Public Act 93-0439

SB686 Enrolled                       LRB093 03577 RLC 10998 b

    AN ACT in relation to criminal law.

    Be it  enacted  by  the  People  of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The Criminal Code  of  1961  is  amended  by
changing Section 24-2 as follows:

    (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
    Sec. 24-2.  Exemptions.
    (a)  Subsections  24-1(a)(3),  24-1(a)(4) and 24-1(a)(10)
and Section 24-1.6 do not apply  to  or  affect  any  of  the
following:
         (1)  Peace  officers,  and  any person summoned by a
    peace officer to assist in making arrests  or  preserving
    the  peace,  while  actually  engaged  in  assisting such
    officer.
         (2)  Wardens,   superintendents   and   keepers   of
    prisons, penitentiaries, jails and other institutions for
    the detention of  persons  accused  or  convicted  of  an
    offense, while in the performance of their official duty,
    or  while  commuting  between  their  homes and places of
    employment.
         (3)  Members of the Armed Services or Reserve Forces
    of the United States or the Illinois  National  Guard  or
    the   Reserve  Officers  Training  Corps,  while  in  the
    performance of their official duty.
         (4)  Special agents employed  by  a  railroad  or  a
    public utility to perform police functions, and guards of
    armored  car  companies,  while  actually  engaged in the
    performance  of  the  duties  of  their   employment   or
    commuting  between  their homes and places of employment;
    and watchmen while actually engaged in the performance of
    the duties of their employment.
         (5)  Persons   licensed    as    private    security
    contractors,   private   detectives,   or  private  alarm
    contractors, or employed by an agency  certified  by  the
    Department  of  Professional  Regulation, if their duties
    include the carrying of a weapon under the provisions  of
    the   Private   Detective,  Private  Alarm,  and  Private
    Security Act of  1983,  while  actually  engaged  in  the
    performance   of   the  duties  of  their  employment  or
    commuting between their homes and places  of  employment,
    provided  that  such commuting is accomplished within one
    hour from departure from home or place of employment,  as
    the case may be.  Persons exempted under this subdivision
    (a)(5)  shall  be required to have completed  a course of
    study in firearms  handling  and  training  approved  and
    supervised  by  the Department of Professional Regulation
    as prescribed by Section 28  of  the  Private  Detective,
    Private Alarm, and Private Security Act of 1983, prior to
    becoming  eligible for this exemption.  The Department of
    Professional   Regulation    shall    provide    suitable
    documentation  demonstrating the successful completion of
    the prescribed  firearms  training.   Such  documentation
    shall  be  carried  at all times when such persons are in
    possession of a concealable weapon.
         (6)  Any person regularly employed in  a  commercial
    or  industrial  operation  as  a  security  guard for the
    protection  of  persons  employed  and  private  property
    related to such commercial or industrial operation, while
    actually engaged in the performance of his or her duty or
    traveling between sites or properties  belonging  to  the
    employer,  and who, as a security guard, is a member of a
    security force of at least 5 persons registered with  the
    Department of Professional Regulation; provided that such
    security  guard  has  successfully  completed a course of
    study, approved by and supervised by  the  Department  of
    Professional  Regulation,  consisting of not less than 40
    hours  of  training  that  includes  the  theory  of  law
    enforcement, liability for  acts,  and  the  handling  of
    weapons.   A person shall be considered eligible for this
    exemption if he or she  has  completed  the  required  20
    hours  of training for a security officer and 20 hours of
    required firearm training, and has been issued a  firearm
    authorization  card  by  the  Department  of Professional
    Regulation.   Conditions  for  the  renewal  of   firearm
    authorization  cards  issued under the provisions of this
    Section shall be the same as for those cards issued under
    the provisions of the Private  Detective,  Private  Alarm
    and   Private   Security   Act  of  1983.   Such  firearm
    authorization card shall be carried by the security guard
    at all times when  he  or  she  is  in  possession  of  a
    concealable weapon.
         (7)  Agents   and   investigators  of  the  Illinois
    Legislative Investigating Commission  authorized  by  the
    Commission  to carry the weapons specified in subsections
    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
    any investigation for the Commission.
         (8)  Persons employed by a financial institution for
    the protection of other employees and property related to
    such financial institution, while actually engaged in the
    performance of  their  duties,  commuting  between  their
    homes  and  places  of  employment,  or traveling between
    sites or properties owned or operated by  such  financial
    institution,  provided  that  any  person so employed has
    successfully completed a course of study, approved by and
    supervised by the Department of Professional  Regulation,
    consisting  of  not  less than 40 hours of training which
    includes theory of law enforcement, liability  for  acts,
    and the handling of weapons. A person shall be considered
    to  be  eligible  for  this  exemption  if  he or she has
    completed  the  required  20  hours  of  training  for  a
    security  officer  and  20  hours  of  required   firearm
    training,  and  has  been  issued a firearm authorization
    card  by  the  Department  of  Professional   Regulation.
