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90_HB1208eng
720 ILCS 5/24-2 from Ch. 38, par. 24-2
Amends the Criminal Code of 1961. Exempts a peace
officer while in performance of his or her official duties
from the unlawful use of weapons violation if the officer
carries or possesses in a vehicle or on or about his or her
person a firearm or ballistic knife while hooded, robed, or
masked to conceal the officer's identity. Effective
immediately.
LRB9004306RCpc
HB1208 Engrossed LRB9004306RCpc
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 24-2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 24-2 as follows:
7 (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
8 (Text of Section before amendment by P.A. 89-685)
9 Sec. 24-2. Exemptions.
10 (a) Subsections 24-1(a)(3), 24-1(a)(4) and 24-1(a)(10)
11 do not apply to or affect any of the following:
12 (1) Peace officers, and any person summoned by a
13 peace officer to assist in making arrests or preserving
14 the peace, while actually engaged in assisting such
15 officer.
16 (2) Wardens, superintendents and keepers of
17 prisons, penitentiaries, jails and other institutions for
18 the detention of persons accused or convicted of an
19 offense, while in the performance of their official duty,
20 or while commuting between their homes and places of
21 employment.
22 (3) Members of the Armed Services or Reserve Forces
23 of the United States or the Illinois National Guard or
24 the Reserve Officers Training Corps, while in the
25 performance of their official duty.
26 (4) Special agents employed by a railroad or a
27 public utility to perform police functions, and guards of
28 armored car companies, while actually engaged in the
29 performance of the duties of their employment or
30 commuting between their homes and places of employment;
31 and watchmen while actually engaged in the performance of
HB1208 Engrossed -2- LRB9004306RCpc
1 the duties of their employment.
2 (5) Persons licensed as private security
3 contractors, private detectives, or private alarm
4 contractors, or employed by an agency certified by the
5 Department of Professional Regulation, if their duties
6 include the carrying of a weapon under the provisions of
7 the Private Detective, Private Alarm, and Private
8 Security Act of 1983, while actually engaged in the
9 performance of the duties of their employment or
10 commuting between their homes and places of employment,
11 provided that such commuting is accomplished within one
12 hour from departure from home or place of employment, as
13 the case may be. Persons exempted under this subdivision
14 (a)(5) shall be required to have completed a course of
15 study in firearms handling and training approved and
16 supervised by the Department of Professional Regulation
17 as prescribed by Section 28 of the Private Detective,
18 Private Alarm, and Private Security Act of 1983, prior to
19 becoming eligible for this exemption. The Department of
20 Professional Regulation shall provide suitable
21 documentation demonstrating the successful completion of
22 the prescribed firearms training. Such documentation
23 shall be carried at all times when such persons are in
24 possession of a concealable weapon.
25 (6) Any person regularly employed in a commercial
26 or industrial operation as a security guard for the
27 protection of persons employed and private property
28 related to such commercial or industrial operation, while
29 actually engaged in the performance of his or her duty or
30 traveling between sites or properties belonging to the
31 employer, and who, as a security guard, is a member of a
32 security force of at least 5 persons registered with the
33 Department of Professional Regulation; provided that such
34 security guard has successfully completed a course of
HB1208 Engrossed -3- LRB9004306RCpc
1 study, approved by and supervised by the Department of
2 Professional Regulation, consisting of not less than 40
3 hours of training that includes the theory of law
4 enforcement, liability for acts, and the handling of
5 weapons. A person shall be considered eligible for this
6 exemption if he or she has completed the required 20
7 hours of training for a security officer and 20 hours of
8 required firearm training, and has been issued a firearm
9 authorization card by the Department of Professional
10 Regulation. Conditions for the renewal of firearm
11 authorization cards issued under the provisions of this
12 Section shall be the same as for those cards issued under
13 the provisions of the Private Detective, Private Alarm
14 and Private Security Act of 1983. Such firearm
15 authorization card shall be carried by the security guard
16 at all times when he or she is in possession of a
17 concealable weapon.
