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Full Text of SB0556  100th General Assembly

SB0556sam001 100TH GENERAL ASSEMBLY

Sen. Antonio Muņoz

Filed: 5/11/2017

 

 


 

 


 
10000SB0556sam001LRB100 04869 RLC 26307 a

1
AMENDMENT TO SENATE BILL 556

2    AMENDMENT NO. ______. Amend Senate Bill 556 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 2012 is amended by
5changing Sections 24-1 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

 

 

10000SB0556sam001- 2 -LRB100 04869 RLC 26307 a

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    which is either telescopic or constructed of a solid piece
2    of wood or other man-made material; or
3        (14) Carries or possesses on or about his or her
4    person, in any vehicle, or concealed on or about his or her
5    person any semi-automatic assault weapon.
6        In this paragraph (14), "semi-automatic assault
7    weapon" means:
8            (A) any of the firearms or types, replicas, or
9        duplicates regardless of caliber, known as:
10                (i) Norinco, Mitchell, and Poly Technologies
11            Avtomat Kalashnikovs (all models);
12                (ii) Action Arms Israeli Military Industries
13            UZI and Galil;
14                (iii) Beretta AR-70 (SC-70);
15                (iv) Colt AR-15;
16                (v) Fabrique Nationale FN/FAL, FN/LAR, and
17            FNC;
18                (vi) SWD M-10, M-11, M-11/9, and M-12;
19                (vii) Steyr AUG;
20                (viii) INTRATEC TEC-9, TEC-DC9, and TEC-22; or
21                (ix) any shotgun which contains its ammunition
22            in a revolving cylinder, such as (but not limited
23            to) the Street Sweeper and Striker 12;
24            (B) a semi-automatic rifle or pump action rifle
25        that has an ability to accept a detachable magazine and
26        has any of the following:

 

 

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1                (i) a folding or telescoping stock;
2                (ii) a pistol grip or thumbhole stock;
3                (iii) a shroud that is attached to, or
4            partially or completely encircles the barrel, and
5            that permits the shooter to hold the firearm with
6            the non-trigger hand without being burned;
7            (C) a semi-automatic pistol that has an ability to
8        accept a detachable magazine and has any of the
9        following:
10                (i) a folding, telescoping, or thumbhole
11            stock;
12                (ii) a shroud that is attached to, or partially
13            or completely encircles the barrel, and that
14            permits the shooter to hold the firearm with the
15            non-trigger hand without being burned; an
16            ammunition magazine that attaches to the pistol
17            outside of the pistol grip;
18                (iii) a manufactured weight of 50 ounces or
19            more when the pistol is unloaded; or
20                (iv) a semi-automatic version of an automatic
21            firearm;
22            (D) a semi-automatic rifle or pistol with a fixed
23        magazine that has the capacity to accept more than 10
24        rounds of ammunition;
25            (E) a semi-automatic shotgun that has any of the
26        following:

 

 

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1                (i) a folding or telescoping stock;
2                (ii) a pistol grip or thumbhole stock;
3                (iii) a fixed magazine capacity in excess of 5
4            rounds; or
5                (iv) an ability to accept a detachable
6            magazine.
7        "Semi-automatic assault weapon" does not include:
8            (A) any firearm that:
9                (i) is manually prepared by bolt, pump, lever,
10            or slide action;
11                (ii) is an unserviceable firearm or has been
12            made permanently inoperable;
13                (iii) is an antique firearm; or
14                (iv) is a rifle with a fixed tubular magazine
15            located under the barrel that is only capable of
16            holding rounds of ammunition placed end to end; or
17            (B) any air rifle as defined in Section 24.8-0.1 of
18        this Code.
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) commits a

 

 

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1Class 1 2 felony and shall be sentenced to a term of
2imprisonment of not less than 4 3 years and not more than 15 7
3years, unless the weapon is possessed in the passenger
4compartment of a motor vehicle as defined in Section 1-146 of
5the Illinois Vehicle Code, or on the person, while the weapon
6is loaded, in which case it shall be a Class X felony. A person
7convicted of a violation of subsection 24-1(a)(14) commits a
8Class 1 felony and shall be sentenced to a term of imprisonment
9of not less than 4 years and not more than 15 years. A person
10convicted of a second or subsequent violation of subsection
1124-1(a)(4), 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a
12Class 3 felony. The possession of each weapon in violation of
13this Section constitutes a single and separate violation.
14    (c) Violations in specific places.
15        (1) A person who violates subsection 24-1(a)(6) or
16    24-1(a)(7) in any school, regardless of the time of day or
17    the time of year, in residential property owned, operated
18    or managed by a public housing agency or leased by a public
19    housing agency as part of a scattered site or mixed-income
20    development, in a public park, in a courthouse, on the real
21    property comprising any school, regardless of the time of
22    day or the time of year, on residential property owned,
23    operated or managed by a public housing agency or leased by
24    a public housing agency as part of a scattered site or
25    mixed-income development, on the real property comprising
26    any public park, on the real property comprising any