    Conditions  for  renewal  of  firearm authorization cards
    issued under the provisions of this Section shall be  the
    same  as  for  those  issued  under the provisions of the
    Private Detective, Private Alarm and Private Security Act
    of  1983.   Such  firearm  authorization  card  shall  be
    carried by the person so trained at all times  when  such
    person  is  in  possession  of a concealable weapon.  For
    purposes  of  this  subsection,  "financial  institution"
    means a bank, savings and loan association, credit  union
    or company providing armored car services.
         (9)  Any  person  employed by an armored car company
    to drive an armored car, while actually  engaged  in  the
    performance of his duties.
         (10)  Persons  who  have  been  classified  as peace
    officers pursuant to the Peace Officer Fire Investigation
    Act.
         (11)  Investigators of the  Office  of  the  State's
    Attorneys Appellate Prosecutor authorized by the board of
    governors   of   the  Office  of  the  State's  Attorneys
    Appellate Prosecutor to carry weapons pursuant to Section
    7.06 of the State's Attorneys Appellate Prosecutor's Act.
         (12)  Special investigators appointed by  a  State's
    Attorney under Section 3-9005 of the Counties Code.
         (13)  Court   Security   Officers   while   in   the
    performance  of their official duties, or while commuting
    between their homes and places of  employment,  with  the
    consent of the Sheriff.
         (13.5)  A person employed as an armed security guard
    at a nuclear energy, storage, weapons or development site
    or   facility   regulated   by   the  Nuclear  Regulatory
    Commission who has completed the background screening and
    training mandated by the rules  and  regulations  of  the
    Nuclear Regulatory Commission.
         (14)  Manufacture,   transportation,   or   sale  of
    weapons to  persons  authorized  under  subdivisions  (1)
    through  (13.5)  of  this  subsection  to  possess  those
    weapons.
    (b)  Subsections  24-1(a)(4)  and 24-1(a)(10) and Section
24-1.6 do not apply to or affect any of the following:
         (1)  Members of any club or  organization  organized
    for  the  purpose  of practicing shooting at targets upon
    established target ranges, whether public or private, and
    patrons of such ranges, while such members or patrons are
    using their firearms on those target ranges.
         (2)  Duly authorized military or civil organizations
    while  parading,  with  the  special  permission  of  the
    Governor.
         (3)  Hunters, trappers or fishermen with  a  license
    or permit while engaged in hunting, trapping or fishing.
         (4)  Transportation  of weapons that are broken down
    in  a  non-functioning  state  or  are  not   immediately
    accessible.
    (c)  Subsection  24-1(a)(7)  does  not apply to or affect
any of the following:
         (1)  Peace officers while in  performance  of  their
    official duties.
         (2)  Wardens,   superintendents   and   keepers   of
    prisons, penitentiaries, jails and other institutions for
    the  detention  of  persons  accused  or  convicted of an
    offense.
         (3)  Members of the Armed Services or Reserve Forces
    of the United States  or  the  Illinois  National  Guard,
    while in the performance of their official duty.
         (4)  Manufacture, transportation, or sale of machine
    guns to persons authorized under subdivisions (1) through
    (3)  of  this  subsection to possess machine guns, if the
    machine guns are broken down in a  non-functioning  state
    or are not immediately accessible.
         (5)  Persons   licensed   under   federal   law   to
    manufacture  any  weapon  from  which  8 or more shots or
    bullets can be discharged by a  single  function  of  the
    firing  device,  or  ammunition  for  such  weapons,  and
    actually  engaged  in  the business of manufacturing such
    weapons  or  ammunition,  but  only   with   respect   to
    activities  which  are  within  the  lawful scope of such
    business, such as  the  manufacture,  transportation,  or
    testing  of  such  weapons or ammunition.  This exemption
    does not authorize the general private possession of  any
    weapon  from  which  8  or  more  shots or bullets can be
    discharged by a single function of the firing device, but
    only such possession and activities  as  are  within  the
    lawful   scope   of  a  licensed  manufacturing  business
    described in this paragraph.
         During transportation, such weapons shall be  broken
    down  in  a  non-functioning  state  or  not  immediately
    accessible.
