State of Illinois
90th General Assembly
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90_HB3755

      720 ILCS 5/24-2           from Ch. 38, par. 24-2
          Amends the Criminal Code  of  1961.   Makes  a  stylistic
      change in Section relating to exemptions from prosecution for
      unlawful use of weapons.
                                                     LRB9010406RCpc
                                               LRB9010406RCpc
 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        Sec. 24-2.  Exemptions.
 9        (a)  Subsections 24-1(a)(3), 24-1(a)(4)  and  24-1(a)(10)
10    do not apply to or affect any of the following:
11             (1)  Peace  officers,  and  any person summoned by a
12        peace officer to assist in making arrests  or  preserving
13        the  peace,  while actually engaged in assisting the such
14        officer.
15             (2)  Wardens,   superintendents   and   keepers   of
16        prisons, penitentiaries, jails and other institutions for
17        the detention of  persons  accused  or  convicted  of  an
18        offense, while in the performance of their official duty,
19        or  while  commuting  between  their  homes and places of
20        employment.
21             (3)  Members of the Armed Services or Reserve Forces
22        of the United States or the Illinois  National  Guard  or
23        the   Reserve  Officers  Training  Corps,  while  in  the
24        performance of their official duty.
25             (4)  Special agents employed  by  a  railroad  or  a
26        public utility to perform police functions, and guards of
27        armored  car  companies,  while  actually  engaged in the
28        performance  of  the  duties  of  their   employment   or
29        commuting  between  their homes and places of employment;
30        and watchmen while actually engaged in the performance of
31        the duties of their employment.
                            -2-                LRB9010406RCpc
 1             (5)  Persons   licensed    as    private    security
 2        contractors,   private   detectives,   or  private  alarm
 3        contractors, or employed by an agency  certified  by  the
 4        Department  of  Professional  Regulation, if their duties
 5        include the carrying of a weapon under the provisions  of
 6        the   Private   Detective,  Private  Alarm,  and  Private
 7        Security Act of  1983,  while  actually  engaged  in  the
 8        performance   of   the  duties  of  their  employment  or
 9        commuting between their homes and places  of  employment,
10        provided  that  such commuting is accomplished within one
11        hour from departure from home or place of employment,  as
12        the case may be.  Persons exempted under this subdivision
13        (a)(5)  shall  be required to have completed  a course of
14        study in firearms  handling  and  training  approved  and
15        supervised  by  the Department of Professional Regulation
16        as prescribed by Section 28  of  the  Private  Detective,
17        Private Alarm, and Private Security Act of 1983, prior to
18        becoming  eligible for this exemption.  The Department of
19        Professional   Regulation    shall    provide    suitable
20        documentation  demonstrating the successful completion of
21        the prescribed  firearms  training.   Such  documentation
22        shall  be  carried  at all times when such persons are in
23        possession of a concealable weapon.
24             (6)  Any person regularly employed in  a  commercial
25        or  industrial  operation  as  a  security  guard for the
26        protection  of  persons  employed  and  private  property
27        related to such commercial or industrial operation, while
28        actually engaged in the performance of his or her duty or
29        traveling between sites or properties  belonging  to  the
30        employer,  and who, as a security guard, is a member of a
31        security force of at least 5 persons registered with  the
32        Department of Professional Regulation; provided that such
33        security  guard  has  successfully  completed a course of
34        study, approved by and supervised by  the  Department  of
                            -3-                LRB9010406RCpc
 1        Professional  Regulation,  consisting of not less than 40
 2        hours  of  training  that  includes  the  theory  of  law
 3        enforcement, liability for  acts,  and  the  handling  of
 4        weapons.   A person shall be considered eligible for this
 5        exemption if he or she  has  completed  the  required  20
 6        hours  of training for a security officer and 20 hours of
 7        required firearm training, and has been issued a  firearm
 8        authorization  card  by  the  Department  of Professional
 9        Regulation.   Conditions  for  the  renewal  of   firearm
10        authorization  cards  issued under the provisions of this
11        Section shall be the same as for those cards issued under
12        the provisions of the Private  Detective,  Private  Alarm
13        and   Private   Security   Act  of  1983.   Such  firearm
14        authorization card shall be carried by the security guard
15        at all times when  he  or  she  is  in  possession  of  a
16        concealable weapon.
17             (7)  Agents   and   investigators  of  the  Illinois
18        Legislative Investigating Commission  authorized  by  the
19        Commission  to carry the weapons specified in subsections
20        24-1(a)(3) and 24-1(a)(4), while on duty in the course of
21        any investigation for the Commission.
22             (8)  Persons employed by a financial institution for
23        the protection of other employees and property related to
24        such financial institution, while actually engaged in the
25        performance of  their  duties,  commuting  between  their
26        homes  and  places  of  employment,  or traveling between
27        sites or properties owned or operated by  such  financial
28        institution,  provided  that  any  person so employed has
29        successfully completed a course of study, approved by and
30        supervised by the Department of Professional  Regulation,
31        consisting  of  not  less than 40 hours of training which
32        includes theory of law enforcement, liability  for  acts,
33        and the handling of weapons. A person shall be considered
34        to  be  eligible  for  this  exemption  if  he or she has
                            -4-                LRB9010406RCpc
 1        completed  the  required  20  hours  of  training  for  a
 2        security  officer  and  20  hours  of  required   firearm
 3        training,  and  has  been  issued a firearm authorization
 4        card  by  the  Department  of  Professional   Regulation.
 5        Conditions  for  renewal  of  firearm authorization cards
 6        issued under the provisions of this Section shall be  the
 7        same  as  for  those  issued  under the provisions of the
 8        Private Detective, Private Alarm and Private Security Act
 9        of  1983.   Such  firearm  authorization  card  shall  be
10        carried by the person so trained at all times  when  such
11        person  is  in  possession  of a concealable weapon.  For
12        purposes  of  this  subsection,  "financial  institution"
13        means a bank, savings and loan association, credit  union
14        or company providing armored car services.
15             (9)  Any  person  employed by an armored car company
16        to drive an armored car, while actually  engaged  in  the
17        performance of his duties.
18             (10)  Persons  who  have  been  classified  as peace
19        officers pursuant to the Peace Officer Fire Investigation
20        Act.
21             (11)  Investigators of the  Office  of  the  State's
22        Attorneys Appellate Prosecutor authorized by the board of
23        governors   of   the  Office  of  the  State's  Attorneys
24        Appellate Prosecutor to carry weapons pursuant to Section
25        7.06 of the State's Attorneys Appellate Prosecutor's Act.
26             (12)  Special investigators appointed by  a  State's
27        Attorney under Section 3-9005 of the Counties Code.
28             (13)  Court   Security   Officers   while   in   the
29        performance  of their official duties, or while commuting
30        between their homes and places of  employment,  with  the
31        consent of the Sheriff.
32             (14)  Manufacture,   transportation,   or   sale  of
33        weapons to  persons  authorized  under  subdivisions  (1)
34        through (13) of this subsection to possess those weapons.
                            -5-                LRB9010406RCpc
 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
                            -6-                LRB9010406RCpc
 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
                            -7-                LRB9010406RCpc
 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
                            -8-                LRB9010406RCpc
 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. 89-685, eff. 6-1-97.)

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