 

 

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

 

 

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

 

 

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

 

 

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1    transportation facility" means a terminal or other place
2    where one may obtain public transportation.
3    (d) The presence in an automobile other than a public
4omnibus of any weapon, instrument or substance referred to in
5subsection (a)(7) is prima facie evidence that it is in the
6possession of, and is being carried by, all persons occupying
7such automobile at the time such weapon, instrument or
8substance is found, except under the following circumstances:
9(i) if such weapon, instrument or instrumentality is found upon
10the person of one of the occupants therein; or (ii) if such
11weapon, instrument or substance is found in an automobile
12operated for hire by a duly licensed driver in the due, lawful
13and proper pursuit of his trade, then such presumption shall
14not apply to the driver.
15    (e) Exemptions. Crossbows, Common or Compound bows and
16Underwater Spearguns are exempted from the definition of
17ballistic knife as defined in paragraph (1) of subsection (a)
18of this Section.
19(Source: P.A. 99-29, eff. 7-10-15.)
 
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 24-1(a)(14) and Section 24-1.6 do not apply to
24or affect any of the following:
25        (1) Peace officers, and any person summoned by a peace

 

 

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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 a private security contractor, private
22    detective, or private alarm contractor agency licensed by
23    the Department of Financial and Professional Regulation,
24    if their duties include the carrying of a weapon under the
25    provisions of the Private Detective, Private Alarm,
26    Private Security, Fingerprint Vendor, and Locksmith Act of

 

 

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1    2004, while actually engaged in the performance of the
2    duties of their employment or commuting between their homes
3    and places of employment. A person shall be considered
4    eligible for this exemption if he or she has completed the
5    required 20 hours of training for a private security
6    contractor, private detective, or private alarm
7    contractor, or employee of a licensed private security
8    contractor, private detective, or private alarm contractor
9    agency and 20 hours of required firearm training, and has
10    been issued a firearm control card by the Department of
11    Financial and Professional Regulation. Conditions for the
12    renewal of firearm control cards issued under the
13    provisions of this Section shall be the same as for those
14    cards issued under the provisions of the Private Detective,
15    Private Alarm, Private Security, Fingerprint Vendor, and
16    Locksmith Act of 2004. The firearm control card shall be
17    carried by the private security contractor, private
18    detective, or private alarm contractor, or employee of the
19    licensed private security contractor, private detective,
20    or private alarm contractor agency at all times when he or
21    she is in possession of a concealable weapon permitted by
22    his or her firearm control card.
23        (6) Any person regularly employed in a commercial or
24    industrial operation as a security guard for the protection
25    of persons employed and private property related to such
26    commercial or industrial operation, while actually engaged

 

 

10000SB0556sam001- 17 -LRB100 04869 RLC 26307 a

1    in the performance of his or her duty or traveling between
2    sites or properties belonging to the employer, and who, as
3    a security guard, is a member of a security force
4    registered with the Department of Financial and
5    Professional Regulation; provided that such security guard
6    has successfully completed a course of study, approved by
7    and supervised by the Department of Financial and
8    Professional Regulation, consisting of not less than 40
9    hours of training that includes the theory of law
10    enforcement, liability for acts, and the handling of
11    weapons. A person shall be considered eligible for this
12    exemption if he or she has completed the required 20 hours
13    of training for a security officer and 20 hours of required
14    firearm training, and has been issued a firearm control
15    card by the Department of Financial and Professional
16    Regulation. Conditions for the renewal of firearm control
17    cards issued under the provisions of this Section shall be
18    the same as for those cards issued under the provisions of
19    the Private Detective, Private Alarm, Private Security,
20    Fingerprint Vendor, and Locksmith Act of 2004. The firearm
21    control card shall be carried by the security guard at all
22    times when he or she is in possession of a concealable
23    weapon permitted by his or her firearm control card.
24        (7) Agents and investigators of the Illinois
25    Legislative Investigating Commission authorized by the
26    Commission to carry the weapons specified in subsections