         (6)  The  manufacture, transport, testing, delivery,
    transfer  or  sale,  and   all   lawful   commercial   or
    experimental  activities  necessary  thereto,  of rifles,
    shotguns, and weapons made from rifles  or  shotguns,  or
    ammunition  for  such  rifles, shotguns or weapons, where
    engaged in by a  person  operating  as  a  contractor  or
    subcontractor  pursuant  to a contract or subcontract for
    the development and  supply  of  such  rifles,  shotguns,
    weapons  or ammunition to the United States government or
    any branch of the Armed Forces of the United States, when
    such activities are necessary and incident to  fulfilling
    the terms of such contract.
         The  exemption granted under this subdivision (c)(6)
    shall also apply to any  authorized  agent  of  any  such
    contractor  or  subcontractor who is operating within the
    scope of his employment, where such activities  involving
    such  weapon,  weapons  or  ammunition  are necessary and
    incident to fulfilling the terms of such contract.
         During transportation,  any  such  weapon  shall  be
    broken   down   in   a   non-functioning  state,  or  not
    immediately accessible.
    (d)  Subsection  24-1(a)(1)  does  not   apply   to   the
purchase,   possession   or   carrying  of  a  black-jack  or
slung-shot by a peace officer.
    (e)  Subsection 24-1(a)(8) does not apply to  any  owner,
manager or authorized employee of any place specified in that
subsection nor to any law enforcement officer.
    (f)  Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
Section  24-1.6  do  not  apply  to  members  of  any club or
organization organized for the purpose of practicing shooting
at targets upon established target ranges, whether public  or
private, while using their firearms on those target ranges.
    (g)  Subsections  24-1(a)(11)  and  24-3.1(a)(6)  do  not
apply to:
         (1)  Members of the Armed Services or Reserve Forces
    of  the  United  States  or  the Illinois National Guard,
    while in the performance of their official duty.
         (2)  Bonafide  collectors  of  antique  or   surplus
    military ordinance.
         (3)  Laboratories  having  a  department of forensic
    ballistics,  or  specializing  in  the   development   of
    ammunition or explosive ordinance.
         (4)  Commerce,  preparation,  assembly or possession
    of  explosive  bullets  by  manufacturers  of  ammunition
    licensed by the federal government,  in  connection  with
    the supply of those organizations and persons exempted by
    subdivision (g)(1) of this Section, or like organizations
    and  persons outside this State, or the transportation of
    explosive bullets to any organization or person  exempted
    in this Section by a common carrier or by a vehicle owned
    or leased by an exempted manufacturer.
    (g-5)  Subsection  24-1(a)(6) does not apply to or affect
persons licensed under federal law to manufacture any  device
or attachment of any kind designed, used, or intended for use
in   silencing  the  report  of  any  firearm,  firearms,  or
ammunition for those firearms equipped  with  those  devices,
and  actually  engaged in the business of manufacturing those
devices, firearms, or ammunition, but only  with  respect  to
activities that are within the lawful scope of that business,
such  as the manufacture, transportation, or testing of those
devices, firearms, or ammunition.  This  exemption  does  not
authorize  the  general  private  possession of any device or
attachment of any kind designed, used, or intended for use in
silencing the report of any firearm, but only such possession
and activities as are within the lawful scope of  a  licensed
manufacturing  business  described  in this subsection (g-5).
During transportation, those devices shall be  detached  from
any weapon or not immediately accessible.
    (h)  An  information or indictment based upon a violation
of any subsection of  this  Article  need  not  negative  any
exemptions  contained  in  this Article.  The defendant shall
have the burden of proving such an exemption.
    (i)  Nothing in this Article shall prohibit, apply to, or
affect the transportation, carrying, or  possession,  of  any
pistol  or  revolver,  stun  gun,  taser,  or  other  firearm
consigned  to a common carrier operating under license of the
State of Illinois  or  the  federal  government,  where  such
transportation,  carrying,  or  possession is incident to the
lawful  transportation  in  which  such  common  carrier   is
engaged;  and  nothing  in this Article shall prohibit, apply
to, or affect the transportation, carrying, or possession  of
any  pistol, revolver, stun gun, taser, or other firearm, not
the subject of and  regulated  by  subsection  24-1(a)(7)  or
subsection  24-2(c)  of  this  Article, which is unloaded and
enclosed in a case, firearm carrying box,  shipping  box,  or
other  container,  by the possessor of a valid Firearm Owners
Identification Card.
(Source: P.A. 91-287,  eff.  1-1-00;  91-690,  eff.  4-13-00;
92-325, eff. 8-9-01.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.