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92_SB1338 LRB9205304RCcd 1 AN ACT in relation to criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Criminal Code of 1961 is amended by 5 changing Section 24-2 and adding Section 24-3.6 as follows: 6 (720 ILCS 5/24-2) (from Ch. 38, par. 24-2) 7 Sec. 24-2. Exemptions. 8 (a) Subsections 24-1(a)(3), 24-1(a)(4) and 24-1(a)(10) 9 and Section 24-1.6 do not apply to or affect any of the 10 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 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- LRB9205304RCcd 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- LRB9205304RCcd 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- LRB9205304RCcd 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 (13.5) A person employed as an armed security guard 33 at a nuclear energy, storage, weapons or development site 34 or facility regulated by the Nuclear Regulatory -5- LRB9205304RCcd 1 Commission who has completed the background screening and 2 training mandated by the rules and regulations of the 3 Nuclear Regulatory Commission. 4 (14) Manufacture, transportation, or sale of 5 weapons to persons authorized under subdivisions (1) 6 through (13.5) of this subsection to possess those 7 weapons. 8 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 9 24-1.6 do not apply to or affect any of the following: 10 (1) 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, and 13 patrons of such ranges, while such members or patrons are 14 using their firearms on those target ranges. 15 (2) Duly authorized military or civil organizations 16 while parading, with the special permission of the 17 Governor. 18 (3) Licensed hunters, trappers or fishermen while 19 engaged in hunting, trapping or fishing. 20 (4) Transportation of weapons that are broken down 21 in a non-functioning state or are not immediately 22 accessible. 23 (c) Subsection 24-1(a)(7) and Section 24-3.6 do
doesnot 24 apply to or affect any of the following: 25 (1) Peace officers while in performance of their 26 official duties. 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. 31 (3) Members of the Armed Services or Reserve Forces 32 of the United States or the Illinois National Guard, 33 while in the performance of their official duty. 34 (4) Manufacture, transportation, or sale of machine -6- LRB9205304RCcd 1 guns to persons authorized under subdivisions (1) through 2 (3) of this subsection to possess machine guns or 3 semiautomatic assault weapons, if the machine guns or 4 semiautomatic assault weapons are broken down in a 5 non-functioning state or are not immediately accessible. 6 (5) Persons licensed under federal law to 7 manufacture any weapon from which 8 or more shots or 8 bullets can be discharged by a single function of the 9 firing device, or ammunition for such weapons, and 10 actually engaged in the business of manufacturing such 11 weapons or ammunition, but only with respect to 12 activities which are within the lawful scope of such 13 business, such as the manufacture, transportation, or 14 testing of such weapons or ammunition. This exemption 15 does not authorize the general private possession of any 16 weapon from which 8 or more shots or bullets can be 17 discharged by a single function of the firing device, but 18 only such possession and activities as are within the 19 lawful scope of a licensed manufacturing business 20 described in this paragraph. 21 During transportation, such weapons shall be broken 22 down in a non-functioning state or not immediately 23 accessible. 24 (6) The manufacture, transport, testing, delivery, 25 transfer or sale, and all lawful commercial or 26 experimental activities necessary thereto, of rifles, 27 shotguns, and weapons made from rifles or shotguns, or 28 ammunition for such rifles, shotguns or weapons, where 29 engaged in by a person operating as a contractor or 30 subcontractor pursuant to a contract or subcontract for 31 the development and supply of such rifles, shotguns, 32 weapons or ammunition to the United States government or 33 any branch of the Armed Forces of the United States, when 34 such activities are necessary and incident to fulfilling -7- LRB9205304RCcd 1 the terms of such contract. 2 The exemption granted under this subdivision (c)(6) 3 shall also apply to any authorized agent of any such 4 contractor or subcontractor who is operating within the 5 scope of his employment, where such activities involving 6 such weapon, weapons or ammunition are necessary and 7 incident to fulfilling the terms of such contract. 8 During transportation, any such weapon shall be 9 broken down in a non-functioning state, or not 10 immediately accessible. 11 (d) Subsection 24-1(a)(1) does not apply to the 12 purchase, possession or carrying of a black-jack or 13 slung-shot by a peace officer. 14 (e) Subsection 24-1(a)(8) does not apply to any owner, 15 manager or authorized employee of any place specified in that 16 subsection nor to any law enforcement officer. 17 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and 18 Section 24-1.6 do not apply to members of any club or 19 organization organized for the purpose of practicing shooting 20 at targets upon established target ranges, whether public or 21 private, while using their firearms on those target ranges. 22 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not 23 apply to: 24 (1) 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 (2) Bonafide collectors of antique or surplus 28 military ordinance. 29 (3) Laboratories having a department of forensic 30 ballistics, or specializing in the development of 31 ammunition or explosive ordinance. 32 (4) Commerce, preparation, assembly or possession 33 of explosive bullets by manufacturers of ammunition 34 licensed by the federal government, in connection with -8- LRB9205304RCcd 1 the supply of those organizations and persons exempted by 2 subdivision (g)(1) of this Section, or like organizations 3 and persons outside this State, or the transportation of 4 explosive bullets to any organization or person exempted 5 in this Section by a common carrier or by a vehicle owned 6 or leased by an exempted manufacturer. 