Full Text of SB0556 100th General Assembly
SB0556sam001 100TH GENERAL ASSEMBLY | Sen. Antonio Muñoz Filed: 5/11/2017
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| 1 | | AMENDMENT TO SENATE BILL 556
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 556 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal Code of 2012 is amended by | 5 | | changing 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 | 9 | | when
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 |
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| 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 | 20 | | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| 21 | | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | 22 | | Class A
misdemeanor.
A person convicted of a violation of | 23 | | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a | 24 | | person
convicted of a violation of subsection 24-1(a)(6) or | 25 | | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | 26 | | convicted of a violation of subsection
24-1(a)(7)(i) commits a |
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| 1 | | Class 1 2 felony and shall be sentenced to a term of | 2 | | imprisonment of not less than 4 3 years and not more than 15 7 | 3 | | years, unless the weapon is possessed in the
passenger | 4 | | compartment of a motor vehicle as defined in Section 1-146 of | 5 | | the
Illinois Vehicle Code, or on the person, while the weapon | 6 | | is loaded, in which
case it shall be a Class X felony. A person | 7 | | convicted of a violation of subsection
24-1(a)(14) commits a | 8 | | Class 1 felony and shall be sentenced to a term of imprisonment | 9 | | of not less than 4 years and not more than 15 years. A person | 10 | | convicted of a
second or subsequent violation of subsection | 11 | | 24-1(a)(4), 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a | 12 | | Class 3 felony. The possession of each weapon in violation of | 13 | | this 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 | 4 | | omnibus of any
weapon, instrument or substance referred to in | 5 | | subsection (a)(7) is
prima facie evidence that it is in the | 6 | | possession of, and is being
carried by, all persons occupying | 7 | | such automobile at the time such
weapon, instrument or | 8 | | substance is found, except under the following
circumstances: | 9 | | (i) if such weapon, instrument or instrumentality is
found upon | 10 | | the person of one of the occupants therein; or (ii) if such
| 11 | | weapon, instrument or substance is found in an automobile | 12 | | operated for
hire by a duly licensed driver in the due, lawful | 13 | | and proper pursuit of
his trade, then such presumption shall | 14 | | not apply to the driver.
| 15 | | (e) Exemptions. Crossbows, Common or Compound bows and | 16 | | Underwater
Spearguns are exempted from the definition of | 17 | | ballistic knife as defined in
paragraph (1) of subsection (a) | 18 | | of 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 | 23 | | 24-1(a)(13) , and 24-1(a)(14) and Section
24-1.6 do not apply to
| 24 | | or 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 |
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| 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 |
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| 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 | 14 | | to
or affect any person carrying a concealed pistol, revolver, | 15 | | or handgun and the person has been issued a currently valid | 16 | | license under the Firearm Concealed Carry Act at the time of | 17 | | the commission of the offense. | 18 | | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | 19 | | 24-1.6 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 | 11 | | of 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, | 19 | | possession
or carrying of a black-jack or slung-shot by a peace | 20 | | officer.
| 21 | | (e) Subsection 24-1(a)(8) does not apply to any owner, | 22 | | manager or
authorized employee of any place specified in that | 23 | | subsection nor to any
law enforcement officer.
| 24 | | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | 25 | | Section 24-1.6
do not apply
to members of any club or | 26 | | organization organized for the purpose of practicing
shooting |
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| 1 | | at targets upon established target ranges, whether public or | 2 | | private,
while using their firearms on those target ranges.
| 3 | | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | 4 | | to:
| 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 | 23 | | persons licensed
under federal law to manufacture any device or | 24 | | attachment of any kind designed,
used, or intended for use in | 25 | | silencing the report of any firearm, firearms, or
ammunition
| 26 | | for those firearms equipped with those devices, and actually |
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| 1 | | engaged in the
business of manufacturing those devices, | 2 | | firearms, or ammunition, but only with
respect to
activities | 3 | | that are within the lawful scope of that business, such as the
| 4 | | manufacture, transportation, or testing of those devices, | 5 | | firearms, or
ammunition. This
exemption does not authorize the | 6 | | general private possession of any device or
attachment of any | 7 | | kind designed, used, or intended for use in silencing the
| 8 | | report of any firearm, but only such possession and activities | 9 | | as are within
the
lawful scope of a licensed manufacturing | 10 | | business described in this subsection
(g-5). During | 11 | | transportation, these devices shall be detached from any weapon
| 12 | | or
not immediately accessible.
| 13 | | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| 14 | | 24-1.6 do not apply to
or affect any parole agent or parole | 15 | | supervisor who meets the qualifications and conditions | 16 | | prescribed in Section 3-14-1.5 of the Unified Code of | 17 | | Corrections. | 18 | | (g-7) Subsection 24-1(a)(6) does not apply to a peace | 19 | | officer while serving as a member of a tactical response team | 20 | | or special operations team. A peace officer may not personally | 21 | | own or apply for ownership of a device or attachment of any | 22 | | kind designed, used, or intended for use in silencing the | 23 | | report of any firearm. These devices shall be owned and | 24 | | maintained by lawfully recognized units of government whose | 25 | | duties include the investigation of criminal acts. | 26 | | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and |
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| 1 | | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | 2 | | athlete's possession, transport on official Olympic and | 3 | | Paralympic transit systems established for athletes, or use of | 4 | | competition firearms sanctioned by the International Olympic | 5 | | Committee, the International Paralympic Committee, the | 6 | | International Shooting Sport Federation, or USA Shooting in | 7 | | connection with such athlete's training for and participation | 8 | | in shooting competitions at the 2016 Olympic and Paralympic | 9 | | Games and sanctioned test events leading up to the 2016 Olympic | 10 | | and Paralympic Games. | 11 | | (h) An information or indictment based upon a violation of | 12 | | any
subsection of this Article need not negative any exemptions | 13 | | contained in
this Article. The defendant shall have the burden | 14 | | of proving such an
exemption.
| 15 | | (i) Nothing in this Article shall prohibit, apply to, or | 16 | | affect
the transportation, carrying, or possession, of any | 17 | | pistol or revolver,
stun gun, taser, or other firearm consigned | 18 | | to a common carrier operating
under license of the State of | 19 | | Illinois or the federal government, where
such transportation, | 20 | | carrying, or possession is incident to the lawful
| 21 | | transportation in which such common carrier is engaged; and | 22 | | nothing in this
Article shall prohibit, apply to, or affect the | 23 | | transportation, carrying,
or possession of any pistol, | 24 | | revolver, stun gun, taser, or other firearm,
not the subject of | 25 | | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | 26 | | this Article, which is unloaded and enclosed in a case, firearm
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| 1 | | carrying box, shipping box, or other container, by the | 2 | | possessor 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, | 4 | | eff. 1-1-15; 99-174, eff. 7-29-15; revised 10-6-16.)".
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