18 (7) Agents and investigators of the Illinois
19 Legislative Investigating Commission authorized by the
20 Commission to carry the weapons specified in subsections
21 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
22 any investigation for the Commission.
23 (8) Persons employed by a financial institution for
24 the protection of other employees and property related to
25 such financial institution, while actually engaged in the
26 performance of their duties, commuting between their
27 homes and places of employment, or traveling between
28 sites or properties owned or operated by such financial
29 institution, provided that any person so employed has
30 successfully completed a course of study, approved by and
31 supervised by the Department of Professional Regulation,
32 consisting of not less than 40 hours of training which
33 includes theory of law enforcement, liability for acts,
34 and the handling of weapons. A person shall be considered
HB1208 Engrossed -4- LRB9004306RCpc
1 to be eligible for this exemption if he or she has
2 completed the required 20 hours of training for a
3 security officer and 20 hours of required firearm
4 training, and has been issued a firearm authorization
5 card by the Department of Professional Regulation.
6 Conditions for renewal of firearm authorization cards
7 issued under the provisions of this Section shall be the
8 same as for those issued under the provisions of the
9 Private Detective, Private Alarm and Private Security Act
10 of 1983. Such firearm authorization card shall be
11 carried by the person so trained at all times when such
12 person is in possession of a concealable weapon. For
13 purposes of this subsection, "financial institution"
14 means a bank, savings and loan association, credit union
15 or company providing armored car services.
16 (9) Any person employed by an armored car company
17 to drive an armored car, while actually engaged in the
18 performance of his duties.
19 (10) Persons who have been classified as peace
20 officers pursuant to the Peace Officer Fire Investigation
21 Act.
22 (11) Investigators of the Office of the State's
23 Attorneys Appellate Prosecutor authorized by the board of
24 governors of the Office of the State's Attorneys
25 Appellate Prosecutor to carry weapons pursuant to Section
26 7.06 of the State's Attorneys Appellate Prosecutor's Act.
27 (12) Special investigators appointed by a State's
28 Attorney under Section 3-9005 of the Counties Code.
29 (13) Manufacture, transportation, or sale of
30 weapons to persons authorized under subdivisions (1)
31 through (12) of this subsection to possess those weapons.
32 (a-5) Subsection 24-1(a)(9) does not apply to or affect
33 a peace officer while in performance of his or her official
34 duties.
HB1208 Engrossed -5- LRB9004306RCpc
1 (b) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
2 to or affect any of the following:
3 (1) Members of any club or organization organized
4 for the purpose of practicing shooting at targets upon
5 established target ranges, whether public or private, and
6 patrons of such ranges, while such members or patrons are
7 using their firearms on those target ranges.
8 (2) Duly authorized military or civil organizations
9 while parading, with the special permission of the
10 Governor.
11 (3) Licensed hunters, trappers or fishermen while
12 engaged in hunting, trapping or fishing.
13 (4) Transportation of weapons that are broken down
14 in a non-functioning state or are not immediately
15 accessible.
16 (c) Subsection 24-1(a)(7) does not apply to or affect
17 any of the following:
18 (1) Peace officers while in performance of their
19 official duties.
20 (2) Wardens, superintendents and keepers of
21 prisons, penitentiaries, jails and other institutions for
22 the detention of persons accused or convicted of an
23 offense.
24 (3) Members of the Armed Services or Reserve Forces
25 of the United States or the Illinois National Guard,
26 while in the performance of their official duty.
27 (4) Manufacture, transportation, or sale of machine
28 guns to persons authorized under subdivisions (1) through
29 (3) of this subsection to possess machine guns, if the
30 machine guns are broken down in a non-functioning state
31 or are not immediately accessible.
