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Public Act 91-0690
HB0739 Enrolled LRB9103480KSmb
AN ACT to re-enact the provisions of Section 24-1 of the
Criminal Code of 1961 contained in Public Act 88-680 and to
amend the Criminal Code of 1961 and the Firearm Owners
Identification Card Act.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Purpose.
(1) The General Assembly finds and declares that:
(i) Public Act 88-680, effective January 1, 1995,
contained provisions amending various criminal statutes.
Public Act 88-680 also contained other provisions.
(ii) In addition, Public Act 88-680 was entitled
"AN ACT to create a Safe Neighborhoods Law". (A) Article
5 was entitled JUVENILE JUSTICE and amended the Juvenile
Court Act of 1987. (B) Article 15 was entitled GANGS and
amended various provisions of the Criminal Code of 1961
and the Unified Code of Corrections. (C) Article 20 was
entitled ALCOHOL ABUSE and amended various provisions of
the Illinois Vehicle Code. (D) Article 25 was entitled
DRUG ABUSE and amended the Cannabis Control Act and the
Illinois Controlled Substances Act. (E) Article 30 was
entitled FIREARMS and amended the Criminal Code of 1961
and the Code of Criminal Procedure of 1963. (F) Article
35 amended the Criminal Code of 1961, the Rights of Crime
Victims and Witnesses Act, and the Unified Code of
Corrections. (G) Article 40 amended the Criminal Code of
1961 to increase the penalty for compelling organization
membership of persons. (H) Article 45 created the Secure
Residential Youth Care Facility Licensing Act and amended
the State Finance Act, the Juvenile Court Act of 1987,
the Unified Code of Corrections, and the Private
Correctional Facility Moratorium Act. (I) Article 50
amended the WIC Vendor Management Act, the Firearm Owners
Identification Card Act, the Juvenile Court Act of 1987,
the Criminal Code of 1961, the Wrongs to Children Act,
and the Unified Code of Corrections.
(iii) On December 2, 1999, the Illinois Supreme
Court, in People v. Cervantes, Docket No. 87229, ruled
that Public Act 88-680 violates the single subject clause
of the Illinois Constitution (Article IV, Section 8 (d))
and was unconstitutional in its entirety.
(iv) The provisions of Section 24-1 of the Criminal
Code of 1961 contained in Public Act 88-680 are of vital
concern to the people of this State and legislative
action concerning these provisions of Public Act 88-680
is necessary.
(2) It is the purpose of this Act to re-enact Section
24-1 of the Criminal Code of 1961 contained in Public Act
88-680, including subsequent amendments. This re-enactment is
intended to remove any question as to the validity or
content of those provisions.
(3) This Act re-enacts Section 24-1 of the Criminal Code
of 1961 contained in Public Act 88-680, including subsequent
amendments, to remove any question as to the validity or
content of those provisions; it is not intended to supersede
any other Public Act that amends the text of the Sections as
set forth in this Act. The material is shown as existing text
(i.e., without underscoring), except (i) for technical
changes having a revisory function and (ii) as provided in
subsection (4) of this Section.
(4) In addition to re-enacting Section 24-1 of the
Criminal Code of 1961, this Act amends that Section. This
Act also adds Section 24-1.6 and amends Section 24-2 of the
Criminal Code of 1961 and Section 13.2 of the Firearm Owners
Identification Card Act. The amendments are shown by
underscoring and striking text.
Section 5. The Firearm Owners Identification Card Act is
amended by changing Section 13.2 as follows:
(430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2)
Sec. 13.2. The Department of State Police shall, 60 30
days prior to the expiration of a Firearm Owner's
Identification Card, forward by first class mail to each
person whose card is to expire a notification of the
expiration of the card and an application which may be used
to apply for renewal of the card. It is the obligation of the
holder of a Firearm Owner's Identification Card to notify the
Department of State Police of any address change since the
issuance of the Firearm Owner's Identification Card.
(Source: P.A. 84-25.)
Section 10. The Criminal Code of 1961 is amended by
re-enacting and amending Section 24-1, amending Section 24-2,
and adding Section 24-1.6 as follows:
(720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
Sec. 24-1. Unlawful Use of Weapons.