 

 

10000SB0556sam001- 18 -LRB100 04869 RLC 26307 a

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

 

 

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1    shall be carried by the security guard at all times when he
2    or she is in possession of a concealable weapon permitted
3    by his or her firearm control card. For purposes of this
4    subsection, "financial institution" means a bank, savings
5    and loan association, credit union or company providing
6    armored car services.
7        (9) Any person employed by an armored car company to
8    drive an armored car, while actually engaged in the
9    performance of his duties.
10        (10) Persons who have been classified as peace officers
11    pursuant to the Peace Officer Fire Investigation Act.
12        (11) Investigators of the Office of the State's
13    Attorneys Appellate Prosecutor authorized by the board of
14    governors of the Office of the State's Attorneys Appellate
15    Prosecutor to carry weapons pursuant to Section 7.06 of the
16    State's Attorneys Appellate Prosecutor's Act.
17        (12) Special investigators appointed by a State's
18    Attorney under Section 3-9005 of the Counties Code.
19        (12.5) Probation officers while in the performance of
20    their duties, or while commuting between their homes,
21    places of employment or specific locations that are part of
22    their assigned duties, with the consent of the chief judge
23    of the circuit for which they are employed, if they have
24    received weapons training according to requirements of the
25    Peace Officer and Probation Officer Firearm Training Act.
26        (13) Court Security Officers while in the performance

 

 

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1    of their official duties, or while commuting between their
2    homes and places of employment, with the consent of the
3    Sheriff.
4        (13.5) A person employed as an armed security guard at
5    a nuclear energy, storage, weapons or development site or
6    facility regulated by the Nuclear Regulatory Commission
7    who has completed the background screening and training
8    mandated by the rules and regulations of the Nuclear
9    Regulatory Commission.
10        (14) Manufacture, transportation, or sale of weapons
11    to persons authorized under subdivisions (1) through
12    (13.5) of this subsection to possess those weapons.
13    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
14to or affect any person carrying a concealed pistol, revolver,
15or handgun and the person has been issued a currently valid
16license under the Firearm Concealed Carry Act at the time of
17the commission of the offense.
18    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1924-1.6 do not apply to or affect any of the following:
20        (1) Members of any club or organization organized for
21    the purpose of practicing shooting at targets upon
22    established target ranges, whether public or private, and
23    patrons of such ranges, while such members or patrons are
24    using their firearms on those target ranges.
25        (2) Duly authorized military or civil organizations
26    while parading, with the special permission of the

 

 

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1    Governor.
2        (3) Hunters, trappers or fishermen with a license or
3    permit while engaged in hunting, trapping or fishing.
4        (4) Transportation of weapons that are broken down in a
5    non-functioning state or are not immediately accessible.
6        (5) Carrying or possessing any pistol, revolver, stun
7    gun or taser or other firearm on the land or in the legal
8    dwelling of another person as an invitee with that person's
9    permission.
10    (c) Subsection 24-1(a)(7) does not apply to or affect any
11of the following:
12        (1) Peace officers while in performance of their
13    official duties.
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        (3) Members of the Armed Services or Reserve Forces of
18    the United States or the Illinois National Guard, while in
19    the performance of their official duty.
20        (4) Manufacture, transportation, or sale of machine
21    guns to persons authorized under subdivisions (1) through
22    (3) of this subsection to possess machine guns, if the
23    machine guns are broken down in a non-functioning state or
24    are not immediately accessible.
25        (5) Persons licensed under federal law to manufacture
26    any weapon from which 8 or more shots or bullets can be

 

 

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

 

 

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1        The exemption granted under this subdivision (c)(6)
2    shall also apply to any authorized agent of any such
3    contractor or subcontractor who is operating within the
4    scope of his employment, where such activities involving
5    such weapon, weapons or ammunition are necessary and
6    incident to fulfilling the terms of such contract.
7        (7) A person possessing a rifle with a barrel or
8    barrels less than 16 inches in length if: (A) the person
9    has been issued a Curios and Relics license from the U.S.
10    Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)
11    the person is an active member of a bona fide, nationally
12    recognized military re-enacting group and the modification
13    is required and necessary to accurately portray the weapon
14    for historical re-enactment purposes; the re-enactor is in
15    possession of a valid and current re-enacting group
16    membership credential; and the overall length of the weapon
17    as modified is not less than 26 inches.
18    (d) Subsection 24-1(a)(1) does not apply to the purchase,
19possession or carrying of a black-jack or slung-shot by a peace
20officer.
21    (e) Subsection 24-1(a)(8) does not apply to any owner,
22manager or authorized employee of any place specified in that
23subsection nor to any law enforcement officer.
24    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
25Section 24-1.6 do not apply to members of any club or
26organization organized for the purpose of practicing shooting