32 (5) Persons licensed under federal law to
33 manufacture any weapon from which 8 or more shots or
34 bullets can be discharged by a single function of the
HB1208 Engrossed -6- LRB9004306RCpc
1 firing device, or ammunition for such weapons, and
2 actually engaged in the business of manufacturing such
3 weapons or ammunition, but only with respect to
4 activities which are within the lawful scope of such
5 business, such as the manufacture, transportation, or
6 testing of such weapons or ammunition. This exemption
7 does not authorize the general private possession of any
8 weapon from which 8 or more shots or bullets can be
9 discharged by a single function of the firing device, but
10 only such possession and activities as are within the
11 lawful scope of a licensed manufacturing business
12 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
18 experimental activities necessary thereto, of rifles,
19 shotguns, and weapons made from rifles or shotguns, or
20 ammunition for such rifles, shotguns or weapons, where
21 engaged in by a person operating as a contractor or
22 subcontractor pursuant to a contract or subcontract for
23 the development and supply of such rifles, shotguns,
24 weapons or ammunition to the United States government or
25 any branch of the Armed Forces of the United States, when
26 such activities are necessary and incident to fulfilling
27 the terms of such contract.
28 The exemption granted under this subdivision (c)(6)
29 shall also apply to any authorized agent of any such
30 contractor or subcontractor who is operating within the
31 scope of his employment, where such activities involving
32 such weapon, weapons or ammunition are necessary and
33 incident to fulfilling the terms of such contract.
34 During transportation, any such weapon shall be
HB1208 Engrossed -7- LRB9004306RCpc
1 broken down in a non-functioning state, or not
2 immediately accessible.
3 (d) Subsection 24-1(a)(1) does not apply to the
4 purchase, possession or carrying of a black-jack or
5 slung-shot by a peace officer.
6 (e) Subsection 24-1(a)(8) does not apply to any owner,
7 manager or authorized employee of any place specified in that
8 subsection nor to any law enforcement officer.
9 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) do
10 not apply to members of any club or organization organized
11 for the purpose of practicing shooting at targets upon
12 established target ranges, whether public or private, while
13 using their firearms on those target ranges.
14 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not
15 apply to:
16 (1) Members of the Armed Services or Reserve Forces
17 of the United States or the Illinois National Guard,
18 while in the performance of their official duty.
19 (2) Bonafide collectors of antique or surplus
20 military ordinance.
21 (3) Laboratories having a department of forensic
22 ballistics, or specializing in the development of
23 ammunition or explosive ordinance.
24 (4) Commerce, preparation, assembly or possession
25 of explosive bullets by manufacturers of ammunition
26 licensed by the federal government, in connection with
27 the supply of those organizations and persons exempted by
28 subdivision (g)(1) of this Section, or like organizations
29 and persons outside this State, or the transportation of
30 explosive bullets to any organization or person exempted
31 in this Section by a common carrier or by a vehicle owned
32 or leased by an exempted manufacturer.
33 (h) An information or indictment based upon a violation
34 of any subsection of this Article need not negative any
HB1208 Engrossed -8- LRB9004306RCpc
1 exemptions contained in this Article. The defendant shall
2 have the burden of proving such an exemption.
3 (i) Nothing in this Article shall prohibit, apply to, or
4 affect the transportation, carrying, or possession, of any
5 pistol or revolver, stun gun, taser, or other firearm
6 consigned to a common carrier operating under license of the
7 State of Illinois or the federal government, where such
8 transportation, carrying, or possession is incident to the
9 lawful transportation in which such common carrier is
10 engaged; and nothing in this Article shall prohibit, apply
11 to, or affect the transportation, carrying, or possession of
12 any pistol, revolver, stun gun, taser, or other firearm, not
13 the subject of and regulated by subsection 24-1(a)(7) or
14 subsection 24-2(c) of this Article, which is unloaded and
15 enclosed in a case, firearm carrying box, shipping box, or
16 other container, by the possessor of a valid Firearm Owners
17 Identification Card.
18 (Source: P.A. 87-435; 87-845; 87-895.)