(a) A person commits the offense of unlawful use of
weapons when he knowingly:
(1) Sells, manufactures, purchases, possesses or
carries any bludgeon, black-jack, slung-shot, sand-club,
sand-bag, metal knuckles, throwing star, or any knife,
commonly referred to as a switchblade knife, which has a
blade that opens automatically by hand pressure applied
to a button, spring or other device in the handle of the
knife, or a ballistic knife, which is a device that
propels a knifelike blade as a projectile by means of a
coil spring, elastic material or compressed gas; or
(2) Carries or possesses with intent to use the
same unlawfully against another, a dagger, dirk, billy,
dangerous knife, razor, stiletto, broken bottle or other
piece of glass, stun gun or taser or any other dangerous
or deadly weapon or instrument of like character; or
(3) Carries on or about his person or in any
vehicle, a tear gas gun projector or bomb or any object
containing noxious liquid gas or substance, other than an
object containing a non-lethal noxious liquid gas or
substance designed solely for personal defense carried by
a person 18 years of age or older; or
(4) Carries or possesses in any vehicle or
concealed on or about his person except when on his land
or in his own abode or fixed place of business any
pistol, revolver, stun gun or taser or other firearm,
except that this subsection (a) (4) does not apply to or
affect transportation of weapons that meet one of the
following conditions:
(i) are broken down in a non-functioning
state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case,
firearm carrying box, shipping box, or other
container by a person who has been issued a
currently valid Firearm Owner's Identification Card;
or
(5) Sets a spring gun; or
(6) Possesses any device or attachment of any kind
designed, used or intended for use in silencing the
report of any firearm; or
(7) Sells, manufactures, purchases, possesses or
carries:
(i) a machine gun, which shall be defined for
the purposes of this subsection as any weapon, which
shoots, is designed to shoot, or can be readily
restored to shoot, automatically more than one shot
without manually reloading by a single function of
the trigger, including the frame or receiver of any
such weapon, or sells, manufactures, purchases,
possesses, or carries any combination of parts
designed or intended for use in converting any
weapon into a machine gun, or any combination or
parts from which a machine gun can be assembled if
such parts are in the possession or under the
control of a person;
(ii) any rifle having one or more barrels less
than 16 inches in length or a shotgun having one or
more barrels less than 18 inches in length or any
weapon made from a rifle or shotgun, whether by
alteration, modification, or otherwise, if such a
weapon as modified has an overall length of less
than 26 inches; or
(iii) any bomb, bomb-shell, grenade, bottle or
other container containing an explosive substance of
over one-quarter ounce for like purposes, such as,
but not limited to, black powder bombs and Molotov
cocktails or artillery projectiles; or
(8) Carries or possesses any firearm, stun gun or
taser or other deadly weapon in any place which is
licensed to sell intoxicating beverages, or at any public
gathering held pursuant to a license issued by any
governmental body or any public gathering at which an
admission is charged, excluding a place where a showing,
demonstration or lecture involving the exhibition of
unloaded firearms is conducted.
This subsection (a)(8) does not apply to any auction
or raffle of a firearm held pursuant to a license or
permit issued by a governmental body, nor does it apply
to persons engaged in firearm safety training courses; or
(9) Carries or possesses in a vehicle or on or
about his person any pistol, revolver, stun gun or taser
or firearm or ballistic knife, when he is hooded, robed
or masked in such manner as to conceal his identity; or
(10) Carries or possesses on or about his person,
upon any public street, alley, or other public lands
within the corporate limits of a city, village or
incorporated town, except when an invitee thereon or
therein, for the purpose of the display of such weapon or
the lawful commerce in weapons, or except when on his
land or in his own abode or fixed place of business, any
pistol, revolver, stun gun or taser or other firearm,
except that this subsection (a) (10) does not apply to or
affect transportation of weapons that meet one of the
following conditions:
(i) are broken down in a non-functioning
state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case,
firearm carrying box, shipping box, or other
container by a person who has been issued a
currently valid Firearm Owner's Identification Card.