7 (h) An information or indictment based upon a violation 8 of any subsection of this Article need not negative any 9 exemptions contained in this Article. The defendant shall 10 have the burden of proving such an exemption. 11 (i) Nothing in this Article shall prohibit, apply to, or 12 affect the transportation, carrying, or possession, of any 13 pistol or revolver, stun gun, taser, or other firearm 14 consigned to a common carrier operating under license of the 15 State of Illinois or the federal government, where such 16 transportation, carrying, or possession is incident to the 17 lawful transportation in which such common carrier is 18 engaged; and nothing in this Article shall prohibit, apply 19 to, or affect the transportation, carrying, or possession of 20 any pistol, revolver, stun gun, taser, or other firearm, not 21 the subject of and regulated by subsection 24-1(a)(7) or 22 subsection 24-2(c) of this Article, which is unloaded and 23 enclosed in a case, firearm carrying box, shipping box, or 24 other container, by the possessor of a valid Firearm Owners 25 Identification Card. 26 (Source: P.A. 91-287, eff. 1-1-00; 91-690, eff. 4-13-00.) 27 (720 ILCS 5/24-3.6 new) 28 Sec. 24-3.6. Unlawful use of a semiautomatic weapon or 29 large capacity feeding device. 30 (a) In this Section: 31 "Semiautomatic" means any repeating rifle, shotgun, or 32 pistol, regardless of barrel or overall length, that utilizes 33 a portion of the energy of a firing cartridge or shell to -9- LRB9205304RCcd 1 extract the fired cartridge case or spent shell and chamber 2 the next round, and which requires a separate pull of the 3 trigger to fire each cartridge or shell. 4 "Assault weapon" means: 5 (1) a semiautomatic rifle that has an ability to accept 6 a detachable magazine and has at least 2 of the following 7 characteristics: 8 (i) a folding or telescoping stock; 9 (ii) a pistol grip that protrudes conspicuously 10 beneath the action of the weapon; 11 (iii) a bayonet mount; 12 (iv) a flash suppressor or threaded barrel designed 13 to accommodate a flash suppressor; 14 (v) a grenade launcher; or 15 (2) a semiautomatic shotgun that has at least 2 of the 16 following characteristics: 17 (i) a folding or telescoping stock; 18 (ii) a pistol grip that protrudes conspicuously 19 beneath the action of the weapon; 20 (iii) a fixed magazine capacity in excess of 5 21 rounds; 22 (iv) an ability to accept a detachable magazine; or 23 (3) a semiautomatic pistol that has an ability to accept 24 a detachable magazine and has at least 2 of the following 25 characteristics: 26 (i) an ammunition magazine that attaches to the 27 pistol outside of the pistol grip; 28 (ii) a threaded barrel capable of accepting a 29 barrel extender, flash suppressor, forward handgrip, or 30 silencer; 31 (iii) a shroud that is attached to, or partially or 32 completely encircles, the barrel and that permits the 33 shooter to hold the firearm with the nontrigger hand 34 without being burned; -10- LRB9205304RCcd 1 (iv) a manufactured weight of 50 ounces or more 2 when the pistol is unloaded; 3 (v) a semiautomatic version of an automatic rifle, 4 shotgun, or firearm; or 5 (4) any of the weapons, or functioning frames or 6 receivers of such weapons, or copies or duplicates of such 7 weapons, in any caliber, known as: 8 (i) Norinco, Mitchell, and Poly Technologies 9 Avtomat Kalashnikovs (all models); 10 (ii) Action Arms Israeli Military Industries Uzi 11 and Galil; 12 (iii) Beretta AR70 (sc-70); 13 (iv) Colt AR-15; 14 (v) Fabrique National FN/FAL, FN/LAR, and FNC; 15 (vi) SWD M-10, M-11, M-11/9, and M-12; 16 (vii) Steyr AUG; 17 (viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and 18 (ix) revolving cylinder shotguns, such as (or 19 similar to) the street sweeper and striker 12. 20 "Assault weapon" does not include: 21 (i) any rifle, shotgun, or pistol that (A) is 22 manually operated by bolt, pump, lever, or slide action; 23 (B) has been rendered permanently inoperable; or (C) is 24 an antique firearm as defined in 18 U.S.C. 921(a)(16); 25 (ii) a semiautomatic rifle that cannot accept a 26 detachable magazine that holds more than 5 rounds of 27 ammunition; 28 (iii) a semiautomatic shotgun that cannot hold more 29 than 5 rounds of ammunition in a fixed or detachable 30 magazine; 31 (iv) a rifle, shotgun, or pistol, or a replica or a 32 duplicate of a rifle, shotgun, or pistol specified in 33 appendix A to Section 922 of 18 U.S.C. as such weapon was 34 manufactured on October 1, 1993. The fact that a weapon -11- LRB9205304RCcd 1 is not listed in appendix A must not be construed to mean 2 that the weapon is an assault weapon; or 3 (v) a semiautomatic rifle, a semiautomatic shotgun, 4 or a semiautomatic pistol or any of the weapons defined 5 in paragraph (4) of this subdivision lawfully possessed 6 before September 14, 1994. 7 "Large capacity ammunition feeding device" means a 8 magazine, belt, drum, feed strip, or similar device, 9 manufactured after September 30, 1994, that has a capacity 10 of, or that can be readily restored or converted to accept, 11 more than 10 rounds of ammunition; provided, however, that 12 the term does not include an attached tubular device designed 13 to accept, and capable of operating only with, .22 caliber 14 rimfire ammunition. 15 (b) A person commits the offense of unlawful use of a 16 semiautomatic assault weapon or large capacity ammunition 17 feeding device when he or she knowingly sells, manufactures, 18 purchases, possesses, or carries a semiautomatic assault 19 weapon or large capacity ammunition feeding device. 20 (c) Sentence. Unlawful use of a semiautomatic assault 21 weapon or large capacity ammunition feeding device is a Class 22 2 felony.
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