 

 

10000SB0556sam001- 24 -LRB100 04869 RLC 26307 a

1at targets upon established target ranges, whether public or
2private, while using their firearms on those target ranges.
3    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
4to:
5        (1) Members of the Armed Services or Reserve Forces of
6    the United States or the Illinois National Guard, while in
7    the performance of their official duty.
8        (2) Bonafide collectors of antique or surplus military
9    ordnance ordinance.
10        (3) Laboratories having a department of forensic
11    ballistics, or specializing in the development of
12    ammunition or explosive ordnance ordinance.
13        (4) Commerce, preparation, assembly or possession of
14    explosive bullets by manufacturers of ammunition licensed
15    by the federal government, in connection with the supply of
16    those organizations and persons exempted by subdivision
17    (g)(1) of this Section, or like organizations and persons
18    outside this State, or the transportation of explosive
19    bullets to any organization or person exempted in this
20    Section by a common carrier or by a vehicle owned or leased
21    by an exempted manufacturer.
22    (g-5) Subsection 24-1(a)(6) does not apply to or affect
23persons licensed under federal law to manufacture any device or
24attachment of any kind designed, used, or intended for use in
25silencing the report of any firearm, firearms, or ammunition
26for those firearms equipped with those devices, and actually

 

 

10000SB0556sam001- 25 -LRB100 04869 RLC 26307 a

1engaged in the business of manufacturing those devices,
2firearms, or ammunition, but only with respect to activities
3that are within the lawful scope of that business, such as the
4manufacture, transportation, or testing of those devices,
5firearms, or ammunition. This exemption does not authorize the
6general private possession of any device or attachment of any
7kind designed, used, or intended for use in silencing the
8report of any firearm, but only such possession and activities
9as are within the lawful scope of a licensed manufacturing
10business described in this subsection (g-5). During
11transportation, these devices shall be detached from any weapon
12or not immediately accessible.
13    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1424-1.6 do not apply to or affect any parole agent or parole
15supervisor who meets the qualifications and conditions
16prescribed in Section 3-14-1.5 of the Unified Code of
17Corrections.
18    (g-7) Subsection 24-1(a)(6) does not apply to a peace
19officer while serving as a member of a tactical response team
20or special operations team. A peace officer may not personally
21own or apply for ownership of a device or attachment of any
22kind designed, used, or intended for use in silencing the
23report of any firearm. These devices shall be owned and
24maintained by lawfully recognized units of government whose
25duties include the investigation of criminal acts.
26    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and

 

 

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124-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
2athlete's possession, transport on official Olympic and
3Paralympic transit systems established for athletes, or use of
4competition firearms sanctioned by the International Olympic
5Committee, the International Paralympic Committee, the
6International Shooting Sport Federation, or USA Shooting in
7connection with such athlete's training for and participation
8in shooting competitions at the 2016 Olympic and Paralympic
9Games and sanctioned test events leading up to the 2016 Olympic
10and Paralympic Games.
11    (h) An information or indictment based upon a violation of
12any subsection of this Article need not negative any exemptions
13contained in this Article. The defendant shall have the burden
14of proving such an exemption.
15    (i) Nothing in this Article shall prohibit, apply to, or
16affect the transportation, carrying, or possession, of any
17pistol or revolver, stun gun, taser, or other firearm consigned
18to a common carrier operating under license of the State of
19Illinois or the federal government, where such transportation,
20carrying, or possession is incident to the lawful
21transportation in which such common carrier is engaged; and
22nothing in this Article shall prohibit, apply to, or affect the
23transportation, carrying, or possession of any pistol,
24revolver, stun gun, taser, or other firearm, not the subject of
25and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
26this Article, which is unloaded and enclosed in a case, firearm

 

 

10000SB0556sam001- 27 -LRB100 04869 RLC 26307 a

1carrying box, shipping box, or other container, by the
2possessor of a valid Firearm Owners Identification Card.
3(Source: P.A. 98-63, eff. 7-9-13; 98-463, eff. 8-16-13; 98-725,
4eff. 1-1-15; 99-174, eff. 7-29-15; revised 10-6-16.)".