A "stun gun or taser", as used in this paragraph (a)
means (i) any device which is powered by electrical
charging units, such as, batteries, and which fires one
or several barbs attached to a length of wire and which,
upon hitting a human, can send out a current capable of
disrupting the person's nervous system in such a manner
as to render him incapable of normal functioning or (ii)
any device which is powered by electrical charging units,
such as batteries, and which, upon contact with a human
or clothing worn by a human, can send out current capable
of disrupting the person's nervous system in such a
manner as to render him incapable of normal functioning;
or
(11) Sells, manufactures or purchases any explosive
bullet. For purposes of this paragraph (a) "explosive
bullet" means the projectile portion of an ammunition
cartridge which contains or carries an explosive charge
which will explode upon contact with the flesh of a human
or an animal. "Cartridge" means a tubular metal case
having a projectile affixed at the front thereof and a
cap or primer at the rear end thereof, with the
propellant contained in such tube between the projectile
and the cap; or
(12) (Blank).
(b) Sentence. A person convicted of a violation of
subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
(3), subsection 24-1(a)(5), subsection 24-1(a)(8), or
subsection 24-1(a)(11) commits a Class A misdemeanor. A
person convicted of a violation of subsection 24-1(a)(8) or
24-1(a)(4), 24-1(a)(9), or 24-1(a)(10) commits a Class 4
felony; a person convicted of a violation of subsection
24-1(a)(6) or 24-1(a)(7)(ii) or (iii) commits a Class 3
felony. A person convicted of a violation of subsection
24-1(a)(7)(i) commits a Class 2 felony, unless the weapon is
possessed in the passenger compartment of a motor vehicle as
defined in Section 1-146 of the Illinois Vehicle Code, or on
the person, while the weapon is loaded, in which case it
shall be a Class X felony. A person convicted of a second
or subsequent violation of subsection 24-1(a)(4), 24-1(a)(8),
24-1(a)(9), or 24-1(a)(10) commits a Class 3 felony.
(c) Violations in specific places.
(1) A person who violates subsection 24-1(a)(6) or
24-1(a)(7) in any school, regardless of the time of day
or the time of year, in residential property owned,
operated or managed by a public housing agency or leased
by a public housing agency as part of a scattered site or
mixed-income development, in a public park, in a
courthouse, on the real property comprising any school,
regardless of the time of day or the time of year, on
residential property owned, operated or managed by a
public housing agency or leased by a public housing
agency as part of a scattered site or mixed-income
development, on the real property comprising any public
park, on the real property comprising any courthouse, in
any conveyance owned, leased or contracted by a school to
transport students to or from school or a school related
activity, or on any public way within 1,000 feet of the
real property comprising any school, public park,
courthouse, or residential property owned, operated, or
managed by a public housing agency or leased by a public
housing agency as part of a scattered site or
mixed-income development commits a Class 2 felony.
(1.5) A person who violates subsection 24-1(a)(4),
24-1(a)(9), or 24-1(a)(10) in any school, regardless of
the time of day or the time of year, in residential
property owned, operated, or managed by a public housing
agency or leased by a public housing agency as part of a
scattered site or mixed-income development, in a public
park, in a courthouse, on the real property comprising
any school, regardless of the time of day or the time of
year, on residential property owned, operated, or managed
by a public housing agency or leased by a public housing
agency as part of a scattered site or mixed-income
development, on the real property comprising any public
park, on the real property comprising any courthouse, in
any conveyance owned, leased, or contracted by a school
to transport students to or from school or a school
related activity, or on any public way within 1,000 feet
of the real property comprising any school, public park,
courthouse, or residential property owned, operated, or
managed by a public housing agency or leased by a public
housing agency as part of a scattered site or
mixed-income development commits a Class 3 felony.
(2) A person who violates subsection 24-1(a)(1),
24-1(a)(2), or 24-1(a)(3) in any school, regardless of
the time of day or the time of year, in residential
property owned, operated or managed by a public housing
agency or leased by a public housing agency as part of a
scattered site or mixed-income development, in a public
park, in a courthouse, on the real property comprising
any school, regardless of the time of day or the time of
year, on residential property owned, operated or managed
by a public housing agency or leased by a public housing
agency as part of a scattered site or mixed-income
development, on the real property comprising any public
park, on the real property comprising any courthouse, in
any conveyance owned, leased or contracted by a school to
transport students to or from school or a school related
activity, or on any public way within 1,000 feet of the
real property comprising any school, public park,
courthouse, or residential property owned, operated, or
managed by a public housing agency or leased by a public
housing agency as part of a scattered site or
mixed-income development commits a Class 4 felony.