19 (Text of Section after amendment by P.A. 89-685)
20 Sec. 24-2. Exemptions.
21 (a) Subsections 24-1(a)(3), 24-1(a)(4) and 24-1(a)(10)
22 do not apply to or affect any of the following:
23 (1) Peace officers, and any person summoned by a
24 peace officer to assist in making arrests or preserving
25 the peace, while actually engaged in assisting such
26 officer.
27 (2) Wardens, superintendents and keepers of
28 prisons, penitentiaries, jails and other institutions for
29 the detention of persons accused or convicted of an
30 offense, while in the performance of their official duty,
31 or while commuting between their homes and places of
32 employment.
33 (3) Members of the Armed Services or Reserve Forces
34 of the United States or the Illinois National Guard or
HB1208 Engrossed -9- LRB9004306RCpc
1 the Reserve Officers Training Corps, while in the
2 performance of their official duty.
3 (4) Special agents employed by a railroad or a
4 public utility to perform police functions, and guards of
5 armored car companies, while actually engaged in the
6 performance of the duties of their employment or
7 commuting between their homes and places of employment;
8 and watchmen while actually engaged in the performance of
9 the duties of their employment.
10 (5) Persons licensed as private security
11 contractors, private detectives, or private alarm
12 contractors, or employed by an agency certified by the
13 Department of Professional Regulation, if their duties
14 include the carrying of a weapon under the provisions of
15 the Private Detective, Private Alarm, and Private
16 Security Act of 1983, while actually engaged in the
17 performance of the duties of their employment or
18 commuting between their homes and places of employment,
19 provided that such commuting is accomplished within one
20 hour from departure from home or place of employment, as
21 the case may be. Persons exempted under this subdivision
22 (a)(5) shall be required to have completed a course of
23 study in firearms handling and training approved and
24 supervised by the Department of Professional Regulation
25 as prescribed by Section 28 of the Private Detective,
26 Private Alarm, and Private Security Act of 1983, prior to
27 becoming eligible for this exemption. The Department of
28 Professional Regulation shall provide suitable
29 documentation demonstrating the successful completion of
30 the prescribed firearms training. Such documentation
31 shall be carried at all times when such persons are in
32 possession of a concealable weapon.
33 (6) Any person regularly employed in a commercial
34 or industrial operation as a security guard for the
HB1208 Engrossed -10- LRB9004306RCpc
1 protection of persons employed and private property
2 related to such commercial or industrial operation, while
3 actually engaged in the performance of his or her duty or
4 traveling between sites or properties belonging to the
5 employer, and who, as a security guard, is a member of a
6 security force of at least 5 persons registered with the
7 Department of Professional Regulation; provided that such
8 security guard has successfully completed a course of
9 study, approved by and supervised by the Department of
10 Professional Regulation, consisting of not less than 40
11 hours of training that includes the theory of law
12 enforcement, liability for acts, and the handling of
13 weapons. A person shall be considered eligible for this
14 exemption if he or she has completed the required 20
15 hours of training for a security officer and 20 hours of
16 required firearm training, and has been issued a firearm
17 authorization card by the Department of Professional
18 Regulation. Conditions for the renewal of firearm
19 authorization cards issued under the provisions of this
20 Section shall be the same as for those cards issued under
21 the provisions of the Private Detective, Private Alarm
22 and Private Security Act of 1983. Such firearm
23 authorization card shall be carried by the security guard
24 at all times when he or she is in possession of a
25 concealable weapon.
26 (7) Agents and investigators of the Illinois
27 Legislative Investigating Commission authorized by the
28 Commission to carry the weapons specified in subsections
29 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
30 any investigation for the Commission.
