of any place specified in that
13subsection nor to any law enforcement officer.
14    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
15Section 24-1.6 do not apply to members of any club or
16organization organized for the purpose of practicing shooting
17at targets upon established target ranges, whether public or
18private, while using their firearms on those target ranges.
19    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
20to:
21        (1) Members of the Armed Services or Reserve Forces of
22    the United States or the Illinois National Guard, while in
23    the performance of their official duty.
24        (2) Bonafide collectors of antique or surplus military
25    ordnance ordinance.
26        (3) Laboratories having a department of forensic

 

 

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1    ballistics, or specializing in the development of
2    ammunition or explosive ordnance ordinance.
3        (4) Commerce, preparation, assembly or possession of
4    explosive bullets by manufacturers of ammunition licensed
5    by the federal government, in connection with the supply of
6    those organizations and persons exempted by subdivision
7    (g)(1) of this Section, or like organizations and persons
8    outside this State, or the transportation of explosive
9    bullets to any organization or person exempted in this
10    Section by a common carrier or by a vehicle owned or leased
11    by an exempted manufacturer.
12    (g-5) Subsection 24-1(a)(6) does not apply to or affect
13persons licensed under federal law to manufacture any device or
14attachment of any kind designed, used, or intended for use in
15silencing the report of any firearm, firearms, or ammunition
16for those firearms equipped with those devices, and actually
17engaged in the business of manufacturing those devices,
18firearms, or ammunition, but only with respect to activities
19that are within the lawful scope of that business, such as the
20manufacture, transportation, or testing of those devices,
21firearms, or ammunition. This exemption does not authorize the
22general private possession of any device or attachment of any
23kind designed, used, or intended for use in silencing the
24report of any firearm, but only such possession and activities
25as are within the lawful scope of a licensed manufacturing
26business described in this subsection (g-5). During

 

 

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1transportation, these devices shall be detached from any weapon
2or not immediately accessible.
3    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
424-1.6 do not apply to or affect any parole agent or parole
5supervisor who meets the qualifications and conditions
6prescribed in Section 3-14-1.5 of the Unified Code of
7Corrections.
8    (g-7) Subsection 24-1(a)(6) does not apply to a peace
9officer while serving as a member of a tactical response team
10or special operations team. A peace officer may not personally
11own or apply for ownership of a device or attachment of any
12kind designed, used, or intended for use in silencing the
13report of any firearm. These devices shall be owned and
14maintained by lawfully recognized units of government whose
15duties include the investigation of criminal acts.
16    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
1724-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
18athlete's possession, transport on official Olympic and
19Paralympic transit systems established for athletes, or use of
20competition firearms sanctioned by the International Olympic
21Committee, the International Paralympic Committee, the
22International Shooting Sport Federation, or USA Shooting in
23connection with such athlete's training for and participation
24in shooting competitions at the 2016 Olympic and Paralympic
25Games and sanctioned test events leading up to the 2016 Olympic
26and Paralympic Games.

 

 

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1    (h) An information or indictment based upon a violation of
2any subsection of this Article need not negative any exemptions
3contained in this Article. The defendant shall have the burden
4of proving such an exemption.
5    (i) Nothing in this Article shall prohibit, apply to, or
6affect the transportation, carrying, or possession, of any
7pistol or revolver, stun gun, taser, or other firearm consigned
8to a common carrier operating under license of the State of
9Illinois or the federal government, where such transportation,
10carrying, or possession is incident to the lawful
11transportation in which such common carrier is engaged; and
12nothing in this Article shall prohibit, apply to, or affect the
13transportation, carrying, or possession of any pistol,
14revolver, stun gun, taser, or other firearm, not the subject of
15and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
16this Article, which is unloaded and enclosed in a case, firearm
17carrying box, shipping box, or other container, by the
18possessor of a valid Firearm Owners Identification Card; and
19nothing in this Article shall prohibit, apply to, or affect the
20transportation of any rifle, shotgun, or other long gun in a
21vehicle by a person who has been issued a currently valid
22Firearm Owner's Identification Card if the firearm is unloaded.
23(Source: P.A. 98-63, eff. 7-9-13; 98-463, eff. 8-16-13; 98-725,
24eff. 1-1-15; 99-174, eff. 7-29-15; revised 10-6-16.)