"Courthouse" means any building that is used by the
Circuit, Appellate, or Supreme Court of this State for
the conduct of official business.
(3) Paragraphs (1), (1.5), and (2) of this
subsection (c) shall not apply to law enforcement
officers or security officers of such school, college, or
university or to students carrying or possessing firearms
for use in training courses, parades, hunting, target
shooting on school ranges, or otherwise with the consent
of school authorities and which firearms are transported
unloaded enclosed in a suitable case, box, or
transportation package.
(4) For the purposes of this subsection (c),
"school" means any public or private elementary or
secondary school, community college, college, or
university.
(d) The presence in an automobile other than a public
omnibus of any weapon, instrument or substance referred to in
subsection (a)(7) is prima facie evidence that it is in the
possession of, and is being carried by, all persons occupying
such automobile at the time such weapon, instrument or
substance is found, except under the following circumstances:
(i) if such weapon, instrument or instrumentality is found
upon the person of one of the occupants therein; or (ii) if
such weapon, instrument or substance is found in an
automobile operated for hire by a duly licensed driver in the
due, lawful and proper pursuit of his trade, then such
presumption shall not apply to the driver.
(e) Exemptions. Crossbows, Common or Compound bows and
Underwater Spearguns are exempted from the definition of
ballistic knife as defined in paragraph (1) of subsection (a)
of this Section.
(Source: P.A. 90-686, eff. 1-1-99; 91-673, eff. 12-22-99.)
(720 ILCS 5/24-1.6 new)
Sec. 24-1.6. Aggravated unlawful use of a weapon.
(a) A person commits the offense of aggravated unlawful
use of a weapon when he or she knowingly:
(1) Carries on or about his or her person or in any
vehicle or concealed on or about his or her person except
when on his or her land or in his or her abode or fixed
place of business any pistol, revolver, stun gun or taser
or other firearm; or
(2) Carries or possesses on or about his or her
person, upon any public street, alley, or other public
lands within the corporate limits of a city, village or
incorporated town, except when an invitee thereon or
therein, for the purpose of the display of such weapon or
the lawful commerce in weapons, or except when on his or
her own land or in his or her own abode or fixed place of
business, any pistol, revolver, stun gun or taser or
other firearm; and
(3) One of the following factors is present:
(A) the firearm possessed was uncased, loaded
and immediately accessible at the time of the
offense; or
(B) the firearm possessed was uncased,
unloaded and the ammunition for the weapon was
immediately accessible at the time of the offense;
or
(C) the person possessing the firearm has not
been issued a currently valid Firearm Owner's
Identification Card; or
(D) the person possessing the weapon was
previously adjudicated a delinquent minor under the
Juvenile Court Act of 1987 for an act that if
committed by an adult would be a felony; or
(E) the person possessing the weapon was
engaged in a misdemeanor violation of the Cannabis
Control Act or in a misdemeanor violation of the
Illinois Controlled Substances Act; or
(F) the person possessing the weapon is a
member of a street gang or is engaged in street gang
related activity, as defined in Section 10 of the
Illinois Streetgang Terrorism Omnibus Prevention
Act; or
(G) the person possessing the weapon had a
order of protection issued against him or her within
the previous 2 years; or
(H) the person possessing the weapon was
engaged in the commission or attempted commission of
a misdemeanor involving the use or threat of
violence against the person or property of another;
or
(I) the person possessing the weapon was under
21 years of age and in possession of a handgun as
defined in Section 24-3, unless the person under 21
is engaged in lawful activities under the Wildlife
Code or described in subsection 24-2(b)(1), (b)(3),
or 24-2(f).
(b) "Stun gun or taser" as used in this Section has the
same definition given to it in Section 24-1 of this Code.
(c) This Section does not apply to or affect the
transportation or possession of weapons that:
(i) are broken down in a non-functioning
state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case,
firearm carrying box, shipping box, or other
container by a person who has been issued a
currently valid Firearm Owner's Identification Card.
(d) Sentence. Aggravated unlawful use of a weapon is a
Class 4 felony; a second or subsequent offense is a Class 2
felony. Aggravated unlawful use of a weapon by a person who
has been previously convicted of a felony in this State or
another jurisdiction is a Class 2 felony.
(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) Licensed hunters, trappers or fishermen 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.
(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.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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