31 (8) Persons employed by a financial institution for
32 the protection of other employees and property related to
33 such financial institution, while actually engaged in the
34 performance of their duties, commuting between their
HB1208 Engrossed -11- LRB9004306RCpc
1 homes and places of employment, or traveling between
2 sites or properties owned or operated by such financial
3 institution, provided that any person so employed has
4 successfully completed a course of study, approved by and
5 supervised by the Department of Professional Regulation,
6 consisting of not less than 40 hours of training which
7 includes theory of law enforcement, liability for acts,
8 and the handling of weapons. A person shall be considered
9 to be eligible for this exemption if he or she has
10 completed the required 20 hours of training for a
11 security officer and 20 hours of required firearm
12 training, and has been issued a firearm authorization
13 card by the Department of Professional Regulation.
14 Conditions for renewal of firearm authorization cards
15 issued under the provisions of this Section shall be the
16 same as for those issued under the provisions of the
17 Private Detective, Private Alarm and Private Security Act
18 of 1983. Such firearm authorization card shall be
19 carried by the person so trained at all times when such
20 person is in possession of a concealable weapon. For
21 purposes of this subsection, "financial institution"
22 means a bank, savings and loan association, credit union
23 or company providing armored car services.
24 (9) Any person employed by an armored car company
25 to drive an armored car, while actually engaged in the
26 performance of his duties.
27 (10) Persons who have been classified as peace
28 officers pursuant to the Peace Officer Fire Investigation
29 Act.
30 (11) Investigators of the Office of the State's
31 Attorneys Appellate Prosecutor authorized by the board of
32 governors of the Office of the State's Attorneys
33 Appellate Prosecutor to carry weapons pursuant to Section
34 7.06 of the State's Attorneys Appellate Prosecutor's Act.
HB1208 Engrossed -12- LRB9004306RCpc
1 (12) Special investigators appointed by a State's
2 Attorney under Section 3-9005 of the Counties Code.
3 (13) Court Security Officers while in the
4 performance of their official duties, or while commuting
5 between their homes and places of employment, with the
6 consent of the Sheriff.
7 (14) Manufacture, transportation, or sale of
8 weapons to persons authorized under subdivisions (1)
9 through (13) of this subsection to possess those weapons.
10 (a-5) Subsection 24-1(a)(9) does not apply to or affect
11 a peace officer while in performance of his or her official
12 duties.
13 (b) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
14 to or affect any of the following:
15 (1) Members of any club or organization organized
16 for the purpose of practicing shooting at targets upon
17 established target ranges, whether public or private, and
18 patrons of such ranges, while such members or patrons are
19 using their firearms on those target ranges.
20 (2) Duly authorized military or civil organizations
21 while parading, with the special permission of the
22 Governor.
23 (3) Licensed hunters, trappers or fishermen while
24 engaged in hunting, trapping or fishing.
25 (4) Transportation of weapons that are broken down
26 in a non-functioning state or are not immediately
27 accessible.
28 (c) Subsection 24-1(a)(7) does not apply to or affect
29 any of the following:
30 (1) Peace officers while in performance of their
31 official duties.
32 (2) Wardens, superintendents and keepers of
33 prisons, penitentiaries, jails and other institutions for
34 the detention of persons accused or convicted of an
HB1208 Engrossed -13- LRB9004306RCpc
1 offense.
2 (3) Members of the Armed Services or Reserve Forces
3 of the United States or the Illinois National Guard,
4 while in the performance of their official duty.
5 (4) Manufacture, transportation, or sale of machine
6 guns to persons authorized under subdivisions (1) through
7 (3) of this subsection to possess machine guns, if the
8 machine guns are broken down in a non-functioning state
9 or are not immediately accessible.
10 (5) Persons licensed under federal law to
11 manufacture any weapon from which 8 or more shots or
12 bullets can be discharged by a single function of the
13 firing device, or ammunition for such weapons, and
14 actually engaged in the business of manufacturing such
15 weapons or ammunition, but only with respect to
16 activities which are within the lawful scope of such
17 business, such as the manufacture, transportation, or
18 testing of such weapons or ammunition. This exemption
19 does not authorize the general private possession of any
20 weapon from which 8 or more shots or bullets can be
21 discharged by a single function of the firing device, but
22 only such possession and activities as are within the
23 lawful scope of a licensed manufacturing business
24 described in this paragraph.
