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Public Act 097-0936


 

Public Act 0936 97TH GENERAL ASSEMBLY



 


 
Public Act 097-0936
 
HB4901 EnrolledLRB097 19207 RLC 64449 b

    AN ACT concerning 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)
    (Text of Section after amendment by P.A. 97-676)
    Sec. 24-2. Exemptions.
    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
24-1(a)(13) 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, Private Security, Fingerprint
    Vendor, and Locksmith Act of 2004, 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, Private Security, Fingerprint Vendor, and Locksmith
    Act of 2004, 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 control card by the
    Department of Professional Regulation. Conditions for the
    renewal of firearm control 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, Private Security, Fingerprint Vendor, and
    Locksmith Act of 2004. Such firearm control 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 control card by the Department of Professional
    Regulation. Conditions for renewal of firearm control
    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, Private Security,
    Fingerprint Vendor, and Locksmith Act of 2004. Such firearm
    control 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.
        (12.5) Probation officers while in the performance of
    their duties, or while commuting between their homes,
    places of employment or specific locations that are part of
    their assigned duties, with the consent of the chief judge
    of the circuit for which they are employed.
        (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.
        (5) Carrying or possessing any pistol, revolver, stun
    gun or taser or other firearm on the land or in the legal
    dwelling of another person as an invitee with that person's
    permission.
    (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.
        (7) A person possessing a rifle with a barrel or
    barrels less than 16 inches in length if: (A) the person
    has been issued a Curios and Relics license from the U.S.
    Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)
    the person is an active member of a bona fide, nationally
    recognized military re-enacting group and the modification
    is required and necessary to accurately portray the weapon
    for historical re-enactment purposes; the re-enactor is in
    possession of a valid and current re-enacting group
    membership credential; and the overall length of the weapon
    as modified is not less than 26 inches. An active member of
    a bona fide, nationally recognized military re-enacting
    group possessing a vintage rifle or modern reproduction
    thereof with a barrel or barrels less than 16 inches in
    length for the purpose of using the rifle during historical
    re-enactments if: (A) the person has been issued a Curios
    and Relics license from the U.S. Bureau of Alcohol,
    Tobacco, Firearms and Explosives; or (B) the modification
    is required and necessary to accurately portray the weapon
    for historical re-enactment purposes; the re-enactor is in
    possession of a valid and current re-enacting group
    membership credential; and the overall length of the weapon
    as modified is not less than 26 inches.
        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, these devices shall be detached from any weapon
or not immediately accessible.
    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 do not apply to or affect any parole agent or parole
supervisor who meets the qualifications and conditions
prescribed in Section 3-14-1.5 of the Unified Code of
Corrections.
    (g-7) Subsection 24-1(a)(6) does not apply to a peace
officer while serving as a member of a tactical response team
or special operations team. A peace officer may not personally
own or apply for ownership of a device or attachment of any
kind designed, used, or intended for use in silencing the
report of any firearm. These devices shall be owned and
maintained by lawfully recognized units of government whose
duties include the investigation of criminal acts.
    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
athlete's possession, transport on official Olympic and
Paralympic transit systems established for athletes, or use of
competition firearms sanctioned by the International Olympic
Committee, the International Paralympic Committee, the
International Shooting Sport Federation, or USA Shooting in
connection with such athlete's training for and participation
in shooting competitions at the 2016 Olympic and Paralympic
Games and sanctioned test events leading up to the 2016 Olympic
and Paralympic Games.
    (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. 96-7, eff. 4-3-09; 96-230, eff. 1-1-10; 96-742,
eff. 8-25-09; 96-1000, eff. 7-2-10; 97-465, eff. 8-22-11;
97-676, eff. 6-1-12; revised 2-10-12.)

Effective Date: 1/1/2013