25 During transportation, such weapons shall be broken
26 down in a non-functioning state or not immediately
27 accessible.
28 (6) The manufacture, transport, testing, delivery,
29 transfer or sale, and all lawful commercial or
30 experimental activities necessary thereto, of rifles,
31 shotguns, and weapons made from rifles or shotguns, or
32 ammunition for such rifles, shotguns or weapons, where
33 engaged in by a person operating as a contractor or
34 subcontractor pursuant to a contract or subcontract for
HB1208 Engrossed -14- LRB9004306RCpc
1 the development and supply of such rifles, shotguns,
2 weapons or ammunition to the United States government or
3 any branch of the Armed Forces of the United States, when
4 such activities are necessary and incident to fulfilling
5 the terms of such contract.
6 The exemption granted under this subdivision (c)(6)
7 shall also apply to any authorized agent of any such
8 contractor or subcontractor who is operating within the
9 scope of his employment, where such activities involving
10 such weapon, weapons or ammunition are necessary and
11 incident to fulfilling the terms of such contract.
12 During transportation, any such weapon shall be
13 broken down in a non-functioning state, or not
14 immediately accessible.
15 (d) Subsection 24-1(a)(1) does not apply to the
16 purchase, possession or carrying of a black-jack or
17 slung-shot by a peace officer.
18 (e) Subsection 24-1(a)(8) does not apply to any owner,
19 manager or authorized employee of any place specified in that
20 subsection nor to any law enforcement officer.
21 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) do
22 not apply to members of any club or organization organized
23 for the purpose of practicing shooting at targets upon
24 established target ranges, whether public or private, while
25 using their firearms on those target ranges.
26 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not
27 apply to:
28 (1) Members of the Armed Services or Reserve Forces
29 of the United States or the Illinois National Guard,
30 while in the performance of their official duty.
31 (2) Bonafide collectors of antique or surplus
32 military ordinance.
33 (3) Laboratories having a department of forensic
34 ballistics, or specializing in the development of
HB1208 Engrossed -15- LRB9004306RCpc
1 ammunition or explosive ordinance.
2 (4) Commerce, preparation, assembly or possession
3 of explosive bullets by manufacturers of ammunition
4 licensed by the federal government, in connection with
5 the supply of those organizations and persons exempted by
6 subdivision (g)(1) of this Section, or like organizations
7 and persons outside this State, or the transportation of
8 explosive bullets to any organization or person exempted
9 in this Section by a common carrier or by a vehicle owned
10 or leased by an exempted manufacturer.
11 (h) An information or indictment based upon a violation
12 of any subsection of this Article need not negative any
13 exemptions contained in this Article. The defendant shall
14 have the burden 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
18 consigned to a common carrier operating under license of the
19 State of Illinois or the federal government, where such
20 transportation, carrying, or possession is incident to the
21 lawful transportation in which such common carrier is
22 engaged; and nothing in this Article shall prohibit, apply
23 to, or affect the transportation, carrying, or possession of
24 any pistol, revolver, stun gun, taser, or other firearm, not
25 the subject of and regulated by subsection 24-1(a)(7) or
26 subsection 24-2(c) of this Article, which is unloaded and
27 enclosed in a case, firearm carrying box, shipping box, or
28 other container, by the possessor of a valid Firearm Owners
29 Identification Card.
30 (Source: P.A. 89-685, eff. 6-1-97.)
31 Section 95. No acceleration or delay. Where this Act
32 makes changes in a statute that is represented in this Act by
33 text that is not yet or no longer in effect (for example, a
HB1208 Engrossed -16- LRB9004306RCpc
1 Section represented by multiple versions), the use of that
2 text does not accelerate or delay the taking effect of (i)
3 the changes made by this Act or (ii) provisions derived from
4 any other Public Act.
5 Section 99. Effective date. This Act takes effect upon
6 becoming law.